Bourbon bill up in the air in state legislature

FRANKFORT – A measure that would allow the state’s bourbon industry to provide free bourbon samples at upcoming events such as the Alltech FEI World Equestrian Games had a brief moment of hope Wednesday, but later in the day appeared in jeopardy.

The state Senate voted 32-3 to pass Senate Bill 5 on Wednesday to allow free bourbon samplings indefinitely. But the House later voted down a similar measure, House Bill 6, on a vote of 51-43.

Later Wednesday, the Senate bill was referred to the House Licensing and Occupations Committee and given its first reading in the House, which means there still could be time to work out an agreement before Friday, when the special session is scheduled to end.

“I would suspect that it is in jeopardy,” said House Speaker Greg Stumbo, D-Prestonsburg, after the House defeated the measure. “I think that if they want a bill, the proponents need to come to the table with some sort of reasonable compromise.”

When asked why there appeared to be so many problems with the bill, Stumbo said he wasn’t sure.

“I mean, where I come from, if you want to give away free liquor, that’s okay, for the most part,” Stumbo said. “But I don’t understand the complexities of that bill. … I think there was, quite frankly, a whole lot of confusion about the measure.”

But Eric Gregory, president of the Kentucky Distillers Association and a backer of the bill, said the industry will be talking to the 51 House members who voted against the measure. He said the industry is against allowing the measure to sunset after the World Equestrian Games this fall at the Kentucky Horse Park in Lexington.

“As long as that Senate bill is still alive, there is still a glimmer of hope,” Gregory said. “It is too critical to our tourism industry.”

At the same time, Gregory said the industry is opposed to putting a time limitation on the measure or specifying the size of the venue or event where free bourbon can be sampled.

Those specific limits were included in changes made to the bill in a House committee earlier this week and contained a provision for the measure to sunset Oct. 31.

The sponsor of SB 5, Sen. Ernie Harris, R-Crestwood, said it not only would allow promotional samplings during the Games at the Kentucky Horse Park in Lexington Sept. 10 to Oct. 25 and the National Conference of State Legislatures in July in Louisville, but at other conferences across the state. Currently, free samples can only be given on bourbon distilleries’ properties.

In a confusing turn of events, House Licensing and Occupation Chairman Dennis Keene, D-Wilder, decided on Wednesday not to have the full House vote on the committee substitute that included a sunset provision and the charge of $500 a day for a sampling license.

“I have serious doubts.. that a bill could pass at all,” Keene said of the bourbon sampling issue. “Some of these legislative issues could not be overcome.”

Many of the 51 legislators who voted against the measure are from “dry” counties where alcohol is not served.

Voting against the bill in the Senate were Sens. Brandon Smith, R-Hazard; Ken Winters, R-Murray; and Vernie McGaha, R-Russell Springs.

Jay Hibbard, vice president of the Washington-based Distilled Spirits Council, said his group “applauds the Senate for their leadership and support for Kentucky’s signature bourbon industry.

“We believe this minor expansion of the existing tastings statute is appropriate and needed to support Kentucky’s distillers.

“Though we are disappointed the House rejected similar legislation, we hope state representatives will now give strong consideration to the Senate version, Senate Bill 5, in the remaining days of the special session.”

–Jack Brammer and Beth Musgrave

Filed Under: Featured • KY General Assembly