{"data":{"id":"us-ky/krs-243.036","jurisdiction":"us-ky","citation":"KRS 243.036","heading":"Special temporary alcoholic beverage auction license -- Permitted activities","body":"-- Restrictions.\n(1) A special temporary alcoholic beverage auction license may be issued to an\nauctioneer licensed under KRS Chapter 330 or to a charitable or n onprofit\norganization.\n(2) A special temporary alcoholic beverage auction license issued to a charitable or\nnonprofit organization shall authorize the holder to:\n(a) Purchase, transport, receive, possess, store, sell, and deliver alcoholic\nbeverages to be sold by auction or raffle or consumed at charity or nonprofit\nevents;\n(b) Purchase, transport, receive, possess, store, sell, and deliver limited specially\nlabeled bottles of alcoholic beverages to be sold at charity or nonprofit events;\n(c) Obtain alcohol ic beverages from distillers, rectifiers, wineries, small farm\nwineries, brewers, microbreweries, wholesalers, distributors, retailers, or any\nother person, by gift or donation, for the purpose of charity or nonprofit\nevents; and\n(d) Receive payment for alcoholic beverages sold at events.\n(3) For a charitable or nonprofit auction:\n(a) Each alcoholic beverage auction or raffle conducted by a charitable\norganization shall be subject to all restrictions and limitations contained in\nKRS Chapters 241 to 244 and the administrative regulations issued under\nthose chapters and shall be authorized only on the days and only during the\nhours that the sale of alcoholic beverages is otherwise authorized in the\ncounty or municipality; and\n(b) The location at which the alco holic beverages are auctioned, raffled, or\nconsumed under this section shall not constitute a public place for the purpose\nof KRS Chapter 222. Charitable or nonprofit events may be conducted on\nlicensed or unlicensed premises. The charitable organization p ossessing a\nspecial temporary alcoholic beverage auction license shall post a copy of the\nlicense at the location of the event.\n(4) An auctioneer holding a special temporary alcoholic beverage auction license may:\n(a) Transport, receive, possess, store, advertise, auction, sell, deliver, and ship\nalcoholic beverages either sold or intended for sale at auction by the licensee;\n(b) Sell only alcoholic beverages at auction that:\n1. Were previously lawfully sold at retail; and\n2. Are in their original manufacturer's unopened container;\n(c) Deliver and ship any alcoholic beverages sold at an auction directly to the\nconsumer who purchased the alcoholic beverages. Any shipment to a\nconsumer outside of this state is subject to a ll applicable laws of the\njurisdiction in which that consumer is located. When shipping alcoholic\nbeverages directly to a consumer in this state, the auctioneer holder of the\nlicense shall:\n1. Ensure that the shipping label on each container containing the alcoholic\nbeverages conspicuously states the following: \"CONTAINS\nALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER\nREQUIRED FOR DELIVERY\";\n2. Obtain the signature of a person who is at least twenty -one (21) years of\nage at the delivery address prior to delive ry, after requiring that person\nto demonstrate that he or she is at least twenty -one (21) years of age by\nproviding a valid identification document; and\n3. Not ship the alcoholic beverages to any address in this state located in\ndry territory; and\n(d) Conduct the auction on premises licensed by the department, unlicensed\npremises, or online.\n(5) A special temporary alcoholic beverage auction conducted by an auctioneer shall\nbe:\n(a) Subject to all restrictions and limitations contained in KRS Chapters 241 to\n244 and the administrative regulations issued under those chapters;\n(b) Separate from any other type of alcoholic beverage auction authorized under\nKRS Chapters 241 to 244, but may be combined with other types of auctions\nauthorized under KRS Chapter 330;\n(c) Authorized for in-person live auctions and online auction closings only on the\ndays and only during the hours that the sale of alcoholic beverages is\notherwise authorized in the county or municipality where the live auction is\nheld or, for an online a uction, the physical location of the alcoholic beverages\nbeing sold; and\n(d) Subject to the auction and auctioneer requirements of KRS Chapter 330.\n(6) An auctioneer conducting a special temporary alcoholic beverage auction shall:\n(a) Post a copy of its sp ecial temporary alcoholic beverage auction license and\nauctioneer license at the location of the event for in -person auctions and on\nthe auction website for online auctions; and\n(b) Not hold any other type of alcoholic beverage license.\n(7) Alcoholic beverages shall only be sold by an auctioneer under a special temporary\nalcoholic beverage auction license if the alcoholic beverages were not purchased or\nattained for the purpose of resale at auction and in the following circumstances:\n(a) As an \"Estate Auct ion,\" or included in such auction where the alcoholic\nbeverages being offered at auction are the property belonging to the estate of\none (1) or more deceased persons and are being offered by:\n1. The direction and authority of the authorized executor or administrator;\n2. Court order; or\n3. The direction or on behalf of a surviving spouse or direct heirs;\n(b) As a \"Living Estate Auction\" or \"Downsizing Auction\" or included in such\nauction where the alcoholic beverages being offered at auction are the\nproperty belonging to a person or persons of a household that is in transition\ndue to one (1) of the following life-changing situations:\n1. One (1) or more members of the household moving into a retirement\nhome, nursing home, assisted living home, or a smaller residence; or\n2. Combining one (1) household with another; or\n(c) As a partial or complete disbursement of an alcoholic beverage collection\nconsisting of more than one (1) package that has been collected by the same\nindividual or household. An individual or h ousehold shall not sell collections\nat auction more than once every three (3) years.\n(8) (a) A person shall not purchase alcoholic beverages from an auctioneer at a\nspecial temporary alcoholic beverage auction unless that person may lawfully\nreceive or possess the alcoholic beverages.\n(b) Nothing in this section shall prevent a vintage distilled spirits licensee from\npurchasing alcoholic beverages at auction if the alcoholic beverages qualify as\nvintage distilled spirits.\n(9) All advertising for an auctioneer special temporary alcoholic bev erage auction\nshall:\n(a) Show the name and license number for the special temporary alcoholic\nbeverage auction license and the auctioneer license; and\n(b) Conform to all advertising requirements and restrictions for auctions\ncontained in KRS Chapter 330 an d any administrative regulations\npromulgated under that chapter.\n(10) If a person ceases to be licensed as an auctioneer under KRS Chapter 330, the\nperson's special temporary alcoholic beverage auction license shall be automatically\nsuspended until the person reestablishes licensure as an auctioneer.\n(11) An auctioneer holding a special temporary alcoholic beverage auction license shall\nfile a quarterly report with the department, which shall be established and\nmaintained by the department, utilizing a form  prescribed by the department that\nincludes the following information:\n(a) The number of alcoholic beverage packages auctioned in the preceding three\n(3) months in total, with each purchase matched to the individuals who both\nsold and purchased the alcoholic beverages;\n(b) The date of each purchase;\n(c) The name, address, and phone number of each individual who sold and\npurchased the alcoholic beverages;\n(d) A detailed description of the alcoholic beverages purchased, including the\nbrand name, number of packages, and the size of the packages; and\n(e) Whether each alcoholic beverage package was purchased in -person, delivered\nin-person, or shipped.\n(12) A special temporary alcoholic beverage auction license shall not be issued for any\nperiod longer than thirty (30) days.\n(13) Notwithstanding any other provision of KRS Chapters 241 to 244, a distiller,\nrectifier, winery, small farm winery, brewer, microbrewery, wholesaler, distributor,\nor retailer may donate, give away, or deliver any of its products to a charit able or\nnonprofit organization possessing a special temporary alcoholic beverage auction\nlicense under this section.\n(14) All restrictions and prohibitions applying to an alcoholic beverage retail package\nand alcoholic beverage by the drink license, not in consistent with this section, shall\napply to a special temporary alcoholic beverage auction license.","path":["KRS Chapter 243"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56473","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:53Z","sha256":"e71e0206bdea169683ce4044241835ba972b29986f8ba922fc1797b5244333c8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-243.035","next":"us-ky/krs-243.037"},"notice":"GroundRules: Original legal text. Not legal advice."}