Kentucky 2021 Regular Session Status: Enacted 4 R cosponsors

HB 415 — AN ACT relating to alcoholic beverages and declaring an emergency.

Last action — signed by Governor (Acts Ch. 13)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

825 added · 1115 removed

825 line(s) added, 1115 removed.

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UNOFFICIAL COPY 21 RS HB 415/GA AN ACT relating to alcoholic beverages and declaring an emergency.
CHAPTER 13 1 CHAPTER 13 ( HB 415 ) AN ACT relating to alcoholic beverages and declaring an emergency.
and (c) If a manufacturer applicant is located outside this state, proves that it has Page 1 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA completed the same registration necessary for a manufacturer located in this state with respect to payment of any applicable excise tax, state or local sales or use tax, or other tax owed under the law of this state in connection with the direct shipment of alcoholic beverages to consumers in this state.] (3) (a) A manufacturer applicant shall only be authorized to ship alcoholic beverages that are sold under a brand name owned or exclusively licensed to the manufacturer, provided the alcoholic beverages were:
and (c) If a manufacturer applicant is located outside this state, proves that it has completed the same registration necessary for a manufacturer located in this state with respect to payment of any applicable excise tax, state or local sales or use tax, or other tax owed under the law of this state in connection with the direct shipment of alcoholic beverages to consumers in this state.] (3) (a) A manufacturer applicant shall only be authorized to ship alcoholic beverages that are sold under a brand name owned or exclusively licensed to the manufacturer, provided the alcoholic beverages were:
and (c) Any other information the department determines to be necessary to implement and administer the direct shipper licensing program].
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Any other information the department determines to be necessary to implement and administer the direct shipper licensing program].
(a) The third party shall not be required to hold any alcoholic beverage license, Page 2 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA but no licensed entity shall serve as a third party to fulfill shipments other than the holder of a storage license or transporter's license;
(a) The third party shall not be required to hold any alcoholic beverage license, but no licensed entity shall serve as a third party to fulfill shipments other than the holder of a storage license or transporter's license;
and Page 3 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (e) Submit to the jurisdiction of the Commonwealth of Kentucky for any violation of KRS 242.250, 242.260, 242.270, 244.080 or for nonpayment of any taxes owed[department and the Department of Revenue, the courts, and all other enforcement authority of this state, including any related laws or administrative regulations, with respect to enforcement against the applicant;
and (e) Submit to the jurisdiction of the Commonwealth of Kentucky for any violation of KRS 242.250, 242.260, 242.270, or 244.080 or for nonpayment of any taxes owed[department and the Department of Revenue, the courts, and all other enforcement authority of this state, including any related laws or administrative regulations, with respect to enforcement against the applicant;
(b) The Department of Revenue shall create a form through the promulgation of Page 4 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA an administrative regulation for reporting under paragraph (a) of this subsection.
(b) The Department of Revenue shall create a form through the promulgation of an administrative regulation for reporting under paragraph (a) of this subsection.
(c) The department shall provide a list of all active direct shipper licensees to licensed common carriers on a quarterly basis to reduce the number of unlicensed shipments in the Commonwealth.
CHAPTER 13 3 (c) The department shall provide a list of all active direct shipper licensees to licensed common carriers on a quarterly basis to reduce the number of unlicensed shipments in the Commonwealth.
Page 5 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (b) Wine, in quantities not to exceed ten (10) cases per consumer per month;
(b) Wine, in quantities not to exceed ten (10) cases per consumer per month;
Page 6 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (7) Shipments made pursuant to this section shall be made[A direct shipper licensee shall only conduct the shipment of alcoholic beverages to a consumer] through a common carrier.
(7) Shipments made pursuant to this section shall be made[A direct shipper licensee shall only conduct the shipment of alcoholic beverages to a consumer] through a common carrier.
The board shall have the following functions, powers, and duties:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY The board shall have the following functions, powers, and duties:
The Page 7 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA department may pay witnesses the per diem and mileage provided in KRS 421.015;
The department may pay witnesses the per diem and mileage provided in KRS 421.015;
Page 8 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (4) A licensee shall not permit any consumer to possess, give away, or drink alcoholic beverages on the licensed premises that are not purchased from the licensee.
(4) A licensee shall not permit any consumer to possess, give away, or drink alcoholic beverages on the licensed premises that are not purchased from the licensee.
(c) Excise tax;
CHAPTER 13 5 (c) Excise tax;
The applicable taxes shall be separately identified on the consumer's Page 9 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA invoice.
The applicable taxes shall be separately identified on the consumer's invoice.
(d) A commercial airline system or charter flight system retail license, a Page 10 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA commercial airline system or charter flight system transporter's license, and a retail drink license if held by a commercial airline or charter flight system may be held by the same licensee.
(d) A commercial airline system or charter flight system retail license, a commercial airline system or charter flight system transporter's license, and a retail drink license if held by a commercial airline or charter flight system may be held by the same licensee.
No license shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written agreement or a permit for a term of not less than the license period.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY No license shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written agreement or a permit for a term of not less than the license period.
Page 11 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (2) All applications shall be on forms furnished by the department.
(2) All applications shall be on forms furnished by the department.
(b) If the applicant is a partner, the name, age, Social Security number, address, residence, and citizenship of each partner and the name and address of the Page 12 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA partnership;
(b) If the applicant is a partner, the name, age, Social Security number, address, residence, and citizenship of each partner and the name and address of the partnership;
Page 13 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (f) A statement that the applicant will in good faith abide by every state and local statute, regulation, and ordinance relating to the manufacture, sale, use of, and trafficking in alcoholic beverages;
CHAPTER 13 7 (f) A statement that the applicant will in good faith abide by every state and local statute, regulation, and ordinance relating to the manufacture, sale, use of, and trafficking in alcoholic beverages;
or Page 14 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (d) If the applicant has made any false material statement in its application.
or (d) If the applicant has made any false material statement in its application.
(1) Any licensed Kentucky distiller that is located in wet territory or in any precinct that has authorized the limited sale of alcoholic beverages at distilleries under KRS Page 15 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA 242.1243 and that has a gift shop or other retail outlet on its premises may conduct the activities permitted under this section as a part of its distiller's license.
(1) Any licensed Kentucky distiller that is located in wet territory or in any precinct that has authorized the limited sale of alcoholic beverages at distilleries under KRS 242.1243 and that has a gift shop or other retail outlet on its premises may conduct the activities permitted under this section as a part of its distiller's license.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
However, for purposes of all retail drink and package sales by distillers under subsections (3), (8), and (9) of this section, all of these Page 16 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA transfers shall be invoiced from the distiller to the wholesaler and from the wholesaler to the distiller, and all of these transferred products shall be included in the wholesaler's inventory and depletions for purposes of tax collections imposed pursuant to KRS 243.710 to 243.895 and 243.990].
However, for purposes of all retail drink and package sales by distillers under subsections (3), (8), and (9) of this section, all of these transfers shall be invoiced from the distiller to the wholesaler and from the wholesaler to the distiller, and all of these transferred products shall be included in the wholesaler's inventory and depletions for purposes of tax collections imposed pursuant to KRS 243.710 to 243.895 and 243.990].
(6) Souvenir packages sold to distillery visitors under section (3)(b) of this section shall be registered with the department pursuant to KRS 244.440 and made available to a Kentucky licensed wholesaler.[ No wholesaler may restrict the sale of souvenir packages to the distiller of origin exclusively, but shall make souvenir packages available to any Kentucky retail licensee licensed for the sale of distilled spirits by the package.] (7) Notwithstanding any provision of KRS 244.050 to the contrary, a distillery holding a sampling license may allow visitors to sample distilled spirits under the following conditions:
(6) Souvenir packages sold to distillery visitors under subsection (3)(b) of this section shall be registered with the department pursuant to KRS 244.440 and made available to a Kentucky licensed wholesaler.[ No wholesaler may restrict the sale of souvenir packages to the distiller of origin exclusively, but shall make souvenir packages available to any Kentucky retail licensee licensed for the sale of distilled spirits by the package.] (7) Notwithstanding any provision of KRS 244.050 to the contrary, a distillery holding a sampling license may allow visitors to sample distilled spirits under the following conditions:
Page 17 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (b) A distillery shall not charge for the samples;
(b) A distillery shall not charge for the samples;
(9) A distiller may sell to consumers at fairs, festivals, and other similar types of events located in wet territory alcoholic beverages by the drink, containing spirits distilled or bottled on the premises of the distillery.
CHAPTER 13 9 (9) A distiller may sell to consumers at fairs, festivals, and other similar types of events located in wet territory alcoholic beverages by the drink, containing spirits distilled or bottled on the premises of the distillery.
(10) A distiller may offer for sale in its gift shop products that were produced in collaboration with a brewer or microbrewer except that:
(10) A distiller may offer for sale in its gift shop products that were produced in collaboration with a brewer or microbrewer, except that:
(12) Nothing in this section shall be construed to vitiate the policy of this Commonwealth supporting an orderly three (3) tier system for the production and Page 18 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA sale of alcoholic beverages.
(12) Nothing in this section shall be construed to vitiate the policy of this Commonwealth supporting an orderly three (3) tier system for the production and sale of alcoholic beverages.
Ten and one-quarter of one percent (10.25%) for wholesale sales Page 19 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA or sales at wholesale made on or after June 1, 2017, and before June 1, 2018;
Ten and one-quarter of one percent (10.25%) for wholesale sales or sales at wholesale made on or after June 1, 2017, and before June 1, 2018;
(2) Wholesalers of distilled spirits and wine, distributors of malt beverages, [and ]microbreweries, distillers, and direct shipper licensees shall pay and report the tax levied by this section on or before the twentieth day of the calendar month next succeeding the month in which possession or title of the distilled spirits, wine, or malt beverages is transferred from the wholesaler or distributor to retailers, or by microbreweries, distillers, or direct shipper licensees to consumers in this state, in accordance with rules and regulations of the Department of Revenue designed reasonably to protect the revenues of the Commonwealth.
(2) Wholesalers of distilled spirits and wine, distributors of malt beverages, [and ]microbreweries, distillers, and direct shipper licensees shall pay and report the tax levied by this section on or before the twentieth day of the calendar month next succeeding the month in which possession or title of the distilled spirits, wine, or malt beverages is transferred from the wholesaler or distributor to retailers, or by microbreweries, distillers, or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY direct shipper licensees to consumers in this state, in accordance with rules and regulations of the Department of Revenue designed reasonably to protect the revenues of the Commonwealth.
or Page 20 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA 2.
or 2.
and Page 21 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (h) Alcohol unfit for beverage purposes that is to be sold for legitimate external use;
and (h) Alcohol unfit for beverage purposes that is to be sold for legitimate external use;
(b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication or a device installed and used by a licensee under this chapter to demonstrate the aroma of an alcoholic beverage;
(b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the- counter medication or a device installed and used by a licensee under this chapter to demonstrate the aroma of an alcoholic beverage;
(6) "Board" means the State Alcoholic Beverage Control Board created by KRS 241.030;
CHAPTER 13 11 (6) "Board" means the State Alcoholic Beverage Control Board created by KRS 241.030;
(9) "Brewery" means any place or premises where malt beverages are manufactured for Page 22 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, and storerooms connected with the premises;
(9) "Brewery" means any place or premises where malt beverages are manufactured for sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, and storerooms connected with the premises;
(16) "Commercial quadricycle" means a vehicle equipped with a minimum of ten (10) Page 23 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA pairs of fully operative pedals for propulsion by means of human muscular power exclusively and which:
(16) "Commercial quadricycle" means a vehicle equipped with a minimum of ten (10) pairs of fully operative pedals for propulsion by means of human muscular power exclusively and which:
(19) "Convention center" means any facility which, in its usual and customary business, provides seating for a minimum of one thousand (1,000) people and offers convention facilities and related services for seminars, training and educational purposes, trade association meetings, conventions, or civic and community events or for plays, theatrical productions, or cultural exhibitions;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (19) "Convention center" means any facility which, in its usual and customary business, provides seating for a minimum of one thousand (1,000) people and offers convention facilities and related services for seminars, training and educational purposes, trade association meetings, conventions, or civic and community events or for plays, theatrical productions, or cultural exhibitions;
(20) "Convicted" and "conviction" means a finding of guilt resulting from a plea of guilty, the decision of a court, or the finding of a jury, irrespective of a Page 24 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA pronouncement of judgment or the suspension of the judgment;
(20) "Convicted" and "conviction" means a finding of guilt resulting from a plea of guilty, the decision of a court, or the finding of a jury, irrespective of a pronouncement of judgment or the suspension of the judgment;
(29) "Dry" means a territory in which a majority of the electorate voted to prohibit all Page 25 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA forms of retail alcohol sales through a local option election held under KRS Chapter 242;
(29) "Dry" means a territory in which a majority of the electorate voted to prohibit all forms of retail alcohol sales through a local option election held under KRS Chapter 242;
(a) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least seventy percent (70%) of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of fifty (50) persons for dining, which has no open bar, which requires that alcoholic beverages be sold in conjunction with the sale of a meal, and which Page 26 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA is located in a wet or moist territory under KRS 242.1244;
(a) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least seventy percent (70%) of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of fifty (50) persons for dining, which has no open bar, which requires that alcoholic beverages be sold in CHAPTER 13 13 conjunction with the sale of a meal, and which is located in a wet or moist territory under KRS 242.1244;
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"Premises" shall not include as a single unit two (2) or more separate businesses of one (1) owner on the same Page 27 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA lot or tract of land, in the same or in different buildings if physical and permanent separation of the premises is maintained, excluding employee access by keyed entry and emergency exits equipped with crash bars, and each has a separate public entrance accessible directly from the sidewalk or parking lot.
"Premises" shall not include as a single unit two (2) or more separate businesses of one (1) owner on the same lot or tract of land, in the same or in different buildings if physical and permanent separation of the premises is maintained, excluding employee access by keyed entry and emergency exits equipped with crash bars, and each has a separate public entrance accessible directly from the sidewalk or parking lot.
(46) "Private club" means a nonprofit social, fraternal, military, or political organization, club, or nonprofit or for-profit entity maintaining or operating a club room, club rooms, or premises from which the general public is excluded;
(46) "Private club" means a nonprofit social, fraternal, military, or political organization, club, or nonprofit or for- profit entity maintaining or operating a club room, club rooms, or premises from which the general public is excluded;
Page 28 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (c) A distillery which is listed as a National Historic Landmark and which conducts souvenir retail package sales under KRS 243.0305;
(c) A distillery which is listed as a National Historic Landmark and which conducts souvenir retail package sales under KRS 243.0305;
(49) "Rectifier" means any person who rectifies, purifies, or refines distilled spirits, malt, or wine by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying, or refining distilled spirits by mixing alcoholic beverages with any materials, manufactures any imitations of or compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters, or any other name;
(49) "Rectifier" means any person who rectifies, purifies, or refines distilled spirits, malt, or wine by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying, or refining distilled spirits by mixing alcoholic beverages with any materials, manufactures any imitations of or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters, or any other name;
(55) "Riverboat" means any boat or vessel with a regular place of mooring in this state that is licensed by the United States Coast Guard to carry one hundred (100) or Page 29 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA more passengers for hire on navigable waters in or adjacent to this state;
(55) "Riverboat" means any boat or vessel with a regular place of mooring in this state that is licensed by the United States Coast Guard to carry one hundred (100) or more passengers for hire on navigable waters in or adjacent to this state;
(63) "Supplemental bar" means a bar, counter, shelving, or similar structure used for serving and selling distilled spirits or wine by the drink for consumption on the licensed premises to guests and patrons from additional locations other than the Page 30 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA main bar;
(63) "Supplemental bar" means a bar, counter, shelving, or similar structure used for serving and selling distilled spirits or wine by the drink for consumption on the licensed premises to guests and patrons from additional locations other than the main bar;
(b) Are not owned by a distillery;
CHAPTER 13 15 (b) Are not owned by a distillery;
(74) "Wine" means the product of the normal alcoholic fermentation of the juices of Page 31 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA 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.
(74) "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.
(c) Distillers that produce fifty thousand (50,000) gallons or less of distilled Page 32 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA spirits per calendar year at the premises shall obtain a distiller's license, Class B (craft distillery).
(c) Distillers that produce fifty thousand (50,000) gallons or less of distilled spirits per calendar year at the premises shall obtain a distiller's license, Class B (craft distillery).
or (b) Allow delivery or shipment of alcohol into dry or moist territory.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Allow delivery or shipment of alcohol into dry or moist territory.
(b) By rectifiers to wineries or to distillers if distilled spirits sold to distillers are Page 33 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA packaged in retail containers;
(b) By rectifiers to wineries or to distillers if distilled spirits sold to distillers are packaged in retail containers;
(5) Rectifiers may purchase malt, distilled spirits and wine only from licensed brewers, distillers or wineries in Kentucky, or from nonresident brewers, distillers or wineries authorized by the law of the state of their residence and by the United States government, if the brewers, distillers or wineries are located in or outside the United States, to make the sales.
(5) Rectifiers may purchase malt, distilled spirits, and wine only from licensed brewers, distillers, or wineries in Kentucky, or from nonresident brewers, distillers, or wineries authorized by the law of the state of their residence and by the United States government, if the brewers, distillers, or wineries are located in or outside the United States, to make the sales.
Page 34 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (7) Nothing shall prohibit the purchase or sale of warehouse receipts by any person, but this subsection does not authorize the owner of a warehouse receipt to accept delivery of any distilled spirits unless the owner is a person who is permitted by law to receive the distilled spirits.
(7) Nothing shall prohibit the purchase or sale of warehouse receipts by any person, but this subsection does not authorize the owner of a warehouse receipt to accept delivery of any distilled spirits unless the owner is a person who is permitted by law to receive the distilled spirits.
(c) Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two (2) years immediately preceding the application;
CHAPTER 13 17 (c) Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two (2) years immediately preceding the application;
Page 35 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA (d) Is under the age of twenty-one (21) years;
(d) Is under the age of twenty-one (21) years;
or (e) Has had any license relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute within KRS Chapters 241 to 244, until the expiration of two (2) years from the date of the revocation or conviction.
or (e) Has had any license relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute within KRS Chapters to 244, until the expiration of two (2) years from the date of the revocation or conviction.
(b) It has had any license relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute within KRS Chapters 241 to 244, until the expiration of two (2) years from the date of the revocation or conviction;
(b) It has had any license relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute within KRS Chapters to 244, until the expiration of two (2) years from the date of the revocation or conviction;
The state administrators shall examine the ownership, membership, and management of all license applicants, and shall deny Page 36 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA the application if a disqualified person has a direct or indirect interest in the applicant's business.
The state administrators shall examine the ownership, membership, and management of all license applicants, and shall deny the application if a disqualified person has a direct or indirect interest in the applicant's business.
Whereas the need for adequate and appropriate licensing, taxation, and regulation of direct shipments of alcohol into the state is of the utmost importance, Page 37 of 38 HB041510.100 - 925 - XXXX GA UNOFFICIAL COPY 21 RS HB 415/GA and whereas licensees may find themselves subject to discipline if these issues are not addressed immediately, an emergency is declared to exist and this Act shall take effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Whereas the need for adequate and appropriate licensing, taxation, and regulation of direct shipments of alcohol into the state is of the utmost importance, and whereas licensees may find themselves subject to discipline if these issues are not addressed immediately, an emergency is declared to exist and this Act shall take effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
HB041510.100 - 925 - XXXX Page 38 of 38 GA
Signed by Governor March 12, 2021.
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Action History

  1. signed by Governor (Acts Ch. 13)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 29-5

  7. posted for passage in the Regular Orders of the Day for Friday, March 5, 2021

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Calendar

  10. to Licensing & Occupations (S)

  11. to Committee on Committees (S)

  12. received in Senate

  13. 3rd reading, passed 82-15 with floor amendments (1), (2), (4), (5), and (3-title)

  14. floor amendments (2), (3-title), (4) and (5) filed

  15. floor amendment (1) filed

  16. posted for passage in the Regular Orders of the Day for Tuesday, February 16, 2021

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar

  19. posted in committee

  20. to Licensing, Occupations, & Administrative Regulations (H)

  21. to Committee on Committees (H)

  22. introduced in House

Sponsors

  • A. Koenig · Primary
  • Daniel Fister · Primary
  • Mark Hart · Primary
  • Thomas Huff · Primary
  • C. Massey · Primary
  • P. Pratt · Primary
  • R. Webber · Primary
  • R. Heath · Primary
  • A. Koenig · Primary
  • A. Koenig · Primary
  • J. Dixon · Primary
  • A. Koenig · Primary
  • Steve Bratcher · Primary

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 125 not signed on · 17 voted No

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (125)

125 members have not signed on to this bill.

Show all 125 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS HB 415

Passed 29 Yea · 5 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 14104
Republican 13400
Democrat 2000
Total 29504
% of votes cast 76%13%0%11%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Thayer — Yea
Kerr — Yea
Parrett — Yea
Buford — Yea
Westerfield — Yea
McGarvey — Yea
Schickel — Yea
Meredith — Yea
Schroder — Yea
Castlen — Yea
Southworth — Yea
Yates — Yea
Hornback — Yea
Embry — Nay
Smith — Not Voting
Thomas — Not Voting
Turner — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Nay
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Nay
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Nay
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Stephen West Republican Yea

Official roll call →

Adopt

Passed 85 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Republican 44008
Unaffiliated 34007
Democrat 7001
Total 850016
% of votes cast 84%0%0%16%
How each member voted (101)
Member Party Vote
Meredith — Yea
Santoro — Yea
Bechler — Yea
Scott — Yea
Flood — Yea
Koenig — Yea
Sheldon — Yea
Minter — Yea
Smith — Yea
Palumbo — Yea
Graham — Yea
Thomas — Yea
Burch — Yea
Pratt — Yea
Timoney — Yea
Hatton — Yea
Prunty — Yea
Cantrell — Yea
Heath — Yea
Massey — Yea
Raymond — Yea
Webber — Yea
Dixon — Yea
McCoy — Yea
Westrom — Yea
Wheatley — Yea
Jenkins — Yea
Rowland — Yea
Fischer — Yea
Meeks — Yea
Carney — Not Voting
DuPlessis — Not Voting
Bentley — Not Voting
Donohue — Not Voting
Goforth — Not Voting
Commonwealth of Kentucky — Not Voting
Huff R — Not Voting
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Not Voting
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Not Voting
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Not Voting
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Not Voting
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Not Voting
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Not Voting
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Not Voting
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Not Voting
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Pass

Passed 82 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 391102
Unaffiliated 36301
Democrat 7100
Total 821503
% of votes cast 82%15%0%3%
How each member voted (100)
Member Party Vote
Meredith — Yea
Scott — Yea
Bechler — Yea
Koenig — Yea
Sheldon — Yea
Flood — Yea
Minter — Yea
Smith — Yea
Palumbo — Yea
Thomas — Yea
Burch — Yea
Graham — Yea
Pratt — Yea
Timoney — Yea
Cantrell — Yea
Prunty — Yea
Hatton — Yea
Massey — Yea
Dixon — Yea
Heath — Yea
Raymond — Yea
Webber — Yea
Donohue — Yea
McCoy — Yea
Westrom — Yea
Rowland — Yea
Wheatley — Yea
DuPlessis — Yea
Jenkins — Yea
Meeks — Yea
Santoro — Yea
Fischer — Yea
Goforth — Nay
Bentley — Nay
Carney — Not Voting
Huff R — Nay
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Nay
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Nay
Adam Bowling Republican Yea
Bill Wesley Republican Nay
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Nay
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Nay
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Nay
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Nay
Josh Branscum Republican Yea
Josh Bray Republican Nay
Josh Calloway Republican Nay
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Nay
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Not Voting
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Nay
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Not Voting
Steven Rudy Republican Yea
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

Alcoholic Beverages Distilled Spirits Effective Dates, Emergency Malt Beverages Wines and Wineries
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Frequently asked questions

Who sponsors HB 415?
HB 415 is sponsored by A. Koenig, Daniel Fister (Republican), Mark Hart (Republican), Thomas Huff (Republican), C. Massey, P. Pratt, R. Webber, R. Heath, J. Dixon, and Steve Bratcher (Republican).
What is the current status of HB 415?
This bill has been enacted into law. Introduced February 09, 2021. Enacted.
Where can I track HB 415?
Track HB 415 free on One Click Politics — get push/email alerts when it moves.

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