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Leonardo Perez
Leonardo Perez

Buying Alcohol Online Under 21

Researchers at the University of North Carolina at Chapel Hill recruited eight participants, ages 18 to 20, to try to buy wine, beer and other alcoholic beverages online. They were told to lie about their age when filling out order forms. If they were asked to verify their age by a delivery person, they were instructed to say they were not yet 21, the Los Angeles Times reports.

buying alcohol online under 21

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The study found 60 percent of online alcohol sellers used weak, if any, age verification. Of the 45 successful orders, half of the sites used no age verification. Age verification at time of delivery was inconsistent, they noted.

A 2012study conducted at the University of North Carolina at Chapel Hill testedto see if eight people between the ages of 18 and 20 could purchase alcoholonline while underage. The study found that 45 percent of attempts to purchase alcoholonline underage were successful. While things have gotten a bit more difficult inthe years since, the idea of purchasing alcohol online remains a major concernfor parents across the country.

Of course, just as parents and governments closed oneloophole, teens swiftly began finding other options. Now, underage teens are lookingto other sites like Facebook Marketplace and Craigslist to purchase alcohol. Thestraightforward transaction process, combined with a lack of regulation andoversight, can make an already fraught situation even more dangerous,especially if it involves meeting with a stranger.

Thankfully, many states are already taking steps to further curtail online alcohol sales and keep our kids safe. The Attorneys General of 46 different states signed a letter calling for vendors to take a stronger stance by preventing underage children from using their platforms to purchase alcohol.

The dangerous effects of underage drinking are well established.Research by the Centers for Disease Control reveals that excessiveunderage drinking causes more than 4,300 deaths each year. By reducing easyaccess to alcohol, these numbers can hopefully be curtailed.

Ultimately, parental vigilance is the best weapon in thefight against underage drinking. By taking the time to start theconversation about underage drinking, parents can keep their childreninformed about the risks and dangers associated with purchasing alcohol online.Take the pledge today andcommit with your child to stop underage drinking.

What do I do if a minor tries to purchase alcohol?If you are not convinced that the buyer is 21 or over, do not make the sale. If the police is called, they may prosecute the person for attempting to buy alcohol when under the legal age.

Can a gift basket store include alcoholic beverages in their merchandise?Generally, such businesses are not eligible to obtain a take-out/off-premise license for the sale of alcohol since they do not meet the definition of an approved type of business under the Liquor Control Code and R436.1129(1) and R436.1135(1). Because of the potential liability in these situations, the Commission suggests adding a sparkling cider or other non-alcoholic beverage to the gift basket.

Does an arrest record prevent someone from applying for a liquor license?A prior arrest record is not an automatic bar to obtaining a license. When applying for a license an individual should truthfully disclose all prior arrest and conviction information on the application forms. The individual will also be asked to divulge this information to an investigator from the commission. Each application is reviewed on a case by case basis by the commission. The seriousness of the offenses committed, ones that involve the misuse of alcohol and the total record of the applicant are some of the things that the commission will take under consideration when making a determination as to suitability for licensure.

If I am the holder of a catering permit, does all alcoholic liquor have to be preordered by the recipient prior to the private event and what happens to the preordered alcoholic beverage that has not all been consumed at the private event?Yes, Pursuant to R 436.1011 (7) (b), An off-premise licensee may deliver a preordered quantity of alcoholic liquor to a customer; however, the licensee shall not make a delivery to a customer on the campus of a 2 or 4 year college or university, unless the customer is licensed by the Commission and R 436.1527, delivery of liquor to person under 21 years of age is prohibited.

A: No, a liquor license is ALWAYS required when selling alcoholic beverages. Please note, a private function is an event where attendance is by invitation only, the host controls access to the premises, and alcoholic beverages are provided to invited guests at NO CHARGE. In other words, a wedding would qualify under this exception as long as the liquor being served is not sold to the wedding guests.

Buying alcohol online can be an easy way to get your favorite beverages brought straight to your door. If you're of legal drinking age, you'll just need to create your account, select the product you want, complete your transaction, and accept the delivery. Following the law is easy as long as you follow the same laws as you do locally and don't lie to the retailer.

How surprised would you be to find out that current methods for preventing under 18s from buying alcohol online were not very effective? Not very? No, neither were we, but discovering exactly why has been an interesting journey!

And it gets worse when alcohol is bought as part of a larger order, for example a supermarket delivery or with a gift. The alcohol can sometimes be effectively hidden within the larger online basket, bypassing the age checks both online and on the doorstep.

No. A distillery in dry territory is not be permitted to have souvenir package sales under KRS 243.0305, or obtain a sampling license under KRS 243.0307. However, a precinct in a dry territory can have a moist local option election to permit distilleries in the precinct to sell alcoholic beverage samples, drinks or souvenir packages to consumers visiting the distillery. KRS 242.1243.

No. It is a crime to sell alcoholic beverages to consumers in Kentucky without a license. KRS 243.020(1); KRS 243.990(2). In an effort to avoid potential criminal culpability or civil liability, most online auction companies or sale listing services specifically prohibit a person from selling alcoholic beverages under their user terms of agreement.As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation. 804 KAR 5:080. See also KRS 241.010(66); KRS 243.232.As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license. KRS 243.036(2)(c).

Yes. A producer licensee may contract with an independent contractor/third party to conduct alcohol sales at the producer's licensed premises under the producer's license as its agent. KRS 243.020(1). Of course, the producer licensee is responsible for any violation committed by its third-party agent. KRS 243.490(6).If a producer intends to use a third party/independent contractor to sell alcoholic beverages on its behalf at the licensee's premises, the licensee must notify the Department with relevant information and provide copies of the relevant management, service or other agreement between the licensee and third party/independent contractor. KRS 243.390(2).

Yes and No. Kentucky law does not allow an unlicensed person to sell a bottle of distilled spirits or wine directly to another unlicensed person. KRS 243.020(1); KRS 243.240; KRS 243.990(2). As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation. 804 KAR 5:080. See also KRS 241.010(66) KRS 243.232.As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license. KRS 243.036.

The medical amnesty law is designed to encourage minors (persons under age twenty-one (21)) to immediately seek emergency medical attention if they or others have consumed a dangerous amount of alcohol. The law provides immunity from criminal prosecution for certain alcohol related offenses described in the statutes if the reporting individual fully cooperates with emergency medical assistance personnel and law enforcement officers. Medical amnesty laws are not designed or intended to immunize minors from punishment who simply drink alcohol. KRS 244.992.

Generally, raffles are not permitted on licensed premises since they constitute illegal gambling. KRS 243.500(6); KRS 528.010. There are three (3) exceptions under which raffles are permitted on licensed premises: (1) lottery tickets issued under the authority of the Kentucky Lottery Corporation; (2) raffle tickets sold by charities, licensed or exempted, under the charitable gaming laws; and (3) raffles conducted by a holder of a special temporary alcoholic beverage auction license that comply with charitable gaming laws. KRS 243.500(6)(a),(b) and (d); KRS 243.036(2)(a).

A Kentucky resident, or military person moving to Kentucky, can bring alcoholic beverages purchased for personal use in another country back to Kentucky so long as necessary taxes are paid. As of June 1, 2018, the form that a Kentucky resident must complete and file with the Kentucky Department of Revenue for that purpose is Revenue Form 73A504, which can be found at: Kentucky does not have a quantity restriction on the amount of personal alcoholic beverages that may be brought to a Kentucky residence.Revenue Form 73A504 should allow a person to get through Federal Customs with their personal alcoholic beverages It is recommended that a person complete and obtain a signature from a Customs official or transportation officer on Revenue Form 73A504 and keep a copy of it when returning to United States. If not signed, Customs may hold the person's household goods in storage until the taxes are paid even though Kentucky does not require that the tax to be paid until the alcoholic beverages are in the state.On Revenue Form 73A504, be sure to specify cases or bottles in the "Containers" column under "No." and "Size." For your information, as of June 1, 2018, the excise tax for wine is $.50 per wine gallon (128 oz.), for distilled spirits is $1.92 per distilled spirts gallon (128 oz.), and for malt beverages is $.080646 per gallon (or $2.50 for a 31 gallon barrel). Example: The excise tax on 1 case (12 bottles that are 750 milliliters each) of wine is $1.19, while the excise tax on the same volume of distilled spirits $4.56. The excise tax on 1 case (24 bottles that are 12 ounces each) on malt beverages is $.18. If you have any questions about Revenue Form 73A504, please contact Elizabeth A. Gonzalez at the Department of Revenue: should also check with the federal Alcohol and Tobacco Tax and Trade Bureau ("TTB"), about any federal requirements. TTB information can be found at: _importation.shtml. 041b061a72


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