Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:415 - Direct shipper license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 243.027, 243.028, 243.029,
				243.030(33),
				244.050,
				244.440,
				244.585
NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.027 requires the
				Department of Alcoholic Beverage Control to set forth the requirements and the
				form for a direct shipper license application. KRS 243.027(3)(c) requires the
				department to establish through regulation what information the department
				determines to be necessary to implement and administer the direct shipper
				license. KRS 243.027(6)(a) requires the department to reduce unlicensed
				deliveries and shipments of alcoholic beverages in the state.
				KRS
				241.060(1) authorizes the
				department to promulgate reasonable administrative regulations governing
				procedures relative to application for licenses as well as the supervision and
				control of the trafficking of alcoholic beverages. This administrative
				regulation establishes requirements for the direct shipper license and the
				privileges and responsibilities of a direct shipper license.
Section 1. Qualifications. To qualify for a
			 direct shipper license, an applicant shall:
(1) Hold a current license, permit, or other
			 authorization to manufacture alcoholic beverages in the state where it is
			 located or a current license in this state under
			 KRS
			 243.212 or
			 243.215
			 to supply alcoholic beverages;
(2)
			 Hold a current permit or authorization under the Federal Alcohol Administration
			 Act as follows:
(a) If a manufacturer other
			 than a brewery, a basic permit to produce or manufacture beverage
			 alcohol;
(b) If a manufacturer that
			 is a brewery, a brewer's notice to produce or manufacture malt beverages;
			 or
(c) If an importer, wholesaler,
			 or distributor licensed as a supplier under
			 KRS
			 243.212 or
			 243.215,
			 a basic importer's or wholesaler's permit for the purpose of directly shipping
			 only those products for which the applicant is designated the primary source of
			 supply under the applicant's supplier license;
(3) Complete the online direct shipper
			 license application via the department's licensing portal at
https://abc-portal.ky.gov/s/kyabcnewlicensetype
;
(4) Provide the address and a description of
			 the premises from which the applicant will ship alcoholic beverages to
			 consumers, and documentation showing ownership or possession of the premises
			 under a written agreement;
(5) Pay
			 the annual license fee established in
			 KRS
			 243.030(33);
(6) Disclose all of the applicant's current
			 alcohol-related licenses, permits, and authorizations granted by this state,
			 the federal government, and, if applicable, the state in which the applicant
			 manufactures alcoholic beverages;
(7) Disclose all convictions for violations
			 of alcoholic beverage laws, or misdemeanors directly or indirectly attributable
			 to the use of alcoholic beverages or the use or trafficking in controlled
			 substances, in the last two (2) years in any state, by the applicant or the
			 applicant's officers, directors, or members or managers as defined in
			 KRS
			 275.015;
(8) Disclose all convictions or sentences
			 served for felonies of any kind by the applicant or the applicant's officers,
			 directors, or members or managers as defined in
			 KRS
			 275.015, in the last five (5)
			 years;
(9) Complete all
			 registration requirements with respect to payment of any applicable excise tax,
			 state or local sales or use tax, local regulatory license fee, or other tax
			 owed in this state to directly ship alcoholic beverages to consumers in this
			 state; and
(10) Consent to the
			 jurisdiction of the Commonwealth of Kentucky for purposes of enforcement of KRS
			 Chapters 241 to 244.