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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 quota retail package license, a quota retail drink license, an NQ1
license, an NQ2 license, or a limited restaurant license.
The caterer's license may be issued as a primary license to a caterer in any
wet territory or in any moist territory under KRS 242.1244 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
243.088, 243.250, 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 established as moist territory under KRS
242.1244 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 or her guests, in:
1.
Cities and counties established as moist territory under KRS
242.1244 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 and counties established as wet territory permitting distilled
spirits and wine drink sales by ordinance under KRS 243.072 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
by-the-drink or by-the-event basis. The caterer may bill the host for
by-the-function 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. A caterer licensee may cater a fundraising event for which a special
temporary distilled spirits and wine auction license has been issued under KRS
243.036.
(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 or her 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 quota
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:January 1, 2015
History: Amended 2014 Ky. Acts ch. 22, sec. 4, effective July 15, 2014; and ch.
92, sec. 295, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec.
47, effective June 25, 2013. -- 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.
Legislative Research Commission Note (1/1/2015). This statute was amended by
2014 Ky. Acts chs. 22 and 92, which do not appear to be in conflict and have
been codified together.
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