Under this section a non-quota retail drink license (NQ2) shall only be extended to the owners and/or operators of those establishments which qualify under KRS 243.084, as amended and under those further requirements set forth below:
(A) A "Nonquota type 2" or "NQ2" retail drink license may be issued to:
(1) A hotel that:
(a) Contains at least fifty (50) sleeping units;
(b) Contains dining facilities for at least fifty (50) persons; and
(c) Receives from its total food and beverage sales at least fifty percent (50%) of its gross receipts from the sale of food.
(2) A restaurant with a minimum seating for fifty (50) consumers at tables.
(B) A qualifying hotel or restaurant holding an NQ2 retail drink license may purchase, receive, possess, and sell distilled spirits, wine, and malt beverages at retail by the drink for consumption on the licensed premises. The licensee shall purchase distilled spirits, wine, or malt beverages only from licensed wholesalers or distributors. An NQ2 retail drink license shall not authorize the licensee to sell distilled spirits, wine, or malt beverages by the package. The holder of an NQ2 retail drink license shall comply with the requirements of KRS 243.250.
(C) An NQ2 retail drink license shall not be issued to any restaurant or any dining facility in a hotel, unless the applicant can demonstrate to the director or administrator that gross receipts of the restaurant or the dining facility from the sale of food for consumption on the premises is reasonably estimated to be not less than fifty percent (50%) of the total food and alcoholic beverage receipts of the restaurant or dining facility for the license period.
(D) Nothing contained herein shall be in any way interpreted or construed to allow for the sale of alcoholic beverages by the drink for consumption on the premises in connection with any business in which a part of the commercial transaction consists of selling, at retail, staple groceries, or which is used solely as an entertainment facility and does not meet the criteria of a restaurant or dining facility set out hereinabove.
(Ord. 2003-13, passed 9-8-03; Am. Ord. 2013-10, passed 12-9-13; Am. Ord. 2015-004, passed 4-13-15; Am. Ord. 2015-012, passed 1-11-16)