For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ALCOHOL.” Ethyl, hydrated oxide of ethyl or spirit of wine, from whatever sources 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 more than one percent (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 if they are unfit for use for beverage purposes:
(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.
“ALCOHOL VAPORIZING DEVICE OR AWOL DEVICE.” Any device, machine, or process that mixes liquor, spirits, or any alcohol product with pure oxygen or by any other means produces a vaporized alcoholic product used for human consumption. It 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.
“BOARD.” The State Alcoholic Beverage Control Board created by KRS 241.030.
“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 corporation, partnership, or individual that or who operates the business of a food service professional by preparing food in a licensed and inspected commissary, transporting the food and alcoholic beverages to the caterer’s designated and inspected banquet hall or to a location selected by the customer, and serving the food and alcoholic beverages to the customer’s guests.
“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 with the Commonwealth of Kentucky for charitable purposes for three (3) years and which expends at least sixty percent (60%) of its gross revenue exclusively for religious, educational, literary, civic, fraternal, or patriotic purposes.
“CITY ADMINISTRATOR.” City Alcoholic Beverage Control Administrator(s).
“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 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.
“DEPARTMENT.” The Department of Alcoholic Beverage Control.
“DISTILLED 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 solutions, except wine, hard cider, and malt beverages.
“DISTRIBUTOR.” Any person, who distributes malt beverages, or distilled spirits, for the purpose of being sold at retail.
“HOTEL.” A hotel, motel or inn for accommodation of the traveling public, designed primarily to serve transient patrons.
“LICENSE.” Any license issued pursuant to KRS Chapters 241 to 244 and Chapter 113 of the City of Morehead Code of Ordinances.
“LICENSEE.” Any person to whom a license has been issued.
“MALT BEVERAGE.” Any fermented undistilled alcoholic beverage of any name or description, manufactured from malt wholly or in part, or from any substitute from malt.
“MINOR.” Any person who is not twenty-one (21) years of age or older.
“PERSON.” Means person, firm, partnership, association, company, corporation, or fraternal order.
“PREMISES.” Means 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 (2) or more separate businesses of one (1) 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 the license.
“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 an considerable number of persons.
“REPACKAGING.” The placing of alcoholic beverages in any retail container irrespective of the material from which the container is made.
“RESTAURANT.” An establishment where the usual and customary business is the serving of meals to consumers and has a bona fide kitchen facility and that derives more than fifty percent (50%) of its food and beverage receipts from the sale of food.
“RETAIL OUTLET. A retailer, hotel, motel, restaurant, railroad dining car, club, and any facility where alcoholic beverages are sold directly to the consumers.
“RETAIL SALE.” Any sale where delivery is made in Kentucky to any customers.
“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, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee, of any alcoholic beverage.
“SELL.” To solicit or receive an order for, keep or expose for sale, keep with intent to sell and the delivery of any alcoholic beverage.
“SMALL FARM WINERY.” A winery producing wines, in an amount not to exceed fifty thousand (50,000) gallons in a calendar year.
“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” shall be continuously constructed and accessible to patrons for distilled spirits or wine sales or service without physical separation by walls, doors, or similar structures.
“WET.” A territory in which a majority of the electorate voted to permit all forms of retail alcohol sales by a local option election under KRS 242.050, 242.125, or 242.1292 on the following questions: “Are you in favor of the sales of alcoholic beverages in the City of Morehead, Kentucky?”
“WHOLESALE SALE.” A sale to any person for the purpose of resale.
“WHOLESALER.” Any person, firm or corporation who distribute alcoholic beverages for the purpose of being sold at retail, but shall not included a subsidiary of a manufacture 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, sparkling and fortified wine of an alcoholic content not to exceed twenty-four percent (24%) by volume. It includes cider, hard cider, and perry cider and also includes preparations or mixtures vended in retail containers if such preparations or mixtures contain not exceeding fifteen percent (15%) by volume. It includes cider, perry or sake.
“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. 5:2000, passed 5-8-00; Am. Ord. 20:2000, passed 12-11-00; Am. Ord. 12:2006, passed 6-12-06; Am. Ord. 28:2013, passed 11-11-13)