For over 150 years, federal law has prohibited the use of home distilleries. The essential purpose of the ban is to facilitate the taxing of distilled spirits, which has long been a font of government revenue. In fact, distilled spirit taxation was the original revenue source for the federal government (see “Whiskey Rebellion”).  For just as long, there have been attempts to thwart these tax collection efforts, and the ensuing give and take have left a profound stamp on American culture, such as the creation of NASCAR from moonshine runners evading those pesky “revenooers.”

Over the past month, Kentucky has hosted several gatherings that brought together some of the most influential voices in the bourbon industry. 

Most distilleries think about law in terms of compliance.
Permits. Labels. Distribution. Avoiding risk. 

The 2025 Kentucky legislative session saw the General Assembly enact Senate Bill 100, which requires retailers selling tobacco, nicotine, and vapor products to hold a tobacco-specific permit, effective January 1, 2026. 

As the 2022 Kentucky legislative session has come to a close, it’s time to review the new laws that emerged in Frankfort. For those in the alcoholic beverage industry, the most significant of these is HB 500, which contains several significant advances for distillers. Among these are the standardization and legalization of private barrel selection events and the opportunity for distilleries to establish satellite tasting rooms, two steps to promote bourbon tourism in the commonwealth.

One of the many pandemic-inspired ad hoc measures enacted last year to support restaurants and provide much needed merriment for beleaguered patrons has now become a permanent feature of Kentucky law – the cocktail-to-go. SB 67 was signed into law by Kentucky Gov. Beshear on March 15^th featuring an emergency clause thereby rendering it immediately effective.

On February 26^th, the Kentucky House of Representatives overwhelmingly passed legislation that significantly enhances and expands in-state and out-of-state manufacturers’ ability to directly ship their products in and out of Kentucky. The legislation quickly passed the Kentucky Senate and was signed into law by Governor Andy Beshear on March 11^th.  Because the bill contains an emergency clause, nearly all its provisions became effective immediately upon the Governor’s signing.

The Healthy at Work phase of reopening Kentucky businesses gained steam over the past couple of weeks with restaurants scheduled opening for dine-in customers on May 22, 2020. Restaurants must adhere to a set of industry specific guidelines provided by Governor Andy Beshear in addition to a set of minimum requirements which applies to most businesses in Kentucky. The Kentucky ABC also provided updated guidance to clarify that it is still allowing for restaurants to provide alcohol with curbside service, delivery, and carry-out, since restaurants will not be operating at full capacity.

In 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.

You have been perfecting your recipes for years, laboriously working over a hot stove and making sure every bit is seasoned, simmered, sautéed, and served to utmost perfection. Your passion is now your business, and your business…well, let’s just say that the chicken isn’t the only thing in your restaurant that can be dangerous when not fully cooked. You’ve trained to be a chef, but you never knew just how complicated running a business could be. Licenses and inspections to set up were tough, but keeping a restaurant running comes with its own buffet of issues.