For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BATCH RENEWAL." The simultaneous renewal of multiple licenses held by a licensee for more than two premises.
"BED AND BREAKFAST." One-family dwelling unit that has guest rooms or suites used, rented, or hired out for occupancy or that are occupied for sleeping purposes by persons not members of the single- family unit; holds a permit under KRS Chapter 219; and has an innkeeper who resides on the premises or property adjacent to the premises during periods of occupancy.
"BOARD." The State Alcoholic Beverage Control Board established pursuant to KRS 241.030.
"BOTTLING HOUSE OR BOTTLING HOUSE STORAGE LICENSE." The distilled spirits administrator may issue a bottling house or bottling house storage license only to persons who are authorized under this chapter to store or warehouse distilled spirits or wine. The bottling house or bottling house storage license shall authorize the licensee to bottle and store distilled spirits on the premises designated in the license. The holder of a bottling house or bottling house storage license may also hold a distilled spirits and wine storage license.
"BREWER LICENSE." A brewer's license shall authorize the licensee to engage in the business of a brewer at the premises specifically designated in the license, and to transport for itself only any malt beverage which the licensee is authorized by its license to manufacture or sell, but the licensee shall transport any malt beverages in accordance with the requirements provided by KRS 243.120 for distillers. A brewer may sell any malt beverage produced under its license to:
(1) A licensed wholesaler from the licensed premises;
(2) Any of its employees for home consumption;
(3) Charitable or fraternal organizations holding group meetings, picnics, or outings; and
(4) A customer, strictly limited to the following types of sales on the premises of a brewery located in wet territory:
(a) By the drink sales for consumption on the premises only, to be conducted in a taproom or similar space that is located at the licensed brewery; and
(b) Package sales for off-premises consumption only by using a refillable, resealable growler.
A licensed brewer may buy malt beverages from another licensed brewer in this state or nonresident brewer authorized by the law of the state of its residence, and by the United States government if located in the United States, to make these sales. Employees of a licensed brewer may sample the products produced by that manufacturer for purposes of education, quality control, and product development. A brewer may serve on the licensed premises of its brewery complimentary samples of malt beverages produced at the brewery in an amount not to exceed 16 ounces per patron per day, if the brewery is located in wet territory.
"CATERER (MALT BEVERAGE, DISTILLED SPIRITS AND WINE)." A professional food service business preparing food in a licensed and inspected commissary, transporting food and alcoholic beverages (malt beverage, distilled spirits and wine) to the caterer’s designated and inspected banquet hall or to a location selected by the customer, and servicing the food and alcoholic beverages to the customer’s guests.
"CITY LICENSE." A license established and authorized pursuant to the terms hereof and issued by the city.
"CITY LICENSEE." A person who has been issued a city license pursuant to the terms hereof by the city, including the officers and agents of the licensee.
"DISTILLER LICENSE." A license for any person who is engaged in the business of manufacturing distilled spirits. A distiller may sell distilled spirits by the drink or by the package at retail to consumers in accordance with KRS 243.0305.
"DISTRIBUTOR LICENSE." A license for any person who distributes malt beverages for the purpose of being sold at retail.
"KRS." Kentucky Revised Statutes.
"MICROBREWERY LICENSE." A microbrewery license shall authorize the licensee to perform the following functions:
(1) Engage in the business of a brewer under the terms and conditions of KRS 243.150, provided that production of malt beverages at the microbrewery shall not exceed 50,000 barrels in one year;
(2) Serve on the premises complimentary samples of malt beverages produced by the microbrewery in amounts not to exceed 16 ounces per patron, provided the microbrewery is located in wet territory;
(3) Sell malt beverages produced on the premises of the microbrewery to licensed distributors;
(4) Sell malt beverages produced on the premises of the microbrewery for on- and off-premises purposes in accordance with subsection (3)(b) and (c) of this section, pursuant to the following:
(a) Without restriction on the amount of malt beverages sold by the drink for on-premises consumption; and
(b) With a restriction on the amount of malt beverages sold for off-premises consumption, in an aggregate amount not to exceed 31 gallons per person per day that shall not include more than three cases in case format; and
(5) Sell:
(a) Unlimited amounts of malt beverages by the drink; and
(b) Not more than one case of packaged malt beverages; produced on the premises of the microbrewery to consumers at fairs, festivals, and other similar types of events located in wet territory, in accordance with subsection (3)(b)2. and (c)2. of this section.
"NONQUOTA OR NQ MALT BEVERAGE PACKAGE LICENSE." A nonquota retail malt beverage package license shall authorize the licensee to sell malt beverages at retail by the package from the licensed premises only for consumption off the licensed premises only; and purchase malt beverages only from a distributor. The holder of a quota retail package license under KRS 243.240 may also obtain a license under this section. The holder of a nonquota retail malt beverage package license may also hold a NQ4 retail malt beverage drink license. A nonquota retail malt beverage package license shall not be issued to sell malt beverages at retail for any premises from which gasoline and lubricating oil are sold or from which the servicing and repair of motor vehicles is conducted, unless there is maintained in inventory on the premises for sale at retail not less than $5,000 of food, groceries, and related products valued at cost. For purposes of this subsection, the term "food and groceries" has the meaning provided in KRS 243.280.
"NQ-1 RETAIL DRINK LICENSE." A license issued to an applicant operating a convention center, railroad system, or state park. A qualifying convention center, railroad system, or state park holding a NQ-1 may purchase, receive, possess, and sell distilled spirits, wine and malt beverages by the drink for consumption on the licensed premises. The NQ-1 license does not authorize package sales. The licensee shall purchase alcoholic beverages only from licensed wholesalers or distributors. The holder of an NQ1 retail drink license under this section shall store alcoholic beverages in the manner prescribed in KRS 244.260.
"NQ-2 RETAIL DRINK LICENSE." A license issued to an applicant operating a hotel, distiller or restaurant. A qualifying hotel, distiller or restaurant holding a NQ-2 may purchase, receive, possess, and sell distilled spirits, wine and malt beverages by the drink for consumption on the licensed premises. The NQ-2 license does not authorize package sales. The licensee shall purchase alcoholic beverages only from licensed wholesalers or distributors. A distiller may purchase its own products for retail drink sales under KRS 243.0305. The holder of an NQ2 retail drink license shall store alcoholic beverages in the manner prescribed in KRS 244.260.
"NQ-3 RETAIL DRINK LICENSE." A license issued to a private club in existence for longer than one year prior to the license application from which the general public is excluded; a dining car; a bed and breakfast; or a distiller and shall authorize the licensee to exercise the privileges of a NQ2 retail drink licensee.
"NQ-4 RETAIL DRINK LICENSE." A license issued to the holder of a quota retail drink license, microbrewery license, small farm winery license, or any other business wishing to sell malt beverages by the drink for consumption on the premises only. An NQ4 retail malt beverage drink license shall authorize the licensee to: sell malt beverages at retail by the drink from only the licensed premises for consumption at the licensed premises only; and purchase malt beverages only from a distributor. The holder of an NQ4 retail malt beverage drink license may also hold a nonquota retail malt beverage package license.
"PERSON." Any natural person, corporation, partnership, joint venture, or unincorporated association of persons or any combination thereof, and the shareholders, officers, agents, and servants, and employees thereof.
"PREMISES." The premises described in the city license issued pursuant to the terms hereof and the application therefor.
"QUOTA RETAIL DRINK LICENSE." A quota retail drink license shall authorize the licensee to purchase, receive, possess, and sell distilled spirits and wine at retail by the drink for consumption on the licensed premises. The licensee shall purchase distilled spirits and wine only from licensed wholesalers.
"QUOTA RETAIL PACKAGE LICENSE." A quota retail package license shall authorize the licensee to: purchase, receive, possess, and sell distilled spirits and wine at retail in unbroken packages only, and only for consumption off the licensed premises; and deliver or ship to the customer, at the customer's request, alcoholic beverages that are purchased: from the licensed premises where 80% of the monthly gross sales receipts are sales to Kentucky residents, in quantities not to exceed four and one-half liters of distilled spirits and four cases of wine per purchaser per day for sales prior to January 1, 2021, and in quantities not to exceed an aggregate of nine liters of distilled spirits and four cases of wine per purchaser per day on and after January 1, 2021; and by subscription members or club program members, in quantities not to exceed an aggregate of nine liters per calendar year for distilled spirits, and an aggregate of one case of wine per month per calendar year, provided that the enrollment and payment for the subscription or club is arranged in person at the premises. The licensee shall purchase distilled spirits and wine in retail packages only and only from licensed wholesalers. All deliveries or shipments made pursuant to this section shall be made through a licensed transporter or licensed common carrier authorized to deliver or ship distilled spirits in the jurisdiction to which the products will be delivered or shipped.
"RECTIFIER LICENSE." A license allowing any person who rectifies, purifies, or refines distilled spirits or wine by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying, or refining distilled spirits by mixing alcoholic beverages with any materials, manufactures any imitations of or compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters, or any other name.
"SPECIAL SUNDAY RETAIL DRINK LICENSE." A license for holders of a quota retail drink license, a NQ-1 retail drink license, a NQ-2 retail drink license or a NQ-3 retail drink license that have applied to the state Director and met all other legal requirements for obtaining a special Sunday retail drink license.
"SPECIAL TEMPORARY ALCOHOLIC BEVERAGE AUCTION LICENSE." A license that may be issued to charitable organizations that purchase, transport, receive, possess, store, sell, and deliver alcoholic beverages to be sold at charity events by auction or by raffle.
"SPECIAL TEMPORARY LICENSE." A license that may be issued to any regularly organized fair, exposition, racing association, or other party, when a necessity exists that shall authorize the licensee to exercise the privileges of a quota retail drink licensee and a NQ4 retail malt beverage drink licensee at designated premises for a specified and limited time, not to exceed 30 days, and shall expire when the qualifying event ends. All restrictions and prohibitions apply.
"STATE." The Commonwealth of Kentucky.
"STATE LICENSE." A license authorized by KRS 243.030 to 243.680.
"TRAFFIC IN ALCOHOLIC BEVERAGES." Any action, business, or transaction in regard to the production, storage, transportation, distribution, sale, delivery, and transfer of alcoholic beverages.
"WHOLESALER LICENSE." A license for any person who distributes alcoholic beverages for the purpose of being sold at retail, but it shall not include a subsidiary of a manufacturer or cooperative of a retail outlet.
(Ord. 491, passed 11-12-91; Am. Ord. 708, passed 11-28-00; Am. Ord. 2005-12, passed 4-26-05; Am. Ord. B2006-15, passed 6-20-06; Am. Ord. B2007-7, passed 4-24-07; Am. Ord. B2007-30, passed 11-17-07; Am. Ord. B2013-13, passed 7-12-13; Am. Ord. B2013-19, passed 11-26-13; Am. Ord. B2015-37, passed 12-29-15; Am. Ord. B2016-14, passed 9-27-16; Am. Ord. B2018-18, passed 9-4-18)