Buying Too Much Vintage Bourbon in Kentucky Could Soon Lead to Jail Time

bourbon

New legislation is on the table in The Commonwealth, a vintage bourbon bill, places initiatives to regulate the market. (Photo: Buffalo Trace)

On Feb. 8, The Owensboro Times reported that a new bill that will impact vintage bourbon, House Bill 439, received unanimous approval to advance from the Kentucky House Licensing, Occupations and Administrative Regulations Committee. The bill is sponsored by Rep. Matthew Koch and Rep. Ruth Palumbo, who claimed the bill was meant to tighten up previous laws involving vintage spirits sales within the Bluegrass State.

VinePair reported in September 2020 that House Bill 100, which passed on Jan. 1, 2018, allowed retailers the ability to purchase “vintage spirits” — or “dusties,” as they are affectionately called within the bourbon hunting community — and sell them. The bill was controversial, as many distilleries worried counterfeiters and opportunists would exploit the bill to their advantage, as there were few repercussions — until now.

“We’re not saying they can’t sell it,” Koch said, according to The Owensboro Times. “We are saying how much they can sell. We are preventing the seller from being able to turn this into an entire livelihood because that’s not what was intended from all of this.”

Some of the provisions of the bill involve charging vendors a $300 annual license fee to sell vintage bourbons. The bill mandates that all vintage bourbon transactions be made in person, and imposes a purchasing cap of no more than 24 bottles of vintage bourbon per licensee a year. Sellers will have to file monthly reports divulging the details about the purchases, dates, and quantities. Those operating in violation of this law could face misdemeanor or Class D felony charges on multiple offenses.

“First thing we did was we created a vintage spirit license, which the retailer can get for $300,” Koch told The Owensboro Times. “That’ll allow the ABC, who’s a regulatory agency to identify who is actually doing this so they can now police the work.”

The legislation additionally allows The Commonwealth to auction any confiscated alcohol found in violation of the bill, and proceeds from the auctions would go to alcohol wellness programs.

House Bill 439 was met with bipartisan approval and moved forward.

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Cynthia Mersten is a former editor for Bottle Raiders and has worked in the Beverage Industry for eight years. She started her career in wine and spirits distribution and sold brands like Four Roses, High West and Compass Box to a variety of bars and restaurants in the city she calls home: Los Angeles. Cynthia is a lover of all things related to wine, spirits and story and holds a BA from UCLA’s School of Theatre, Film and Television. Besides writing, her favorite pastimes are photography and watching movies with her husband.