Hospitality Law

Circuit Split Puts Some Shine on ‘Shine Ban

T. Neal Morris — Wed, 03 Jun 2026 04:00:00 GMT

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.”

From Expansion to Strategy: Navigating the Next Phase of the Bourbon Industry

Stephen G. Amato — Thu, 26 Mar 2026 04:00:00 GMT

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

From Barrel to Brand: When Legal Strategy Fuels Growth

Mari-Elise Paul — Mon, 23 Mar 2026 04:00:00 GMT

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

Tobacco Retailers: URGENT Licensing Action Needed

Stephen G. Amato — Wed, 05 Nov 2025 05:00:00 GMT

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.

New KY Laws Bring Codified Private Barrel Selections, Satellite Tasting Rooms, and Lower Age for Alcohol-Related Jobs

Stephen G. Amato — Mon, 02 May 2022 04:00:00 GMT

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.

Kentucky General Assembly Makes Cocktails-To-Go Privileges Permanent

Stephen G. Amato — Wed, 17 Mar 2021 04:00:00 GMT

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^thfeaturing an emergency clause thereby rendering it immediately effective.

Alcohol Producers, Take Note: Direct To Consumer Sales and Shipping Privileges Enhanced

Stephen G. Amato — Fri, 12 Mar 2021 05:00:00 GMT

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.

Restaurants Have Their Own Set of Healthy at Work Requirements

T. Neal Morris — Mon, 01 Jun 2020 04:00:00 GMT

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.

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

Stephen G. Amato — Wed, 26 Jun 2019 04:00:00 GMT

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.

Three BIG Legal Issues for Restaurateurs to Keep from Boiling Over

McBrayer PLLC — Fri, 04 Jan 2019 05:00:00 GMT

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.