Kentucky recently posted instructions for obtaining a Kentucky out-of-state small farm winery license. There are ten steps (actually eight steps – they skipped steps 6 and 8!) that a winery that produces less than 50,000 gallons can follow to receive a license to ship directly to consumers.
STEP 1. KRS 243.360 requires you to first advertise your intentions to apply for this license once in the legal section of the Kentucky State Journal newspaper located at 1216 Wilkinson Blvd. Frankfort, Ky. 40601. (502) 227-4556. (Example is attached.) An officer of the newspaper must complete the affidavit of publication, which is also attached. The completed affidavit and clipping must be submitted along with your application.
STEP 2. Answer all questions and have the form notarized. Incomplete or deficient applications delay processing and your application may be returned.
STEP 3. Attach a certified check, cashier check, or money order payable to Kentucky State Treasurer:
Licenses issued between July 1st. and December 31st. pay $ 50
Licenses issued between Januarys 1st. to June 30th. Pay $ 100
WE MAY NOT ACCEPT CASH BY MAIL OR HAND DELIVERY!
STEP 4. Non Ky. residents are responsible for providing a statewide police record check from their state(s) of residence for the past five (5) years. If you have not lived in Kentucky for five (5) years, you must obtain a statewide police record check from the state(s) of your residency in for the past (5) years. Web site addresses are attached that will link you to that states’ instructions for obtaining your own background check.
STEP 5. If you apply as a corporation, limited partnership, or limited liability company, attach a copy of your articles of incorporation, partnership papers, or organizational papers from the state of your incorporation.
STEP 7. Under KRS 164.772 Ky. State ABC may deny a license to defaulted student loan borrowers of a Kentucky Higher Education Loan. Therefore, complete the attached Self-Certification Compliance Form enclosed in this packet and return it with your State ABC application.
STEP 9. Attach a copy of your Federal basic permit and proof of annual production. TTB’s federal form 5120.17 may be submitted as proof of production.
STEP 10. Attach a copy of your license issued by the state where your small farm winery is licensed.
The twelve page document, which we converted to PDF form for those that do not have Microsoft Word, also includes instructions for obtaining your state criminal history information (step 4), an example of the public notice that you must post (step 1), an affidavit of publication (step 1), a self-certification of repayment of educational financial assistance form (step 7), the and the basic application for alcoholic beverage licenses. Once you make it through this arduous process, don’t forget about the 53 dry counties in Kentucky.