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243.033 Caterer's license.
(1)
(2)
(3)
A caterer's license may be issued as a supplementary license to a caterer that holds a
retail package liquor license or a distilled spirits and wine by the drink retail license
or a limited restaurant license.
The caterer's license may be issued as a primary license to a caterer in any wet
territory for the premises that serves as the caterer's commissary and designated
banquet hall. No primary caterer's license shall be issued to a premises that operates
as a restaurant. The alcoholic beverage stock of the caterer shall be kept under lock
and key at the licensed premises during the time that the alcoholic beverages are not
being used in conjunction with a catered function.
The caterer's license shall authorize the caterer to:
(a) Purchase and store alcoholic beverages in the manner prescribed in KRS
243.250, 243.280, and 244.310;
(b) Transport, sell, serve, and deliver malt beverages by the drink at locations
away from the licensed premises or at the caterer's designated banquet hall in
conjunction with the catering of food and malt beverages for a customer and
his or her guests, in:
1.
Cities and counties in which prohibition is not in effect under KRS
242.1244 or 242.185(6) if the receipts from the catering of food at any
catered event are at least seventy percent (70%) of the gross receipts
from the catering of both food and malt beverages; or
2.
All other wet territory if the receipts from the catering of food at any
catered event are at least thirty-five percent (35%) of the gross receipts
from the catering of both food and malt beverages;
(c) Transport, sell, serve, and deliver distilled spirits and wine by the drink at
locations away from the licensed premises or at the caterer's designated
banquet hall in conjunction with the catering of food and alcoholic beverages
for a customer and his guests, in:
1.
Cities and counties in which prohibition is not in effect under KRS
242.1244 or 242.185(6) if the receipts from the catering of food at any
catered event are at least seventy percent (70%) of the gross receipts
from the catering of both food and alcoholic beverages;
2.
Cities of the fourth class and counties containing cities of the fourth
class in which prohibition is not in effect under KRS 242.185(1) to (5) if
the receipts from the catering of food at any catered event are at least
fifty percent (50%) of the gross receipts from the catering of both food
and alcoholic beverages; or
3.
All other wet territory in which the sale of distilled spirits and wine by
the drink is authorized if the receipts from the catering of food at any
catered event are at least thirty-five percent (35%) of the gross receipts
from the catering of both food and alcoholic beverages;
(d) Receive and fill telephone orders for alcoholic beverages in conjunction with
the ordering of food for a catered event; and
(e)
Receive payment for alcoholic beverages served at a catered event on a bythe-drink or by-the-event basis. The caterer may bill the host for by-thefunction sales of alcoholic beverages in the usual course of the caterer's
business.
(4) A caterer licensee shall not cater alcoholic beverages at locations for which retail
alcoholic beverage licenses or special temporary licenses have been issued.
(5) A caterer licensee shall not cater distilled spirits and wine on Sunday except in
territory in which the Sunday sale of distilled spirits and wine is permitted under the
provisions of KRS 244.290 and 244.295. A caterer licensee shall not cater malt
beverages on Sunday except in territory in which the Sunday sale of malt beverages
is permitted under the provisions of KRS 244.480.
(6) The location at which alcoholic beverages are sold, served, and delivered by a
caterer, pursuant to this section, shall not constitute a public place for the purpose of
KRS Chapter 222. If the location is a multi-unit structure, only the unit or units at
which the function being catered is held shall be excluded from the public place
provisions of KRS Chapter 222.
(7) The caterer licensee shall post a copy of his caterer's license at the location of the
function for which alcoholic beverages are catered.
(8) The name and license numbers of the caterer shall be painted or securely attached,
in a contrasting color, in a form prescribed by the board by promulgation of an
administrative regulation, upon all vehicles used by the caterer to transport
alcoholic beverages.
(9) All restrictions and prohibitions applying to a distilled spirits and wine retail drink
licensee not inconsistent with this section, shall apply to the caterer licensee.
(10) The caterer licensee shall maintain records as set forth in KRS 244.150 and in
administrative regulations promulgated by the board.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 99, sec. 9, effective June 26, 2007. -- Amended
2004 Ky. Acts ch. 20, sec. 5, effective July 13, 2004. -- Amended 1998 Ky. Acts
ch. 121, sec. 9, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 196, sec. 1,
effective July 14, 1992.
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