Kentucky Revised Statutes

Ky. Rev. Stat. § 243.280 (2026)

Business authorized by nonquota malt beverage package license --

✓ current as of May 2026

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Compatible licenses -- Certain premises not to be licensed. (1) A nonquota retail malt beverage package license shall authorize the licensee to: (a) Sell malt beverages at retail by the package from the licensed premises only for consumption off the licensed premises only; and (b) Purchase malt beverages only from a distributor. (2) The holder of a quota retail package license under KRS 243.240 may also obtain a license under this section. (3) The holder of a nonquota retail malt beverage package license may also hold a NQ4 retail malt beverage drink license. (4) A nonquota retail malt beverage package license shall not be issued to sell malt beverages at retail for any premises from which gasoline and lubricating oil are sold or from which the servicing and repair of motor vehicles is conducted, unless there is maintained in inventory on the premises for sale at retail not less than five thousand dollars ($5,000) of food, groceries, and related products valued at cost. (5) The term "food and groceries" means: (a) Any food or food product intended for human consumption except alcoholic beverages, tobacco, hot foods, and hot food products prepared for immediate consumption; (b) Seeds and plants to grow food for personal consumption. (6) The provisions of this section shall not apply to any licensed premises which sells no fuel other than marine fuel. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 71, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 121, sec. 16, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 72, sec. 4, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 313, sec. 2, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 194, sec. 27, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-200.

Notes of Decisions

Cited in 3 cases, 1945–1998 · leading case: Roppel v. Shearer, 321 S.W.2d 36 (Ky. Ct. App. 1959).

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Roppel v. Shearer, 321 S.W.2d 36 (Ky. Ct. App. 1959). · cites it 2× “Of the three statutes referred to in this regulation (:8:60) only KRS 243.280 relates to retailers and it provides: “A malt beverage retailer’s license shall authorize the licensee to sell malt beverages at retail from the licensed premises only and to purchase malt beverages…”

Heyser v. Brown, 184 S.W.2d 893 (Ky. Ct. App. 1945). “Appellants, who conduct separate businesses in Old-ham County, were cited by appellee, Alcoholic Beverage Control Board, to appear before it on September 7, 1944, to show cause why their licenses to sell beer should not be suspended or revoked for violating KRS 243.280, as…”

City of Ashland v. Kentucky Alcoholic Beverage Control Bd., 982 S.W.2d 210 (Ky. Ct. App. 1998). · cites it 2× “3 There is no question, as the lower court found, that the portion of the City’s ordinance which prohibits the sale of alcohol from premises which sell groceries and gasoline, conflicts with KRS 243.280(2), which expressly permits such establishments to obtain a malt beverage…”

— Ky. Rev. Stat. § 243.280(2) — 1 case

City of Ashland v. Kentucky Alcoholic Beverage Control Bd., 982 S.W.2d 210 (Ky. Ct. App. 1998). “3 There is no question, as the lower court found, that the portion of the City’s ordinance which prohibits the sale of alcohol from premises which sell groceries and gasoline, conflicts with KRS 243.280(2), which expressly permits such establishments to obtain a malt beverage…”

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