Kentucky

The Alcoholic Beverage Control Board promulgates reasonable administrative regulations relative to the traffic of alcoholic beverages. The Kentucky Revised Statutes, specifically chapters 241-244 and chapter 438, authorize the Board to regulate and oversee the alcoholic beverage industry and to adjudicate and levy fines. The ABC Board has full authority to issue, deny, suspend or revoke alcoholic beverage licenses.

Definition of Wine in Kentucky:

“Wine” means the product of the normal alcoholic fermentation of the juices of fruits, with the usual processes of manufacture and normal additions, and includes champagne and sparkling and fortified wine of an alcoholic content not to exceed twenty-four percent (24%) by volume. It includes sake, cider, hard cider, and perry cider and also includes preparations or mixtures vended in retail containers if these preparations or mixtures contain not more than fifteen percent (15%) of alcohol by volume. It does not include weak cider KRS 241.010 .

Laws & Rules:

• KRS Chapter 241 Alcoholic Beverages — Administration and Control
• KRS Chapter 242 Alcoholic Beverages — Local Option
• KRS Chapter 243 Alcoholic Beverages — Licenses and Taxes
• KRS Chapter 244 Alcoholic Beverages — Prohibitions, Restrictions, and Regulations
• ABC Regulations (Title 804)
• Alcohol Tax Regulations (Title 103 Chapter 40 Selective Excise Tax; Alcoholic Beverages)

Required: Yes

Name: Out-of-State Wine Supplier’s License

Fee:

• $260 – less than 50,000 gallons
• $1,550 – 50,000 gallons or more

Expiration: Dec. 31st of each year

An Out of State Supplier license must be obtained before shipping into Kentucky. Permit types have a one or two year licensing/renewal option available and the fee is based on number of gallons imported into the state.

Paper applications are no longer accepted by the Department.

Resources:

• Out-of-State Supplier License Application (online)
• eServices Applicant/Licensee User Guide
• KRS 243.212 Distilled spirits and wine supplier’s license

Required: Yes

Fee: No Fee

Approval: 7-14 days

Expiration: Does Not Expire

Revision Required: COLA change

The department uses an online brand registration system known as Kentucky PRO (Product Registry Online).

Distributors are required to review and approve registrations before they are submitted to the state. Registrations generated by suppliers are sent to a distributor portal, where distributors can log in using their state license number to review and approve. A distribution agreement is required for label approval.

As of March 12, 2021, brand registration is no longer required for products sold through the DTC channel.

Resources:

• Producer/Supplier Access to PRO

Franchise Law: No

Exclusive Territories: Not Required

Kentucky does not have a franchise law for wine.

Required: Yes

Name: Consignor’s Report Of Alcoholic Beverages Shipped

Due Date: Monthly, by the 20th

Each supplier must file a Consignor’s Report of Alcoholic Beverages Shipped with the Department of Revenue. Reports must be filed in duplicate.

Resources:

• Consignor’s Report Of Alcoholic Beverages Shipped (long version)
• Consignor’s Report Of Alcoholic Beverages Shipped (Basic)

Available: Yes

Fee: $30

Expiration: Dec. 31st of each year

A Special Agent’s or Solicitor’s license is $30 per year and does not require a $50 application fee. A special agent’s or solicitor’s license may be issued to a duly authorized representative, employee, or agent of, or solicitor for a distiller, rectifier, winery, or wholesaler licensed in Kentucky or by the state of his or her residence and by the United States if a resident therein. The license shall authorize the licensee to offer for sale and to solicit orders for the sale of any alcoholic beverage sold by a distiller, rectifier, winery, or wholesaler who is licensed in Kentucky or who is a nonresident.

Paper applications are no longer accepted by the Department.

Resources:

• Special Agent’s or Solicitor’s License Application (online)
• User Guide for Agent Solicitor Applicant
• KRS 243.340 Business authorized by special agent’s or solicitor’s license

License: Not Allowed

Interstate self-distribution is not permitted.

• ABC Advisory Opinions
• ABC FAQs
• 804 KAR 1:100. General advertising practices/social media
• 804 KAR 1:110. Consumer sampling events
• 804 KAR 1:030. Prohibited alcoholic beverage advertisements
• Alcohol Tax Rates and Form Requirements