The board shall have the following functions, powers, and duties:
(1) To promulgate reasonable administrative regulations governing procedures relative
to the applications for and revocations of licenses, the supervision and control of the
use, manufacture, sale, transportation, storage, advertising, and trafficking of
alcoholic beverages, the retail licensing and distribution of cannabis-infused
beverages, and all other matters over which the board has jurisdiction. The only
administrative regulation that shall be promulgated in relation to the direct shipper
license is to establish the license application, as set forth in KRS 243.027(4). To the
extent any administrative regulation previously promulgated is contrary to the
provisions of KRS 13A.120(2), the board shall repeal or amend the administrative
regulation as necessary by January 1, 2022. Administrative regulations need not be
uniform in their application but may vary in accordance with reasonable
classifications;
(2) To limit the number of licenses of each kind or class to be issued in this state or any
political subdivision, and restrict the locations of licensed premises. To this end, the
board may make reasonable division and subdivision of the state or any political
subdivision into districts. Administrative regulations relating to the approval,
denial, and revocation of licenses may be different within the several divisions or
subdivisions;
(3) To hold hearings in accordance with the provisions of KRS Chapter 13B. The
department may pay witnesses the per diem and mileage provided in KRS 421.015;
(4) To conduct hearings and appeals under KRS 241.150, 241.200, 241.260, 243.470,
243.520, 438.308, 438.309, 438.312, 438.316, and 438.340 and render final orders
upon the subjects of the hearings and appeals;
(5) (a) To order the destruction of evidence, other than contraband alcoholic
beverages suitable for public auction under paragraph (b) of this subsection, in
the department's possession after all administrative and judicial proceedings
are conducted.
(b) To dispose of contraband alcoholic beverages through public auction if:
1. A final order relating to those contraband alcoholic beverages has been
entered after all administrative and judicial proceedings are conducted,
if applicable;
2. The entire proceeds of the public auction are donated to the alcohol
wellness and responsibility education fund established in KRS 211.285;
and
3. The board deems the inventory safe to release to the public, including
but not limited to the alcoholic beverages being in their original,
unopened packaging;
(6) To suspend, revoke, or cancel for cause, after a hearing in accordance with KRS
Chapter 13B, any license; and
(7) To prohibit the issuance of a license for the premises until the expiration of two (2)
years from the time the offense was committed if a violation of KRS Chapters 241
to 244 has taken place on the premises which the owner knew of or should have
known of, or was committed or permitted in or on the premises owned by the
licensee.
Effective: March 25, 2025
History: Amended 2025 Ky. Acts ch. 82, sec. 3, effective March 25, 2025. -- Amended
2024 Ky. Acts ch. 46, sec. 2, effective April 4, 2024; and ch. 111, sec. 11, effective
January 1, 2025. -- Amended 2021 Ky. Acts ch. 13, sec. 3, effective March 12, 2021.
-- Amended 2017 Ky. Acts ch. 62, sec. 5, effective June 29, 2017. -- Amended 2010
Ky. Acts ch. 24, sec. 553, effective July 15, 2010. -- Amended 1998 Ky. Acts ch.
121, sec. 33, effective July 15, 1998; and ch. 522, sec. 2, effective July 15, 1998. --
Amended 1996 Ky. Acts ch. 318, sec. 159, effective July 15, 1996. -- Amended 1980
Ky. Acts ch. 188, sec. 225, effective July 15, 1980. -- Amended 1978 Ky. Acts ch.
194, sec. 7, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 255, sec. 212. --
Amended 1954 Ky. Acts ch. 110, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2554b-103, 2554e-10.
Notes of Decisions
Andrew Cooperrider v. Maggie Woods, 127 F.4th 1019 (6th Cir. 2025).
“” Ky. Rev. Stat. Ann. § 241.060 (6). Chapter 13B, in turn, does not mention precedent as a relevant rule of decision.”
Whitehead v. Est. of Ray Bravard, 719 S.W.2d 720 (Ky. 1986).
· cites it 4× “of the Board are set out in KRS 241.060. Among them is the sole authority to set the number of licenses: “(2) To limit in its sound discretion the number of licenses of each kind or class to be issued in this state or any political subdivision, and restrict the locations of…”
Kentucky Alcoholic Beverage Control Bd. v. Klein, 192 S.W.2d 735 (Ky. Ct. App. 1946).
· cites it 4× “The appellees contend that subsection 2 of section 241.060 of the Kentucky Revised Statutes is unconstitutional because it delegates legislative powers to an administrative body, and that the regulations under which the Alcoholic Beverage Control Board refused to approve…”
Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004).
· cites it 2× “KRS 241.060(1) *650 states that the state board shall have the functions, powers, and duties: To promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, the supervision and control of the use,…”
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
· cites it 4× “Nearly fifty years after the Alcohol Beverage Control Law’s enactment, the Alcohol Beverage Control Board, pursuant to its powers under Ky.Rev.Stat. § 241.060(1), promulgated a regulation to address confusion caused by an absence of definitions for “staple groceries” and for…”
Kentucky Alcoholic Beverage Control Bd. v. Anheuser-Busch, Inc., 574 S.W.2d 344 (Ky. Ct. App. 1978).
· cites it 4× “The statute relied upon is KRS 241.060 and the pertinent parts are as follows: *345 The board shall have the following functions, powers and duties: (1) To adopt reasonable regulations governing the procedure relative to applications for and revocations of licenses and relative…”
Roppel v. Shearer, 321 S.W.2d 36 (Ky. Ct. App. 1959).
· cites it 2× “This action contests the validity of the Board’s regulations :2:90 and :8:60 promulgated under KRS 241.060. The pertinent part of this statute reads: “The board shall have the following functions, powers and duties: “(1) To adopt reasonable regulations governing the procedure…”
Alcoholic Beverage Control Bd. v. Woosley, 367 S.W.2d 127 (Ky. Ct. App. 1963).
“-060) The authority of the Board to fix quotas under KRS 241.060(2) in its sound discretion, even though no conditions or considerations to be taken into account in performing this task have been prescribed, has been upheld in the Klein case, just above cited.”
Bickett v. Palmer-Ball, 470 S.W.2d 341 (Ky. Ct. App. 1971).
“KRS 241.060(2). Regulations of County Administrators are not effective until approved by the Board.”
— Ky. Rev. Stat. § 241.060(1) — 5 cases
Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004).
“KRS 241.060(1) *650 states that the state board shall have the functions, powers, and duties: To promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, the supervision and control of the use,…”
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
“Nearly fifty years after the Alcohol Beverage Control Law’s enactment, the Alcohol Beverage Control Board, pursuant to its powers under Ky.Rev.Stat. § 241.060(1), promulgated a regulation to address confusion caused by an absence of definitions for “staple groceries” and for…”
Kentucky Alcoholic Beverage Control Bd. v. Anheuser-Busch, Inc., 574 S.W.2d 344 (Ky. Ct. App. 1978).
“The statute relied upon is KRS 241.060 and the pertinent parts are as follows: *345 The board shall have the following functions, powers and duties: (1) To adopt reasonable regulations governing the procedure relative to applications for and revocations of licenses and relative…”
— Ky. Rev. Stat. § 241.060(2) — 8 cases
Whitehead v. Est. of Ray Bravard, 719 S.W.2d 720 (Ky. 1986).
“of the Board are set out in KRS 241.060. Among them is the sole authority to set the number of licenses: “(2) To limit in its sound discretion the number of licenses of each kind or class to be issued in this state or any political subdivision, and restrict the locations of…”
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
“Nearly fifty years after the Alcohol Beverage Control Law’s enactment, the Alcohol Beverage Control Board, pursuant to its powers under Ky.Rev.Stat. § 241.060(1), promulgated a regulation to address confusion caused by an absence of definitions for “staple groceries” and for…”
Alcoholic Beverage Control Bd. v. Woosley, 367 S.W.2d 127 (Ky. Ct. App. 1963).
“-060) The authority of the Board to fix quotas under KRS 241.060(2) in its sound discretion, even though no conditions or considerations to be taken into account in performing this task have been prescribed, has been upheld in the Klein case, just above cited.”
Bickett v. Palmer-Ball, 470 S.W.2d 341 (Ky. Ct. App. 1971).
“KRS 241.060(2). Regulations of County Administrators are not effective until approved by the Board.”
— Ky. Rev. Stat. § 241.060(6) — 1 case
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