Hospitality Law Blog

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 >

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 >

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 >

Getting More Green from Your Farm: Agritourism

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

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 >

The Intersection of Tourism and Dram Shop Liability

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 >