Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
243.130,
243.150,
243.170,
243.180,
243.340,
244.240,
244.590
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
241.060(1) authorizes the
board to promulgate administrative regulations regarding matters over which the
board has jurisdiction.
KRS
244.240 and
244.590
prohibit manufacturers, distributors and wholesalers from making any gift or
rendering any kind of service to any retail licensee which may tend to
influence the retailer to purchase the manufacturers', distributors', or
wholesalers' product to the exclusion of a product sold or offered for sale by
other persons. This administrative regulation establishes requirements for
alcoholic product development and marketing samples.
Section 1.
(1) Product Samples to Retailers.
Manufacturers, distributors, and wholesalers may provide free alcoholic
beverage product samples to retailers under the following conditions:
(a) Samples shall be provided by an employee
or agent of the manufacturer, distributor, or wholesaler. An employee or agent
of a distiller, rectifier, winery, or wholesaler shall hold a Kentucky special
agent's or solicitor's license;
(b)
Samples shall be limited to alcoholic beverage products sold or produced by the
manufacturer, distributor, or wholesaler;
(c) Drink samples may be provided to a
retailer's agents and employees at the retailer's premises by the employee or
agent in person; and
(d) Package
samples, not exceeding the following quantity limits, may be shipped to the
retailer's licensed premises through a common carrier holding a Kentucky
transporter's license:
1. 384 ounces of malt
beverages per year;
2. Nine (9)
liters of wine per year; and
3.
Nine (9) liters of distilled spirits per year.
(2) Any alcoholic beverage container used for
drink or package samples shall be so marked by affixing across the label a
sticker, not readily removable, stating, "Sample - Not for Sale,
(manufacturer's, distributor's, or wholesaler's name)."
(3) Package samples received by a retailer
shall not be resold by the retailer and shall be destroyed when the retailer
completes its sampling of the product.
Section 2. Educational Sampling Events for
Retailers. A manufacturer, distributor, or wholesaler may conduct an
educational meeting and provide free samples of alcoholic beverages for the
purpose of introducing new products or packaging under the following
conditions:
(1) Educational meetings shall be
held on licensed premises;
(2)
Guests invited to attend educational meetings shall be limited to retail
licensees, their employees, and agents;
(3) Only free hors d'oeuvres and drinks shall
be served to invited guests;
(4)
Free samples of alcoholic beverages served to invited guests shall be limited
to products sold by the manufacturer, distributor, or wholesaler;
(5) Invited guests shall not take or keep any
gift, favor, or alcoholic beverage packages from the premises where the
educational meeting is conducted;
(6) A manufacturer, distributor, or
wholesaler may conduct tours of its licensed premises as part of an educational
meeting held there; and
(7) A
manufacturer, distributor, or wholesaler conducting the event, and the licensee
of the premise where the event is held, shall be jointly and severally liable
for violations of the alcoholic beverage laws occurring during the
event.
STATUTORY AUTHORITY:
KRS
241.060
