Ky. Rev. Stat. § 243.0307

Current through Acts Received April 18, 2024
Section 243.0307 - Sampling license - Sampling and sale of alcoholic beverages on premises of licensed retailer
(1) A sampling license may be issued to the holder of:
(a) A quota retail drink license;
(b) A quota retail package license;
(c) A nonquota retail malt beverage package license;
(d) An NQ1 license;
(e) An NQ2 license;
(f) An NQ4 retail malt beverage drink license; or
(g) A distiller's license.
(2) A sampling license shall authorize the licensee to allow customers to sample, free of charge, distilled spirits, wine, and malt beverages under the following conditions:
(a) Sampling shall be permitted only on licensed premises and by licensees holding a sampling license, during regular business hours;
(b) A distillery shall provide samples as authorized by KRS 243.0305;
(c) All other licensees shall limit a customer to:
1. One (1) ounce of distilled spirits samples per day;
2. Six (6) ounces of wine samples per day; or
3. Twelve (12) ounces of malt beverage samples per day; and
(d) A brewer, microbrewery, or out-of-state malt beverage supplier may conduct a sampling of malt beverages as permitted by this section at the licensed premises of a retailer licensee holding a sampling license.
(3) Retailers holding a sampling license shall:
(a) Notify the Department of Alcoholic Beverage Control at least seven (7) days in advance of conducting a free sampling event; and
(b) Limit a sampling event to a period not to exceed four (4) consecutive hours between 12 noon and 8 p.m.
(4) In addition to free sampling, a quota retail package licensee holding a sampling license may also sell sample distilled spirits and wine under the following conditions:
(a) Paid samples may be sold only on licensed premises and by licensees holding a sampling license, during regular business hours; and
(b) A licensee shall limit a customer to purchased samples totaling no more than:
1. Two (2) ounces of distilled spirits per day; and
2. Nine (9) ounces of wine per day.
(5) A quota retail package licensee holding both a sampling license and a nonquota retail malt beverage package license may also sell samples of malt beverages under the following conditions:
(a) Paid samples may be sold only on licensed premises and by licensees holding a sampling license, during regular business hours;
(b) A licensee shall limit a customer to no more than sixteen (16) ounces of malt beverages per day; and
(c) The retail price of a sample shall not be less than a licensee's purchase cost of the sample.
(6) No customer shall be allowed to receive a combination of free and purchased samples totaling more than:
(a) Two (2) ounces of distilled spirits per day; and
(b) Nine (9) ounces of wine per day.
(7) Free and paid samples provided under this section shall not constitute drink sales.

KRS 243.0307

Amended by 2020 Ky. Acts ch. 102,§ 12, eff. 7/14/2020.
Added by 2017 Ky. Acts ch. 62,§ 28, eff. 6/29/2017.