Page 1 of 3 ABC Instructions for ABC FORM 714 Revised 03/2012 Commonwealth of Kentucky DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1003 Twilight Trail Frankfort, Kentucky 40601-8400 Telephone (502) 564-4850 Fax (502) 564-1442 http://abc.ky.gov/ INSTRUCTIONS FOR “MALT BEVERAGE DISTRIBUTOR TERRITORIAL AGREEMENT AND BRAND REGISTRATION APPROVAL” - FORM 714 Form must be typed or filled in electronically online at: http://www.abc.ky.gov/Pages/miscellaneous.aspx 1. BREWER - Name of brewer (type producer's information including email and phone number of the person filling out this brand registration form) 2. SUPPLIER - Mark if you are the importer or the master distributor. (Type your information including email and phone number of person filling out this form). The brewer information in item 1 must be complete. 3. KENTUCKY BEER DISTRIBUTOR- (Type all information, including the contact person's name, phone number and email address) 4. CONTACT PERSON - Include the person's name, contact phone number and email address. It is important for Ky.ABC employees be able to process your request and return this brand approval for you as soon as possible. Misspelled brand names and unanswered questions on the form 714 are two (2) of the main reason approvals are delayed. Incomplete 714's will be returned unapproved by the ABC Department. 5. BRAND INFORMATION - Type the brand(s) of malt beverages (including all seasonal, promotional, and flavors) to be distributed by the Kentucky Distributor listed in Section (3) of ABC form 714. Type each brand name exactly as it appears on the Federal COLA approval from TTB, and pay special attention to the correct spelling and full name of each brand. Include the email address and contact phone number of the contact person completing this section. Use additional sheets of paper if additional space it needed. 6. CONTRACT TERM - This question is asking for the effective date of contracts between the brewery/supplier and the Kentucky Beer Distributor. If adding a new territory the “effective date” would reference the new territorial assignment to the distributor by/from the brewer/supplier. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 3 ABC Instructions for ABC Form 714 Revised 03/2012 Continued - INSTRUCTIONS FOR "MALT BEVERAGE DISTRIBUTOR TERRITORIAL AGREEMENT AND BRAND REGISTRATION APPROVAL" - FORM 714 Form must be typed or filled in electronically online at: http://www.abc.ky.gov/Pages/miscellaneous.aspx 7. TERRITORY - Type the assigned territory for each brand. If necessary provide detailed maps, diagrams, contracts or other documentation showing where this brand may be sold by your company. If your brand territory is “statewide”, further state exactly the area(s) you will service. This should include “special” territories by name, i.e. name of golf course, name of qualified historic site, or name of small farm winery. 8. SIGNATURES - Obtain all necessary signatures. Type each person's name that will sign the ABC form 714. ABC will accept hand written and digital signatures along with mail, fax or email submission to: Abc.Malt@ky.gov American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 3 ABC Instructions for ABC Form 714 Revised 03/2012 Continued - INSTRUCTIONS FOR "MALT BEVERAGE DISTRIBUTOR TERRITORIAL AGREEMENT AND BRAND REGISTRATION APPROVAL" - FORM 714 y Form must be typed or filled in online at: http://www.abc.ky.gov/Pages/miscellaneous.aspx y Attach a copy of the brand label or Federal COLA approval showing each label. Correct and exact spelling of brand names are crucial for your request to be properly associated in our computer system. Labels or copies will be scanned into our computer system then destroyed. y You may mail, fax or email your request for brand approval to: Abc.Malt@ky.gov y List the contact person that completes ABC form 714 and include their email address and contact telephone number, so we may contact you if we have questions or need additional information. Once ABC has granted brand registration approval, you will be notified by an email sent to the contact person listed on your ABC form 714. Malt Beverages may not be shipped, received, purchased or sold until brand registration approval has been granted by this Department. y New brand registration forms shall be resubmitted with this Department: o When the supplier name changes; o When the wholesaler changes; o When any new brands are added; o When a brand territory changes; o Seasonal, promotional, and flavors are considered a separate brand and shall be registered. o Contract dates or conditions change. y When brands are discontinued, dropped, deleted or become inactive, submit notification by email to the ABC Department at Abc.Malt@ky.gov. Notification shall include a list of brands “specifically”, the producer/supplier, and include what territories are affected. Complete versions of Ky. ABC laws and regulations may be read and downloaded at: http://www.lrc.ky.gov KRS 244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer -- Permissible shipments of wine into Kentucky by out-of-state small farm wineries -- Penalty. http://www.lrc.state.ky.us/KRS/244-00/165.PDF KRS 244.167 Unlawful acts relating to wholesalers or distributors -- Definition of "primary source of supply". http://www.lrc.state.ky.us/KRS/244-00/167.PDF KRS 244.550 Adulteration of malt beverages prohibited: http://www.lrc.state.ky.us/KRS/244-00/550.PDF KRS 244.570 Brewer or distributor not to be financially interested in retail premise: http://www.lrc.state.ky.us/KRS/244-00/570.PDF KRS 244.580 Exclusive outlets prohibited: http://www.lrc.state.ky.us/KRS/244-00/580.PDF KRS 244.585 Distributor of malt beverages not to sell outside his designated territory - Contract between distributor and supplier. Date your contract begins and expires. http://www.lrc.state.ky.us/KRS/244-00/585.PDF KRS 244.606 Contents of agreement among brewer, importer, and distributor: http://www.lrc.state.ky.us/KRS/244-00/606.PDF 804 KAR 4:280 Affiliated businesses: http://www.lrc.ky.gov/kar/804/004/280.htm American LegalNet, Inc. www.FormsWorkFlow.com ABC FORM 714 - Revised 03/2012 Page 1 of 3 Malt Beverage Distributor Territorial Agreement and Brand Registration Approval ABC FORM 714 MALT BEVERAGE DISTRIBUTOR TERRITORIAL AGREEMENT AND BRAND REGISTRATION APPROVAL Commonwealth of Kentucky DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1003 Twilight Trail Frankfort, Kentucky 40601-8400 Telephone (502) 564-4850 Fax (502) 564-1442 Form must be typed or filled in online at: http://www.abc.ky.gov/Pages/miscellaneous.aspx A SEPARATE FORM MUST BE MADE FOR EACH BRAND IF HANDLED IN MORE THAN ONE TERRITORY BY DIFFERENT BEER DISTRIBUTORS. THIS FORM MAY BE REPRODUCED IF ADDITIONAL SPACE IS NEEDED. SUBMIT TO THE KENTUCKY ABC DEPARTMENT YOUR REQUEST FOR APPROVAL NO LATER THAN 20 DAYS PRIOR TO THE INTRODUCTION OF A NEW BRAND IN KENTUCKY OR ANY CHANGES IN CURRENT AGREEMENTS. 1. BREWER NAME ADDRESS TELEPHONE # FAX # CONTACT PERSON(type name) PHONE EMAIL 2. SUPPLIER INFORMATION: Check one: Are you the importer or the master distributor for this brand(s)? COMPANY NAME ADDRESS TELEPHONE # FAX # CONTACT PERSON(type name) PHONE EMAIL 3. LICENSE NUMBER KENTUCKY BEER DISTRIBUTOR’S NAME ADDRESS TELEPHONE # FAX # CONTACT PERSON(type name) PHONE EMAIL LICENSE NUMBER American LegalNet, Inc. www.FormsWorkFlow.com ABC FORM 714 - Revised 03/2012 Page 2 of 3 Malt Beverage Distributor Territorial Agreement and Brand Registration Approval 4. Kentucky Beer Distributor LICENSE # Date of request CONTACT PERSON: (Type Name) Email Contact Telephone # Have you attached the label(s) for each brand you are registering in section (5)? 5. Fax # YES BRAND INFORMATION: List the brand(s) of malt beverages to be distributed by the Kentucky Distributor listed in number# 3 of this form. Attach additional sheets of paper if more space is needed. Are these brands of malt beverages currently assigned, or have been recently assigned, to any other Kentucky Beer Distributor for the same territory? YES NO If yes, you SHALL obtain the signature of the Kentucky Beer Distributor this agreement will replace in #7 of this form. American LegalNet, Inc. www.FormsWorkFlow.com ABC FORM 714 - Revised 03/2012 Page 2 of 3 Malt Beverage Distributor Territorial Agreement and Brand Registration Approval 6. LICENSE # Date of request CONTRACT TERMS: Franchise Agreements – Territorial Assignments between producer/supplier and the Kentucky beer distributor. 7. Kentucky Beer Distributor Effective Date: TERRITORY INFORMATION: Attach additional sheets of paper if more space is needed. Describe the assigned territory in detail. 8. SIGNATURES: The undersigned do hereby swear or affirm that upon request by the Commonwealth of Kentucky, Department of Alcoholic Beverage Control or its representatives shall provide copies of all brand contracts within five (5) working days. The undersigned do hereby swear or affirm that all statements contained in this ABC 714 form and all its attachments are true and correct to the best of my knowledge, information and belief. The parties further agree that we shall not engage in any activity involving alcoholic beverages at the premises described herein until appropriate approval(s) by the Department of Alcoholic Beverage Control have been issued. Once the approval(s) is issued, we hereby swear or affirm that we shall abide by all state and local statutes, regulations, and ordinances relating to the manufacture, sale, use, and trafficking in alcoholic beverages. Signature of Brewer: X. Title Date Type name of person signing: Signature of Importer or Master Supplier (if applicable): X. Type name of person signing: Title Date Title Date Signature of Kentucky Beer Distributor: X. Type name of person signing: Signature of Distributor being replaced by this agreement (if applicable): Title X. Type name of person signing: Date Kentucky ABC License Number# Your signed, dated and completed forms may be submitted to the Kentucky ABC by: Mail - Fax - Email to: Abc.Malt@ky.gov E-mail to ABC American LegalNet, Inc. www.FormsWorkFlow.com