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 win, from whatever source or by whatever process it is produced.
“ALCOHOLIC BEVERAGE.” Every liquid or solid, whether patented or not, containing alcohol in an amount in excess of that permitted under KRS 242 and capable of being consumed by a human being. It includes every spurious or imitation liquor sold as, or under any name commonly used for, alcoholic beverages, whether containing alcohol or not. It does not include the following products if they are unfit for use for beverage purposes: medicinal preparations manufactured in accordance with formulas prescribed by the United States pharmacopoeia, national formulary, or the American Institute of Homeopathy, patented , patent, and proprietary medicines, toilet, medicinal, and antiseptic preparations solutions, and flavoring extracts and syrups.
“BUILDING CONTAINING LICENSED PREMISES.” The licensed premises themselves and includes any part of any building in which the premises are contained, and any part of any other building connected with the building by direct access or by a common entrance.
“CITY ABC ADMINISTRATOR.” The City Clerk of the City of Independence.
“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.
“DISTILLED SPIRITS” or “SPIRITS.” Any product capable of being consumed by a human being which contains alcohol in excess of the amount permitted by distilling mixed with water or other substances in solution, except wine.
“DISTRIBUTOR.” Any person who distributes malt beverages for the purpose of being sold at retail.
“LICENSE.” Any license issued pursuant to this chapter.
“LICENSEE.” Any person to whom a license has been issued, pursuant to this chapter.
“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 having an alcoholic content greater than that permitted under KRS 241.010(2)(i).
“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 enterprise of one owner on the same lot or tract of land, in the same or in different buildings.
“RETAIL SALE.” Any sale where delivery is made in Kentucky to any person not holding a license.
“RETAILER.” Any person who sells at retail any alcoholic beverage for the sale of which a license is required.
“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.
“WHOLESALE SALE.” A sale to any person for the purpose of resale.
“WHOLESALER.” Any person who sells at wholesale any alcoholic beverage for sale of which a license is required, except a distiller, rectifier, brewer, or vintner.
“WINE.” The product of the normal alcoholic fermentation on the juices of fruits, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions. It includes champagne and sparkling and fortified wine of an alcoholic content not to exceed 24% by volume.
(Ord. 2010-O-06, passed 5-3-10)