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AN ACT relating to regulated beverages. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 241.010 is amended to read as follows: 3
As used in KRS Chapters 241 to 244, unless the context requires otherwise: 4
(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from 5
whatever source or by whatever process it is produced; 6
(2) "Alcoholic beverage" means every liquid, solid, powder, or crystal, whether 7
patented or not, containing alcohol in an amount in excess of more than one percent 8
(1%) of alcohol by volume, which is fit for beverage purposes. It includes every 9
spurious or imitation liquor sold as, or under any name commonly used for, 10
alcoholic beverages, whether containing any alcohol or not. It does not include the 11
following products: 12
(a) Medicinal preparations manufactured in accordance with formulas prescribed 13
by the United States Pharmacopoeia, National Formulary, or the American 14
Institute of Homeopathy; 15
(b) Patented, patent, and proprietary medicines; 16
(c) Toilet, medicinal, and antiseptic preparations and solutions; 17
(d) Flavoring extracts and syrups; 18
(e) Denatured alcohol or denatured rum; 19
(f) Vinegar and preserved sweet cider; 20
(g) Wine for sacramental purposes; and 21
(h) Alcohol unfit for beverage purposes that is to be sold for legitimate external 22
use; 23
(3) (a) "Alcohol vaporizing device" or "AWOL device" means any device, machine, 24
or process that mixes liquor, spirits, or any other alcohol product with pure 25
oxygen or by any other means produces a vaporized alcoholic product used 26
for human consumption; 27 UNOFFICIAL COPY 25 RS BR 296
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(b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, 1
nebulizer, atomizer, or other device that is designed and intended by the 2
manufacturer to dispense a prescribed or over-the-counter medication or a 3
device installed and used by a licensee under this chapter to demonstrate the 4
aroma of an alcoholic beverage; 5
(4) "Automobile race track" means a facility primarily used for vehicle racing that has a 6
seating capacity of at least thirty thousand (30,000) people; 7
(5) "Barrel-aged and batched cocktail" means an alcoholic beverage that is: 8
(a) Composed of: 9
1. Distilled spirits that have been dispensed from their original sealed 10
container; and 11
2. Other ingredients or alcoholic beverages; 12
(b) Placed into a barrel or container on the premises of a retail licensee; and 13
(c) Dispensed from the barrel or container as a retail sale by the drink; 14
(6) "Bed and breakfast" means a one (1) family dwelling unit that: 15
(a) Has guest rooms or suites used, rented, or hired out for occupancy or that are 16
occupied for sleeping purposes by persons not members of the single-family 17
unit; 18
(b) Holds a permit under KRS Chapter 219; and 19
(c) Has an innkeeper who resides on the premises or property adjacent to the 20
premises during periods of occupancy; 21
(7) "Board" means the State Alcoholic Beverage Control Board created by KRS 22
241.030; 23
(8) "Bottle" means any container which is used for holding alcoholic beverages for the 24
use and sale of alcoholic beverages at retail; 25
(9) "Brewer" means any person who manufactures malt beverages or owns, occupies, 26
carries on, works, or conducts any brewery, either alone or through an agent; 27 UNOFFICIAL COPY 25 RS BR 296
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(10) "Brewery" means any place or premises where malt beverages are manufactured for 1
sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, 2
and storerooms connected with the premises; or where any part of the process of the 3
manufacture of malt beverages is carried on; or where any apparatus connected with 4
manufacture is kept or used; or where any of the products of brewing or 5
fermentation are stored or kept; 6
(11) "Building containing licensed premises" means the licensed premises themselves 7
and includes the land, tract of land, or parking lot in which the premises are 8
contained, and any part of any building connected by direct access or by an 9
entrance which is under the ownership or control of the licensee by lease holdings 10
or ownership; 11
(12) "Cannabinoid" means a compound found in the hemp plant Cannabis sativa L. 12
from a United States Department of Agriculture sanctioned domestic hemp 13
production program and does not include cannabinoids derived from any other 14
substance; 15
(13) (a) "Cannabis-infused beverage" means a properly permitted cannabinoid 16
liquid product intended for human consumption that has intoxicating 17
properties that change the function of the nervous system and results in 18
alterations of perception, cognition, or behavior; 19
(b) A cannabis-infused beverage shall contain no more than: 20
1. Five (5) milligrams of Delta-9 tetrahydrocannabinol; 21
2. Twenty-five (25) milligrams of cannabidiol; 22
3. Twenty-five (25) milligrams of cannabigerol; 23
4. Any combination of the cannabinoids listed in subparagraphs 1., 2., 24
and 3. of this paragraph if each does not exceed the identified limits; 25
and 26
5. A combined total of one-half of one (0.5) milligram of all other 27 UNOFFICIAL COPY 25 RS BR 296
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cannabinoids per serving; and 1
(c) "Cannabis-infused beverage" shall not include: 2
1. Medical cannabis regulated under KRS Chapter 218B; and 3
2. Any type of cannabis or hemp tincture; 4
(14)[(12)] "Caterer" means a person operating a food service business that prepares food 5
in a licensed and inspected commissary, transports the food and alcoholic beverages 6
to the caterer's designated and inspected banquet hall or to an agreed location, and 7
serves the food and alcoholic beverages pursuant to an agreement with another 8
person; 9
(15)[(13)] "Charitable organization" means a nonprofit entity recognized as exempt from 10
federal taxation under section 501(c) of the Internal Revenue Code (26 U.S.C. sec. 11
501(c)) or any organization having been established and continuously operating 12
within the Commonwealth of Kentucky for charitable purposes for three (3) years 13
and which expends at least sixty percent (60%) of its gross revenue exclusively for 14
religious, educational, literary, civic, fraternal, or patriotic purposes; 15
(16)[(14)] "Cider" means any fermented fruit-based beverage containing seven percent 16
(7%) or more alcohol by volume and includes hard cider and perry cider; 17
(17)[(15)] "City administrator" means city alcoholic beverage control administrator; 18
(18)[(16)] "Commercial airport" means an airport through which more than five hundred 19
thousand (500,000) passengers arrive or depart annually; 20
(19)[(17)] (a) "Commercial quadricycle" means a vehicle equipped with a minimum 21
of ten (10) pairs of fully operative pedals for propulsion by means of human 22
muscular power and which: 23
1. Has four (4) wheels; 24
2. Is operated in a manner similar to that of a bicycle; 25
3. Is equipped with a minimum of thirteen (13) seats for passengers; 26
4. Has a unibody design; 27 UNOFFICIAL COPY 25 RS BR 296
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5. Is equipped with a minimum of four (4) hydraulically operated brakes; 1
6. Is used for commercial tour purposes; 2
7. Is operated by the vehicle owner or an employee of the owner; and 3
8. Has an electrical assist system that shall only be used when traveling to 4
or from its storage location while not carrying passengers. 5
(b) A "commercial quadricycle" is not a motor vehicle as defined in KRS 186.010 6
or 189.010; 7
(20)[(18)] "Commissioner" means the commissioner of the Department of Alcoholic 8
Beverage Control; 9
(21)[(19)] "Consumer" means a person, persons, or business organization who purchases 10
alcoholic beverages and who: 11
(a) Does not hold a license or permit issued by the department; 12
(b) Purchases the alcoholic beverages for personal consumption only and not for 13
resale; 14
(c) Is of lawful drinking age; and 15
(d) Receives the alcoholic beverages in territory where the alcoholic beverages 16
may be lawfully sold or received; 17
(22)[(20)] "Convention center" means any facility which, in its usual and customary 18
business, provides seating for a minimum of one thousand (1,000) people and offers 19
convention facilities and related services for seminars, training and educational 20
purposes, trade association meetings, conventions, or civic and community events 21
or for plays, theatrical productions, or cultural exhibitions; 22
(23)[(21)] "Convicted" and "conviction" means a finding of guilt resulting from a plea of 23
guilty, the decision of a court, or the finding of a jury, irrespective of a 24
pronouncement of judgment or the suspension of the judgment; 25
(24)[(22)] "County administrator" means county alcoholic beverage control 26
administrator; 27 UNOFFICIAL COPY 25 RS BR 296
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(25)[(23)] "Department" means the Department of Alcoholic Beverage Control; 1
(26)[(24)] "Dining car" means a railroad passenger car that serves meals to consumers 2
on any railroad or Pullman car company; 3
(27)[(25)] "Discount in the usual course of business" means price reductions, rebates, 4
refunds, and discounts given by wholesalers to distilled spirits and wine retailers 5
pursuant to an agreement made at the time of the sale of the merchandise involved 6
and are considered a part of the sales transaction, constituting reductions in price 7
pursuant to the terms of the sale, irrespective of whether the quantity discount was: 8
(a) Prorated and allowed on each delivery; 9
(b) Given in a lump sum after the entire quantity of merchandise purchased had 10
been delivered; or 11
(c) Based on dollar volume or on the quantity of merchandise purchased; 12
(28)[(26)] "Distilled spirits" or "spirits" means any product capable of being consumed 13
by a human being which contains alcohol obtained by distilling, mixed with water 14
or other substances in solution, except wine, hard cider, and malt beverages; 15
(29)[(27)] "Distiller" means any person who is engaged in the business of manufacturing 16
distilled spirits at any distillery in the state and is registered in the Office of the 17
Collector of Internal Revenue for the United States at Louisville, Kentucky; 18
(30)[(28)] "Distillery" means any place or premises where distilled spirits are 19
manufactured for sale, and which are registered in the office of any collector of 20
internal revenue for the United States. It includes any United States government 21
bonded warehouse; 22
(31)[(29)] "Distributor" means any person who distributes malt beverages for the 23
purpose of being sold at retail; 24
(32)[(30)] "Dry" means a territory in which a majority of the electorate voted to prohibit 25
all forms of retail alcoholic beverage[alcohol] sales through a local option election 26
held under KRS Chapter 242; 27 UNOFFICIAL COPY 25 RS BR 296
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(33)[(31)] "Election" means: 1
(a) An election held for the purpose of taking the sense of the people as to the 2
application or discontinuance of alcoholic beverage sales under KRS Chapter 3
242; or 4
(b) Any other election not pertaining to alcoholic beverages[alcohol]; 5
(34)[(32)] "Horse racetrack" means a facility licensed to conduct a horse race meeting 6
under KRS Chapter 230; 7
(35)[(33)] "Hotel" means a hotel, motel, or inn for accommodation of the traveling 8
public, designed primarily to serve transient patrons; 9
(36)[(34)] "Investigator" means any employee or agent of the department who is 10
regularly employed and whose primary function is to travel from place to place for 11
the purpose of visiting licensees, and any employee or agent of the department who 12
is assigned, temporarily or permanently, by the commissioner to duty outside the 13
main office of the department at Frankfort, in connection with the administration of 14
alcoholic beverage statutes; 15
(37)[(35)] "License" means any license issued pursuant to KRS Chapters 241 to 244; 16
(38)[(36)] "Licensee" means any person to whom a license has been issued, pursuant to 17
KRS Chapters 241 to 244; 18
(39)[(37)] "Limited restaurant" means: 19
(a) A facility where the usual and customary business is the preparation and 20
serving of meals to consumers, which has a bona fide kitchen facility, which 21
receives at least seventy percent (70%) of its food and alcoholic beverage 22
receipts from the sale of food, which maintains a minimum seating capacity of 23
fifty (50) persons for dining, which has no open bar, which requires that 24
alcoholic beverages be sold in conjunction with the sale of a meal, and which 25
is located in a wet or moist territory under KRS 242.1244; or 26
(b) A facility where the usual and customary business is the preparation and 27 UNOFFICIAL COPY 25 RS BR 296
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serving of meals to consumers, which has a bona fide kitchen facility, which 1
receives at least seventy percent (70%) of its food and alcoholic beverage 2
receipts from the sale of food, which maintains a minimum seating capacity of 3
one hundred (100) persons of dining, and which is located in a wet or moist 4
territory under KRS 242.1244; 5
(40)[(38)] "Local administrator" means a city alcoholic beverage control administrator, 6
county alcoholic beverage control administrator, or urban-county alcoholic 7
beverage control administrator; 8
(41)[(39)] "Malt beverage" means any fermented undistilled alcoholic beverage of any 9
name or description, manufactured from malt wholly or in part, or from any 10
substitute for malt, and includes weak cider; 11
(42)[(40)] "Manufacture" means distill, rectify, brew, bottle, and operate a winery; 12
(43)[(41)] "Manufacturer" means a winery, distiller, rectifier, or brewer, and any other 13
person engaged in the production or bottling of alcoholic beverages; 14
(44)[(42)] "Marina" means a dock or basin providing moorings for boats and offering 15
supply, repair, or other services for remuneration; 16
(45)[(43)] "Minor" means any person who is not twenty-one (21) years of age or older; 17
(46)[(44)] "Moist" means a territory in which a majority of the electorate voted to permit 18
limited alcoholic beverage[alcohol] sales by any one (1) or a combination of 19
special limited local option elections authorized by KRS Chapter 242; 20
(47)[(45)] "Population" means the population figures established by the federal 21
decennial census for a census year or the current yearly population estimates 22
prepared by the Kentucky State Data Center, Urban Studies Center of the 23
University of Louisville, Louisville, Kentucky, for all other years; 24
(48)[(46)] "Premises" means the land and building in and upon which any business 25
regulated by alcoholic beverage statutes is operated or carried on. "Premises" shall 26
not include as a single unit two (2) or more separate businesses of one (1) owner on 27 UNOFFICIAL COPY 25 RS BR 296
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the same lot or tract of land, in the same or in different buildings if physical and 1
permanent separation of the premises is maintained, excluding employee access by 2
keyed entry and emergency exits equipped with crash bars, and each has a separate 3
public entrance accessible directly from the sidewalk or parking lot. Any licensee 4
holding an alcoholic beverage license on July 15, 1998, shall not, by reason of this 5
subsection, be ineligible to continue to hold his or her license or obtain a renewal, 6
of the license; 7
(49)[(47)] "Primary source of supply" or "supplier" means the distiller, winery, brewer, 8
producer, owner of the commodity at the time it becomes a marketable product, 9
bottler, or authorized agent of the brand owner. In the case of imported products, 10
the primary source of supply means either the foreign producer, owner, bottler, or 11
agent of the prime importer from, or the exclusive agent in, the United States of the 12
foreign distiller, producer, bottler, or owner; 13
(50)[(48)] "Private club" means a nonprofit social, fraternal, military, or political 14
organization, club, or nonprofit or for-profit entity maintaining or operating a club 15
room, club rooms, or premises from which the general public is excluded; 16
(51)[(49)] "Private selection event" means a private event with a licensed distiller during 17
which participating consumers, retail licensees, wholesalers, distributors, or a 18
distillery's own representatives select a single barrel or a blend of barrels of the 19
distiller's products to be specially packaged for the participants; 20
(52)[(50)] "Private selection package" means a bottle of distilled spirits sourced from the 21
barrel or barrels selected by participating consumers, retail licensees, wholesalers, 22
distributors, microbreweries that hold a quota retail drink or quota retail package 23
license, or a distillery's own representatives during a private selection event; 24
(53)[(51)] "Public nuisance" means a condition that endangers safety or health, is 25
offensive to the senses, or obstructs the free use of property so as to interfere with 26
the comfortable enjoyment of life or property by a community or neighborhood or 27 UNOFFICIAL COPY 25 RS BR 296
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by any considerable number of persons; 1
(54)[(52)] "Qualified historic site" means: 2
(a) A contributing property with dining facilities for at least fifty (50) persons at 3
tables, booths, or bars where food may be served within a commercial district 4
listed in the National Register of Historic Places; 5
(b) A site that is listed as a National Historic Landmark or in the National 6
Register of Historic Places with dining facilities for at least fifty (50) persons 7
at tables, booths, or bars where food may be served; 8
(c) A distillery which is listed as a National Historic Landmark and which 9
conducts souvenir retail package sales under KRS 243.0305; or 10
(d) A not-for-profit or nonprofit facility listed on the National Register of Historic 11
Places; 12
(55)[(53)] "Rectifier" means any person who rectifies, purifies, or refines distilled 13
spirits, malt, or wine by any process other than as provided for on distillery 14
premises, and every person who, without rectifying, purifying, or refining distilled 15
spirits by mixing alcoholic beverages with any materials, manufactures any 16
imitations of or compounds liquors for sale under the name of whiskey, brandy, gin, 17
rum, wine, spirits, cordials, bitters, or any other name; 18
(56)[(54)] "Repackaging" means the placing of alcoholic beverages in any retail 19
container irrespective of the material from which the container is made; 20
(57)[(55)] "Restaurant" means a facility where the usual and customary business is the 21
preparation and serving of meals to consumers, that has a bona fide kitchen facility, 22
and that receives at least fifty percent (50%) of its food and alcoholic beverage 23
receipts from the sale of food at the premises; 24
(58)[(56)] "Retail container" means any bottle, can, barrel, or other container which, 25
without a separable intermediate container, holds alcoholic beverages and is 26
suitable and destined for sale to a retail outlet, whether it is suitable for delivery or 27 UNOFFICIAL COPY 25 RS BR 296
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shipment to the consumer or not; 1
(59)[(57)] "Retail sale" means any sale of alcoholic beverages to a consumer, including 2
those transactions taking place in person, electronically, online, by mail, or by 3
telephone; 4
(60)[(58)] "Retailer" means any licensee who sells and delivers any alcoholic beverage 5
to consumers, except for manufacturers with limited retail sale privileges and direct 6
shipper licensees; 7
(61)[(59)] "Riverboat" means any boat or vessel with a regular place of mooring in this 8
state that is licensed by the United States Coast Guard to carry forty (40) or more 9
passengers for hire on navigable waters in or adjacent to this state; 10
(62)[(60)] "Sale" means any transfer, exchange, or barter for consideration, and includes 11
all sales made by any person, whether principal, proprietor, agent, servant, or 12
employee, of any alcoholic beverage; 13
(63)[(61)] "Service bar" means a bar, counter, shelving, or similar structure used for 14
storing or stocking supplies of alcoholic beverages that is a workstation where 15
employees prepare alcoholic beverage drinks to be delivered to customers away 16
from the service bar; 17
(64)[(62)] "Sell" includes solicit or receive an order for, keep or expose for sale, keep 18
with intent to sell, and the delivery of any alcoholic beverage; 19
(65)[(63)] "Small farm winery" means a winery whose wine production is not less than 20
two hundred fifty (250) gallons and not greater than five hundred thousand 21
(500,000) gallons in a calendar year; 22
(66)[(64)] "Souvenir package" means a special package of distilled spirits available from 23
a licensed retailer that is: 24
(a) Available for retail sale at a licensed Kentucky distillery where the distilled 25
spirits were produced or bottled; or 26
(b) Available for retail sale at a licensed Kentucky distillery but produced or 27 UNOFFICIAL COPY 25 RS BR 296
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bottled at another of that distiller's licensed distilleries in Kentucky; 1
(67)[(65)] "State administrator" or "administrator" means the distilled spirits 2
administrator or the malt beverages administrator, or both, as the context requires; 3
(68)[(66)] "State park" means a state park that has a: 4
(a) Nine (9) or eighteen (18) hole golf course; or 5
(b) Full-service lodge and dining room; 6
(69)[(67)] "Supplemental bar" means a bar, counter, shelving, or similar structure used 7
for serving and selling distilled spirits or wine by the drink for consumption on the 8
licensed premises to guests and patrons from additional locations other than the 9
main bar; 10
(70)[(68)] "Territory" means a county, city, district, or precinct; 11
(71)[(69)] "Urban-county administrator" means an urban-county alcoholic beverage 12
control administrator; 13
(72)[(70)] "Valid identification document" means an unexpired, government-issued form 14
of identification that contains the photograph and date of birth of the individual to 15
whom it is issued; 16
(73)[(71)] "Vehicle" means any device or animal used to carry, convey, transport, or 17
otherwise move alcoholic beverages or any products, equipment, or appurtenances 18
used to manufacture, bottle, or sell these beverages; 19
(74)[(72)] "Vintage distilled spirit" means: 20
(a) A private selection package; or 21
(b) A package or packages of distilled spirits that: 22
1. Are in their original manufacturer's unopened container; 23
2. Are not owned by a distillery; and 24
3. Are not otherwise available for purchase from a licensed wholesaler 25
within the Commonwealth; 26
(75)[(73)] (a) "Vintage distilled spirits seller" means a nonlicensed person at least 27 UNOFFICIAL COPY 25 RS BR 296
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twenty-one (21) years of age who is: 1
1. An administrator, executor, receiver, or other fiduciary who receives and 2
sells vintage distilled spirits in execution of the person's fiduciary 3
capacity; 4
2. A creditor who receives or takes possession of vintage distilled spirits as 5
security for, or in payment of, debt, in whole or in part; 6
3. A public officer or court official who levies on vintage distilled spirits 7
under order or process of any court or magistrate to sell the vintage 8
distilled spirits in satisfaction of the order or process; or 9
4. Any other person not engaged in the business of selling alcoholic 10
beverages. 11
(b) "Vintage distilled spirits seller" does not mean: 12
1. A person selling alcoholic beverages as part of an approved KRS 13
243.630 transfer; or 14
2. A person selling alcoholic beverages as authorized by KRS 243.540; 15
(76)[(74)] "Warehouse" means any place in which alcoholic beverages are housed or 16
stored; 17
(77)[(75)] "Weak cider" means any fermented fruit-based beverage containing more than 18
one percent (1%) but less than seven percent (7%) alcohol by volume; 19
(78)[(76)] "Wet" means a territory in which a majority of the electorate voted to permit 20
all forms of retail alcoholic beverage[alcohol] sales by a local option election under 21
KRS 242.050 or 242.125 on the following question: "Are you in favor of the sale of 22
alcoholic beverages in (name of territory)?"; 23
(79)[(77)] "Wholesale sale" means a sale to any person for the purpose of resale; 24
(80)[(78)] "Wholesaler" means any person who distributes alcoholic beverages for the 25
purpose of being sold at retail, but it shall not include a subsidiary of a 26
manufacturer or cooperative of a retail outlet; 27 UNOFFICIAL COPY 25 RS BR 296
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(81)[(79)] "Wine" means the product of the normal alcoholic fermentation of the juices 1
of fruits, with the usual processes of manufacture and normal additions, and 2
includes champagne and sparkling and fortified wine of an alcoholic content not to 3
exceed twenty-four percent (24%) by volume. It includes sake, cider, hard cider, 4
and perry cider and also includes preparations or mixtures vended in retail 5
containers if these preparations or mixtures contain not more than fifteen percent 6
(15%) of alcohol by volume. It does not include weak cider; and 7
(82)[(80)] "Winery" means any place or premises in which wine is manufactured from 8
any fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials 9
are compounded, except a place or premises that manufactures wine for sacramental 10
purposes exclusively. 11
SECTION 2. A NEW SECTION OF KRS CHAPTER 243 IS CREATED TO 12
READ AS FOLLOWS: 13
The manufacture, distribution, and retail sale of cannabis-infused beverages 14
containing any cannabinoids shall be regulated by the Department for Public Health 15
under KRS Chapter 217. 16
Section 3. KRS 217.039 is amended to read as follows: 17
(1) As used in this section: 18
(a) "Cannabidiol" means a non-psychoactive cannabinoid found in the hemp 19
plant Cannabis sativa which has the chemical name 2-[(1R,6R)-3-methyl-6-20
prop-1-en-2-ylcyclohex-2-en-1-yl]-5-pentylbenzene-1,3-diol; 21
(b) "Certificate of analysis" means a document produced by a laboratory that has 22
been accredited pursuant to standards of the International Organization for 23
Standardization, attesting to the composition of a product. The certificate of 24
analysis shall include but not be limited to the amount of delta-9 25
tetrahydrocannabinol, the amount of other cannabinoids, the amount of 26
pesticide residues, the amount of heavy metal traces, the amount of mycotoxin 27 UNOFFICIAL COPY 25 RS BR 296
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contaminants, the amount of residual solvents, and the amount of 1
microbiological contaminants; 2
(c) "Hemp" has the same meaning as in KRS 260.850; and 3
(d) "Quick response code" or "QR code" means a type of machine-readable, two 4
(2) dimensional bar code that stores information about a product. 5
(2) A manufacturer or processor of ingestible or cosmetic cannabidiol products located 6
in Kentucky shall: 7
(a) Be permitted as a food manufacturer or a cosmetic manufacturer by the 8
cabinet and shall provide the following information: 9
1. The name of the manufacturer or processor and the physical address 10
where production or processing occurs; and 11
2. A listing of the cannabidiol products to be produced or processed; and 12
(b) Obtain a certificate of analysis for all cannabidiol products to be sold or 13
otherwise distributed in the Commonwealth. 14
(3) All ingestible or cosmetic cannabidiol products sold or otherwise distributed in the 15
Commonwealth shall bear labeling to allow the consumer to access information on 16
the product, including a certificate of analysis for the product, the location where 17
the hemp was grown, and the address and phone number of the manufacturer or 18
distributor using the following: 19
(a) A scannable bar code, including the batch number or serial number of the 20
product; 21
(b) A QR code; or 22
(c) A Web address linked to a document or Web site. 23
(4) No product labeling or advertising material for any ingestible or cosmetic 24
cannabidiol product sold or otherwise distributed in the Commonwealth shall bear 25
any claims stating that the product can diagnose, treat, cure, or prevent any disease. 26
(5) The cabinet shall promulgate administrative regulations to establish labeling 27 UNOFFICIAL COPY 25 RS BR 296
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requirements for ingestible or cosmetic cannabidiol products in accordance with the 1
provisions of this section. 2
(6) This section shall apply to any cannabis-infused beverages containing 3
cannabinoids as defined in Section 1 of this Act. 4
Section 4. KRS 243.034 is amended to read as follows: 5
(1) A limited restaurant license may be issued to an establishment meeting the 6
definition criteria established in KRS 241.010(39)[(37)] as long as the 7
establishment is within: 8
(a) Any wet territory; or 9
(b) Any moist precinct that has authorized the sale of alcoholic beverages under 10
KRS 242.1244. 11
(2) A limited restaurant license shall authorize the licensee to purchase, receive, 12
possess, and sell alcoholic beverages at retail by the drink for consumption on the 13
licensed premises or off-premises consumption pursuant to KRS 243.081. The 14
licensee shall purchase alcoholic beverages only from licensed wholesalers or 15
distributors. The license shall not authorize the licensee to sell alcoholic beverages 16
by the package. 17
(3) The holder of a limited restaurant license shall maintain at least seventy percent 18
(70%) of its gross receipts from the sale of food and maintain the minimum 19
applicable seating requirement required for the type of limited restaurant license. 20
(4) A limited restaurant as defined by KRS 241.010(39)[(37)](a) shall: 21
(a) Only sell alcoholic beverages incidental to the sale of a meal; and 22
(b) Not have an open bar and shall not sell alcoholic beverages to any person who 23
has not purchased or does not purchase a meal. 24
Section 5. KRS 243.0341 is amended to read as follows: 25
(1) Notwithstanding any other provision of law, the following local governments may 26
elect to act under this section: 27 UNOFFICIAL COPY 25 RS BR 296
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(a) Any city or county that conducted an election under KRS 242.1244(2) prior to 1
January 1, 2016, for by the drink sales of alcoholic beverages in restaurants 2
and dining facilities seating one hundred (100) persons or more; or 3
(b) Any city with limited sale precincts created pursuant to KRS 242.1292 prior 4
to July 14, 2022. 5
(2) Upon a determination by the legislative body of a city or county that: 6
(a) An economic hardship exists within the city or county; and 7
(b) Expanded sales of alcoholic beverages by the drink could aid in economic 8
growth; 9
the city or county may, after conducting a public hearing that is noticed to the 10
public in accordance with the KRS Chapter 424, adopt an ordinance authorizing by 11
the drink sales of alcoholic beverages in restaurants and dining facilities containing 12
seating for at least fifty (50) persons and meeting the requirements of subsection (3) 13
of this section. 14
(3) The ordinance enacted by a city or county pursuant to subsection (2) of this section 15
shall authorize the sale of alcoholic beverages under the following limitations: 16
(a) Sales shall only be conducted in restaurants and other dining facilities meeting 17
the requirements of KRS 241.010(39)[(37)](a); and 18
(b) The provisions of KRS 243.034 shall apply to any restaurant or dining facility 19
operating under a license issued pursuant to this section. 20
(4) A city or county acting under this section may allow limited restaurant sales as 21
defined in KRS 241.010(39)[(37)]. 22
(5) The enactment of an ordinance under this section shall not: 23
(a) Modify the city's or county's ability to issue a limited restaurant license to 24
restaurants or other dining facilities meeting the requirements of KRS 25
241.010(39)[(37)](b); or 26
(b) Affect, alter, or otherwise impair any license previously issued to a restaurant 27 UNOFFICIAL COPY 25 RS BR 296
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or dining facility meeting the requirements of KRS 241.010(39)[(37)](b). 1