reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:410 - Product registration and forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13A.110,
				241.060(1),
				243.380,
				243.390
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				244.440 and
				KRS
				244.585 require producers and importers to
				register product brands and flavors before offered for sale in the state.
				KRS
				13A.110 provides that the board shall
				include, in regulation, all forms which the department requires to be completed
				and filed. This administrative regulation prescribes product registrations and
				forms utilized by the department.
Section
			 1. Product Registration. Licensees required to register product
			 brands and flavors shall use the Online Product Registration Portal to complete
			 the online registration process at:
https://www.productregistrationonline.com/GetStarted/Ky#selectPermit
.
Section 2. Forms. A person shall complete and
			 submit the following additional forms as needed or requested by the department:
(1) Dormancy Request Form;
(2) Non-Transfer Affidavit Form;
(3) Credit/Debit Payment Form;
(4) Refund Request Form;
(5) Law Book Order Form;
(6) Speaker Request Form;
(7) Minors on Premises Request Form;
			 and
(8) Private Event Request
			 Form.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:480 - License surrender

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.100,
				243.520
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate reasonable regulations governing procedures relative to the
				applications for and revocations of licenses, and the supervision and control
				of the use, manufacture, sale, transportation, storage, advertising, and
				trafficking of alcoholic beverages. This administrative regulation empowers the
				board to continue administrative proceedings to adjudicate violations of KRS
				Chapters 241 to 244 by licensees and former licensees despite the surrender of
				their licenses in order to ensure that licensees who violate alcoholic beverage
				control laws are held accountable and duly prevented from becoming licensed
				again for two (2) years in accordance with
				KRS
				243.100.
Section
			 1. The surrender or expiration of a license shall not affect a
			 proceeding to suspend or revoke a license. The board shall retain the authority
			 to enforce relevant provisions and penalties of KRS Chapters 241 to 244 against
			 any individual or business entity who is under investigation for or charged
			 with a violation of those chapters, even if the individual's or business
			 entity's license has been surrendered or has lapsed by operation of
			 law.
Section 2. This administrative
			 regulation shall not be interpreted to relate to direct shipper
			 licenses.
STATUTORY AUTHORITY:
				  KRS
				  241.060
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 5 - Conduct of Business; Employees › Section 804 KAR 5:080 - Vintage Distilled Spirits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.010(66),
				243.232
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations governing procedures relative to
				the matters over which the board has jurisdiction.
				KRS
				243.232(1) authorizes
				retailers licensed to sell distilled spirits by the drink or package to
				purchase vintage distilled spirits from unlicensed persons for resale to
				consumers in accordance with administrative regulations promulgated by the
				board. This administrative regulation establishes requirements governing the
				purchase and sale of vintage distilled spirits.
Section 1. Definition. "Vintage distilled
			 spirits seller":
(1) Means a non-licensed
			 person at least twenty-one (21) years of age who is:
(a) An administrator, executor, receiver, or
			 other fiduciary who receives and sells vintage distilled spirits in execution
			 of fiduciary capacity;
(b) A
			 creditor who receives or takes possession of vintage distilled spirits as
			 security for, or in payment of, debt, in whole or in part;
(c) A public officer or court official who
			 levies on vintage distilled spirits under order or process of any court or
			 magistrate to sell same in satisfaction of the order or process; or
(d) Any other person not engaged in the
			 business of selling alcoholic beverages who receives and sells vintage
			 distilled spirits packages on an occasional basis in an amount of twenty-four
			 (24) vintage distilled spirits packages or less in the preceding twelve (12)
			 months; and
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 6 - Alcoholic Beverage Control Board › Section 804 KAR 6:020 - Advisory opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.020,
				241.060
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations governing procedures relative to
				the matters over which the board has jurisdiction.
				KRS
				241.020(1) authorizes the
				department to issue advisory opinions and declaratory rulings related to KRS
				Chapters 241 to 244 and the administrative regulations promulgated under those
				chapters. This administrative regulation establishes the procedures and
				requirements for requesting advisory opinions and the process utilized by the
				department in responding to those requests.
Section
			 1. Definitions.
(1) "Advisory
			 Opinion" means a ruling by the Department that addresses questions or issues
			 properly submitted for consideration as required by Sections 2, 3, and 7 of
			 this administrative regulation.
(2)
			 "Department" is the Department of Alcoholic Beverage Control as defined by
			 KRS
			 241.010(21).
(3) "Person" is defined by
			 KRS
			 446.010(33).
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 7 - Retail Premises › Section 804 KAR 7:020 - Alcoholic beverage inventory during prohibited alcoholic beverage sales period

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.480,
				243.490,
				243.500,
				243.540,
				244.085
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				244.085(5)(b) authorizes
				minors on the premises of a retail drink licensee if all alcoholic beverage
				inventory is kept in a separate, locked department when minors are on the
				premises.
				KRS
				243.480,
				243.490,
				and
				243.500
				authorize the board to suspend or revoke licenses authorizing alcoholic
				beverage sales but make no specific provision for the handling or custody of
				the retail licensee's alcoholic beverage inventory during a suspension period
				or the period following license revocation when a licensee may transfer its
				inventory pursuant to
				KRS
				243.540(2). This
				administrative regulation defines "locked department" and provides that during
				periods alcohol sales are prohibited a retail licensee shall either keep all
				alcoholic beverage inventory in a separate, locked department or close the
				entire business.
Section 1. Definition.
			 "Locked department" means any area, including rooms, windows, displays, show
			 cases, and shelves, which contains alcoholic beverage inventory and which is
			 secured by a lock and key so that consumers do not have access to the
			 inventory. Locked departments may have sliding or hinged doors or nets and be
			 constructed of any material which prevents consumer access to alcoholic
			 beverage inventory.
Section 2.
			 Alcoholic Beverage Inventory During License Suspension. During the period a
			 retail licensee is prohibited from selling alcoholic beverages pursuant to a
			 license suspension, all alcoholic beverage inventory shall be kept in a
			 separate, locked department or the licensed place of business shall be
			 closed.
Section 3. Inventory
			 Following License Revocation. During the period in which a former retail
			 licensee is permitted to possess and transfer alcoholic beverage inventory
			 pursuant to
			 KRS
			 243.540(2), all alcoholic
			 beverage inventory shall be kept in a separate, locked department, or the place
			 of business shall be closed, until the alcoholic beverage inventory is actually
			 transferred.
STATUTORY AUTHORITY:
				  KRS
				  241.060,
				  243.480,
				  243.490,
				  243.500,
				  244.085
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 8 - Transportation of Alcoholic Beverages › Section 804 KAR 8:050 - Identification of vehicles used to transport alcoholic beverages

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.020
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction. Licensed manufacturers, wholesalers, distributors, and
				retailers may transport alcoholic beverages.
				KRS
				243.200 authorizes the board to promulgate
				reasonable administrative regulations requiring licensees to display the
				licensee's name and state licensee number on vehicles and requires licensees to
				agree to vehicle stops and inspections by authorized department investigators.
				This administrative regulation establishes identification requirements for
				vehicles used to transport alcoholic beverages and authorizes department
				investigators to stop and inspect vehicles used to transport alcoholic
				beverages.
Section 1. Vehicle
			 Identification.
(1) Except for a common
			 carrier that has been assigned a USDOT number issued by the Federal Motor
			 Carrier Safety Administration, licensed manufactures, wholesalers,
			 distributors, retailers, and transporters shall display the licensee's name and
			 license number on all vehicles used to transport alcoholic beverages.
(2) The display required by subsection (1) of
			 this section shall be:
(a) Painted, magnetic,
			 or adhesive decals or lettering in a color that contrasts with the color of the
			 vehicle; and
(b) Placed upon the
			 right and left windows or sides of the vehicle in letters that are at least one
			 (1) inch tall.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 10 - Local Administrators › Section 804 KAR 10:010 - Appointment notification of local administrator

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.110,
				241.120,
				241.160,
				241.170,
				241.220,
				241.230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060 authorizes the board to promulgate
				administrative regulations regarding matters over which the board has
				jurisdiction.
				KRS
				241.110 permits the county judge/executive or
				other appointed person to serve as a county alcoholic beverage control
				administrator for a moist or wet county.
				KRS
				241.160(1) requires wet or
				moist cities with a population equal to or greater than 3,000, or a
				consolidated local government, to create by ordinance the office of city
				alcoholic beverage control administrator.
				KRS
				241.160(2) and (3) permit a
				city with a population less than 3,000 to create by ordinance the office of
				city alcoholic beverage control administrator unless the city is located in a
				county containing a consolidated local government.
				KRS
				241.220 requires an urban-county government
				to create by ordinance the office of urban-county alcoholic beverage control
				administrator.
				KRS
				241.110,
				KRS
				241.170, and
				KRS
				241.230 require all local administrators to
				take the oath prescribed by Section 228 of the Kentucky Constitution. This
				administrative regulation requires a local government to provide written
				notification to the department when a local administrator is appointed and to
				provide proof that the oath was taken.
Section
			 1. Definition. "Local administrator" is defined by
			 KRS
			 241.010(36).
Section 2. Notification procedure. A local
			 administrator appointed under KRS Chapter 241 shall submit the following
			 documents to the department within thirty (30) days of appointment:
(1) A letter, resolution, or ordinance
			 evidencing the local administrator's appointment or the county
			 judge/executive's acceptance of the position; and
(2) Written certification that the oath
			 prescribed by Section 228 of the Kentucky Constitution has been administered to
			 the local administrator.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 10 - Local Administrators › Section 804 KAR 10:031 - Local government regulatory license fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.075
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				243.075(1)(a) authorizes a
				qualified city or county to establish by administrative regulation a fee upon
				the gross receipts from the sale of alcoholic beverages or each establishment
				licensed to sell alcoholic beverages.
				KRS
				243.075(5)(a) requires the
				department to promulgate administrative regulations to establish a process by
				which a qualified city or county, in the first year following the
				discontinuance of prohibition, may estimate any additional policing,
				regulatory, or administrative expenses incurred by that city or county that are
				directly and solely related to the sale of alcoholic beverages. This
				administrative regulation establishes what specific costs and expenses may be
				subject to reimbursement, and a form is incorporated by reference to calculate
				and document the expense.
Section 1.
			 Definition. "Qualified city or county" means a city on the registry maintained
			 by the Department for Local Government under
			 KRS
			 243.075(9)(b), a county
			 containing a city on the registry, or a city or county that had been previously
			 permitted to issue regulatory license fees.
Section 2. Allowable Costs and Expenses. The
			 costs and expenses subject to reimbursement through a regulatory license fee
			 shall directly and solely relate to the discontinuance of prohibition in the
			 qualified city or county, including reasonable costs and expenses of:
(1) Employment, salary, and benefits of the
			 city or county alcoholic beverage control administrator and staff who
			 administer alcoholic beverage control laws;
(2) Office supplies and equipment for the
			 city or county to administer an alcoholic beverage control office;
(3) Office space for an alcoholic beverage
			 control administrator and staff;
(4) Travel costs and expenses for the city or
			 county alcoholic beverage control administrator and staff;
(5) Additional policing expenses that are
			 directly related to the discontinuance of prohibition, which shall include only
			 those costs and expenses incurred solely as a result of the discontinuance of
			 prohibition that are over and above any policing expenses previously incurred;
			 and
(6) Miscellaneous costs and
			 expenses solely and directly related to the discontinuance of prohibition, if
			 the following information is included on the Calculation Form for Alcohol
			 Regulatory Fee in First Year Following Repeal of Prohibition:
(a) A description of the
			 expenditure;
(b) A detailed
			 explanation of the necessity of the expenditure as it related to the
			 discontinuance of prohibition; and
(c) The cost of the expenditure.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 10 - Local Administrators › Section 804 KAR 10:040 - Cites with quotas for quota retail package licenses in excess of statutory default quotas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.067,
				241.069,
				242.021
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				241.067(1) requires the
				department to promulgate a regulation containing a list of specific city quotas
				for quota retail package licenses in excess of the statutory general population
				ratio based quotas.
				KRS
				241.069 and
				242.021
				establish procedures whereby wet cities located in dry counties may request and
				receive from the board a higher specific quota number than the general
				population ratio based quotas. This administrative regulation lists the
				specific number of excess quota retail package licenses available in wet cities
				located in dry counties.
Section 1.
			 Listing of Specific City Quotas. The following wet cities shall have the
			 following specific quotas for quota retail package licenses:
(1) Pikeville shall have a quota of thirteen
			 (13) quota retail package licenses.
(2) Central City shall have a quota of four
			 (4) quota retail package licenses.
(3) Lancaster shall have a quota of three (3)
			 quota retail package licenses.
(4)
			 Paintsville shall have a quota of three (3) quota retail package
			 licenses.
(5) Somerset shall have a
			 quota of ten (10) quota retail package licenses.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 11 - Malt Beverage Equipment, Supplies and Service › Section 804 KAR 11:010 - Equipment and supplies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				244.500,
				244.590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				244.590(1)(c) authorizes the
				malt beverage administrator to prescribe by administrative regulation the types
				of equipment or other things of value a brewer or distributor may furnish to a
				malt beverage retailer. This administrative regulation establishes the items
				that a brewer or distributor may furnish to a retail licensee and other
				licensees.
Section 1. General
			 Prohibition. A brewer or distributor shall not furnish equipment to a retail
			 malt beverage licensee except as authorized by this administrative
			 regulation.
Section 2. Draft
			 Equipment.
(1) A brewer or distributor may
			 furnish to a retail licensee that sells draft malt beverages:
(a) Tapping accessories;
(b) Rods;
(c) Vents:
(d) Taps;
(e) Hoses;
(f) Washers;
(g) Couplings;
(h) Vent tongues;
(i) Check valves; and
(j) Tap knobs.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 11 - Malt Beverage Equipment, Supplies and Service › Section 804 KAR 11:040 - Growlers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.060
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060 authorizes the Alcoholic Beverage
				Control Board to regulate the sale of alcoholic beverages. This administrative
				regulation allows a licensee that holds a retail malt beverage license to sell
				growlers.
Section 1. Definition.
			 "Growler" means a refillable, resealable vessel no larger than two (2) liters
			 with a flip-top or screw-on lid into which a malt beverage is prefilled,
			 filled, or refilled for off-premises consumption. "Growler" shall not mean a
			 vessel of similar size or capacity that is primarily used for the storage of
			 other non-alcoholic liquids.
Section
			 2. The holder of a license permitting malt beverage package sales
			 for off-premise consumption may sell filled growlers at retail for off-premise
			 consumption if:
(1) The growler is cleaned
			 and sanitized by the licensee or its employee prior to being filled as
			 prescribed in Section 3 of this administrative regulation;
(2) The growler is filled and securely
			 resealed by the licensee or an employee at least twenty (20) years old before
			 being removed from the premises;
(3) The growler has a label affixed to it,
			 legibly stating:
(a) The brand name of the
			 product;
(b) The name and address
			 of the brewer or bottler;
(c) The
			 class of product (beer, ale, porter, lager, bock, stout, or other brewed or
			 fermented beverage);
(d) The name
			 and address of the licensee that filled or refilled the growler;
(e) The following statement, "This product
			 may be unfiltered and unpasteurized. Keep refrigerated at all times.";
			 and
(f) The alcoholic beverage
			 health warning statement as required by the Federal Alcohol Administration Act,
			 27
			 C.F.R. 16.20 through
			 16.22;
			 and
(4) The label is
			 affixed to the vessel by:
(a) Neck
			 hanger;
(b) Adhesive;
(c) String; or
(d) Other means.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 11 - Malt Beverage Equipment, Supplies and Service › Section 804 KAR 11:041 - Growlers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.060, 27 C.F.R. 16.20-16.22
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				Alcoholic Beverage Control Board to regulate the sale of alcoholic beverages.
				This administrative regulation allows a licensee that holds a retail malt
				beverage license to sell growlers.
Section
			 1. Definition. "Growler" means a refillable, resealable vessel no
			 larger than two (2) liters with a flip-top or screw-on lid into which a malt
			 beverage is prefilled, filled, or refilled for off-premises consumption.
			 "Growler" shall not mean a vessel of similar size or capacity that is primarily
			 used for the storage of other non-alcoholic liquids.
Section 2. The holder of a license permitting
			 malt beverage package sales for off-premises consumption may sell filled
			 growlers at retail for off-premises consumption if:
(1) The growler is cleaned and sanitized by
			 the licensee or its employee prior to being filled as prescribed in Section 3
			 of this administrative regulation;
(2) The growler is filled and securely
			 resealed by the licensee or an employee at least eighteen (18) years old before
			 being removed from the premises;
(3) The growler has a label affixed to it,
			 legibly stating:
(a) The brand name of the
			 product;
(b) The name and address
			 of the brewer or bottler;
(c) The
			 class of product (beer, ale, porter, lager, bock, stout, or other brewed or
			 fermented beverage);
(d) The name
			 and address of the licensee that filled or refilled the growler;
(e) The following statement, "This product
			 may be unfiltered and unpasteurized. Keep refrigerated at all times.";
			 and
(f) The alcoholic beverage
			 health warning statement as required by the Federal Alcohol Administration Act,
			 27
			 C.F.R. 16.20 through
			 16.22;
			 and
(4) The label is
			 affixed to the vessel by:
(a) Neck
			 hanger;
(b) Adhesive;
(c) String; or
(d) Other means.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 13 - Tobacco Enforcement › Section 804 KAR 13:010 - Tobacco enforcement and administration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 438.310, 1996 GA SB 137, EO
				1996-619
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 438.300 to
				438.350
				requires a seller of tobacco products to obtain proof of the age of a
				prospective buyer recipient of tobacco products if he has reason to believe the
				prospective buyer or recipient is under eighteen (18) years old; requires the
				establishment of the types of documentation accepted as proof of age,
				notification of the employees of a seller of tobacco products of the
				requirements of SB 137, administrative proceedings in the enforcement of SB
				137, and the collection of statistics relating to the illegal sale to minors of
				tobacco products and enforcement of SB 137.
Section
			 1. Definition. "Department" means the Department of Alcoholic
			 Beverage Control.
Section 2.
			 Administration. The department shall be the administrative agency for hearing
			 violations of
			 KRS
			 438.305 to
			 438.340.
Section 3. Enforcement.
(1) The department shall record and
			 investigate complaints relating to violations of
			 KRS
			 438.305 to
			 438.340.
(2) The department shall prepare an annual
			 survey from data obtained from the annual inspection directed by
			 KRS
			 438.330(1). The survey shall
			 be prepared to determine the existing level of tobacco sales to minors. A copy
			 of the report shall be submitted to the Office of Agriculture.
(3) The result of the annual survey may be
			 inspected, copied or obtained at the office of the Department of Agriculture,
			 Capital Plaza Tower, 7th Floor, 500 Mero Street, Frankfort, Kentucky 40601, 8
			 a.m. to 4:30 p.m., Monday through Friday, excepting state holidays.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 14 - Malt Beverages and Wine › Section 804 KAR 14:010 - Malt beverage and wine for personal use

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.060,
				26 U.S.C.
				5042,
				5053,
				27 C.F.R.
				24.75
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				Alcoholic Beverage Control Board to regulate the use and manufacture of
				alcoholic beverages. This administrative regulation allows individuals to
				produce malt beverages and wine for personal use.
Section 1.
(1) A person twenty-one (21) years of age or
			 older may produce malt beverages for personal or family use.
(2) Malt beverage produced for personal use
			 shall not be sold.
(3) Malt
			 beverage produced for personal use shall not be given to any public facility to
			 give or sell to patrons.
(4) The
			 aggregate amount of malt beverage produced for personal use shall not exceed:
(a) 100 gallons per calendar year if there is
			 only one (1) adult who is legally allowed to consume alcoholic beverages in the
			 household; or
(b) 200 gallons per
			 calendar year if there are two (2) or more adults who are legally permitted to
			 consume alcoholic beverages in the household.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 14 - Malt Beverages and Wine › Section 804 KAR 14:011 - Brewing and winemaking for personal use

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.060,
				26 U.S.C. §§
									5042,
				5053,
				27 C.F.R. §
									24.75
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				Alcoholic Beverage Control Board to regulate the use and manufacture of
				alcoholic beverages. This administrative regulation allows individuals to
				produce malt beverages and wine for personal use.
Section 1.
(1) A person twenty-one (21) years of age or
			 older may produce malt beverages for personal or family use.
(2) Malt beverages produced for personal use
			 shall not be sold.
(3) Malt
			 beverages produced for personal use shall not be given to any public facility
			 to give or sell to patrons.
(4) The
			 aggregate amount of malt beverages produced for personal use shall not exceed:
(a) 100 gallons per calendar year if there is
			 only one (1) adult who is legally allowed to consume alcoholic beverages in the
			 household; or
(b) 200 gallons per
			 calendar year if there are two (2) or more adults who are legally permitted to
			 consume alcoholic beverages in the household.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:020 - Protection of fresh water zones

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 349.045, 349.110, 353.520
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the
				Department for Natural Resources to administer and enforce the provisions of
				KRS 353.500 to 353.720. KRS 349.115 authorizes the Department for Natural
				Resources to promulgate administrative regulations to implement the provisions
				of KRS Chapter 349 governing coal bed methane wells. This administrative
				regulation establishes the requirements to protect fresh water zones from
				contamination associated with the production of oil and gas.
Section 1. Protection of Fresh Water Zones
			 for Drilling and Plugging Operations.
(1)
			 During drilling operations, one (1) of the methods established in paragraphs
			 (a) through (c) of this subsection shall be used to protect fresh water zones.
(a) Method A. Casing shall be set on a casing
			 shoulder and the casing shall have a shoe installed on the bottom of the bottom
			 joint. Upon the completion of the drilling program, all the recoverable casing
			 shall be removed or cemented to the surface.
(b) Method B. Casing shall be set on a
			 shoulder and cemented sufficiently to cover at least 100 feet including the
			 shoe. Upon completion of the drilling, all of the recoverable casing shall be
			 removed or cemented to the surface.
(c) Method C. Method C shall be a top to
			 bottom drilling mud system with a filtrate water loss of less than ten (10)
			 cubic centimeters, as established in Recommended Practice for Field Testing
			 Water-based Drilling Fluids API RP 13B-1 Fourth Edition, March, 2009.
			 Certification of filtrate water loss shall be made by the operator.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:030 - Well location and as-drilled location plat, preparation, form and contents

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 349.015, 349.115, 353.550, 353.590,
				353.737
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.590(6) authorizes
				the department to promulgate administrative regulations concerning the
				preparation and filing of reports and plats. KRS 349.015 requires a plat to be
				filed with the department before a permit can be issued for a coal bed methane
				well. This administrative regulation establishes requirements for uniformity
				and clarity in well locations and identity.
Section
			 1. Applicability. This administrative regulation shall apply only
			 to the oil- and gas-producing industry and shall not apply to transmission and
			 distribution systems or to product storage facilities.
Section 2. General Information.
(1) Location plats for wells proposed to be
			 drilled pursuant to the provisions of KRS Chapter 353 or KRS Chapter 349 and
			 the as-drilled location plat to be submitted after a well is drilled shall be
			 prepared and certified in accordance with KRS 353.590(6).
(2) If the location of the well is known to
			 be underlain by coal bearing stratum, the location plat for the well proposed
			 to be drilled shall be:
(a) Prepared in
			 accordance with KRS 353.737; and
(b) Certified by an engineer, as defined by
			 KRS 322.010(2), registered in Kentucky.
(3) If any plat submitted by an applicant is
			 determined to be materially inaccurate or incomplete, the department shall
			 require that a new plat be prepared and submitted.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:040 - Vacuums; use of

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 353.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.560 requires the
				Department for Natural Resources to regulate the use of vacuums. This
				administrative regulation is to require identification of vacuum uses to
				protect correlative rights.
Section 1.
			 The unauthorized use of vacuum pumps or other devices for the purpose of
			 putting a vacuum on any oil-bearing stratum is prohibited; however, the
			 department shall, upon application and for good cause shown, permit the use of
			 vacuum pumps subject to such restrictions or limitations as the department may
			 prescribe.
Section 2. On or before
			 the date of filing written application for the use of vacuum on any property,
			 the applicant shall notify, by registered mail, all operators of producing oil
			 wells on premises within 1,000 feet of the well or wells where the use of
			 vacuum is proposed, and shall set out in the notice the proposed strata or
			 formation to which a vacuum is to be applied and the location of the well or
			 wells on which vacuum pumps are to be installed. The applicant shall submit
			 proof of such notice with the application, giving the names and addresses of
			 all operators of oil interests.
Section
			 3. Upon receipt of the application and proof of notice the
			 department shall hold the same for ten (10) days pending the filing of
			 objections, and if none is received at the end of such period, the application
			 may be approved by the department. In event objection is made and the
			 department deems a hearing shall be had, notice shall be given to each objector
			 and the applicant of the time and place designated by the department for such
			 hearing.
Section 4. The department
			 shall have authority after notice and hearing as specified in Section 3 of this
			 administrative regulation to prohibit vacuum or to deny or revoke permission
			 for the use of vacuum when, in its judgment, there is danger of underground
			 waste or infringement on correlative rights. The department shall have
			 authority to grant permission when it finds a further recovery of oil can be
			 obtained by use of vacuum without danger of underground waste and without
			 substantial injury to correlative rights.
STATUTORY AUTHORITY: KRS 13A.100,
				  353.560
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:050 - Bonds; requirements, cancellation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 349.120, 353.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.590 and 349.120
				requires operators filing a permit application to provide proof of bonding and
				provides for methods of giving notice to operators and sureties of
				noncompliance. This administrative regulation establishes requirements for
				release, cancellation, and forfeiture of bonds.
Section 1. Bonds Required. As part of the
			 permit or transfer application, the applicant shall post a bond in an amount
			 required by KRS 353.590(7) for oil or gas production wells or KRS 349.120 for
			 coalbed methane wells.
Section 2.
			 Surety Bonds.
(1) An operator that chooses to
			 post a surety bond to meet the requirements of Section 1 of this administrative
			 regulation shall file with the division an Individual Surety Bond, OG-5 or a
			 Blanket Surety Bond, OG-6.
(2)
			 Cancellation of a Surety Bond. A blanket surety bond filed pursuant to KRS 353.590(12) for production wells or KRS 349.120(1) for coalbed methane wells
			 may be cancelled by the surety.
(a)
			 Cancelation shall be by a communication in writing to the division.
(b) Cancellation shall be effective only to
			 relieve the surety from liability under the bond for wells with permits that
			 have not been issued at the time of the receipt of the notice by the
			 division.
(c) Liability under the
			 bond for wells with permits that have been issued prior to the receipt by the
			 division of the notice shall not be affected by the cancellation.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:060 - Plugging wells

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.892, 211.893, 353.120, 353.170, 353.180(1),
				353.550, 353.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.560(1) requires
				the department to promulgate administrative regulations to regulate the
				plugging of all wells. This administrative regulation establishes the minimum
				acceptable requirements to plug or temporarily abandon wells.
Section 1. Temporary Abandonment Permit.
(1) An owner or operator shall not leave a
			 well drilled for oil, gas, salt water disposal, or any other purpose in
			 connection with the production of oil and gas unplugged after the well is no
			 longer used for the purpose it was drilled or converted.
(2) An owner or operator who wants to
			 temporarily abandon a well shall apply for a permit from the division on the
			 Temporary Abandonment Permit form OG-12.
(3)
(a)
1. Nothing in this section shall prevent the
			 division, upon application and for good cause shown, from issuing a temporary
			 abandonment permit for a period not to exceed two (2) years.
2. Nothing in this section shall alter the
			 provisions of KRS 353.170 relative to utilizing a well for the purpose of
			 introducing air, gas, water, or other liquid pressure into or upon the
			 producing strata for the purpose of recovering oil and gas.
3.
a. The
			 temporary abandonment permit may be renewed on or before the expiration of the
			 two (2) year period.
b. To renew,
			 the permittee shall reapply on the Temporary Abandonment Permit form
			 OG-12.
(b) All
			 wells on which a temporary abandonment permit has been issued shall be cased
			 and capped prior to temporary abandonment in a manner to protect all potential
			 oil, gas, and fresh water zones.
(4) Each oil and gas well drilled through
			 coal bearing strata shall be cased and vented to prevent the accumulation of
			 gas in the casing annulus or bore hole.
(5) Pursuant to KRS 353.739, the division
			 shall order a well drilled through a workable coal bed to be plugged and
			 abandoned if:
(a) The well's permit conditions
			 cannot be satisfied by remediation; or
(b) The operator is not able to comply with
			 the ordered remediation.
(6) If a well is ordered plugged and
			 abandoned pursuant to KRS 353.739, then a temporary abandonment permit shall
			 not be granted.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:080 - Gas storage reservoirs; drilling, plugging in vicinity

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 349.035, 353.500, 353.520, 353.540, 353.550,
				353.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 349.115 and 353.540
				authorize the Department for Natural Resources to promulgate administrative
				regulations to implement the Commonwealth's oil, gas, and coalbed methane
				programs. This administrative regulation establishes requirements for the
				protection of the integrity of gas storage reservoirs by requiring certain
				techniques of drilling, casing, operating, and plugging be applied while
				operating in the vicinity of gas storage reservoirs.
Section 1. Purpose. This administrative
			 regulation is designed for the protection of gas storage reservoirs, which are
			 natural resources of the state, and a person, firm, or corporation shall not
			 cause physical damage to, or create a hazardous condition threatening the
			 existence of, a reservoir in any manner as to make any reservoir less
			 susceptible for use for gas storage.
(1) Any
			 well penetrating, drilled to a geologic stratum overlying, or drilled in the
			 vicinity of an underground gas storage reservoir shall be maintained at all
			 times in a manner that shall both:
(a) Exclude
			 the encroachment of oil, gas, or water into a reservoir; and
(b) Protect the reservoir from a blowout or
			 waste of gas during the drilling of and after completion or plugging of the
			 well.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:100 - Commission's rules of procedure, spacing of deep well drilling, wildcat wells and pooling of interests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.874, 353.180, 353.510, 353.561 - 353.564,
				353.590, 353.5901, 353.592, 353.651, 353.652, 353.6601 - 353.6606, 353.730,
				353.737, Chapter 424
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.565 authorizes the
				Kentucky Oil and Gas Conservation Commission to promulgate administrative
				regulations necessary to prevent waste, protect correlative rights, govern the
				practice and procedure of the commission, and administer the provisions of KRS 353.651 and 353.652. KRS 353.565(5) and (7)(a) require the Kentucky Oil and Gas
				Conservation Commission to administer and enforce the provisions of KRS 353.651
				and 353.652 by regulating the spacing of deep well drilling, drilling units,
				and pooling of interests. This administrative regulation establishes
				requirements related to drilling deep vertical and deep horizontal wells for
				the purpose of oil or gas extraction.
Section
			 1. Definitions.
(1) "Commission"
			 is defined by KRS 353.510(4).
(2)
			 "Correlative rights" is defined by KRS 353.510(6).
(3) "Deep well" is defined by KRS 353.510(16).
(4) "Director" is
			 defined by KRS 353.510(3).
(5)
			 "Drilling unit" is defined by KRS 353.510(19).
(6) "Field" is defined by KRS 353.510(10).
(7) "Gas" is defined
			 by KRS 353.510(8).
(8) "Horizontal
			 well" is defined by KRS 353.510(25).
(9) "Oil" is defined by KRS 353.510(7).
(10) "Operator" is
			 defined by KRS 353.510(17).
(11)
			 "Overriding royalty interest owner" means a person other than a royalty owner,
			 with a right to a percentage share of production or the value derived from
			 production that is:
(a) Free of all costs of
			 drilling and production; and
(b)
			 Created by the lessee or working interest owner and paid by the lessee or
			 working interest owner.
(12) "Person" is defined by KRS 353.510(5).
(13) "Pool" is defined
			 by KRS 353.510(9).
(14) "Prevailing
			 royalty" is defined by KRS 353.510(27).
(15) "Royalty owner" is defined by KRS 353.510(18).
(16) "Vertical well"
			 is defined by KRS 353.510(26).
(17)
			 "Well" is defined by KRS 353.510(14).
(18) "Wildcat well" means any deep vertical
			 or horizontal well that is drilled:
(a) With
			 the intent of discovering or producing hydrocarbons from a formation or
			 formations not previously productive of oil or gas well within 10,000 feet of
			 its location; or
(b) Under proven
			 geological conditions that, even though located within 10,000 feet from the
			 nearest deep well previously productive of oil or gas, will not, if completed
			 successfully, produce from a previously productive pool.
(19) "Working interest owner" means an
			 operator with the obligation to bear all or a proportionate share of the costs
			 and expenses of unit operation.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:120 - Operating or deepening existing wells and drilling deeper than the permitted depth

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 353.520
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550 and 349.015
				requires the Department for Natural Resources to regulate the drilling and
				operation of all wells, while KRS 353.590 and 349.015 require the department to
				regulate the drilling of a well past the permitted depth. This administrative
				regulation establishes the requirements to operate a well and drill a well
				deeper than the permitted depth.
Section
			 1. New Permit Required. The applicant shall obtain a permit, in
			 accordance with  805 KAR 1:010, to operate any well previously in violation of
			 KRS Chapter 349 or 353, 805 KAR Chapter 1 or 9, and whose bond the division has
			 forfeited for noncompliance. Before a new permit is granted the applicant shall
			 comply with:
(1) 805 KAR Chapter 1 for all
			 wells; and
(2) KRS Chapter 353 for
			 oil and gas wells; or
(3) KRS
			 Chapter 349 for coalbed methane wells.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:130 - Deep well administrative regulation relating to casing, cementing, plugging, gas detection and blow-out prevention in oil and gas wells

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 353.180, 353.510, 353.520, 353.561 - 353.564,
				353.590, 353.5901, 353.592, 353.651, 353.652, 353.6601 - 353.6606, 353.730,
				353.737, 353.991
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550 requires the
				Department for Natural Resources to regulate the drilling and casing of oil or
				gas wells. This administrative regulation establishes the requirements for the
				drilling and casing of wells for the purpose of oil or gas extraction.
Section 1. Definitions.
(1)"Annulus" means the space between two (2)
			 strings of casing or between a string of casing and the bore hole
			 wall.
(2) "Blow-out preventer" or
			 "BOP" means a device installed on the surface casing, which is the first and
			 largest diameter casing installed in a well with the primary use to make the
			 bore hole stand up and to protect a fresh water zone layer of strata capable of
			 producing or receiving fluids, or installed on the intermediate casing, which
			 is one (1) or more strings of pipes installed in a well in addition to the
			 surface casing in which each string is smaller in diameter than the previous.
			 The device is used to prevent the escape of pressure either in the annulus
			 between casing and drill pipe or in the open hole without drill pipe and that
			 is used during drilling operations.
(3) "Casing" or "casing string" means steel
			 tubes or pipes installed in a well.
(4) "Cement" means hydraulic cement mixed
			 with water or with additives and that is used to fill the annulus of casing
			 string or to plug the well.
(5)
			 "Deep well" is defined by KRS 353.510(16).
(6) "KYEM" means the state Kentucky Emergency
			 Management office under authority of the Department of Military Affairs in
			 Frankfort, Kentucky, with regional offices throughout the
			 Commonwealth.
(7) "Long casing
			 string" means the last casing installed in a well to be used for production or
			 injection purposes.
(8) "Shallow
			 well" is defined by KRS 353.510(15).