and cannabis-infused beverages not purchased from licensee disallowed on
licensed premises -- Licenses permitted in moist territory -- Possession of
alcohol on or near licensed entertainment destination center premises
permitted.
(1) A person shall not do any act authorized by any kind of license with respect to the
manufacture, storage, sale, purchase, transporting, or other traffic in alcoholic
beverages or the distribution, retail sale, or transportation of cannabis-infused
beverages unless the person holds or is an independent contractor, agent, servant, or
employee of a person who holds the kind of license that authorizes the act, or is a
third party utilized by a direct shipper licensee as set forth in KRS 243.027.
(2) The holding of any permit from the United States government to traffic in alcoholic
beverages without the corresponding requisite state and local licenses shall in all
cases raise a rebuttable presumption that the holder of the United States permit is
unlawfully trafficking in alcoholic beverages.
(3) Except as permitted by KRS 243.033, 243.036, 243.155, 243.157, and 243.260, a
person, conducting a place of business patronized by the public, who is not a
licensee authorized to sell alcoholic beverages, shall not permit any person to sell,
barter, loan, give away, or drink alcoholic beverages on the premises of the place of
business.
(4) A licensee shall not permit any consumer to possess, give away, or drink alcoholic
beverages or cannabis-infused beverages on the licensed premises that are not
purchased from the licensee.
(5) In a moist territory, the only types of licenses that may be issued are those that
directly correspond with the types of sales approved by the voters through moist
elections within the territory, unless otherwise specifically authorized by statute.
(6) Notwithstanding subsections (3) and (4) of this section, with the written permission
of a licensed entertainment destination center:
(a) A retail drink licensee located wholly within a licensed entertainment
destination center or that has a storefront sharing a physical boundary with
that licensed entertainment destination center may allow persons on the
licensee's premises to possess and drink alcoholic beverages that were
purchased from another retail drink licensee located wholly within, or that has
a storefront sharing a physical boundary with, the licensed entertainment
destination center; and
(b) A nonlicensed place of business that is located wholly within a licensed
entertainment destination center or that has a storefront sharing a physical
boundary with that licensed entertainment destination center may allow
persons on its property to possess and drink alcoholic beverages that were
purchased from a retail drink licensee located wholly within, or that has a
storefront sharing a physical boundary with, the licensed entertainment
destination center.
Effective: March 25, 2025
History: Amended 2025 Ky. Acts ch. 82, sec. 9, effective March 25, 2025. -- Amended
2023 Ky. Acts ch. 39, sec. 1, effective June 29, 2023. -- Amended 2021 Ky. Acts ch.
13, sec. 4, effective March 12, 2021. -- Amended 2020 Ky. Acts ch. 80, sec. 14,
effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 201, sec. 3, effective April 9,
2019. -- Amended 2017 Ky. Acts ch. 62, sec. 29, effective June 29, 2017. --
Amended 2013 Ky. Acts ch. 121, sec. 44, effective June 25, 2013. -- Amended 1998
Ky. Acts ch. 121, sec. 8, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 44,
sec. 4, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 194, sec. 9, effective
June 17, 1978. --. Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. secs. 2554b-150, 2554b-153, 2554b-165, 2554b-194.
Notes of Decisions
City of Newport v. Iacobucci, 479 U.S. 92 (1986).
· cites it 2× “See Ky. Rev. Stat. § 243.020(3) (1981). For example, a theater cannot sell champagne during an intermission without a liquor license.”
Henry v. Commonwealth, 228 S.W.2d 32 (Ky. Ct. App. 1950).
· cites it 4× “, which is substantially the same as KRS 243.020 (1), the mere-possession of intoxicating liquor is not an offense, but the possession must be for the purpose of trafficking in liquor in some manner.”
Bickett v. Palmer-Ball, 470 S.W.2d 341 (Ky. Ct. App. 1971).
· cites it 2× “450 provides: “(1) A license that might be issued under KRS 243.020 to 243.670 shall be refused: “(a) If the applicant or the premises for which the license is sought do not comply fully with all alcoholic beverage control statutes, the regulations of the board, all ordinances…”
Kentucky Alcoholic Beverage Control Bd. v. Jacobs, 269 S.W.2d 189 (Ky. Ct. App. 1954).
“functions, powers and duties: “(6) To close, lock and bar, for a period not to extend beyond the following June 30, any premises in or upon which a violation of KRS Chapter 241, KRS 243.020 to 243.670, or KRS Chapter 244 has taken place.”
Brown, Ky. Al. Bev. Control Bd. v. Baumer, 191 S.W.2d 235 (Ky. Ct. App. 1945).
“450 sets out causes for which a license “that might be issued under KRS 243.020 to 243.670 shall be refused.” One cause is if'the applicant has done any act for which a revocation of license would be authorized.”
Stroud v. Commonwealth, 175 S.W.2d 368 (Ky. Ct. App. 1943).
“We held that no public offense was charged and that one trafficking in liquor in local option territory must be prosecuted under the local option law of 1936, KS 2554c-l to 2554c-34 (now KRS 242.010 to 242.990) and not under the alcoholic beverage control law.”
Moberly v. King, 355 S.W.2d 309 (Ky. Ct. App. 1962).
“Subsection (2) thereof provides: *310 “A license that might be issued under KRS 243.020 to 243.670 may be refused by a state administrator for any reason which he, in the exercise of his sound discretion, may deem sufficient.”
Moberly v. Berry, 405 S.W.2d 198 (Ky. Ct. App. 1966).
“450 is as follows: “A license that might be issued under KRS 243.020 to 243.670 may be refused by a state administrator for any reason which he, in the exercise of his sound discretion, may deem sufficient.”
Costa v. Bluegrass Turf Serv., Inc., 406 F. Supp. 1003 (E.D. Ky. 1975).
“"(1) No person holding any license under KRS 243.020 to 243.670 shall knowingly employ in connection with his business in any capacity whatsoever, any person who: * * * * * * "(c) Is not a citizen of the United States or has not had an actual bona fide residence in this…”
Commonwealth v. Seabolt, 668 S.W.2d 571 (Ky. Ct. App. 1984).
“The Defendant was cited by a representative of the Louisville Office of Alcoholic Beverage Control for violation of KRS 243.020(1), KRS 244.290 and City Ordinance 111.”
Vertner Smith Co. v. Town of Elsmere, 214 S.W.2d 765 (Ky. Ct. App. 1948).
· cites it 2× “200 (1) provides: “A distilled spirits and wine transporter’s license shall authorize the licensee to transport distilled • spirits and wine to or from the licensed premises of any licensee under KRS 243.020 to 243.670 if both the consignor and consignee in each case are…”
— Ky. Rev. Stat. § 243.020(1) — 2 cases
Commonwealth v. Seabolt, 668 S.W.2d 571 (Ky. Ct. App. 1984).
“The Defendant was cited by a representative of the Louisville Office of Alcoholic Beverage Control for violation of KRS 243.020(1), KRS 244.290 and City Ordinance 111.”
— Ky. Rev. Stat. § 243.020(2) — 1 case
— Ky. Rev. Stat. § 243.020(3) — 1 case
City of Newport v. Iacobucci, 479 U.S. 92 (1986).
“See Ky. Rev. Stat. § 243.020(3) (1981). For example, a theater cannot sell champagne during an intermission without a liquor license.”
— Ky. Rev. Stat. § 243.020(4) — 1 case
Henry v. Commonwealth, 228 S.W.2d 32 (Ky. Ct. App. 1950).
“, which is substantially the same as KRS 243.020 (1), the mere-possession of intoxicating liquor is not an offense, but the possession must be for the purpose of trafficking in liquor in some manner.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.