Summary of Original Version

Create a new section of KRS 438.305 to 438.350 to establish application form requirements for a tobacco, nicotine, or vapor product license; prohibit the Department of Alcoholic Beverage Control from establishing any additional licensure requirements beyond those prescribed in statute; require the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license; amend various sections of KRS 438.305 to 438.350 to require the Secretary of State to notify retailers that a tobacco, nicotine, or vapor product license is required to sell authorized nicotine vapor products; establish application requirements for a tobacco, nicotine, or vapor product license; require the department to publish the application form on its website within 30 days of the effective date of this Act; require the licensing fee to be refunded to the applicant if a license is not issued; require a licensure renewal form and a licensing fee to be remitted to the department upon the renewal of a tobacco, nicotine, or vapor product license; define "batch license"; allow a retailer with a license issued by the department under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next renewal; allow an applicant or licensee to batch license using a singular application or renewal form; allow a licensee to batch license on the date of its next alcohol licensure renewal or 1 year from the date of issuance of its tobacco, nicotine, or vapor product license; require an applicant or licensee who chooses to batch license to multiply the licensure fee by the number of locations to be licensed or premises to be renewed; require the department to establish a singular application and renewal form for a batch license; allow the department to require a supplemental form for batch licensing if an alcohol license requires further information; grant a grace period to applicants for any error identified in an application by the department; establish requirements for a change of ownership; establish grounds for denial of an application; require the department to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within 30 days of the effective date of this Act; repeal KRS 438.3065, which establishes transitional licensing; prohibit this Act from delaying enforcement; require any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license to remit the initial application form and licensing fee within 60 days of the effective date of this Act; credit a licensee's 2025 licensing fee to the licensee's upcoming licensing fee payment for 2026; RETROACTIVE, in part, to January 1, 2026; EMERGENCY.

Summary of Amendment: Senate Floor Amendment 1 -- A. Reed

Summary Amend KRS 438.305 to change the date in the defintion of "authorized nicotine vapor product" from September 9, 2020 to May 14, 2022.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except create a new section of KRS 438.305 to 438.350 to define "premium cigar" and "pipe tobacco"; require a retailer to verify that a recipient of a shipment or delivery of tobacco products, alternative nicotine products, or vapor products is at least 21 years old; require visual examination or use of age verification technology to verify the recipient's identity at delivery; prohibit the inclusion of premium cigars or pipe tobacco in the term "tobacco products" for purposes of KRS 438.350; establish penalties for a retailer or common or private carrier in violation; establish penalties for a consumer who intentionally causes an unlawful delivery; require products to be returned to the retailer if the common or private carrier cannot complete delivery; make conforming changes.

Summary of Amendment: House Floor Amendment 1 -- M. Koch

Summary Create a new section of KRS 438.305 to 438.350 to establish the application requirements for a temporary tobacco, nicotine, or vapor product retail license; make the temporary license effective for 30 days for use at fairs, festivals, and other similar events; require the department to approve or deny a temporary license application within 14 business days; integrate the temporary license into licensing, fee, and other requirements; include the applicant's telephone number and email address in a regular tobacco, nicotine, or vapor product retail license application; protect previously issued licenses from the initial deadlines for new licenses.

Summary of Amendment: Conference Committee Report 1

Summary Cannot agree.

Summary of Amendment: Free Conference Committee Report 1

Summary Retain the provisions of SB 245/HCS 1; add HFA 1 to SB 245/HCS 1; exclude premium cigars and pipe tobacco from the definition of tobacco products; prohibit any person under 21 from ordering, purchasing, receiving, or using tobacco products.

Statutes affected:
Introduced: 438.306, 438.3061, 438.3063, 438.3067, 438.3069, 438.310, 438.316, 438.330, 438.340
House Committee Substitute 1: 438.306, 438.3061, 438.3063, 438.3067, 438.3069, 438.310, 438.316, 438.330, 438.340
Current: 438.306, 438.3061, 438.3063, 438.3067, 438.3069, 438.310, 438.316, 438.330, 438.340