Kentucky Statutes 243.036 – Special temporary alcoholic beverage auction license
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(1) A special temporary alcoholic beverage auction license may be issued to a charitable or nonprofit organization.
(2) A special temporary alcoholic beverage auction license shall authorize the holder to:
(a) Purchase, transport, receive, possess, store, sell, and deliver alcoholic beverages to be sold by auction or raffle or consumed at charity or nonprofit events;
(b) Purchase, transport, receive, possess, store, sell, and deliver limited specially labeled bottles of alcoholic beverages to be sold at charity or nonprofit events;
(c) Obtain alcoholic beverages from distillers, rectifiers, wineries, small farm wineries, brewers, microbreweries, wholesalers, distributors, retailers, or any other person, by gift or donation, for the purpose of charity or nonprofit events; and
(d) Receive payment for alcoholic beverages sold at events.
(3) Each alcoholic beverage auction or raffle conducted by a charitable organization shall be subject to all restrictions and limitations contained in KRS Chapters 241 to 244 and the administrative regulations issued under those chapters and shall be authorized only on the days and only during the hours that the sale of alcoholic beverages is otherwise authorized in the county or municipality.
(4) The location at which the alcoholic beverages are auctioned, raffled, or consumed under this section shall not constitute a public place for the purpose of KRS Chapter 222. Charitable or nonprofit events may be conducted on licensed or unlicensed premises. The charitable organization possessing a special temporary alcoholic beverage auction license shall post a copy of the license at the location of the event.
(5) A special temporary alcoholic beverage auction license shall not be issued for any period longer than thirty (30) days.
(6) Notwithstanding any other provision of KRS Chapters 241 to 244, a distiller, rectifier, winery, small farm winery, brewer, microbrewery, wholesaler, distributor, or retailer may donate, give away, or deliver any of its products to a charitable or nonprofit organization possessing a special temporary alcoholic beverage auction license under this section.
(7) All restrictions and prohibitions applying to an alcoholic beverage retail package and alcoholic beverage by the drink license, not inconsistent with this section, shall apply to a special temporary alcoholic beverage auction license.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 37, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 80, sec. 8, effective July 15, 2016. — Amended
2013 Ky. Acts ch. 121, sec. 49, effective June 25, 2013. — Amended 2010 Ky. Acts ch. 24, sec. 563, effective July 15, 2010. — Amended 1998 Ky. Acts ch.
518, sec. 8, effective April 13, 1998. — Created 1996 Ky. Acts ch. 44, sec. 1, effective July 15, 1996.
(2) A special temporary alcoholic beverage auction license shall authorize the holder to:
Terms Used In Kentucky Statutes 243.036
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(a) Purchase, transport, receive, possess, store, sell, and deliver alcoholic beverages to be sold by auction or raffle or consumed at charity or nonprofit events;
(b) Purchase, transport, receive, possess, store, sell, and deliver limited specially labeled bottles of alcoholic beverages to be sold at charity or nonprofit events;
(c) Obtain alcoholic beverages from distillers, rectifiers, wineries, small farm wineries, brewers, microbreweries, wholesalers, distributors, retailers, or any other person, by gift or donation, for the purpose of charity or nonprofit events; and
(d) Receive payment for alcoholic beverages sold at events.
(3) Each alcoholic beverage auction or raffle conducted by a charitable organization shall be subject to all restrictions and limitations contained in KRS Chapters 241 to 244 and the administrative regulations issued under those chapters and shall be authorized only on the days and only during the hours that the sale of alcoholic beverages is otherwise authorized in the county or municipality.
(4) The location at which the alcoholic beverages are auctioned, raffled, or consumed under this section shall not constitute a public place for the purpose of KRS Chapter 222. Charitable or nonprofit events may be conducted on licensed or unlicensed premises. The charitable organization possessing a special temporary alcoholic beverage auction license shall post a copy of the license at the location of the event.
(5) A special temporary alcoholic beverage auction license shall not be issued for any period longer than thirty (30) days.
(6) Notwithstanding any other provision of KRS Chapters 241 to 244, a distiller, rectifier, winery, small farm winery, brewer, microbrewery, wholesaler, distributor, or retailer may donate, give away, or deliver any of its products to a charitable or nonprofit organization possessing a special temporary alcoholic beverage auction license under this section.
(7) All restrictions and prohibitions applying to an alcoholic beverage retail package and alcoholic beverage by the drink license, not inconsistent with this section, shall apply to a special temporary alcoholic beverage auction license.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 37, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 80, sec. 8, effective July 15, 2016. — Amended
2013 Ky. Acts ch. 121, sec. 49, effective June 25, 2013. — Amended 2010 Ky. Acts ch. 24, sec. 563, effective July 15, 2010. — Amended 1998 Ky. Acts ch.
518, sec. 8, effective April 13, 1998. — Created 1996 Ky. Acts ch. 44, sec. 1, effective July 15, 1996.