Request By:
Mr. John W. Crimmins
Department of Alcoholic Beverage Control
123 Walnut Street
Frankfort, Kentucky 40601
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Suzanne Guss, Assistant Attorney General
This is in response to your request for an opinion of the Office of the Attorney General as to whether Kentucky law permits the advertising of prices of alcoholic beverages on radio or television. The answer is "yes."
KRS 244.130 provides:
"Advertising to comply with regulations of board
(1) Except in conformity with regulations of the board, no licensee under KRS 243.020 to 243.760 shall:
(a) Advertise or cause or permit to be advertised in any manner any product which he is licensed to manufacture or sell; nor
(b) Have or exhibit in a window any display of alcoholic beverages.
(2) Subsection (1) of this section shall not prohibit:
(a) Advertising in newspapers, magazines or periodicals having a general circulation among regular paying subscribers or patrons;
(b) Promotional advertising on radio or television limited to no more than the name of the licensee and the products the licensee is permitted to manufacture or sell;
(c) Promotional advertising containing the names of establishments or products displayed on uniforms or equipment of sporting teams." (Emphasis added).
KRS 244.130 permits the Alcoholic Beverage Control Board to regulate all advertising of alcoholic beverages in Kentucky. In furtherance of that general power, 804 KAR 1:100, Section 5 permits licensees to advertise "by means of radio and television. " Subsection (2)(b) of the statute provides that subsection (1) shall not prohibit promotional advertising on radio or television limited to the name of the licensee and the product. Neither subsection (1) nor the regulations of the Board prohibit such advertisement. Subsection (2)(b) does not limit or restrict advertising on radio and television. Subsection (2)(b) merely prohibits the Board from banning the type of advertisement described in subsections (2)(a) and (b).
The foregoing literal construction of the statute is required. Barrett v. Stephany, Ky., 510 S.W.2d 524 (1974). Thus, 804 KAR 1:100, Section 5 falls within the limits contemplated by KRS 244.130. See Lovern v. Brown, Ky., 390 S.W.2d 448 (1965). Accordingly, KRS 244.130(2)(b) does not prohibit the advertising of the price of alcoholic beverages.
We trust this information has satisfactorily answered your inquiry. If you have any additional questions, please contact us.