RELATES TO: KRS 244.500, 244.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes
the board to promulgate administrative regulations regarding matters over which
the board has jurisdiction. KRS 244.590(1)(c) authorizes the malt beverage
administrator to prescribe by administrative regulation the types of equipment
or other things of value a brewer or distributor may furnish to a malt beverage
retailer. This administrative regulation establishes the items that a brewer or
distributor may furnish to a retail licensee and other licensees.
Section 1. General Prohibition. A brewer or
distributor shall not furnish equipment to a retail malt beverage licensee
except as authorized by this administrative regulation.
Section 2. Draft Equipment.
(1) A brewer or distributor may furnish to a
retail licensee that sells draft malt beverages:
(a) Tapping accessories;
(b) Rods;
(c) Vents:
(d) Taps;
(e) Hoses;
(f) Washers;
(g) Couplings;
(h) Vent tongues;
(i) Check valves; and
(j) Tap knobs.
(2) A tap knob, or similar device, bearing a
brand name may only be used to dispense malt beverages of that brand
name.
Section 3. Special
Temporary Licensees.
(1) A brewer or
distributor may furnish vats, tubs, tanks, or portable dispensing units to
special temporary licensees, picnics, bazaars, carnivals, and other similar
types of events.
(2) The equipment
may bear advertising associated with a particular brand that is visible to the
consumer.
Section 4.
Leased Equipment. A brewer or distributer may lease equipment and supplies to
retail licensees in accordance with commercially reasonable terms.
Section 5. Prior Administrative Regulation. A
brewer or distributor shall not be in violation of KRS 244.590 if the brewer or
distributor furnished a refrigerated cooler to a retailer between July 15, 2016
and January 1, 2018 if in conformity with the requirements of this
administrative regulation that were then in existence.
