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.
