Hospitality Law Blog

Kentucky General Assembly Makes Cocktails-To-Go Privileges Permanent

One of the many pandemic-inspired ad hoc measures enacted last year to support restaurants and provide much needed merriment for beleaguered patrons has now become a permanent feature of Kentucky law – the cocktail-to-go. SB 67 was signed into law by Kentucky Gov. Beshear on March 15^th featuring an emergency clause thereby rendering it immediately effective. More >

Alcohol Producers, Take Note: Direct To Consumer Sales and Shipping Privileges Enhanced

On February 26^th, the Kentucky House of Representatives overwhelmingly passed legislation that significantly enhances and expands in-state and out-of-state manufacturers’ ability to directly ship their products in and out of Kentucky. The legislation quickly passed the Kentucky Senate and was signed into law by Governor Andy Beshear on March 11^th.  Because the bill contains an emergency clause, nearly all its provisions became effective immediately upon the Governor’s signing. More >

Legislative Session Ends with Passage of Alcohol Regulation Changes – Senate Bill 99

On April 15th, the day the Kentucky legislative session ended, the Kentucky Senate approved and forwarded Senate Bill 99 to Governor Beshear for his expected signature. While the bill has been overshadowed by House Bill 415 and the COVID-19 emergency, the bill’s impact on the Commonwealth’s alcohol industry is fairly substantial. More >

Relief for Wholesalers and Distributors

After a flurry of executive orders and legislative action by Kentucky’s Governor and General Assembly to provide relief for hard hit alcohol retailers, at the request of our firm on behalf of distributor and wholesaler clients, the Kentucky Public Protection Cabinet and Department of Alcoholic Beverage Control issued a new Order, effective April 8th, extending the hours that malt beverage distributors and wine and spirits wholesalers may deliver product to the retailers to “any time of the day that the retailer is ready, able and voluntarily willing to accept deliveries of product.” This Order will allow distributors and wholesalers to deliver product to retailers outside the existing restricted hours mandated by state statute and local ordinances, which will hopefully minimize the spread of Coronavirus and allow these middle tier industry members to more efficiently and safely manage their workforce.

More >

Provisions of New Kentucky Law, SB 150, Allow for Sales by the Drink Deliveries and Take-Out

On Thursday, March 26, 2020, Kentucky’s response to the coronavirus crisis took an odd turn in the Kentucky legislature with the passage of a bill that will now allow patrons to purchase, for carryout or delivery, alcohol by the drink. UPDATE - Gov. Beshear signed the bill on March 30th. More >

Kentucky Public Protection Cabinet Extends Package Sales Privileges to By-the-Drink Licensees

A Comprehensive Kentucky Update More >

Kentucky Bill May Provide Relief to Alcohol Sellers: Carryout Privileges and Suspended Fees

Alcohol By the Drink Carryout Privileges; Waivers for Fees and Deadlines for Applications and Renewals

New developments in Kentucky today include the following:  on March 19^th, the Kentucky House of Representatives passed legislation that, if approved by the Senate, will grant to relief to restaurants holding licenses to sell alcoholic beverages by the drink, who, for a period of time, would be able to sell alcoholic beverages on a delivery, to-go, or take-out basis in conjunction with food sales. Covered or sealed drinks that are ordered under these provisions would not be considered open containers. More >

Gov. Beshear Orders all Public-Facing Businesses to Close

3/17/20 -Kentucky’s Governor Beshear has signed an additional executive order closing down businesses beyond the initial wave of restaurant and bar closures.  More >

Gov. Beshear Executive Order Restricts Onsite Consumption of Food and Alcohol

Monday, March 16, 2020, Kentucky’s Governor Beshear signed an executive order restricting the sale of food, beverages, and all alcoholic beverages to carry-out, delivery and drive thru, prohibiting onsite consumption. In addition, the order mandates social distancing of six feet for patrons and employees engaging in carry-out, delivery and drive-thru services. At this time, the Kentucky Alcoholic Beverage Control board has not offered guidance on how the order will impact its operations and whether it will grant relief in licensing, renewal, and/or operations of affected Kentucky licensees. The continued closure of services has also caused Churchill Downs to reschedule the 146th Kentucky Derby from May 2nd to September 5th, the first time the Derby has been postponed since 1945.

Stephen G. Amato is a Member of McBrayer law. Mr. Amato focuses his practice in the areas of hospitality law, civil litigation, employment law, and administrative law, and is located in the firm's Lexington office. He can be reached at samato@mcbrayerfirm.com or 
(859) 231-8780, ext. 1104. 

Services may be performed by others.

This article does not constitute legal advice.

HB 256: BYOB in Dry and Moist Territory

Unlike the past several years, 2019’s legislative session did not produce major legislation regarding alcohol regulation. What it did produce, HB 256, is a very significant law change but it’s not a dramatic change for the alcohol industry (like 2018’s HB 400, allowing direct shipping of distilled spirits to the homes of distillery visitors), nor is it a large modernization or streamlining of regulations (such as 2017’s HB 100 and HB 133). Instead, the impact of HB 256 is a significant policy change to dry territories. The bill allows for the private possession and consumption of alcoholic beverages in dry or moist territories without a vote of vote of its residents, a protection provided by the Kentucky Constitution. More >