Yes. In 2017, KRS 244.350 was specifically repealed so that retailers with the proper package license may deliver all types of alcoholic beverages to a consumer in wet territories. To deliver packages of distilled spirits and wine, a licensee must hold a quota retail package license. To deliver packages of malt beverages only, a licensee must hold a non-quota retail malt beverage package license. No additional licensure is required.
A retailer wishing to deliver alcoholic beverages must comply with all alcoholic beverage laws regarding the sale. The retailer cannot deliver the alcoholic beverages to a minor or an intoxicated person. KRS 244.080. The employee delivering the alcoholic beverage must be twenty (20) years of age. KRS 244.090. The vehicle used by a retailer must contain the licensee's name and number as required by Board regulation. 804 KAR 8:050.
The licensee can make delivery sales through an online ordering process, telephone order, or application downloaded to a personal communication device. A retailer may charge an additional fee for delivery so long as the fee is paid to the retailer as part of the sales transaction.
A retailer can sell and deliver alcoholic beverages to a consumer in any wet territory, but not a dry or moist territory. KRS 242.260. A retailer can travel through a dry or moist territory to deliver alcoholic beverages in a wet territory. KRS 242.290.
If the retailer is permitted to sell on Sunday at its licensed premises, it can sell and deliver alcoholic beverages to a consumer in a wet territory that does not permit Sunday sales. KRS 244.290. This is so because the sale and online payment occur at the licensed premises, not where the delivery occurs.
A retailer is allowed to contract with an independent contractor to deliver alcoholic beverages as its agent (KRS 243.020(1)); however, the retailer is responsible for all violations or acts by its agents. KRS 243.490. If the independent contractor acts exclusively for one retailer, no additional licensure is required and the independent contractor can operate under the retailer's license. Any independent contractor vehicle used for delivery must contain the retailer's name and license number. 804 KAR 8:050.
If a company wishes to deliver alcoholic beverages for multiple retailers, that company is a common carrier and must first obtain a transporter's license and display its license name and number on its vehicles used for delivery. KRS 243.200; 804 KAR 8:050. A common carrier is not required to display its license name and number if it has been assigned a USDOT number issued by the Federal Motor Carrier Safety Administration. KRS 243.200(3); 804 KAR 8:050 §1. Both the retailer and the company holding the transporter license will be jointly and severally responsible for any violations of law. KRS 243.490.
A quota retail package license holder with eighty percent (80%) of its monthly gross sales receipts from sales to Kentucky residents ("package store") is permitted to ship alcoholic beverages to Kentucky customers at addresses in a wet territory. Other states' laws will control whether the package store can ship to customers in other states. KRS 243.240.
All shipments must be made through a licensed common carrier. Packages must be clearly marked "Alcoholic Beverages, adult signature (twenty-one (21) years of age or over) required". The package store must request adult-signature-only service from the licensed transporter. KRS 243.240(3); KRS 243.200(2).
Currently, a package store can ship up to four and a half liters (4 ½) of distilled spirits and thirty-six liters (36) of wine (four (4) cases) per purchaser per day. There is no limit on the amount of malt beverages that may be shipped. KRS 243.240(1)(b)(1).
If a visitor signs up and pays for a subscription to a distilled spirits or wine club/program at the package store, the package store can ship a monthly order to the Kentucky visitor at an address located in a wet territory. Other states' laws will control whether the package store can ship a monthly order to a visitor's address in other states. For club subscriptions by a visitor, a package store can ship up to nine (9) liters of distilled spirits per year and nine (9) liters (one case) of wine per month. KRS 243.240(1)(b)(2).