Kentucky Statutes 243.034 – Business authorized by limited restaurant license within wet territory or certain moist precincts — Prohibition against sale of alcohol without meal — Package sales prohibited
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(1) A limited restaurant license may be issued to an establishment meeting the definition criteria established in KRS § 241.010(37) as long as the establishment is within:
(a) Any wet territory; or
(b) Any moist precinct that has authorized the sale of alcoholic beverages under KRS § 242.1244.
(2) A limited restaurant license shall authorize the licensee to purchase, receive, possess, and sell alcoholic beverages at retail by the drink for consumption on the licensed premises or off-premises consumption pursuant to KRS § 243.081. The licensee shall purchase alcoholic beverages only from licensed wholesalers or distributors. The license shall not authorize the licensee to sell alcoholic beverages by the package.
(3) The holder of a limited restaurant license shall maintain at least seventy percent (70) of its gross receipts from the sale of food and maintain the minimum applicable seating requirement required for the type of limited restaurant license.
(4) A limited restaurant as defined by KRS § 241.010(37)(a) shall:
(a) Only sell alcoholic beverages incidental to the sale of a meal; and
(b) Not have an open bar and shall not sell alcoholic beverages to any person who has not purchased or does not purchase a meal.
Effective:March 29, 2022
History: Amended 2022 Ky. Acts ch. 39, sec. 14, effective March 29, 2022. — Amended 2021 Ky. Acts ch. 20, sec. 2, effective March 15, 2021. — Amended
2020 Ky. Acts ch. 80, sec. 6, effective July 15, 2020. — Amended 2017 Ky. Acts ch. 62, sec. 34, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 80, sec.
7, effective July 15, 2016. — Amended 2014 Ky. Acts ch. 22, sec. 5, effective
July 15, 2014. — Created 2013 Ky. Acts ch. 121, sec. 37, effective June 25,
2013.
(a) Any wet territory; or
(b) Any moist precinct that has authorized the sale of alcoholic beverages under KRS § 242.1244.
(2) A limited restaurant license shall authorize the licensee to purchase, receive, possess, and sell alcoholic beverages at retail by the drink for consumption on the licensed premises or off-premises consumption pursuant to KRS § 243.081. The licensee shall purchase alcoholic beverages only from licensed wholesalers or distributors. The license shall not authorize the licensee to sell alcoholic beverages by the package.
(3) The holder of a limited restaurant license shall maintain at least seventy percent (70) of its gross receipts from the sale of food and maintain the minimum applicable seating requirement required for the type of limited restaurant license.
(4) A limited restaurant as defined by KRS § 241.010(37)(a) shall:
(a) Only sell alcoholic beverages incidental to the sale of a meal; and
(b) Not have an open bar and shall not sell alcoholic beverages to any person who has not purchased or does not purchase a meal.
Effective:March 29, 2022
History: Amended 2022 Ky. Acts ch. 39, sec. 14, effective March 29, 2022. — Amended 2021 Ky. Acts ch. 20, sec. 2, effective March 15, 2021. — Amended
2020 Ky. Acts ch. 80, sec. 6, effective July 15, 2020. — Amended 2017 Ky. Acts ch. 62, sec. 34, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 80, sec.
7, effective July 15, 2016. — Amended 2014 Ky. Acts ch. 22, sec. 5, effective
July 15, 2014. — Created 2013 Ky. Acts ch. 121, sec. 37, effective June 25,
2013.