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 >

Restaurants Have Their Own Set of Healthy at Work Requirements

The Healthy at Work phase of reopening Kentucky businesses gained steam over the past couple of weeks with restaurants scheduled opening for dine-in customers on May 22, 2020. Restaurants must adhere to a set of industry specific guidelines provided by Governor Andy Beshear in addition to a set of minimum requirements which applies to most businesses in Kentucky. The Kentucky ABC also provided updated guidance to clarify that it is still allowing for restaurants to provide alcohol with curbside service, delivery, and carry-out, since restaurants will not be operating at full capacity. 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.

Three BIG Legal Issues for Restaurateurs to Keep from Boiling Over

You have been perfecting your recipes for years, laboriously working over a hot stove and making sure every bit is seasoned, simmered, sautéed, and served to utmost perfection. Your passion is now your business, and your business…well, let’s just say that the chicken isn’t the only thing in your restaurant that can be dangerous when not fully cooked. You’ve trained to be a chef, but you never knew just how complicated running a business could be. Licenses and inspections to set up were tough, but keeping a restaurant running comes with its own buffet of issues.

Relax…let us set before you a three-course meal of legal issues that are specific to the restaurant industry. Think of these as a recipe for making something savory. Let’s dig in! More >