Alcoholic Beverage Control Board v. Hunter

STEWART, Judge.

This controversy tests the validity of an administrative rule known as “Regulation ABC 2:80”, promulgated November 1, 1956, by the Alcoholic Beverage Control Board of the Commonwealth of Kentucky (herein referred to as “the Board”). It provides in substance that if any retailer is found guilty of giving a check in payment for aleo-*282holic beverages without sufficient funds in the bank to cover such check, this fact may be deemed prima facie evidence that he is obtaining forced credit from the wholesaler and that he is guilty of a presumptive violation of the cash clause of the…