{"data":{"id":"us-ky/krs-438.337","jurisdiction":"us-ky","citation":"KRS 438.337","heading":"Responsibilities of Department of Alcoholic Beverage Control in","body":"enforcement of KRS 438.305 to 438.350 -- Disposition of revenue and fines\ncollected under KRS 138.140 and 438.305 to 438.350 -- Statistics --\nEnforcement plan -- Publication of list of licensees.\n(1) The department shall carry out the enforcement provisions of KRS 438.305 to\n438.350.\n(2) (a) 1. The department shall be entitled to the revenue produced by one -\ntwentieth of one cent ($0.0005) of the three -cent ($0.03) per pack\nrevenue collected by the Finance and Administration Cabinet from the\nstate excise tax on the sale of cigarettes as imposed by KRS 138.140.\n2. One hundred percent (100%) of the license and application fees imposed\nby KRS 438.3063 unless the license is denied sha ll be deposited in a\ntrust and agency account created in the State Treasury. If no license is\nissued, the application fee shall be retained by the department in\naccordance with KRS 438.3063.\n(b) One hundred percent (100%) of the fines collected under KRS 4 38.305 to\n438.350 shall be retained by the department.\n(c) The department shall keep fifty percent (50%) of any fines collected under\nKRS 438.305 to 438.350 to offset the costs of enforcement. The remaining\nfifty percent (50%) of funds shall go to a youth program administered by the\nDepartment for Public Health directed at targeting and educating youth on the\ndangers of tobacco products, alternative nicotine products, and vapor\nproducts.\n(3) The department shall be responsible for maintaining statistics for  compilation of\nrequired reports to be submitted to the United States Department of Health and\nHuman Services.\n(4) The department shall devise a plan and timeframe for enforcement to determine by\nrandom inspection if the percentage of retailers, wholesaler s, or distributors making\nillegal sales to persons under the age of twenty -one (21) does or does not exceed\nfederal guidelines preventing tobacco sales to persons under the age of twenty -one\n(21).\n(5) (a) The department shall investigate the information provided in each application\nfor a tobacco, nicotine, or vapor product license.\n(b) Notwithstanding KRS 438.330 and 438.331, if the tobacco, nicotine, or vapor\nproduct license is approved, random inspections  or compliance checks of the\nlicensee shall be conducted not less than once annually during normal\nbusiness hours or as deemed appropriate by the commissioner.\n(6) On or after July 1, 2026, the department shall, on the first day of each month,\ncreate, update, and publish on its website a list of retail establishments that possess\na tobacco, nicotine, or vapor product license.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56757","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"6c7cff7338edc71bf540de9e8e8688c8389ccad7b9feab14f0d1e1775a85dc6e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.335","next":"us-ky/krs-438.340"},"notice":"GroundRules: Original legal text. Not legal advice."}