For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) As used herein the words and phrases defined in KRS Chapters 241 to 244 have the meanings indicated therein.
(B) The following words and phrases have the meanings indicated:
(1) "ALCOHOL." Ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from whatever source or by whatever process it is produced.
(2) "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:
(a) Medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia, National Formulary, or the American Institute of Homeopathy;
(b) Patented, patent, and proprietary medicines;
(c) Toilet, medicinal, and antiseptic preparations and solutions;
(d) Flavoring extracts and syrups;
(e) Denatured alcohol or denatured rum;
(f) Vinegar and preserved sweet cider;
(g) Wine for sacramental purposes; and
(h) Alcohol unfit for beverage purposes that is to be sold for legitimate external use.
(3) "ALCOHOL VAPORIZING DEVICE" or "AWOL DEVICE." 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. "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 medication or a device installed and used by a licensee under this chapter to demonstrate the aroma of an alcoholic beverage.
(4) "BED AND BREAKFAST." A one-family dwelling unit that:
(a) 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;
(b) Holds a permit under KRS Chapter 219; and
(c) Has an innkeeper who resides on the premises or property adjacent to the premises during periods of occupancy.
(5) "BOARD." The State Alcoholic Beverage Control Board created by KRS 241.030.
(6) “BREWER." Any person who manufactures malt beverages or owns, occupies, carries on, works, or conducts any brewery, either alone or through an agent.
(7) "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 where any of the products of brewing or fermentation are stored or kept.
(8) "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.
(9) "CATERER." A person operating a food service 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.
(10) "CATERER'S LICENSE."
(a) A caterer's license may be issued as a supplementary license to a caterer that holds a quota retail package license, a quota retail drink license, an NQ1 license, an NQ2 license, or a limited restaurant license.
(b) The caterer's license may be issued as a primary license to a caterer in any wet territory. No primary caterer's license shall authorize alcoholic beverage sales at premises that operates as a restaurant. The alcoholic beverage stock of the caterer shall be kept under lock and key at the licensed premises during the time that the alcoholic beverages are not being used in conjunction with a catered function.
(c) The caterer's license shall authorize the caterer to:
1. Purchase and store alcoholic beverages in the manner prescribed in KRS 243.088, 243.250, and 244.260;
2. Transport, sell, serve, and deliver alcoholic beverages by the drink at locations away from the licensed premises or at the caterer's designated banquet hall in conjunction with the catering of food and alcoholic beverages for a customer and the customer's guests, in:
a. Wet cities and counties in which quota retail drink licenses are not available if the receipts from the catering of food at any catered event are at least 50% of the gross receipts from the catering of both food and alcoholic beverages; or
b. All other wet territory if the receipts from the catering of food at any catered event are at least 35% of the gross receipts from the catering of both food and alcoholic beverages;
3. Receive and fill telephone orders for alcoholic beverages in conjunction with the ordering of food for a catered event; and
4. Receive payment for alcoholic beverages served at a catered event on a by-the-drink, cash bar, or by-the-event basis. The caterer may bill the customer for by-the-function sales of alcoholic beverages in the usual course of the caterer's business.
(d) A caterer licensee shall not cater alcoholic beverages at locations for which retail alcoholic beverage licenses or special temporary licenses have been issued. A caterer licensee may cater a fundraising event for which a special temporary alcoholic beverage auction license has been issued under KRS 243.036.
(e) A caterer licensee shall not cater alcoholic beverages on Sunday except under the provisions of KRS 244.290 and 244.480.
(f) A caterer licensee shall not cater alcoholic beverages at an event hosted by the caterer licensee or hosted as a joint venture of the caterer licensee.
(g) The location at which alcoholic beverages are sold, served, and delivered by a caterer, pursuant to this section, shall not constitute a public place for the purpose of KRS Chapter 222. If the location is a multi-unit structure, only the unit or units at which the function being catered is held shall be excluded from the public place provisions of KRS Chapter 222.
(h) The caterer licensee shall post a copy of the licensee's caterer's license at the location of the function for which alcoholic beverages are catered.
(i) All restrictions and prohibitions applying to a quota retail drink licensee and an NQ4 retail malt beverage drink licensee not inconsistent with this section shall apply to the caterer licensee.
(j) The caterer licensee shall maintain records as set forth in KRS 244.150 and in administrative regulations promulgated by the board.
(11) "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 years and which expends at least 60% of its gross revenue exclusively for religious, educational, literary, civic, fraternal, or patriotic purposes.
(12) "CIDER." Any fermented fruit-based beverage containing 7% or more alcohol by volume and includes hard cider and perry cider.
(13) "CITY ADMINISTRATOR." The person appointed to the office of Alcoholic Beverage Control Administration created and established by the city pursuant to § 111.60.
(14) "CITY LICENSE." A license established and authorized pursuant to the terms hereof.
(15) "CITY LICENSEE." A person who has been issued a city license pursuant to the terms hereof.
(16) "COMMISSIONER." The commissioner of the Department of Alcoholic Beverage Control.
(17) "CONVENTION CENTER." Any facility which, in its usual and customary business, provides seating for a minimum of 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.
(18) "CONVICTED" and "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.
(19) "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.
(20) "DISTILLER." Any person who is engaged in the business of manufacturing distilled spirits at any distillery in the state and is registered in the Office of the Collector of Internal Revenue for the United States at Louisville, Kentucky.
(21) "DISTILLERY." Any place or premises where distilled spirits are manufactured for sale, and which are registered in the office of any collector of internal revenue for the United States. It includes any United States government bonded warehouse.
(22) "DISTRIBUTOR." Any person who distributes malt beverages for the purpose of being sold at retail.
(23) "KRS." Kentucky Revised Statutes.
(24) "LICENSE." Any license issued pursuant to KRS Chapters 241 to 244.
(25) "LICENSEE." Any person to whom a license has been issued, pursuant to KRS Chapters 241 to 244.
(26) "LIMITED RESTAURANT."
(a) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least 70% of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of 50 persons for dining, which has no open bar, which requires that alcoholic beverages be sold in conjunction with the sale of a meal, and which is located in a wet or moist territory under KRS 242.1244; or
(b) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least 70% of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of 100 persons for dining, and which is located in a wet or moist territory under KRS 242.1244.
(27) "LOCAL ADMINISTRATOR." A city alcoholic beverage administrator, county alcoholic beverage administrator, or urban-county alcoholic beverage control administrator.
(28) "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.
(29) "MANUFACTURE." Distill, rectify, brew, bottle, and operate a winery.
(30) "MANUFACTURER." A winery, distiller, rectifier, or brewer, and any other person engaged in the production or bottling of alcoholic beverages.
(31) "MINOR." Any person who is not 21 years of age or older.
(32) "PERSON." Any natural person, corporation, partner- ship, joint venture, or unincorporated association of persons or any combination thereof, and the shareholders, officers, agents, servants, and employees thereof.
(33) "PREMISES." The land and building in and upon which any business regulated by alcoholic beverage statutes is operated or carried on. "PREMISES" shall not include as a single unit two or more separate businesses 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 his or her license or obtain a renewal, of the license.
(34) "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.
(35) "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.
(36) "QUALIFIED HISTORIC SITE."
(a) A contributing property with dining facilities for at least 50 persons at tables, booths, or bars where food may be served within a commercial district listed in the National Register of Historic Places;
(b) A site that is listed as a National Historic Landmark or in the National Register of Historic Places with dining facilities for at least 50 persons at tables, booths, or bars where food may be served;
(c) A distillery which is listed as a National Historic Landmark and which conducts souvenir retail package sales under KRS 243.0305; or
(d) A not-for-profit or nonprofit facility listed on the National Register of Historic Places.
(37) "QUALIFIED HISTORIC SITE LICENSE." Shall authorize the licensee to:
(a) Sell alcoholic beverages by the drink at one or more permanent or nonpermanent locations on the premises over which the licensee, by lease or ownership, has exclusive control without obtaining additional supplemental bar licenses prescribed by KRS 243.037;
(b) Sell alcoholic beverages by the drink to patrons at public or private functions held on the premises; and
(c) Purchase and store alcoholic beverages in the manner prescribed in KRS 243.088, 243.250, and 244.260.
(38) "REPACKAGING." The placing of alcoholic beverages in any retail container irrespective of the material from which the container is made.
(39) "RESTAURANT." A facility where the usual and customary business is the 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.
(40) "RETAILER." Any licensee who sells and delivers any alcoholic beverage to consumers, except for producers with limited retail sale privileges.
(41) "SALE." Any transfer, exchange, or barter for consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee, of any alcoholic beverage.
(42) "SELL." Solicit or receive an order for, keep or expose for sale, keep with intent to sell, and the delivery of any alcoholic beverage.
(43) "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. A service bar shall be located in an area where the general public, guests, or patrons are prohibited.
(44) "SMALL FARM WINERY." A winery whose wine production is not less than 250 gallons and not greater than 100,000 gallons in a calendar year.
(45) "SOUVENIR PACKAGE." A special package of distilled spirits available from a licensed retailer that is:
(a) Available for retail sale at a licensed Kentucky distillery where the distilled spirits were produced or bottled; or
(b) Available for retail sale at a licensed Kentucky distillery but produced or bottled at another of that distiller's licensed distilleries in Kentucky.
(46) "SPECIAL TEMPORARY ALCOHOLIC BEVERAGE AUCTION LICENSE."
(a) A special temporary alcoholic beverage auction license may be issued to a charitable or nonprofit organization.
(b) A special temporary alcoholic beverage auction license shall authorize the holder to:
1. Purchase, transport, receive, possess, store, sell, and deliver alcoholic beverages to be sold by auction or raffle or consumed at charity or nonprofit events;
2. Purchase, transport, receive, possess, store, sell, and deliver limited specially labeled bottles of alcoholic beverages to be sold at charity or nonprofit events;
3. Obtain alcoholic beverages from distillers, rectifiers, wineries, small farm wineries, brewers, microbreweries, wholesalers, distributors, retailers, or any other person, by gift or donation, for the purpose of charity or nonprofit events; and
4. Receive payment for alcoholic beverages sold at events.
(c) Each alcoholic beverage auction or raffle conducted by a charitable organization shall be subject to all restrictions and limitations contained in KRS Chapters 241 to 244 and the administrative regulations issued under those chapters and shall be authorized only on the days and only during the hours that the sale of alcoholic beverages is otherwise authorized in the county or municipality.
(d) The location at which the alcoholic beverages are auctioned, raffled, or consumed under this section shall not constitute a public place for the purpose of KRS Chapter 222. Charitable or nonprofit events may be conducted on licensed or unlicensed premises. The charitable organization possessing a special temporary alcoholic beverage auction license shall post a copy of the license at the location of the event.
(e) A special temporary alcoholic beverage auction license shall not be issued for any period longer than 30 days.
(f) Notwithstanding any other provision of KRS Chapters 241 to 244, a distiller, rectifier, winery, small farm winery, brewer, microbrewery, wholesaler, distributor, or retailer may donate, give away, or deliver any of its products to a charitable or nonprofit organization possessing a special temporary alcoholic beverage auction license under this section.
(g) All restrictions and prohibitions applying to an alcoholic beverage retail package and alcoholic beverage by the drink license, not inconsistent with this section, shall apply to a special temporary alcoholic beverage auction license.
(47) “SPECIAL TEMPORARY LICENSE FOR QUALIFYING EVENT -- ACTIVITIES PERMITTED AND PROHIBITED."
(a) A special temporary license may be issued in wet territory to any regularly organized fair, exposition, racing association, or other party, when in the opinion of the Board a necessity for the license exists. Unless inconsistent with this section, a special temporary licensee shall have the same privileges and restrictions of a quota retail drink licensee and an NQ4 retail malt beverage drink licensee at the designated premises, not to exceed 30 days.
(b) A nonprofit organization holding an NQ4 retail malt beverage drink license may be issued a special temporary license to sell distilled spirits and wine by the drink on the licensed premises for a specified and limited time, not to exceed ten days. The temporary license may be issued in conjunction with any public or private event, including but not limited to weddings, receptions, reunions, or similar occasions.
(c) The holder of a special temporary license may sell, serve, and deliver alcoholic beverages by the drink, for consumption only at the designated premises and the date and times for the qualifying event.
(48) "STATE." The Commonwealth of Kentucky.
(49) "STATE ADMINISTRATOR" or "ADMINISTRATOR." The distilled spirits administrator or the malt beverages administrator, or both, as the context requires.
(50) "STATE LICENSE." A license authorized by KRS Chapters 241 to 244.
(51) "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. A supplemental bar license is a nonquota license and shall not be transferable to other premises. A license authorizing retail malt beverage sales, by the drink or by the package, authorizes the licensee to sell and serve malt beverages at any location on the licensed premises without obtaining a supplemental bar license.
(52) "TRAFFIC IN ALCOHOLIC BEVERAGES." Any action, business, or transaction in regard to the production, storage, transportation, distribution, sale, delivery, and transfer of alcoholic beverages.
(53) "VINTAGE DISTILLED SPIRIT." A package or packages of distilled spirits that:
(a) Are in their original manufacturer's unopened container;
(b) Are not owned by a distillery; and
(c) Are not otherwise available for purchase from a licensed wholesaler within the Commonwealth.
(54) "WAREHOUSE." Any place in which alcoholic beverages are housed or stored.
(55) "WEAK CIDER." Any fermented fruit-based beverage containing more than 1% but less than 7% alcohol by volume.
(56) "WHOLESALE SALE." A sale to any person for the purpose of resale.
(57) "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 15% of alcohol by volume. It does not include weak cider.
(58) "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.
(Am. Ord. 2013-07, passed 6-20-13; Am. Ord. 2017-05, passed 12-19-16; Am. Ord. 2018-02, passed 12-19-17; Am. Ord. passed 2-18-19)