Kentucky Statutes 438.337 – Responsibilities of Department of Alcoholic Beverage Control in enforcement of KRS 438.305 to 438.340 — Disposition of revenue and fines collected under KRS 138.140 and KRS 438.305 to 438.340 — Statistics — Enforcement plan
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(1) The Department of Alcoholic Beverage Control shall carry out the enforcement provisions of KRS § 438.305 to KRS § 438.340.
(2) The Department of Alcoholic Beverage Control shall be entitled to the revenue produced by one-twentieth of one cent ($0.0005) of the three-cent ($0.03) per pack revenue collected by the Finance and Administration Cabinet from the state excise tax on the sale of cigarettes as imposed by KRS § 138.140 to be deposited in a trust and agency account created in the State Treasury, and to keep fifty percent (50%) of any fines collected under KRS § 438.305 to KRS § 438.340 to offset the costs of enforcement of KRS § 438.305 to KRS § 438.340.
(3) The Department of Alcoholic Beverage Control shall be responsible for maintaining statistics for compilation of required reports to be submitted to the United States Department of Health and Human Services.
(4) The Department of Alcoholic Beverage Control shall devise a plan and time frame for enforcement to determine by random inspection if the percentage of retailers or distributors making illegal sales to persons under the age of twenty-one (21) does or does not exceed federal guidelines preventing tobacco sales to persons under the age of twenty-one (21).
Effective: March 26, 2020
History: Amended 2020 Ky. Acts ch. 35, sec. 8, effective March 26, 2020. — Amended
2010 Ky. Acts ch. 24, sec. 1933, effective July 15, 2010. — Created 2000 Ky. Acts ch. 423, sec. 9, effective July 14, 2000.
(2) The Department of Alcoholic Beverage Control shall be entitled to the revenue produced by one-twentieth of one cent ($0.0005) of the three-cent ($0.03) per pack revenue collected by the Finance and Administration Cabinet from the state excise tax on the sale of cigarettes as imposed by KRS § 138.140 to be deposited in a trust and agency account created in the State Treasury, and to keep fifty percent (50%) of any fines collected under KRS § 438.305 to KRS § 438.340 to offset the costs of enforcement of KRS § 438.305 to KRS § 438.340.
Terms Used In Kentucky Statutes 438.337
- Devise: To gift property by will.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The Department of Alcoholic Beverage Control shall be responsible for maintaining statistics for compilation of required reports to be submitted to the United States Department of Health and Human Services.
(4) The Department of Alcoholic Beverage Control shall devise a plan and time frame for enforcement to determine by random inspection if the percentage of retailers or distributors making illegal sales to persons under the age of twenty-one (21) does or does not exceed federal guidelines preventing tobacco sales to persons under the age of twenty-one (21).
Effective: March 26, 2020
History: Amended 2020 Ky. Acts ch. 35, sec. 8, effective March 26, 2020. — Amended
2010 Ky. Acts ch. 24, sec. 1933, effective July 15, 2010. — Created 2000 Ky. Acts ch. 423, sec. 9, effective July 14, 2000.