Kentucky Administrative Regulations
Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
Chapter 1 - Advertising Distilled Spirits and Wine
Section 804 KAR 1:102 - General advertising practices
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 244.130, 244.500, 244.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.130 authorizes the Alcoholic Beverage Control Board to regulate the advertising of alcoholic beverages. This administrative regulation establishes standards for advertising in a manner consistent with modern marketing practices.
Section 1. Definition. "Social media" means all forms of electronic communication through which users create online communities to share information, ideas, personal messages, and other content.
Section 2.
Section 3. A licensee may advertise in material directed to the home or business of a consumer if the advertising material is in conformity with KRS 244.130 and this administrative regulation.
Section 4.
Section 5. A licensee may advertise by means of radio and television.
Section 6. A licensee may advertise by means of the Internet and social media.
Section 7.
Section 8. A licensee shall not use the terms "free", "complimentary", or any other terms, that imply or suggest giveaways in the advertising of alcoholic beverages.
Section 9. A licensee shall not advertise a product, service, or activity if the licensee is prohibited by statute or administrative regulation from selling, providing, or conducting it.
Section 10. This administrative regulation shall not be interpreted to relate to direct shipping in accordance with KRS 241.060(1).
STATUTORY AUTHORITY: KRS 241.060(1), 244.130