Ky. Rev. Stat. § 243.081

Current through Acts Received April 24, 2024

Section 243.081 - Retail sale of alcoholic beverages on a delivery, to-go, or take-out basis - Prohibitions - Requirements - Exemptions regarding delivery vehicle signage - Application of other laws

(1) If authorized under its licensing statute, a license holder with the privilege of selling alcoholic beverages by the drink at retail shall be permitted to sell alcoholic beverages by the drink in a sealed container, and by the package in sealed original containers, on a delivery, to-go, or take-out basis, as follows:

(a) The sale of alcoholic beverages pursuant to this section shall be in conjunction with the purchase of a prepared meal and only in quantities that a reasonable person would purchase with a meal;

(b) Deliveries, if applicable, shall be made in a vehicle operated and owned by the licensee, the licensee's employee, or an independent contractor or agent; and

(c) Any person delivering alcoholic beverages shall be at least twenty-one (21) years of age.

(2) All licensees and their employees and independent contractors are prohibited from:

(a) Selling alcohol in bulk quantities;

(b) Completing sales in dry territories; or

(c) Delivering:

1. Into dry territory;

2. To a minor under twenty-one (21) years of age; or

3. To an intoxicated person.

(3)

(a) For purposes of this section, alcoholic drinks to go shall be:

1. Placed in a bag or other container that is secured in a manner that makes it visibly apparent if the container has been subsequently opened or tampered with; and

2. Transported in a locked glove compartment or the trunk or other area that is not a passenger area under KRS 189.530(5).

(b) The department may, but is not required to, promulgate an administrative regulation that sets forth the:

1. Conditions under which sales may take place;

2. Days and times that sales may take place; and

3. The requirements for transportation of alcoholic drinks to go under this section.

(4) For purposes of this section, vehicles used for deliveries shall be exempt from displaying the name and license number of the retail licensee selling the alcoholic beverages being delivered.

(5) Except as provided in this section, sales of alcoholic beverages shall be subject to all of the statutes and administrative regulations relating to the retail sale of alcoholic beverages.

KRS 243.081

Effective: March 15, 2021

Created 2021 Ky. Acts ch. 20, sec. 1, effective March 15, 2021.

Added by 2021 Ky. Acts ch. 20,§ 1, eff. 3/15/2021.