Sale of alcohol without a license

You cannot do mason jars. Growlers refillable containers are also prohibited for retail licensees. There are a number of application forms to be completed.

The fees and procedures are different if you plan to take over an existing licensed establishment. That would require opening escrow and other things. Also, for a new business, be sure to check with your local planning department to ensure you are zoned properly.

Your concept might require a conditional use permit from the city. The purposes of this business would be to serve beer on tap for on premisis consumption, to serve beer into portable containers such as mason jars to be enjoyed at home and bottle sales for on or off premisis consumption. With this in mind, could you please help me in figuring out which license s according to the California Department of Alcoholic Beverage Control? I work for a private, non-profit secondary school in CA.

We also have students on the premises providing entertainment singing. It seems to me that because we charge admission, we ought to be getting a license. Do I need to be pushing for our school to obtain this license for our event?

And does it matter who serves the wine? If we have the special event license, would it be okay to have parent volunteers serving or do we need to have a licensed bartender? Consideration means direct payment, charging of admission, sale of tickets, etc. To apply, use form Form ABC Non-profit organizations would qualify for this license, but would have to show proof of non-profit status.

Normally alcoholic beverages are not permitted on school premises. However, that law does not apply to private schools. An experienced, professional bartender is not required, but a good idea.

Anyone age 21 or older could serve the wine. However, keep in mind that the liability for the volunteer is the same as that of a professional bartender; i. In addition to training, it is a good idea to develop some written alcohol policies for your event to reduce risk of problems. Again, the ABC offers sample policies on their website which can be adapted to any situation.

Any help would be greatly appreciated. Do you need a liquor license if you are a Private club that is not charging for alcohol? Trisha, No, she cannot. The licensee may not sell the product to retailers or consumers. Hello, I am curious about something. Someone I know is making, bottling and selling a homemade Kahlua recipe in CA. Can she do this without a license? A business that is licensed only to sell beer can only have beer on the premises.

No wine or spirits are allowed under any circumstances. This is a correction to my previous, erroneous response. Man, am I glad I came across your blog!

Very interesting and useful information. Even as an attorney, I find the alcohol regulations very complicated. I am planning my wedding reception and one of the venues we are looking at currently holds a Type 23 ABC license. I have tried numerous cities with the same result. I am hoping that this is an error with the ABC website, and not a reflection of how few Type 58 licensed business are out there. However, charter busses are not specifically exempt.

Section b of the same code defines a charter bus as a motor vehicle carrying more than 10 passengers, including the driver. Service of alcoholic beverages in limousine or hot air balloon.

Limousine, hot air balloon ride services serving alcoholic beverages. For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.

For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served. By the way, Section It was amended in to include hot air balloon ride services. You pay to ride the bus but the alchohol is complimentary. The charter bus company falls under the Public Utilities Commission guidelines.

This is along the same lines as renting a limo and receiving free champagne on ice. I know recently that hot air ballon operators were granted an exemption from ABC laws so that they can serve alcohol with out a permit. Can you shed some light on the legalities of this? Nasim — Sounds like you may have experienced a Minor Decoy investigation at your store? Your website has inspired me to really totally rethink my way of writing. I have to tell you I appreciate your great work. Scenario 2 is the only way to keep this legal, but the catering company must sell the liquor, not just serve it.

All the profits from the alcohol must go to the catering company. Hi, we are thinking to rent out our big house to private events. The private event will serve alcohol to their invited only guests and their will be no minors allowed to the event. Can we offer alcohol without license as follows: 1 Have the client purchase liquor for the event via a completely independent transaction and our staff serve?

Read them through and remember: for a citation to hold up in Court, all the elements of the crime must exist. People v. I was having a private event gallery showing for members of my private club. We were not selling anything, charging admissions, asking for donations or even charging membership fees.

I was cited for serving alcohol without a permit because there was one box of wine on our beverage table which did not have a bartender or anything formal and the door to the gallery was left open. Is there any way to get out of this completely or at least argue to try to get my fine reduced when I appear in court? Hi Lauren: Thank you for your response to my question Thanks again — Jeff. Jeff, No license is required unless the product meets the legal definition of an alcoholic beverage.

So, anything with less than 0. Pauli NA, and fermented beverages such as Ariel de-alcoholized wines. However, the California Department of Alcoholic Beverage Control recommends that licensed establishments NOT sell these non-alcoholic beverages to minors because they look and smell like the real thing.

Therefore, there can be a public or law enforcement officer perception that the place is selling alcohol to underage people. Also, be aware that individual cities and counties might enact stricter local ordinances than what state law says. For example, they might have a local ordinance that prohibits selling non-alcoholic beverages to minors.

Thanks for your time — Jeff. Does the state require a day permit if you host a private party, charge admission before hand and then serve alcohol on the premises, not sell it directly? What do you do, and what do you receive from the groups? Hello, I host private parties at a hall…I dont have a liquour license… so I do not sell the liqour or serve it or nothing…But i always let the people private party people know they can bring in their own alcohol, but they are responsible to serve it and to whom the serve it… is this legal?

A daily on-sale general license may only be issued to: 1 a political party or affiliate supporting a candidate for public office or a ballot measure 2 an organization formed for a specific charitable or civic purpose 3 a fraternal organization in existence for over 5 years with a regular membership 4 a religious organization. Is there a way to obtain a daily on-sale general license in California without filing under a qualified non-profit organization?

Thank you so much for the information, Lauren. Or the fact that it used to serve liquor in the past? Thanks again! The law that applies in your case is Section This law discusses when a license or permit is required. It reads, in pertinent part:.

That there is no sale of an alcoholic beverage 2. That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of 3. That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages [Emphasis added. I assume the space is not licensed by the Department of Alcoholic Beverage Control. If it is, this complicates things. If the space is not licensed, then your idea is feasible.

However, as an individual ABC could not issue you a license or permit for an event. The only legal way to have your private party is BYOB or have the alcohol catered by a licensed caterer.

Check IDs. Have plenty of high-protein food or snacks available to slow intoxication. Have non-alcoholic beverages available. If someone does become intoxicated, ensure a safe ride home. Many cities especially in San Diego County have adopted social host ordinances to help reduce problems linked to underage drinking.

Not fun. Hi, Im in a rush to find out these regulations for a party on the 10th. It is in a space that belongs to a non-profit org and it is a private party. Or can I allow friends to byob? It is feasible to purchase an existing restaurant and its beer and wine license, even if it has been closed. And of course, change the name. The ABC fees are minimal for the transfer of a beer and wine license.

A new Type 41 license includes much more red tape. Other fees may include broker fees vary , escrow and processing fees est. To get started, you may want to contact a business opportunity broker. Then open escrow and place ALL funds into escrow, whether it be cash, checks, or promissory notes. No monies can be paid outside of escrow. Once your forms are filled out, call ABC for an appointment to file your application to transfer the license or file your application by mail.

Once ABC receives your application forms and fees, they will provide you with a notice to post on the new building, a notice to publish in the newspaper and other documents. They then assign the case to an ABC rep for investigation. Escrow cannot close until ABC completes its investigation and approves the license transfer.

There are more details, but these are the basics. Thank you for writing and good luck with everything. Any licensee —whether it be a general partnership, corporation, limited partnership, or limited liability company—who undergoes an ownership change,should report that change to their ABC district office.

ABC may require the licensee to file an application to actually transfer the license which involves posting the premises, publishing in the newspaper, etc. In any event, Rule From there, the matter will be assigned to an ABC rep who will investigate the qualifications of the new person. Be aware of any notary requirements on the ABC forms. I hope this helps and thanks for your question. If you add a new officer to your license do you have to post that change? Thanks, Jeff. Hi Lauren, My wife and I are interested in moving our restaurant of 11 years.

In doing so we are looking at a restaurant that is for sell, in a different location. There is a type 41 beer and wine liquor license already at that prospective new location. It has been closed for 2 weeks. When we move in we would like to change the name and take over the liquor license. I was wondering before we move forward in negotiations : A. Our restaurant does not currently have a liquor license. Thank you very much for your time, I look forward to getting your advise.

Thank you, Christopher. It is too difficult to monitor how much alcohol they have consumed or where else the alcohol might be going; e. As for liquor distilled spirits , it is not legal for the public to bring their own liquor onto a beer and wine licensed premises.

In addition, your beer and wine license could be suspended or revoked. A fundraiser that sells alcoholic beverage would definitely require a license or permit. Depending upon the type of organization you are, you may also qualify for a Daily General license to sell beer, wine AND spirits. You could also have an existing licensed caterer handle the alcohol. Yes, you can sell tickets to the event. There are a number of alcohol-related laws, rules and regulations dealing with licensing and compliance for special events.

A few major concerns are:. There are also restrictions on alcohol supplier participation in sponsorships and advertising. For example, servers should be age 21 or older and receive responsible beverage service training from a state-certified program.

ABC also may impose conditions restrictions on sales in some cases. If the event is outdoors, sales and service of alcohol must be confined to a defined area. For example, before issuing a Special Daily license or Daily General license, the ABC requires approval and sign-off from the local law enforcement agency.

Also, the city may have other requirements. So, you should discuss these things with the appropriate city department:. The sponsor may also have to obtain liquor liability insurance. In summary, there is a lot of planning involved to keep your event safe and legal.

I would like to know how to hold a fundraiser that sells alcoholic beverages and may have some dancing in Los Angeles CA.

I would like to make sure no laws are broken and we can continue to have fundraisers as needed max4 a year? What do I need to be legit?

I know I can apply for a temp permit with a non-profit.. Can I sell tickets or is there any other way to go about this without spending a lot of money on a multitude of permits and inspections from city. Thank you for your time. This website has been very helpful and I posted on my facebook as well.

Do you mean a liquor license, issued to the owner of the business, or do you mean a service permit issued to the servers? They are two different things. If you are asking about a liquor license , Oregon Administrative Rules, Division 5, says that generally a licensee owner must be at least 21 years old.

Any person who mixes, sells or serves alcoholic beverages for consumption on licensed premises;. With a minor service permit, you may serve, pour, and draw alcoholic beverages only in areas of the business not prohibited to minors where alcohol service is secondary to food service. You may not mix drinks nor work as a bartender or cocktail server. On your 21st birthday, these restrictions will no longer apply. I would like to know if someone is able to get a liquor license if they are under 21?

And the things that they are limited to. Example: Serving only, or restocking only, etc etc…. Yes, a licensed restaurant must allow free access to both ABC investigators and other sworn law enforcement officers.

Officers have the legal right to visit and inspect any licensed premises at any time that the licensee is exercising his license privileges. By the way, local police are also required by law to enforce state liquor laws. It is a shared responsibility between the ABC and local law enforcement.

Consider turning it into a positive by posting a sign for your customers to explain this. Section Bus. The first question is, do you need a license. Since you will be selling beer and wine, the answer is yes. The only one that comes close to your situation is a nonprofit social club, mentioned in Section It reads:. Section requires that clubs be nonprofit organizations. Depending upon your plans, you may want to consider having a licensed caterer handle the alcohol for special events.

Thank you so much, One more question if you will. I understand ABC can do this at anytime but the local police have been getting into the habit of multiple random walk-though looking for probation violators etc. Our license, is in good standing, to my knowledge there are no complaints about our establishment from customers, neighbors etc. We call them for police business around once a year at best.

They do the walk-through, we lose half our customers. Thank you for any help. Would we qualify for a club license? An on-sale license fee would prohibitive. Other requirements and tips:. I have a type 47 and 58 license in CA. My restaurant is a full service dinner house. Under a type 47 it is my understanding we have authorization to sell beer and wine for consumption off the licensed premises. If so, are there any restrictions relating to delivery?

Thank you, Lauren! Your blog is really an excellent resource. An attorney friend of mine wanted me to commend you highly on your content and clarity! Existence of other tenants in the complex is not an issue as long as you are able to control activities within your space, and it is separated physically wall, barrier, etc.

The Type 41 requires you to prepare and serve meals, and persons under 21 may be on the premises. The Type 42 has no food requirement, but persons under 21 are NOT allowed in. Before you even apply for the ABC license, you should check with the city about whether you are zoned properly for the sale of alcohol AND whether a conditional use permit CUP is needed.

In most cases a CUP is required for alcohol sales. And when you sign the lease, make sure the lease is contingent upon ABC and city approvals. Thanks and I hope this helps. I am beginning a long term lease on a theater in the Hollywood area.

We are not currently classified as non-profit and plan to offer a variety of entertainment… live theater productions, comedy and music. Though the theater has a separate entrance, it is part of a complex with a number of performance spaces in it. Is it possible to get a license for just our space without involving others in the same theater complex and what type of license and initial expense would we be facing to obtain a license for beer and wine?

The organization who was licensed to sell wine in the first place cannot give it away, even though it was leftover. It may, however, return it to the original seller this is authorized by Section I was part of a charity event that served wine.

This was paid up front. At the end of the event, we had three cases left over. This was then given to me — a nice gesture — but we do not drink much. Can I just sell these at cost and give the money back to the charity?

All the licenses cost much more than the wine is worth. Al, I think an email is fine. It is considered official communication. However, depending upon the ABC office, they may have workload issues.

So follow up regularly until you hear back. Trade Practices, Fax Lauren, I have sent an email to my local ABC. Would it be better to draft a formal letter and mail it? I am a law abiding citizen and want to follow all the rules but…. Sometimes maybe it is better to beg forgiveness rather than ask permission. They will usually consult the HQs for something this technical that involves trade practices. I work in local government and I know all too often that the response you get regarding code interpretation can vary based on who you talk to.

I was even thinking about contacting various ABC offices to see how they each interpret my question. Thanks again for all of your help. After additional thought, I really think you should contact ABC directly about your idea. If you contact a lawyer about this, they will have to do the same thing, so you might as well save money and go directly to the source.

Put your concept in writing and get a written response from ABC. I have edited my prior response accordingly. Hi Lauren, I am not sure that it matters but I probably should have been a little more specific. Just to recap what the law allows. Same thing applies to wine. To be safe, I really think you should contact ABC directly about this. Hi Lauren, As you may recall I am an avid homebrewer. I was looking for the Federal and CA statutes regarding homebrewing.

Both state that beer may be removed for exhibition, tasting, and competition. Would this allow me to have an organized tasting at a private residence other than my own. Of course the beer would be completely free….

I enjoy sharing my beer with others in a responsible, private setting. I also have a small clothing business where I sell shirts and hats. Would I be violating any laws by having shirts and hats for sale at a homebrewers tasting party? Of course no one is obligated to buy any of my clothing. Thanks again. Any legal customer may receive up to nine liters of liquor per month. Through the Coronavirus pandemic , the state will allow Class I and Class A license holders to offer beer, wine, and spirits for delivery and takeout sales.

A vendor may ship up to one gallon of alcoholic beverages per month or 12 cases of wine per year to a given customer. New Hampshire allows the shipment of beer, wine, and liquor with a direct shipper permit. Consumers may receive up to 60 one-liter containers and 12 nine-liter cases of wine per year. They may receive up to 27 gallons of beer or other beverages in individual containers in one year. New Jersey allows the shipment of wine, cider, or mead with a plenary winery license, farm winery license, out of state winery or cidery license, or meadery license.

Customers may receive up to 12 cases of wine per year. Wine or cider may be shipped to New Mexico customers if the sender has a direct wine shipment permit. Customers may receive up to two nine-liter cases of wine each month. Wine may be shipped in an amount up to two cases per month to a customer if the sender has a wine shipper permit. North Dakota requires senders to have a direct shipping license in order to ship wine or beer. Customers may receive up to 27 liters of wine, fluid ounces of beer, or nine liters of other alcoholic beverages per month.

Shipments of beer or wine are permitted in Ohio with Permit S. A single household may purchase up to 24 cases of wine each year. Wineries can ship up to six nine-liter cases of wine each year. The state has issued a temporary order during the COVID crisis to allow direct delivery of beer, wine, and spirits to customers.

Oregon allows the direct shipment of wine, cider, or malt beverages for businesses with off-premises sales licenses or a direct shipper permit. Direct wine shipper licensees may send up to 36 standard cases of wine to customers in Pennsylvania per year.

Rhode island allows Class A license holders to deliver alcoholic beverages to adults showing a photo ID. Deliveries need to be made during legal hours for alcohol sale and need to be accompanied by a detailed invoice. Shipping wine in South Dakota requires a wine direct shipping license. Shippers may send up to 12 standard cases per year to any customer. They may send up to nine liters of wine to any customer in one month and 27 liters per year.

Texas allows shipments of wine to be made with a winery permit. The state allows these businesses to ship one consumer up to nine gallons of wine per month or 36 gallons of wine per year.

The limit for total sales to ultimate consumers is 35, yearly. Due to the COVID crisis, Texas has ordered a temporary policy allowing liquor, beer, and wine to be sold along with takeout orders.

This state prohibits direct sales of alcohol to its residents. Malt beverages and wine may be sent to Vermont customers by in-state or out-of-state consumer shipping license holders. Licenses may ship up to 12 cases of malt beverage or wine to any customer each year. During the Coronavirus Pandemic, the state is allowing businesses with on-premise liquor licenses to sell wine or beer for pickup or delivery without a delivery permit.

Businesses with off-premise licenses may do the same, and distilleries are able to deliver to customers seated in their vehicles parked on-site at the distillery. During the COVID crisis, the state is allowing businesses with liquor licenses to offer beer, wine, and spirits for takeout and delivery.

Wine must be delivered by carriers with an alcohol transportation permit. Deliveries require an electronic signature for acceptance. Households may receive up to 36 liters of wine per year. Read the Press Release. You can apply to vary a DPS by following the online process in the premises licence section above.

You can also download the variation form on the designated premises supervisor forms page. If you run or are involved in a community, church or village hall that wishes to sell alcohol or already sells it, you can apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor.

Or you can also apply to replace the designated premises supervisor, if you already have one, with the management committee. Read the guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor.

This means, for example, that they are not required to have a designated premises supervisor, and sales of alcohol do not need to be authorised by a personal licence holder. To be classified as a club for the purpose of this certificate, a group must meet several conditions.

Other legal restrictions for clubs operating under a club premises certificate are in the Licensing Act You can apply online if your council accepts electronic applications. Alternatively you can view the postal forms and other guidance specific to club premises certificates. If you wish to change any aspect of your licence or club certificate once it has been granted, you will need to apply to your local council for either a full or a minor variation.

The full variation process is very similar to the application process for a new premises licence and the fee is the same. You should use this process if you want to make a substantial change to your licence, for example, increasing the hours when you sell alcohol. You can do this online using the links in the premises licence and club premises certificates sections above. Alternatively you can download the postal form and guidance to vary a premises licence and the postal form and guidance to vary a club certificate.

If you want to make a small, low-risk change to your premises licence, you may be able to use the minor variation process. This is cheaper and quicker than the full variation application. If you apply for a minor variation and your application is rejected, you will not be able to appeal. However, you can reapply using the full variation process. You can apply for a minor variation online using the links in the premises licence and club premises certificates sections above. Alternatively you can download the postal form and guidance for minor variations to a premises licence or club certificate.

Contact your local council for advice on which process is more suitable for the change you want to make. For the purpose of a TEN , a temporary event is a relatively small-scale event attracting fewer than people and lasting no more than hours. If you are in England and Wales you can apply for a temporary event notice online. Alternatively you can download the postal form and guidance for a temporary event notice.

In Scotland you can apply online for an occassional licence. Any person or business may make representations on premises licence applications or club premises certificate applications. You can make representations or comments to the council about applications for new licences, variations or reviews. Comments may be positive or negative, but will only be considered relevant by the council if they relate clearly to the licensing objectives:.

Councils will also reject comments considered to be frivolous not serious or time-wasting or if they relate to personal disputes between businesses. You can also call for an existing licence to be reviewed by the council if you have concerns relating to the licensing objectives. If the council considers your reasons for making representations or calling for a review are relevant, it will arrange a hearing to consider the evidence. Each common carrier or company must apply for and obtain its own license.

A broker cannot share a license with any other common carrier. A quota license holder who satisfies the KAR conditions for dormancy may apply using the Dormancy Request Form.

The initial period of dormancy may not exceed twelve 12 months. The Department determines whether to grant the request for dormancy and may extend the time period once for up to an additional twelve 12 months. Be mindful that any person approved for dormancy will still be required to pay annual licensing fees.

There is a specific statute, KRS If the license holder has not yet closed its business, it may sell its alcoholic beverage inventory to the public as long as it does not sell the inventory for below cost. If the license holder has multiple business locations and intends to close one, it may request Department approval to transfer the inventory from the closing location to one that will stay in operation.

If the business is closed, it may request Department approval to sell the inventory to another license holder who wishes to purchase the inventory. Generally, a license holder may surrender a license s by signing and mailing a letter to the Department's Licensing Division that states that the license holder is surrendering its license s.

The license holder should return the Department's issued license s in the letter. If the Department has initiated an administrative penalty case against the license holder, the license holder should contact the Department's Legal Division about surrendering the license in resolution of the case.

Caterers can only sell alcoholic beverages by the drink, not by the package. State law permits alcohol sales on any election day. A county or city has authority to enact a local ordinance that prohibits alcohol sales while election polls are open.

It is the responsibility of the license holder to know, and comply with, any Election Day ordinance restrictions. Normally no. The state default end time for alcohol sales is midnight. As such, at a. Since this occurs after midnight, it has no effect on the state default sales end time. If a local ordinance permits a license holder to sell alcoholic beverages until, or after, a.

The Department opines that adding green food coloring to beer does NOT materially change the character or purity of the beer. When consumers order "green beer," they know that they are receiving the same character and purity of beer with food coloring simply added. Although green beer is not a prohibited adulteration, a distributor does not have to provide green beer to its retailers, even if requested. A person must be at least twenty 20 years old to sell, serve or accept payment for distilled spirits, wine, or malt beverages.

A person must be at least twenty-one 21 years old to buy, consume, or possess an alcoholic beverage. It is illegal for a license holder to permit consumers to bring and consume their own alcoholic beverages onto the licensed premises. There is no late fee for a late renewal application; however, a license holder is not permitted to sell alcoholic beverages after a license expires.

The Department must receive a completed renewal form and full payment no later than thirty 30 days after the license expires. A license holder who does not renew or attempt to renew by thirty 30 days after expiration will not be permitted to renew later and must apply for a new license s.

Renewal applications are no longer sent by postal mail. Your renewed license will not be sent by postal mail. Your renewed license will be emailed upon completion of renewing online. If the Department of Revenue has placed a hold on your license renewal, our office will require a release before your license is renewed. Once the tax hold is released by the Department of Revenue, you must complete renewal online with full payment before the annual renewal term ends.

A license holder who does not renew or attempt to renew by thirty 30 days after expiration will not be permitted to renew later and must instead apply for a new license. The Department does not collect renewal or licensing fees on behalf of local cities or counties. The buyer of a business is prohibited from using the seller's license. Also, the seller of a business is prohibited from allowing a buyer to use its license. A buyer can obtain a transitional license to operate while the transfer application is being processed.

A Kentucky resident, or military person moving to Kentucky, can bring alcoholic beverages purchased for personal use in another country back to Kentucky so long as necessary taxes are paid. Revenue Form 73A should allow a person to get through Federal Customs with their personal alcoholic beverages It is recommended that a person complete and obtain a signature from a Customs official or transportation officer on Revenue Form 73A and keep a copy of it when returning to United States.

If not signed, Customs may hold the person's household goods in storage until the taxes are paid even though Kentucky does not require that the tax to be paid until the alcoholic beverages are in the state.

Gonzalez at the Department of Revenue: Elizabeth. Gonzalez ky. It is a crime for a business without a license to give alcoholic beverages to a person. It is a crime for a person to drink alcoholic beverages in an unlicensed public place.

It is a crime for an unlicensed public business to allow persons to sell, give away or drink alcoholic beverages inside the business. Businesses with an ABC license: Generally no.

A licensee cannot give away alcoholic beverages for free. A retailer holding a sampling license is permitted to give one 1 ounce of distilled spirits samples per day and six 6 ounces of wine samples per day to a consumer. Free malt beverage samples are prohibited. A brewery in a wet territory is permitted to give sixteen 16 ounces of malt beverage samples per day to a visitor.

A microbrewery is permitted to give sixteen 16 ounces of malt beverage samples per day to a visitor. All retail licenses allow the holder to sell alcoholic beverages to consumers.

An auction is a form of a contract to sell offer to sell to highest bidder, acceptance of offer by seller, and exchange of consideration. It is not gambling and therefore not prohibited. The lowest bid accepted cannot be lower than the wholesale cost of the alcoholic beverages. If a charity or nonprofit organization obtains a special temporary alcoholic beverage auction license, it may auction or raffle alcoholic beverages as a fundraiser.

The medical amnesty law is designed to encourage minors persons under age twenty-one 21 to immediately seek emergency medical attention if they or others have consumed a dangerous amount of alcohol. The law provides immunity from criminal prosecution for certain alcohol related offenses described in the statutes if the reporting individual fully cooperates with emergency medical assistance personnel and law enforcement officers.

Medical amnesty laws are not designed or intended to immunize minors from punishment who simply drink alcohol. Kentucky law does not specifically address whether an employee may consume alcoholic beverages.

As such, the practice of allowing employees to drink on the job is a decision for the employer. However, the presence of an intoxicated employee could result in a disorderly premises violation KRS Businesses are encouraged to incorporate responsible business practices and policies to minimize risk to public safety. Employees of producers are specifically allowed to sample products produced for purposes of education, quality control, and product development.

Generally, raffles are not permitted on licensed premises since they constitute illegal gambling. There are three 3 exceptions under which raffles are permitted on licensed premises: 1 lottery tickets issued under the authority of the Kentucky Lottery Corporation; 2 raffle tickets sold by charities, licensed or exempted, under the charitable gaming laws; and 3 raffles conducted by a holder of a special temporary alcoholic beverage auction license that comply with charitable gaming laws.

Yes, if the raffle is free. Generally, raffles are not permitted on licensed premises as they constitute an illegal gambling game. However, a licensee can have "free" raffles whereby any person can play no purchase necessary. Since the game is "free" to everyone, there is no necessary "wager" element for an illegal gambling game.

A licensee would be permitted to have a no-purchase-necessary raffle, available to anyone, for the chance to buy a bottle of alcoholic beverages at the normal retail sales price. The licensee cannot require customers to buy something as a condition to participate in the raffle.