§ 111.26 BUSINESS AUTHORIZED BY MALT BEVERAGE LICENSES.
   (A)   A Brewer’s license shall authorize the licensee to engage in the business of a brewer at the premises specifically designated in the license and to sell malt beverages produced under the license, at wholesale or at retail, from the licensed premises only. A licensed brewer is permitted to sell its produced malt beverages by the drink for consumption on the premises. Brewery retail drink sales must be conducted in a tap room attached to the brewery and may not exceed 288 ounces per customer per day. A brewery is also allowed to sell “growlers”, which are refillable retail beer package sales. Growler requirements are set forth in 804 KAR 11:040.
(1995 Code, § 5.08.140)
   (B)   A Distributor’s license shall authorize the licensee to purchase, import or store malt beverages and to sell them from the licensed premises only, to other distributors to retailers or to consumers for their personal use and not for resale. A separate distributor’s license shall be required and must be obtained for each separate warehouse, agent distributor, broker, jobber or place of business from which orders are received or beverages are distributed unless it be a licensed brewery.
(1995 Code, § 5.08.150)
   (C)   A Microbrewery license shall authorize the licensee to perform the following functions:
      (1)   Engage in the business of a brewer; provided that, production of malt beverages at the microbrewery shall not exceed 25,000 barrels in one year;
      (2)   Serve, on the premises, complimentary samples of malt beverages produced by the microbrewery in amounts not to exceed 16 ounces per patron; and
      (3)   Sell malt beverages produced on the premises of the microbrewery to licensed distributors;
      (4)   Sell its own malt beverages by package or drink on premises; and
      (5)   Sell its own malt beverages by package or drink to consumers at fairs, festivals, and other similar events.
   (D)   A Non-Quota (NQ) Retail Malt Beverage license shall authorize the licensee to perform the following functions:
      (1)   Purchase, receive, possess and sell malt beverages in unbroken packages only, and only for consumption off the licensed premises between the hours of 6:00 a.m. and 1:00 a.m. Monday through Saturday; and 11:00 a.m. to 1:00 a.m. on Sunday.
      (2)   The licensee shall purchase malt beverages in retail packages only and only from licensed wholesalers.
      (3)   The licensee may sell only to consumers and may make deliveries only at the premises designated in the license.
   (E)   A Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license shall authorize the licensee to perform the following functions:
      (1)   Purchase, receive, possess and sell malt beverages at retail by the drink for consumption on the licensed premises. Such a licensee shall purchase malt beverages from licensed wholesalers only. An NQ-4 Retail Malt Beverage Drink license shall not authorize the sale of malt beverages by the package.
      (2)    An NQ-4 Retail Malt Beverage Drink license shall permit the sale of malt beverages from 6:00 a.m. to 1:00 a.m. Monday through Sunday, but no such sale shall be permitted on Sunday unless the licensee holds a Special Sunday Retail Drink license.
   (F)   The holder of a Non-quota Retail Malt Beverage Package license may also obtain a Secondary Non-quota Type 4 Malt Beverage Drink license for an additional fee of $50. The holder of a Non-quota Type 4 Malt Beverage Drink license mayalso obtain a Secondary Non-quota Retail Malt Beverage Package license for a fee of $50.
(Ord. O-2001-42, passed 11-26-2001; Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2013- 021, passed 11-18-2013; Am. Ord. O-2016-016, passed 8-22-2016; Am. Ord. O-2019-018, passed 6-17-2019)