4-60-081 Restrictions on caterers.
   (a)   Every person engaged in the sale of alcoholic liquor as a caterer shall keep a record of each event catered by that person. The record shall indicate the place and time of the event; the name of the person hiring the caterer; the compensation paid to the caterer; and the types of alcoholic liquor and the quantity of each type sold at the event. All such records shall be kept at the caterer's place of business and available for inspection by any authorized representative of the department of business affairs and consumer protection, the police department or the local liquor control commissioner for at least five years after the event.
   (b)   Solely with respect to a caterer whose licensed place of business (for purposes of this subsection, "premises") is located in an area where no liquor may be sold at retail as the result of a referendum pursuant to the Liquor Control Act (for purposes of this subsection "vote-dry area"), the following shall apply:
         (i)   The caterer's on-premises storage of alcoholic liquor shall not be considered selling such liquor, and
         (ii)   The caterer's sale of alcoholic liquor shall be deemed to take place where such liquor is dispensed.
      Accordingly, a caterer's liquor license may be issued under this chapter for premises located in a vote-dry area, and a caterer may store alcoholic liquor on- premises pursuant to such a license. Regardless of where a caterer's premises is located, the caterer may sell or dispense alcoholic liquor only within a private residence in a vote-dry area.
   (c)   A caterer shall sell alcoholic liquor only to the client or sponsor of a catered event, and only by the full, unopened container. No person shall sell or offer for sale individual drinks or servings of alcoholic liquor at a catered event. No caterer shall charge the client or sponsor of a catered event a price per individual serving or drink of alcoholic liquor.
   (d)   Either the caterer or an employee of the caterer shall be present at all times during a catered event where alcoholic liquor is dispensed. The caterer or caterer's employee shall have on his person proof of a valid caterer's liquor license or valid caterer's liquor license, incidental activity, as well as proof of an alcohol server's training certificate for at least one server at the event.
   (e)   Unopened containers of alcoholic liquor delivered to a catered event by the caterer, and not consumed at the event, must be removed by the caterer at the conclusion of the event. If the client or sponsor of the event has prepaid for the unconsumed alcoholic liquor, the caterer either shall refund that portion of the bill to the client, or shall adjust the final bill for the event to reflect a rebate for the unconsumed alcoholic liquor. A caterer may donate unconsumed alcoholic liquor to the client or sponsor of the catered event, if the client or sponsor is a not-for-profit organization. It is a violation of this subsection for any person to open a container of alcoholic liquor for the sole purpose of charging the client or sponsor of the event for the cost of that container.
(Added Coun. J. 3-28-01, p. 55769, § 7; Amend Coun. J. 9-29-04, p. 32141, § 2; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-19-17, p. 48180, Art. III, § 10)