KLC 2020 Legislative Update

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1) ALCOHOLIC BEVERAGES House Bill 415 DIRECT SHIPMENT OF ALCOHOLIC BEVERAGES Sponsor: Representative Adam Koenig (R-Erlanger) HB 415 creates new sections of KRS Chapter 243 to permit direct shipper licenses to be issued by the Department of Alcoholic Beverage Control to a manufacturer in Kentucky or any other state for shipment of alcoholic beverages directly to consumers of legal age. The manufacturer shall: (1) ship only alcoholic beverages produced by the manufacturer and sold under a brand name owned or exclusively licensed to the manufacturer; (2) pay an annual license fee of $100; and (3) if located out of state, provide a copy of the manufacturer’s current license, permit, or other authorization to manufacture alcoholic beverages in the state where the manufacturer is located. Each direct shipper licensee shall file a quarterly report with the Department of Alcoholic Beverage Control and the Department of Revenue showing: (1) the total amount of alcoholic beverages shipped into the state per consumer; (2) the name and address of each consumer; (3) the purchase price of the alcoholic beverages shipped and the amount of taxes charged to the consumer for the alcoholic beverages shipped; and (4) the name and address of each common carrier. A direct shipper licensee may sell or ship to a consumer all types of alcoholic beverages that the licensee is authorized to sell with the following limits: (1) distilled spirits, including souvenir packages, in quantities not to exceed 10 liters per consumer per month; (2) wine in quantities not to exceed 10 cases per consumer per month; and (3) malt beverages in quantities not to exceed the 10 cases per consumer per month. Small farm wineries and microbreweries holding a direct shipper license may also sell or ship to consumers. All shipments or deliveries must be made through a licensed common carrier. All shipments must be conspicuously labeled, “Contains alcohol: Signature of person age 21 or older required for delivery.” The recipient of the shipment must provide valid identification. A direct shipper licensee may not sell or ship alcoholic beverages to a consumer if the consumer’s address is in an area in which alcoholic beverages may not be sold or received. For tax purposes, each sale and delivery of alcoholic beverages pursuant to a direct shipper license is considered a sale at the address of the consumer. All applicable taxes must be included in the selling price and separately identified on the consumer’s invoice for collection by the direct shipper licensee from the consumer. Applicable taxes include sales and use tax, excise tax, wholesale tax, and local government regulatory license fees. Representative Adam Koenig (R-Erlanger) speaks to the members of the House Licensing, Occupations and Administrative Regulations Committee. Photo Courtesy: LRC Public Information www.KLC.org 8
1) ALCOHOLIC BEVERAGES KRS 243.075 is amended to require a direct shipper licensee to collect and remit regulatory license fees imposed by a city or county as if it were an establishment located in the city or county licensed to sell alcoholic beverages. To assist in collection of regulatory license fees from direct shipper licensees, any city or county imposing a regulatory license fee shall file with the Department of Alcoholic Beverage Control a report showing the applicable fee amount and remittance address for each affected license type in its jurisdiction on or before August 1, 2020. Any adoption or modification of a fee after July 15, 2020, shall be reported to the department within 30 days of the adoption or modification by the city or county imposing the fee. Senate Bill 99 ALCOHOLIC BEVERAGE CONTROL MEASURES Sponsor: Senator John Schickel (R-Union) SB 99 amends various provisions of KRS Chapters 241 to 244 relating to alcoholic beverages, including provisions authorizing local-option elections for the sale of alcoholic beverages at microbreweries and distilleries. • A new section of KRS Chapter 242 is created to permit a local-option election approving or disapproving the sale of alcoholic beverages at a microbrewery located in a precinct in any dry or moist county or city in which a microbrewery is located or proposed. If the majority of the votes in an election are “yes,” a nonquota type 4 retail malt beverage drink license and a nonquota retail malt beverage package license may be issued to a microbrewer located within the precinct. • KRS 242.1243 is amended to remove the provision that prohibits local-option elections for the sale of alcoholic beverages at distilleries after July 15, 2019. Other provisions: • KRS 241.010 is amended to revise the definition of “private club” to include a nonprofit or forprofit entity maintaining or operating a club room, club rooms, or premises from which the general public is excluded. • KRS 242.1241 is amended to remove the provision prohibiting the sale of alcoholic beverages at a licensed small farm winery before 1:00 p.m. on Sundays. • KRS 243.0305 is amended to allow distillery gift shops to sell products produced in collaboration with a brewer or microbrewer in packages that are not exclusive to the gift shop. • KRS 243.0307 is amended to permit a sampling license to be issued to the holder of a nonquota retail malt beverage package license and a nonquota type 4 retail malt beverage drink license. A malt beverage sampling license limits a customer to 12 ounces of malt beverage samples per day. A brewer, microbrewery, or out-of-state malt beverage supplier may conduct a sampling of malt beverages at the licensed premise of a retailer licensee holding a sampling license. • KRS 243.086 is amended to remove the requirement that a private club be in existence for longer than one year prior to applying for a nonquota type 3 retail drink license. www.KLC.org 9
Page 1 and 2: 2020 KENTUCKY LEAGUE OF CITIES LEGI
Page 3 and 4: Local Government Procedures -------
Page 5 and 6: HB 375 HB 378 HB 382 HB 415 HB 479
Page 7: A MESSAGE FROM KLC J.D. CHANEY EXEC
Page 11 and 12: 2) EMERGENCY SERVICES House Bill 8
Page 13 and 14: 2) EMERGENCY SERVICES House Bill 35
Page 15 and 16: 3) FIRE PROTECTION 3. 4. 5. 6. 7. 8
Page 17 and 18: 4) LAW ENFORCEMENT House Bill 298 P
Page 19 and 20: 4) LAW ENFORCEMENT Senate Bill 111
Page 21 and 22: 5) LOCAL GOVERNMENT ADMINISTRATION
Page 23 and 24: 6) LOCAL GOVERNMENT PROCEDURES A lo
Page 25 and 26: 6) LOCAL GOVERNMENT PROCEDURES KRS
Page 27 and 28: 7) PUBLIC HEALTH House Bill 344 ACC
Page 29 and 30: 7) PUBLIC HEALTH 2. 3. 4. 5. 6. 7.
Page 31 and 32: 8) PUBLIC SAFETY role and effective
Page 33 and 34: 9) RETIREMENT & PENSIONS authorized
Page 35 and 36: 9) RETIREMENT & PENSIONS The CERS B
Page 37 and 38: 9) RETIREMENT & PENSIONS Senate Bil
Page 39 and 40: 10) FISCAL MATTERS House Bill 352 E
Page 41 and 42: 11) SCHOOL SAFETY Senate Bill 8 SCH
Page 43 and 44: 12) TELECOMMUNICATIONS House Bill 3

KLC 2020 Legislative Update

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