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Photo of Hospitality Law Blog Stephen G. Amato
Member
samato@mcbrayerfirm.com
859-231-8780; ext. 1104
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My practice focuses on effectively and efficiently assisting my clients’ relationships with their employees, regulators and competitors.   Though the practice has a specific …

Showing 18 posts by Stephen G. Amato.

Legislative Session Ends with Passage of Alcohol Regulation Changes – Senate Bill 99

On April 15th, the day the Kentucky legislative session ended, the Kentucky Senate approved and forwarded Senate Bill 99 to Governor Beshear for his expected signature. While the bill has been overshadowed by House Bill 415 and the COVID-19 emergency, the bill’s impact on the Commonwealth’s alcohol industry is fairly substantial. More >

Relief for Wholesalers and Distributors

After a flurry of executive orders and legislative action by Kentucky’s Governor and General Assembly to provide relief for hard hit alcohol retailers, at the request of our firm on behalf of distributor and wholesaler clients, the Kentucky Public Protection Cabinet and Department of Alcoholic Beverage Control issued a new Order, effective April 8th, extending the hours that malt beverage distributors and wine and spirits wholesalers may deliver product to the retailers to “any time of the day that the retailer is ready, able and voluntarily willing to accept deliveries of product.” This Order will allow distributors and wholesalers to deliver product to retailers outside the existing restricted hours mandated by state statute and local ordinances, which will hopefully minimize the spread of Coronavirus and allow these middle tier industry members to more efficiently and safely manage their workforce.

More >

Provisions of New Kentucky Law, SB 150, Allow for Sales by the Drink Deliveries and Take-Out

On Thursday, March 26, 2020, Kentucky’s response to the coronavirus crisis took an odd turn in the Kentucky legislature with the passage of a bill that will now allow patrons to purchase, for carryout or delivery, alcohol by the drink. UPDATE - Gov. Beshear signed the bill on March 30th. More >

New Order from Gov. Beshear Closes All Non-Essential Retail Businesses

On Sunday, March 22, Gov. Andy Beshear issued an executive order that closes all non-essential retail as of 8:00 p.m. on Monday, March 23. Essential retail businesses listed in the order include grocery stores, pharmacies, banks, hardware stores and other businesses that provide staple goods. Luckily for alcohol retailers, that list includes liquor stores, which may remain open, but follow social distancing and hygiene guidance from the CDC and Kentucky Department of Public Health. Importantly for restaurants, carry-out, delivery and drive-through food and beverage sales may continue. More >

Kentucky Bill May Provide Relief to Alcohol Sellers: Carryout Privileges and Suspended Fees

Alcohol By the Drink Carryout Privileges; Waivers for Fees and Deadlines for Applications and Renewals

New developments in Kentucky today include the following:  on March 19th, the Kentucky House of Representatives passed legislation that, if approved by the Senate, will grant to relief to restaurants holding licenses to sell alcoholic beverages by the drink, who, for a period of time, would be able to sell alcoholic beverages on a delivery, to-go, or take-out basis in conjunction with food sales. Covered or sealed drinks that are ordered under these provisions would not be considered open containers. More >

Gov. Beshear Orders all Public-Facing Businesses to Close

3/17/20 -Kentucky’s Governor Beshear has signed an additional executive order closing down businesses beyond the initial wave of restaurant and bar closures.  More >

Gov. Beshear Executive Order Restricts Onsite Consumption of Food and Alcohol

Monday, March 16, 2020, Kentucky’s Governor Beshear signed an executive order restricting the sale of food, beverages, and all alcoholic beverages to carry-out, delivery and drive thru, prohibiting onsite consumption. In addition, the order mandates social distancing of six feet for patrons and employees engaging in carry-out, delivery and drive-thru services. At this time, the Kentucky Alcoholic Beverage Control board has not offered guidance on how the order will impact its operations and whether it will grant relief in licensing, renewal, and/or operations of affected Kentucky licensees. The continued closure of services has also caused Churchill Downs to reschedule the 146th Kentucky Derby from May 2nd to September 5th, the first time the Derby has been postponed since 1945.

Stephen G. Amato is a Member of McBrayer law. Mr. Amato focuses his practice in the areas of hospitality law, civil litigation, employment law, and administrative law, and is located in the firm's Lexington office. He can be reached at samato@mcbrayerfirm.com or 
(859) 231-8780, ext. 1104. 

Services may be performed by others.

This article does not constitute legal advice.

ALERT: Supreme Court Strikes Down Tennessee Residency Requirements in Alcohol Licensing

NewsIn a move sure to have a profound effect on state regulation of alcohol sales and distribution, the United States Supreme Court has issued an opinion in Tennessee Wine and Spirits Retailers Assn. v. Thomas that strikes down Tennessee’s two-year in-state residency requirement for initial applicants for state liquor licenses. More >

Hospitality Law 2018, Vol. II: Direct Shipping from Kentucky Distilleries and the Quota System

In a historic and bold stroke, the Kentucky General Assembly passed a measure on April 2 that is viewed as a tremendous leap forward for the Kentucky bourbon industry.  HB 400, signed by Governor Matt Bevin on April 13, 2018, clears the way for Kentucky distilleries to ship their products directly to the homes of distillery visitors. In light of the booming numbers of tourists flocking to Kentucky distilleries, these provisions are seen as an important way to leverage the interest in Kentucky bourbon and spread the cheer.

Shortly after the passage of HB 400, the General Assembly also passed a bill that codified into statute the quota liquor license scheme that has been a feature of Kentucky alcohol law since the end of prohibition, but had been otherwise slated for elimination by the state’s Alcoholic Beverage Control Board. That bill became law without the signature of Governor Matt Bevin on April 14, 2018.  More >

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