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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 wine, from whatever source or by whatever process it is produced.
ALCOHOLIC BEVERAGE. Alcoholic brandy, whiskey, rum, gin, beer, ale, porter, wine and all other spirituous, vinous, melt or fermented liquors, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing more than 1% of alcohol by volume, which are fit for use for beverage purposes. It does not include:
(1) Denatured alcohol or denatured rum;
(2) Medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia, National Formulary or the American Institute of Homeopathy that are unfit for use for beverage purposes;
(3) Patented, patent and proprietary medicines that are unfit for use for beverage purposes;
(4) Toilet, medicinal and antiseptic preparations and solutions that are unfit for use for beverage purposes;
(5) Flavoring extracts and syrups that are unfit for use for beverage purposes;
(6) Vinegar and preserved sweet cider;
(7) Wine for sacramental purposes;
(8) Alcohol, unfit for beverage purposes, that is to be sold for legitimate external use;
(9) Alcohol for mechanical and scientific purposes if unfit for a beverage.
BOARD. The State Alcoholic Beverage Control Board created by KRS 241.030.
BOTTLE. Any container which is used for holding alcoholic beverages for the use and sale of alcoholic beverages at retail.
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 ADMINISTRATOR. The City Alcoholic Beverage Control Administrator.
COMMISSIONER. The Commissioner of Alcoholic Beverage Control.
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 judgement or the suspension of the judgement.
DEPARTMENT. The Department of Alcoholic Beverage Control.
DISTILLED SPIRITS or SPIRITS. Any product capable of being consumed by a human being which contains alcohol in excess of the amount permitted in the definition for “alcoholic beverage,” obtained 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.
FIELD REPRESENTATIVE. Any employee or agent of the department who is regularly employed and whose primary function is to travel from place to place for the purpose of visiting taxpayers, and any employee or agent of the department who is assigned, temporarily or permanently, by the Commissioner to duty outside the main office of the department at Frankfort, in connection with the administration of alcoholic beverage statutes.
LICENSE. Any license issued pursuant to KRS 243.020 to 243.670 and this subchapter.
LICENSEE. Any person to whom a license has been issued, pursuant to KRS 243.020 to 243.670 and this subchapter.
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 the definition of “alcoholic beverage.”
MANUFACTURE. Distill, rectify, brew, bottle and operate a winery.
MANUFACTURER. A vintner, distiller, rectifier or brewer and any other person engaged in the production or bottling of alcoholic beverages.
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 or enterprises of one owner on the same lot or tract of land, in the same or in different buildings.
RECTIFIER. Any person who rectifies, purifies or refines distilled spirits or wine by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits by mixing alcoholic beverages with any materials, manufactures any imitations of or compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name.
REPACKAGING. The placing of alcoholic beverages in any retail container irrespective of the material from which the container is made.
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, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee, of any alcoholic beverage.
SELL. This includes to solicit or receive an order for, to keep or expose for sale, to keep with intent to sell, and the delivery of any alcoholic beverage.
STATE ADMINISTRATOR. The administrator of the distilled spirits unit or the administrator of the malt beverage unit or both, as the context requires.
WAREHOUSE. Any place in which alcoholic beverages are housed or stored.
WHOLESALE SALE. A sale to any person for the purpose of resale.
WHOLESALER. Any person who sells at wholesale any alcoholic beverage for the sale of which a license is required, except a distiller, rectifier, brewer or vintner.
WINE. The product of the normal alcoholic fermentation of the juices or 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. It includes preparations or mixtures vended in retail containers if such preparations or mixtures contain not exceeding 15% of alcohol by volume.
(Ord. 90-44, passed 12-4-90)
Similar provisions, see KRS 241.010