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McBrayer Blogs

Showing 15 posts in Hospitality and Tourism Law.

Getting More Green from Your Farm: Agritourism

Posted In Agritourism, Hospitality and Tourism Law

For many Kentuckians, farming is a way of life handed down through generations. It’s not just an occupation, but a family calling. In recent years, however, farm margins have been squeezed as operational expenses continue to rise. Kentucky farm revenues have bounced back from a downturn in 2016, but that income sits lower than it did earlier in the decade. Farmers are scrambling to recover lost revenue as commodity prices stagnate, but there may be way to bring more revenue from a farm without producing any more crops or livestock: agritourism. More >

Hospitality Law 2018, Vol. II: Direct Shipping from Kentucky Distilleries and the Quota System

Posted In Hospitality, Hospitality and Tourism Law

In a historic and bold stroke, the Kentucky General Assembly passed a measure on April 2 that is viewed as a tremendous leap forward for the Kentucky bourbon industry.  HB 400, signed by Governor Matt Bevin on April 13, 2018, clears the way for Kentucky distilleries to ship their products directly to the homes of distillery visitors. In light of the booming numbers of tourists flocking to Kentucky distilleries, these provisions are seen as an important way to leverage the interest in Kentucky bourbon and spread the cheer.

Shortly after the passage of HB 400, the General Assembly also passed a bill that codified into statute the quota liquor license scheme that has been a feature of Kentucky alcohol law since the end of prohibition, but had been otherwise slated for elimination by the state’s Alcoholic Beverage Control Board. That bill became law without the signature of Governor Matt Bevin on April 14, 2018.  More >

Hospitality Law Update 2018, Vol. I

Posted In HB 136, Hospitality, Hospitality and Tourism Law

With the 2018 regular legislative session underway in Kentucky, there is certainly the potential for hospitality law to experience significant change as it has for the last several years. HB 136 is one of the pending bills that could have the biggest impact for at least one segment of the hospitality industry; It would relieve some administrative burden on the still rapidly expanding microbrewery industry. The biggest potential change, however, comes from a new proposed regulation by the Department of Alcoholic Beverage Control (“ABC”), 804 KAR 9:051, to repeal the regulations regarding quota retail licenses. The effort to repeal the quota licenses now has the interest of legislators, and that will likely see discussion in the General Assembly. More >

The Intersection of Tourism and Dram Shop Liability

Posted In Hospitality, Hospitality and Tourism Law

It’s not a stretch to link dram shop liability and Kentucky tourism these days. The Kentucky Bourbon Trail and the newfound ability of distilleries and craft producers to serve alcohol themselves have brought this issue into sharper focus. With the boom in alcohol tourism and on-site sampling, alcohol retailers old and new who rely on a steady stream of tourists should understand that with these new powers come new responsibilities, and dram shop liability is law in Kentucky. More >

McBrayer Interview: Hank Phillips, President/CEO of the Kentucky Travel Industry Association

Posted In Hospitality, Hospitality and Tourism Law

Travel and tourism are booming in Kentucky. According to the Kentucky Tourism, Arts and Heritage Cabinet, tourism had a $13.7 billion impact on Kentucky’s economy in 2015 – from 24.6 million visitors coming to Kentucky, making $8.7 billion in direct expenditures. At the same time, Kentucky’s burgeoning tourism destinations have some potential obstacles in serving their guests. To find out more about trends in travel and tourism, I’ve asked Hank Phillips, President and CEO of the Kentucky Travel Industry Association, for insight into the state of travel and tourism in the Commonwealth. More >

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