A license may be revoked or suspended by the board for a violation of any of the
following:
(1) Any of the provisions of KRS Chapters 241 to 244;
(2) Any administrative regulation of the board relating to the regulation of the:
(a) Manufacture, sale, and transportation of alcoholic beverages; or
(b) Distribution and retail sale of cannabis-infused beverages;
(3) Any rule or administrative regulation of the Department of Revenue relating to the
taxation of alcoholic beverages or cannabis-infused beverages;
(4) Any Act of Congress or any rule or regulation of any federal board, agency, or
commission;
(5) Any local ordinance relating to the regulation of the:
(a) Manufacture, sale, and transportation or taxation of alcoholic beverages; or
(b) Distribution, retail sale, or taxation of cannabis-infused beverages;
(6) Any of the laws, regulations, or ordinances referred to in this section when an
agent, servant, or employee of the licensee committed the violation, irrespective of
whether the licensee knew of or permitted the violation or whether the violation
was committed in disobedience of the licensee's instructions;
(7) Any cause which the Alcoholic Beverage Control Board in the exercise of its sound
discretion deems sufficient; or
(8) Any of the reasons for which the state administrator would have been required to
deny a license if existing material facts had been known.
Effective: March 25, 2025
History: Amended 2025 Ky. Acts ch. 82, sec. 23, effective March 25, 2025. --
Repealed and reenacted 2017 Ky. Acts ch. 62, sec. 74, effective June 29, 2017. --
Amended 2010 Ky. Acts ch. 24, sec. 578, effective July 15, 2010. -- Amended 2005
Ky. Acts ch. 85, secs. 652 and 653, effective June 20, 2005. -- Amended 1998 Ky.
Acts ch. 121, sec. 22, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 329,
sec. 2, effective July 15, 1996. -- Amended 1942 Ky. Acts ch. 168, secs. 4 and 13. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 2554b-141, 2554c-10.
Notes of Decisions
Alcoholic Beverage Control Bd. of the Commonwealth v. Taylor Drug Stores, Inc., 635 S.W.2d 319 (Ky. 1982).
· cites it 2× “470 declares that any licensee who sells or offers wine or liquor for less than the price stipulated in a fair trade contract entered into under these statutes, whether or not he is a party to the contract, shall be guilty of unfair competition, which is a ground for…”
Pike v. George, 434 S.W.2d 626 (Ky. Ct. App. 1968).
“KRS 243.490. If the licensee violates this act twice within a period of two consecutive years the license must be revoked.”
Brown, Ky. Al. Bev. Control Bd. v. Baumer, 191 S.W.2d 235 (Ky. Ct. App. 1945).
“The Board, on a guilty *317 plea, entered an order reciting that appellee bad violated KRS 243.490 by failing to comply witb regulations of tbe Board in respect of sale.”
Duke v. Commonwealth, 474 S.W.2d 885 (Ky. Ct. App. 1971).
“To hold otherwise would nullify the clear intent of the Legislature that Alcoholic Beverage Control Board officers have the right to inspect licensed premises without a search warrant to ascertain if the licensee is in violation of any of the rules and regulations governing such…”
Dunbar v. Alcoholic Beverage Control Bd., 216 S.W.2d 42 (Ky. Ct. App. 1948).
“This was an unlawful act which would authorize the revocation of a license under KRS 243.490. It would therefore justify the refusal to grant a license under KRS 243.”
Ni-Be, Inc. v. Moberly, 425 S.W.2d 567 (Ky. Ct. App. 1968).
“” KRS 243.490 authorized ABC to revoke licenses for a violation of “ * * * any of the provisions of [KRS] Chapter 241, 243 or 244 * * *.”
Kenton Distrib. Co. v. Alcoholic Beverage Control Bd., 181 S.W.2d 64 (Ky. Ct. App. 1944).
“KRS 243.490. It was competent for the Board to consider the fact that the former license had been dormant, in reaching its conclusions, just as it was competent for the Board to consider the evidence of past history of nonperformance on the part of licensee in order to determine…”
Brown v. Carey, 442 S.W.2d 566 (Ky. Ct. App. 1969).
· cites it 2× “To hold that this provision requires the Board to deny a license would mean that the Board would have no discretion and would have to deny the license for any of the various reasons for which they could revoke it under KRS 243.”
Brey v. Alcoholic Beverage Control Bd., 451 S.W.2d 647 (Ky. Ct. App. 1970).
· cites it 2× “480 authorizes suspension and KRS 243.490 permits revocation of the licenses issued to appellant for violation of the statute for which he was cited and for other causes.”
— Ky. Rev. Stat. § 243.490(1) — 1 case
— Ky. Rev. Stat. § 243.490(2) — 1 case
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