Current through 2024 Ky. Acts ch.225
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;(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; or3. 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; and2. 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.Amended by 2020 Ky. Acts ch. 102,§ 12, eff. 7/14/2020.Added by 2017 Ky. Acts ch. 62,§ 28, eff. 6/29/2017.