KRS 243.034: Business authorized by limited restaurant license within wet territory or

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 sh all 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 o f 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.

(5) (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.