243.033 Caterer's license.
744 words·~3 min read·
/ky/chapter-243/243-033A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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 authorize alcoholic beverage sales at 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.
(3)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 244.260;
(b)Transport, sell, serve, and deliver alcoholic 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 alcoholic beverages for a customer
and the customer's 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. Precincts established as moist territory if the receipts from the catering
of food at any catered event are at least ten percent (10%) of the gross
receipts from the catering of both food and alcoholic beverages. This
subparagraph shall supersede any conflicting provisions of KRS
Chapters 241 to 244;
3. Wet cities and counties in which quota retail drink licenses are not
available 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
4. 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 alcoholic beverages;
(c)Receive and fill telephone orders for alcoholic beverages in conjunction with
the ordering of food for a catered event; and
(d)Receive payment for alcoholic beverages served at a catered event on a by-
the-drink, cash bar, or by-the-event basis. The caterer may bill the customer
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 charitable or nonprofit fundraising event for which a
special temporary alcoholic beverage auction license has been issued under KRS
243.036.
(5)A caterer licensee shall not cater alcoholic beverages on Sunday except in territory
in which the Sunday sale of alcoholic beverages is permitted under the provisions
of KRS 244.290 and 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 the licensee's caterer's license at the
location of the function for which alcoholic beverages are catered.
(8)All restrictions and prohibitions applying to a quota retail drink licensee and an
NQ4 retail malt beverage drink licensee not inconsistent with this section shall
apply to the caterer licensee.
(9)The caterer licensee shall maintain records as set forth in KRS 244.150 and in
administrative regulations promulgated by the board.
(10)Notwithstanding subsection (3)(b) of this section, a caterer may serve alcoholic
beverages to guests who are twenty-one
(21)years of age or older at a private event
in dry territory if:
(a)The alcoholic beverages were lawfully purchased in a wet or moist territory:
1. By an individual; or
2. At the caterer's licensed premises in wet or moist territory; and
(b)The alcoholic beverages are not sold in dry territory to guests at the private
residence or private event regardless of whether the venue is a public place.