Kentucky Alcoholic Beverage Control Board v. Anheuser-Busch, Inc.

HOWARD, Judge.

Anheuser-Busch, Inc. applied for a beer distributor’s license under KRS 243.040. However, its application was rejected by the Kentucky Alcoholic Beverage Control Board pursuant to its regulation, 804 KAR 4:015, that prohibits interlocking interests between wholesalers, distributors, and manufacturers of malt beverages. The trial court set aside the order of the Board and ordered same to issue the license. Hence, this appeal from the trial court.

The regulation in question attempts to prevent a monopoly in the beer business which might occur where those who have financial…