KY HB415 | 2020 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 6-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - became law without Governor's Signature (Acts Ch. 80)
Text: Latest bill text (Engrossed) [PDF]

Summary

Create new sections of KRS Chapter 243, relating to alcoholic beverage licensing, to require out-of-state licensees that are not licensed in Kentucky to hold the newly created shipping permit before transporting alcoholic beverages from another state to a consumer in Kentucky; limit these shipments to only those conducted through a licensed common carrier; establish rules and requirements to hold a shipping permit; instruct the Department of Alcoholic Beverage Control (ABC) to promulgate administrative regulations to reduce unlicensed deliveries and shipments; require shipping permit holders to submit a monthly report to the ABC department and the Department of Revenue that gives shipping totals and the names and addresses of each consumer and common carrier; impose an administrative and enforcement fee payable to the Department of Revenue for out-of-state shipment to a Kentucky consumer; make the fee 15 percent of the gross receipts derived from the shipment sales; deposit the fees in the general fund; amend KRS 241.010 to define "deliver" as transporting within the state of Kentucky and "ship" as transporting from one state to another; define "consumer" as a person of lawful drinking age and territory who does not hold an alcohol license and who purchases alcoholic beverages for personal consumption only; redefine "retail sale" to include in-person, electronic, online, or telephone transactions through shipment or delivery; authorize delivery or shipment to territories where the beverages may be lawfully sold or received; amend KRS 243.020 to allow an independent contractor of a licensee to conduct activities authorized under that license; amend KRS 243.030, 243.040, and 243.212 to merge all out-of-state supplier's licenses into one license; set the fees for an out-of-state supplier's license and a shipping permit; amend 243.0305, 243.120, 243.130, 243.150, 243.155, 243.157, 243.160, 243.170, 243.180, 243.240, 243.280, and 244.165 to permit delivery and shipment sales to a consumer; allow a microbrewery to deliver and ship under its microbrewery license rather than its package retail license; amend KRS 243.100 to strike licensee citizenship requirements; forbid a wholesaler from refusing to sell and offer reasonable service to another licensee during its normal business hours; amend KRS 243.200 to include malt beverages in a retailer's ability to transport alcoholic beverages from a wholesaler or distributor to the retailer's premises; allow a retailer to purchase alcoholic beverages from a wholesaler, distributor, or those licensees authorized to sell them; amend KRS 243.353 and 243.355 to prohibit sales to consumers under an alcoholic beverage storage license; amend KRS 243.500 to allow license suspension or revocation for failure to pay the enforcement and administrative fee on shipped alcoholic beverages; amend KRS 243.990 to make it a violation to disobey the shipping permit requirements; remove liability of a licensed common carrier or any of its employees on behalf of a consignor for delivering or shipping into areas where alcoholic beverages are not lawfully sold or received; remove the felony offense for out-of-state entities that ship alcoholic beverages into Kentucky; amend various sections of KRS Chapters 242 to 244 to conform; repeal KRS 243.215; APPROPRIATION.

Tracking Information

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Title

AN ACT relating to alcoholic beverages and making an appropriation therefor.

Sponsors


Roll Calls

2020-03-26 - Senate - Senate: Third Reading RSN# 1412 (Y: 21 N: 11 NV: 0 Abs: 6) [PASS]
2020-03-18 - House - House: Third Reading RCS# 250 (Y: 52 N: 33 NV: 0 Abs: 15) [PASS]
2020-03-18 - House - House: Adopt HFA 6 RCS# 249 (Y: 32 N: 48 NV: 0 Abs: 20) [FAIL]

History

DateChamberAction
2020-04-08Housebecame law without Governor's Signature (Acts Ch. 80)
2020-03-26Housedelivered to Governor
2020-03-26Houseenrolled, signed by President of the Senate
2020-03-26Houseenrolled, signed by Speaker of the House
2020-03-26Housereceived in House
2020-03-26Senate3rd reading, passed 21-11
2020-03-26Senateposted for passage in the Regular Orders of the Day for Thursday, March 26, 2020
2020-03-26Senatereported favorably, to Rules
2020-03-19Senatefloor amendment (1) withdrawn
2020-03-19Senatefloor amendment (1) filed
2020-03-19Senatereturned to Licensing, Occupations, & Administrative Regulations (S)
2020-03-19Senate2nd reading
2020-03-19Senatetaken from Licensing, Occupations, & Administrative Regulations (S)
2020-03-18Senateto Licensing, Occupations, & Administrative Regulations (S)
2020-03-18Senatereturned to Committee on Committees (S)
2020-03-18Senate1st reading
2020-03-18Senatetaken from Committee on Committees (S)
2020-03-18Senateto Committee on Committees (S)
2020-03-18Senatereceived in Senate
2020-03-18Housepassed 52-33 with Committee Substitute (1) and floor amendments (2) (7) and (8)
2020-03-18Housefloor amendment (6) defeated
2020-03-18House3rd reading
2020-03-17Housefloor amendments (3), (4), (6), (7) and (8) filed to Committee Substitute, floor amendment (5) filed to bill
2020-03-17Houseposted for passage in the Regular Orders of the Day for Wednesday, March 18, 2020
2020-03-12Housefloor amendments (1) and (2) filed to Committee Substitute
2020-03-12House2nd reading, to Rules
2020-03-11Housereported favorably, 1st reading, to Calendar with Committee Substitute (1)
2020-02-14Houseposted in committee
2020-02-13Houseto Licensing, Occupations, & Admin Regs (H)
2020-02-11Houseintroduced in House

Subjects


Kentucky State Sources


Bill Comments

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