Key Takeaways
- The bill was signed by the governor on April 10, 2026, as Acts Chapter 70 and was designated an emergency measure.
- The law concerns licensing for tobacco, nicotine, and vapor products and creates a new section within KRS 438.305 to 438.350.
- The Department of Alcoholic Beverage Control must publish the application form and required licensing components on its website within 30 days and issue administrative regulations within the same period.
- The law prohibits the department from imposing any licensing requirements beyond those expressly prescribed in statute.
- Any retailer selling tobacco, nicotine, or vapor products in Kentucky without a current license must submit an initial application form and licensing fee within 60 days of the law’s effective date.
2Firsts, April 14, 2026
According to the bill record, a Kentucky measure relating to tobacco, nicotine, and vapor product licensure was signed by the governor on April 10 and enacted as Acts Chapter 70.
The law establishes a licensing framework for tobacco, nicotine, and vapor products
The bill is titled “AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an emergency.” It creates a new section within KRS 438.305 to 438.350 to establish requirements for application forms and the broader licensing framework for tobacco, nicotine, and vapor products.
The law states that the Department of Alcoholic Beverage Control may not impose any additional licensure requirements beyond those prescribed in statute. It also requires the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license.
The department must publish forms and regulations within 30 days
The law requires the department to publish the application form on its website within 30 days of the act’s effective date and to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within the same 30-day period.
It also provides that if a license is not issued, the licensing fee must be refunded to the applicant. For renewals, a renewal form and licensing fee must be submitted to the department.
The new law allows batch licensing and sets rules on ownership changes and denials
The act defines “batch license” and allows a retailer already licensed under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next alcohol license renewal. Applicants or licensees may batch license through a single application or renewal form, but the licensing fee must be multiplied by the number of locations or premises to be licensed or renewed.
The law also requires the department to establish a single application and renewal form for batch licenses and allows the department to request a supplemental form when an alcohol license requires additional information. It further establishes a grace period for correcting errors in an application, requirements for changes of ownership, and grounds for denial of an application.
Unlicensed retailers must apply within 60 days
The act repeals KRS 438.3065, which had established transitional licensing, and states that the act may not delay enforcement. Any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license must submit an initial application form and licensing fee within 60 days of the law’s effective date.
The law also credits a licensee’s 2025 licensing fee toward its upcoming 2026 fee payment. Part of the act applies retroactively to January 1, 2026.
Photo source: Kentucky State Legislature
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