KRS 243.033: Caterer's license.

(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. The alcoholic beverage

stock of the caterer shall be kept under lock and k ey during the time that the

alcoholic beverages are not being used.

(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 in:

1. Cities and counties established as moist territory under KRS 242.1244 if

the receipts from the catering of food 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 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 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 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 conjunct ion with

the ordering of food for catering services; and

(d) Receive payment for alcoholic beverages served 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 fu ndraising event for which a

special temporary alcoholic beverage auction license has been issued under KRS

243.036.

(5) 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.

(6) 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.

(7) 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.

(8) The caterer licensee shall maintain records as set forth in KRS 244.150 and in

administrative regulations promulgated by the board.

(9) Notwithstanding subsection (3)(b) of this se ction, 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.

(10) Notwithstanding any other pro vision of state law, the department shall not impose

or attempt to enforce the following against a caterer:

(a) Any minimum number of customers, consumers, or other persons required at

an event for a caterer to cater that event; and

(b) Any limit on the number of events a caterer may cater in any time period.