KRS § 243.100 — KY Code / Title XX / Chapter 243 / Section 243.100
243.100 Persons who may not be licensed -- Evasion of license disqualification by certain persons -- Direct shipper exemption
Status: in_force

243.100 Persons who may not be licensed -- Evasion of license disqualification by

certain persons -- Direct shipper exemption.

An individual shall not become a licensee if the individual:

(1) (a) Has been convicted of any felony until five (5) years have passed from the

date of conviction, release from custody or incarceration, parole, or

termination of probation, whichever is later;

(b) Has been convicted of any misdemeanor involving a controlled substance that

is described in or classified pursuant to KRS Chapter 218A in the two (2)

years immediately preceding the application;

(c) Has been convicted of any misdemeanor directly or indirectly attributable to

the use of alcoholic beverages or cannabis-infused beverages in the two (2)

years immediately preceding the application;

(d) Is under the age of twenty-one (21) years; or

(e) Has had any license relating to the regulation of the manufacture, sale, and

transportation of alcoholic beverages or the regulation of the sale, distribution,

or transportation of cannabis-infused beverages revoked for cause or has been

convicted of a violation of any statute within KRS Chapters 241 to 244, until

the expiration of two (2) years from the date of the revocation or conviction.

(2) A partnership, limited partnership, limited liability company, corporation,

governmental agency, or other business entity recognized by law shall not be

licensed if:

(a) Each principal owner, partner, member, officer, and director does not qualify

under subsection (1)(a), (b), (c), (d), and (e) of this section;

(b) It has had any license relating to the regulation of the manufacture, sale, and

transportation of alcoholic beverages or the regulation of the sale, distribution,

or transportation of cannabis-infused beverages revoked for cause or has been

convicted of a violation of any statute within KRS Chapters 241 to 244, until

the expiration of two (2) years from the date of the revocation or conviction;

or

(c) Any principal owner, partner, member, officer, or director, or any business

entity in which they were directly or indirectly interested, has had any license

revoked for cause or has been convicted of a violation of any statute within

KRS Chapters 241 to 244, until the expiration of the later of two (2) years

from the date of the revocation or two (2) years from the date of conviction.

(3) The provisions of subsection (1)(a) and (b) shall apply to anyone applying for a new

license under this chapter after July 15, 1998, but shall not apply to those who

renew a license that was originally issued prior to July 15, 1998, or an application

for a supplemental license where the original license was issued prior to July 15,

1998.

(4) A person shall not evade license disqualification by applying for a license through

or under the name of a different person. The state administrators shall examine the

ownership, membership, and management of all license applicants, and shall deny

the application if a disqualified person has a direct or indirect interest in the

applicant's business. The department may issue administrative subpoenas and

summonses to determine ownership of an applicant or to investigate alleged

violations by a licensee.

(5) A direct shipper license applicant shall be exempt from the requirements of this

section, and shall instead follow the requirements set forth in KRS 243.027.