241.010 Definitions for KRS Chapters 241, 242, and 243.
As used in this chapter and in KRS Chapters 242 and 243, unless the context requires
otherwise:
(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from
whatever source or by whatever process it is produced;
(2) "Alcoholic beverage" means 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:
(a) Medicinal preparations manufactured in accordance with formulas prescribed
by the United States Pharmacopoeia, National Formulary, or the American
Institute of Homeopathy;
(b) Patented, patent, and proprietary medicines;
(c) Toilet, medicinal, and antiseptic preparations and solutions;
(d) Flavoring extracts and syrups;
(e) Denatured alcohol or denatured rum;
(f) Vinegar and preserved sweet cider;
(g) Wine for sacramental purposes;
(h) Alcohol unfit for beverage purposes that is to be sold for legitimate external
use; and
(i) Malt beverages, containing not more than three and two-tenths percent (3.2%)
of alcohol by weight, in territory that has voted to allow the sale thereof;
(3) (a) "Alcohol vaporizing device" or "AWOL device" means any device, machine,
or process that mixes liquor, spirits, or any other alcohol product with pure
oxygen or by any other means produces a vaporized alcoholic product used for
human consumption;
(b) "Alcohol vaporizing device" or "AWOL device" 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;
(4) "Board" means the State Alcoholic Beverage Control Board created by KRS
241.030;
(5) "Bottle" means any container which is used for holding alcoholic beverages for the
use and sale of alcoholic beverages at retail;
(6) "Brewer" means any person who manufactures malt beverages or owns, occupies,
carries on, works, or conducts any brewery, either by himself or by his agent;
(7) "Brewery" means any place or premises where malt beverages are manufactured for
sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards,
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
and storerooms connected with the premises; or where any part of the process of the
manufacture of malt beverages is carried on; or where any apparatus connected with
manufacture is kept or used; or where any of the products of brewing or
fermentation are stored or kept;
"Building containing licensed premises" means 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" means a corporation, partnership, or individual that 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" means 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
within 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;
"Cider" means any fermented fruit-based beverage containing more than one-tenth
of one percent (0.1%) alcohol by volume and includes hard cider and perry cider;
"City administrator" means city alcoholic beverage control administrator;
"Commissioner" means the commissioner of the Department of Alcoholic Beverage
Control;
"Convention center" means 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" means 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;
"County administrator" means county alcoholic beverage control administrator;
"Department" means the Department of Alcoholic Beverage Control;
"Distilled spirits" or "spirits" means 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
solution, except wine, hard cider, and malt beverages;
"Distiller" means any person who is engaged in the business of manufacturing
distilled spirits at any distillery in the state and is registered in the Office of the
Collector of Internal Revenue for the United States at Louisville, Kentucky;
(20) "Distillery" means any place or premises where distilled spirits are manufactured for
sale, and which are registered in the office of any collector of internal revenue for
the United States. It includes any United States government bonded warehouse;
(21) "Distributor" means any person who distributes malt beverages for the purpose of
being sold at retail;
(22) "Dry territory" means a county, city, district, or precinct in which a majority of
voters have voted in favor of prohibition;
(23) "Election" means:
(a) An election held for the purpose of taking the sense of the people as to the
application or discontinuance of alcoholic beverage sales under KRS Chapter
242; or
(b) Any other election not pertaining to alcohol;
(24) "Field representative" means 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;
(25) "License" means any license issued pursuant to KRS 243.020 to 243.670;
(26) "Licensee" means any person to whom a license has been issued, pursuant to KRS
243.020 to 243.670;
(27) "Limited restaurant" means:
(a) A facility where the usual and customary business is the serving of meals to
consumers, which has a bona fide kitchen facility, which receives at least
seventy percent (70%) of its gross income from the sale of food, which
maintains a minimum seating capacity of one hundred (100) persons for
dining, and which is located in a territory where prohibition is no longer in
effect under KRS 242.185(6); or
(b) A facility where the usual and customary business is the serving of meals to
consumers, which has a bona fide kitchen facility, which receives at least
seventy percent (70%) of its gross income from the sale of food, which
maintains a minimum seating capacity of fifty (50) persons for dining, which
has no open bar, which requires that alcoholic beverages be sold in
conjunction with the sale of a meal, and which is located in a territory where
prohibition is no longer in effect under KRS 242.1244;
(28) "Malt beverage" means 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 subsection
(2)(i) of this section;
(29) "Manufacture" means distill, rectify, brew, bottle, and operate a winery;
(30) "Manufacturer" means a vintner, distiller, rectifier, or brewer, and any other person
engaged in the production or bottling of alcoholic beverages;
(31) "Minor" means any person who is not twenty-one (21) years of age or older;
(32) "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,
of the license;
(33) "Prohibition" means the application of KRS 242.190 to 242.430 to a territory;
(34) "Qualified historic site" means a contributing property with dining facilities for at
least fifty (50) persons and lodging on the premises as authorized by KRS 219.021
within a commercial district listed in the National Register of Historic Places, or a
site that is listed as a National Historic Landmark with dining facilities for at least
fifty (50) persons and lodging on the premises as authorized by KRS 219.021.
Notwithstanding the provisions of this subsection, a distillery which is listed as a
National Historic Landmark and which has a souvenir retail liquor license under
KRS 243.0305, shall be deemed a "qualified historic site" under this section;
(35) "Rectifier" means 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;
(36) "Repackaging" means the placing of alcoholic beverages in any retail container
irrespective of the material from which the container is made;
(37) "Restaurant" means a facility where the usual and customary business is the serving
of meals to consumers, that has a bona fide kitchen facility, and that receives at least
fifty percent (50%) of its gross receipts from the sale of food;
(38) "Retail container" means any bottle, can, barrel, or other container which, without a
separable intermediate container, holds alcoholic beverages and is suitable and
destined for sale to a retail outlet, whether it is suitable for delivery to the consumer
or not;
(39) "Retail outlet" means retailer, hotel, motel, restaurant, railroad dining car, club, and
any facility where alcoholic beverages are sold directly to the consumers;
(40) "Retail sale" means any sale where delivery is made in Kentucky to any consumers;
(41) "Retailer" means any person who sells at retail any alcoholic beverage for the sale
of which a license is required;
(42) "Sale" means 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;
(43) "Service bar" means a bar, counter, shelving, or similar structure used for storing or
stocking supplies of alcoholic beverages that is a workstation where employees
prepare alcoholic beverage drinks to be delivered to customers away from the
service bar. A service bar shall be located in an area where the general public,
guests, or patrons are prohibited;
(44) "Sell" includes solicit or receive an order for, keep or expose for sale, keep with
intent to sell, and the delivery of any alcoholic beverage;
(45) "Small farm winery" means a winery producing wines, in an amount not to exceed
fifty thousand (50,000) gallons in a calendar year;
(46) "Souvenir package" means a special package of Kentucky straight bourbon whiskey
available for retail sale at a licensed Kentucky distillery where the whiskey was
produced or bottled that is available from a licensed retailer;
(47) "State director" means the director of the Division of Distilled Spirits or the director
of the Division of Malt Beverages, or both, as the context requires;
(48) "Supplemental bar" means 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;
(49) "Vehicle" means any device or animal used to carry, convey, transport, or otherwise
move alcoholic beverages or any products, equipment, or appurtenances used to
manufacture, bottle, or sell these beverages;
(50) "Vintner" means any person who owns, occupies, carries on, works, conducts, or
operates any winery, either by himself or by his agent, except persons who
manufacture wine for sacramental purposes exclusively;
(51) "Warehouse" means any place in which alcoholic beverages are housed or stored;
(52) "Wholesale sale" means a sale to any person for the purpose of resale;
(53) "Wholesaler" means any person who distributes alcoholic beverages for the purpose
of being sold at retail, but it shall not include a subsidiary of a manufacturer or
cooperative of a retail outlet;
(54) "Wine" means the product of the normal alcoholic fermentation of the juices of
fruits, with the usual processes of manufacture and normal additions, and includes
champagne and 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 these
preparations or mixtures contain not more than fifteen percent (15%) of alcohol by
volume. It includes ciders, perry, or sake having an alcohol content greater than that
permitted under subsection (2)(i) of this section; and
(55) "Winery" means 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.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 549, effective July 15, 2010.-- Amended
2008 Ky. Acts ch. 28, sec. 2, effective July 15, 2008. -- Amended 2007 Ky. Acts
ch. 99, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 179, sec. 6,
effective January 1, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 645, effective June
20, 2005. -- Amended 2004 Ky. Acts ch. 20, sec. 2, effective July 13, 2004. -Amended 2000 Ky. Acts ch. 435, sec. 1, effective July 14, 2000. -- Amended 1998
Ky. Acts ch. 121, sec. 1, effective July 15, 1998; and ch. 474, sec. 1, effective July
15, 1998. -- Amended 1996 Ky. Acts ch. 44, sec. 2, effective July 15, 1996. -Amended 1976 Ky. Acts ch. 381, sec. 6. -- Amended 1970 Ky. Acts ch. 94, sec. 1. -Amended 1944 Ky. Acts ch. 154, secs. 1, 2 and 3. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-98.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
