Request By:
Richard H. Lewis, Commissioner
Department of Alcoholic Beverage Control
123 Walnut Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Reid C. James, Assistant Attorney General
This is in response to an opinion request by your predecessor, Mr. Bernard Keene, concerning KRS 243.210(1). This statute provides,
A malt beverage transporter's license shall authorize the licensee to transport malt beverages for hire to or from the licensed premises of any licensee under KRS 243.040, except retailers, if both the consignor and consignee in each case are authorized by the law of the states of their residence to sell, purchase, ship or receive the malt beverages; provided, however, a transporter licensee shall be authorized to transport malt beverages for hire to or from the licensed premises of any licensee under KRS 243.040 in counties containing a population of less than 40,000 if both the consignor and consignee in each case are authorized by the laws of the states of their residence to sell, purchase, ship or receive the malt beverages.
The question presented deals with the latter portion of this statutory provision, to wit:
Does the statute require both the shipping and receiving distributor and retailer to be located in counties containing populations of less than 40,000, or may a distributor located in a county containing a population greater than 40,000 ship, via a malt beverage transporter, to a retailer located in a county containing a population of less than 40,000?
It is our opinion that under KRS 243.210(1) both the shipping and receiving distributor and retailer must be located in counties containing a population of less than 40,000. The words and phrases used in statutory construction are to be construed according to their common and ordinary usage. KRS 446.080(4). KRS 243.210(1) permits a transporter licensee to transport malt beverages for hire to or from the licensed premises of any licensee in counties of less than 40,000 persons. The legislature's use of the words "to or from the licensed premises" clearly implies that the pick-up and delivery of the malt beverages by the transporter must be made in counties of less than 40,000 population. Any other interpretation would be contrary to the common and ordinary use of these words.