For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ALCOHOL.” Ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from whatever source or by whatever process it is produced.
“ALCOHOL VAPORIZING DEVICE” or “AWOL DEVICE.”
(1) Any device, machine, or process that mixes liquor, spirits, or any other alcohol product with pure oxygen or by any other means produces a vaporized alcoholic product used for human consumption.
(2) “ALCOHOL VAPORIZING DEVICE” or “AWOL DEVICE” does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medical or a device installed and used by a licensee under this chapter to demonstrate the aroma of an alcoholic beverage.
“ALCOHOLIC BEVERAGE.” Every liquid, solid, powder, or crystal whether patented or not, containing alcohol in an amount in excess of more than 1% of alcohol by volume, which is fit for beverage purposes. It includes every spurious or imitation liquor sold as, or under any name commonly used for alcoholic beverages, whether containing any alcohol or not. It does not include the following products:
(1) Medicinal preparations manufactured in accordance with formulas prescribed by the United States pharmacopoeia. National Formulary, or the American Institute of Homeopathy;
(2) Patented, patent, and proprietary medicines;
(3) Toilet, medicinal, and antiseptic preparations and solutions;
(4) Flavoring extracts and syrups;
(5) Denatured alcohol or denatured rum;
(6) Vinegar and preserved sweet cider;
(7) Wine for sacramental purposes; and
(8) Alcohol unfit for beverage purposes that is to be sold for legitimate external use.
“AUTOMOBILE RACE TRACK.” A facility primarily used for vehicle racing that has a seating capacity of at least thirty thousand (30,000) people.
“BED AND BREAKFAST.” A one (1) family dwelling unit that:
(1) 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;
(2) Holds a permit under KRS Chapter 219; and
(3) 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 created by KRS 241.030;
“BOTTLE.” Any container which is used for holding alcoholic beverages for the use and sale of alcoholic beverages at retail.
“BREWER.” Any person who manufactures malt beverages or owns, occupies, carries on, works, or conducts any brewery, either alone or though an agent.
“BREWERY.” Any place or premises where malt beverages are manufactured for sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, and storerooms connected with the premises; or where any part of the process of the manufacture of malt beverages is carried on; or where any apparatus connected with manufacture is kept or used; or whether any of the products of brewing or fermentation are stored or kept;
“BUILDING CONTAINING LICENSED PREMISES.” The licensed premises themselves and includes the land, tract of land, or parking lot in which the premises are contained, and any part of any building connected by direct access or by an entrance which is under the ownership or control of the licensee by lease holdings or ownership.
“CATERER.” A person operating a food services business that prepares food in a licensed and inspected commissary, transports the food and alcoholic beverages to the caterer’s designated and inspected banquet hall or to an agreed location and serves the food and alcoholic beverages pursuant to an agreement with another person.
“CHARITABLE ORGANIZATION.” A nonprofit entity recognized as exempt from federal taxation under section 501(c) of the Internal Revenue Code (26 U.S.C. sec. 501 (c)) or any organization having been established and continuously operating within the Commonwealth of Kentucky for charitable purposes for three (3) years and which expends at least 60% of its gross revenue exclusively for religious, educational, literary, civic, fraternal, or patriotic purposes.
“CIDER.” Any fermented fruit-based beverage containing 7% or more alcohol by volume and includes hard cider and perry cider.
“CITY ADMINISTRATOR.” The City of Florence Alcoholic Beverage Control Administrator.
“COMMERCIAL AIRPORT.” An airport through which more than five hundred thousand (500,000) passengers arrive or depart annually.
“COMMERCIAL QUADRICYCLE.” A vehicle equipped with a minimum of ten (10) pairs of fully operative pedals for propulsion by means of human muscular power exclusive and which:
(1) Has four (4) wheels;
(2) Is operated in a manner similar to that of a bicycle;
(3) Is equipped with a minimum of thirteen (13) seats for passengers;
(4) Has a unibody design;
(5) Is equipped with a minimum of four (4) hydraulically operated brakes;
(6) Is used for commercial tour purposes; and
(7) Is operated by the vehicle owner or an employee of the owner.
“COMMISSIONER.” The commissioner of the Department of Alcoholic Beverage Control.
“CONVENTION CENTER.” Any facility which, in its usual and customary business, provides seating for a minimum of one thousand (1,000) people and offers convention facilities and related services for seminars, training and educational purposes, trade association meetings, conventions, or civic and community events or for plays, theatrical productions, or cultural exhibitions.
“CONVICTED” or “CONVICTION.” A finding of guilt resulting from a plea of guilty, the decision of a court, or the finding of a jury, irrespective of a pronouncement of judgment or the suspension of the judgment.
“COUNTY ADMINISTRATOR.” County Alcoholic Beverage Control Administrator.
“DEPARTMENT.” The Department of Alcoholic Beverage Control.
“DINING CAR.” A railroad passenger car that serves meals to consumers on any railroad or Pullman car company.
“DISCOUNT IN THE USUAL COURSE OF BUSINESS.” Price reductions, rebates, refunds, and discounts given by wholesalers to distilled spirits and wine retailers pursuant to an agreement made at the time of the sale of the merchandise involved and are considered a part of the sales transaction, constituting reductions in price pursuant to the terms of the sale, irrespective of whether the quantity discount was:
(1) Prorated and allowed on each delivery;
(2) Given in a lump sum after the entire quantity of merchandise purchased had been delivered; or
(3) Based on dollar volume or on the quantity of merchandise purchased.
“DISTILLED SPIRITS” or “SPIRITS.” Any product capable of being consumed by a human being which contains alcohol in excess of the amount permitted by KRS Chapter 242 obtained by distilling, mixed with water or other substances in solution, except wine, hard cider, and malt beverages.
“DISTRIBUTOR.” Any person who distributes malt beverages for the purpose of being sold at retail.
“HORSE RACETRACK.” A facility licensed to conduct a horse race meeting under KRS Chapter 230.
“HOTEL.” A hotel, motel, or inn for accommodation of the traveling public, designed primarily to serve transient patrons.
“INVESTIGATOR.” Any employee or agent of the department who is regularly employed and whose primary function is to travel from place to place for the purpose of visiting licensees, and any employee or agent of the department who is assigned, temporarily or permanently, by the commissioner to duty outside the main office of the department at Frankfort, in connection with the administration of alcoholic beverage statutes.
“LICENSE.” Any license issued pursuant to this chapter or KRS Chapters 241 to 244.
“LICENSEE.” Any person to whom a license has been issued, pursuant to this chapter or KRS Chapters 241 to 244.
“LOCAL ADMINISTRATOR.” A city alcoholic beverage administrator, county alcoholic beverage administrator, or urban-county alcoholic beverage control administrator.
“MALT BEVERAGE.” Any fermented undistilled alcoholic beverage of any name or description, manufactured from malt wholly or in part, or from any substitute for malt, and includes weak cider.
“MANUFACTURE.” Distill, rectify, brew, bottle, and operate a winery.
“MANUFACTURER.” A winery, distiller, rectifier, or brewer, and any other person engaged in the production or bottling of alcoholic beverages.
“PREMISES.” The land and building in and upon which any business regulated by alcoholic beverage statutes is operated or carried on. It shall not include as a single unit two separate businesses as a enterprises of one owner on the same lot or tract of land, in the same or in different buildings if physical and permanent separation of the premises is maintained, excluding employee access by keyed entry and emergency exits equipped with crash bars, and each has a separate public entrance accessible directly from the sidewalk or parking lot. Any licensee holding an alcoholic beverage license on July 15, 1998, shall not, by reason of this subsection, be ineligible to continue to hold its license or obtain a renewal of the license.
“PRIMARY SOURCE OF SUPPLY” or “SUPPLIER.” The distiller, winery, brewer, producer, owner of the commodity at the time it becomes a marketable product, bottler, or authorized agent of the brand owner. In the case of imported products, the “PRIMARY SOURCE OF SUPPLY” means either the foreign producer, owner, bottler, or agent of the prime importer from, or the exclusive agent in, the United States of the foreign distiller, producer, bottler, or owner.
“PRIVATE CLUB.” A nonprofit social, fraternal, military, or political organization, club, or entity maintaining or operating a club room, club rooms, or premises from which the general public is excluded.
“PUBLIC NUISANCE.” A condition that endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by a community or neighborhood or by any considerable number of persons.
“QUALIFIED HISTORIC SITE.”
(1) A contributing property with dining facilities for at least fifty (50) persons at tables, booths, or bars where food may be served within a commercial district listed in the National Register of Historic Places;
(2) A site that is listed as a National Historic Landmark or in the National Register of Historic Places with dining facilities for at least fifty (50 persons at tables, booths, or bars where food may be served;
(3) A distillery which is listed as a National Historic Landmark and which conducts souvenir retail package sales under KRS 243.0305; or
(4) A not-for-profit facility listed on the national Register of Historic Places.
“RECTIFIER.” 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.
“REPACKAGING.” The placing of alcoholic beverages in any retail container irrespective of the material from which the container is made.
“RESTAURANT.” A facility where the usual and customary business is the preparation and serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least 50% of its food and alcoholic beverage receipts from the sale of food at the premises.
“RETAIL CONTAINER.” Any bottle, can, barrel, or other container which, without a separable intermediate container holds alcoholic beverages and is suitable and destined for sale to a retail outlet, whether it is suitable for delivery to the consumer or not.
“RETAIL SALE.” Any sale where delivery is made in Kentucky to any consumers.
“RETAILER.” Any licensee who sells and delivers any alcoholic beverage to consumers, except for producers with limited retail sale privileges.
“SALE.” Any transfer, exchange, or barter for consideration, including all sales made by any person, whether principal, proprietor, agent, servant, or employee of any alcoholic beverage.
“SELL.” Solicit or receive an order for, keep or expose for sale, keep with intent to sell, and the delivery of any alcoholic beverage.
“SERVICE BAR.” A bar, counter, shelving, or similar structure used for storing or stocking supplies of alcoholic beverages that is a workstation where employees prepare alcoholic beverage drinks to be delivered to customers away from the service bar.
“SMALL FARM WINERY.” A winery whose wine production is not less than two hundred fifty (250) gallons and not greater than one hundred thousand (100,000) gallons in a calendar year.
“SOUVENIR PACKAGE.” A special package of distilled spirits available from a licensed retailer that is:
(1) Available for retail sale at a licensed Kentucky distillery where the distilled spirits were produced or bottled; or
(2) Available for retail sale at a licensed Kentucky distillery but produced or bottled at another of that distiller’s licensed distilleries in Kentucky.
“STATE ADMINISTRATOR” or “ADMINISTRATOR.” The distilled spirits administrator or the malt beverages administrator, or both, as the context requires.
“SUPPLEMENTAL BAR.” A bar, counter, shelving, or similar structure used for serving and selling distilled spirits or wine by the drink for consumption on the licensed premises to guests and patrons from additional locations other than the main bar.
“TERRITORY.” A county, city, district, or precinct.
“VEHICLE.” Any device or animal used to carry, convey, transport, or otherwise move alcoholic beverages or any products, equipment, or appurtenances used to manufacture, bottle, or sell these beverages.
“WAREHOUSE.” Any place in which alcoholic beverages are housed or stored.
“WEAK CIDER.” Any fermented fruit-based beverage containing more than 1% but less than 7% alcohol by volume.
“WHOLESALE SALE.” A sale to any person for the purpose of resale.
“WHOLESALER.” 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.
“WINE.” The product of the normal alcoholic fermentation of the juices of fruits, with the usual processes of manufacture and normal additions, and includes champagne and sparkling and fortified wine of an alcoholic content not to exceed 24% by volume. It includes sake, cider, hard cider, and perry cider and also includes preparations or mixtures vended in retail containers if these preparations or mixtures contain not more than fifteen percent (15%) of alcohol by volume. It does not include weak cider.
“WINERY.” Any place or premises in which wine is manufactured from any fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials are compounded, except a place or premises that manufactures wine for sacramental purposes exclusively.
(Ord. O-4-77, passed 3-8-77; Am. Ord. O-34-82, passed 9-2-82; Am. Ord. O-18-17, passed 12-12-17)