243.034 Business authorized by limited restaurant license within wet territory or
360 words·~2 min read·
/ky/243-034A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
certain moist precincts -- Package sales prohibited -- Prohibition against sale
of alcohol without meal -- Restrictions on purchasing.
(1)A limited restaurant license may be issued to an establishment meeting the
definition criteria established in KRS 241.010(39) 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, except for purchases made pursuant to subsection
(5)of this section.
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(39)(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.
(a)The holder of a limited restaurant license may purchase alcoholic beverages
by the package from licensees authorized to sell distilled spirits, wine, and
malt beverages at retail, but only if those alcoholic beverages have first gone
through the three
(3)tier system.
(b)Any purchase made pursuant to this subsection shall:
1. Only be sold by the drink for consumption on the licensed premises or
off-premises consumption pursuant to KRS 243.081;
2. Be reported quarterly on a form prescribed by the department; and
3. Include a copy of each receipt of purchase.
(c)The holder of a limited restaurant license shall not purchase at retail more
than:
1. Nine
(9)liters of distilled spirits per month;
2. Nine
(9)liters of wine per month; and
3. Three
(3)cases of malt beverages per month.