{"data":{"id":"us-ky/krs-241.010","jurisdiction":"us-ky","citation":"KRS 241.010","heading":"Definitions for KRS Chapters 241 to 244.","body":"As used in KRS Chapters 241 to 244, unless the context requires otherwise:\n(1) \"Alcohol\" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from\nwhatever source or by whatever process it is produced;\n(2) \"Alcoholic beverage\" means every liquid, solid, powder, or crystal, whether\npatented or not, containing alcohol in an amount in excess of more than one percent\n(1%) of alcohol by volume, which is fit for beverage purposes. I t includes every\nspurious or imitation liquor sold as, or under any name commonly used for,\nalcoholic beverages, whether containing any alcohol or not. It does not include the\nfollowing products:\n(a) Medicinal preparations manufactured in accordance with f ormulas prescribed\nby the United States Pharmacopoeia, National Formulary, or the American\nInstitute of Homeopathy;\n(b) Patented, patent, and proprietary medicines;\n(c) Toilet, medicinal, and antiseptic preparations and solutions;\n(d) Flavoring extracts and syrups;\n(e) Denatured alcohol or denatured rum;\n(f) Vinegar and preserved sweet cider;\n(g) Wine for sacramental purposes; and\n(h) Alcohol unfit for beverage purposes that is to be sold for legitimate external\nuse;\n(3) (a) \"Alcohol vaporizing device\" or \"AWOL device\" means any device, machine,\nor process that mixes liquor, spirits, or any other alcohol product with pure\noxygen or by a ny other means produces a vaporized alcoholic product used\nfor human consumption;\n(b) \"Alcohol vaporizing device\" or \"AWOL device\" does not include an inhaler,\nnebulizer, atomizer, or other device that is designed and intended by the\nmanufacturer to dispen se a prescribed or over -the-counter medication or a\ndevice installed and used by a licensee under this chapter to demonstrate the\naroma of an alcoholic beverage;\n(4) \"Automobile race track\" means a facility primarily used for vehicle racing that has a\nseating capacity of at least thirty thousand (30,000) people;\n(5) \"Barrel-aged and batched cocktail\" means an alcoholic beverage that is:\n(a) Composed of:\n1. Distilled spirits that have been dispensed from their original sealed\ncontainer; and\n2. Other ingredients or alcoholic beverages;\n(b) Placed into a barrel or container on the premises of a retail licensee; and\n(c) Dispensed from the barrel or container as a retail sale by the drink;\n(6) \"Bed and breakfast\" means a one (1) family dwelling unit that:\n(a) Has guest rooms or suites used, rented, or hired out for occupancy or that are\noccupied for sleeping purposes by persons not members of the single -family\nunit;\n(b) Holds a permit under KRS Chapter 219; and\n(c) Has an innkeeper who resides on the premises or p roperty adjacent to the\npremises during periods of occupancy;\n(7) \"Board\" means the State Alcoholic Beverage Control Board created by KRS\n241.030;\n(8) \"Bottle\" means any container which is used for holding alcoholic beverages for the\nuse and sale of alcoholic beverages at retail;\n(9) \"Brewer\" means any person who manufactures malt beverages or owns, occupies,\ncarries on, works, or conducts any brewery, either alone or through an agent;\n(10) \"Brewery\" means any place or premises where malt beverages are manufactured for\nsale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards,\nand storerooms connected with the premises; or where any part of the process of the\nmanufacture of malt beverages is carried on; or where any apparatus connected with\nmanufacture is kept or used; or where any of the products of brewing or\nfermentation are stored or kept;\n(11) \"Building containing licensed premises\" means the licensed premises themselves\nand includes the land, tract of land, or parking lot in wh ich the premises are\ncontained, and any part of any building connected by direct access or by an\nentrance which is under the ownership or control of the licensee by lease holdings\nor ownership;\n(12) \"Cannabinoid\" means a compound found in the hemp plant Cannabis sativa L. from\na United States Department of Agriculture -sanctioned domestic hemp production\nprogram and does not include cannabinoids derived from any other substance;\n(13) \"Cannabis-infused beverage\":\n(a) Means a properly permitted adult -use cannabinoid liquid product intended for\nhuman consumption that has intoxicating properties that change the function\nof the nervous system and results in alterations of perception, cognition, or\nbehavior and shall not contain more than five (5) milligrams of int oxicating\nadult-use cannabinoids per twelve (12) ounce serving; and\n(b) Shall not include:\n1. Medicinal cannabis regulated under KRS Chapter 218B;\n2. Any type of hemp tincture; and\n3. Any product containing solely nonintoxicating cannabinoids;\n(14) \"Caterer\" means a person operating a food service business that prepares food in a\nlicensed and inspected commissary, transports the food and alcoholic beverages to\nthe caterer's designated a nd inspected banquet hall or to an agreed location, and\nserves the food and alcoholic beverages pursuant to an agreement with another\nperson;\n(15) \"Charitable organization\" means a nonprofit entity recognized as exempt from\nfederal taxation under Section 5 01(c) of the Internal Revenue Code, 26 U.S.C. sec.\n501(c), or any organization having been established and continuously operating\nwithin the Commonwealth of Kentucky for charitable purposes for three (3) years\nand which expends at least sixty percent (60%)  of its gross revenue exclusively for\nreligious, educational, literary, civic, fraternal, or patriotic purposes;\n(16) \"Cider\" means any fermented fruit -based beverage containing seven percent (7%)\nor more alcohol by volume and includes hard cider and perry cider;\n(17) \"City administrator\" means city alcoholic beverage control administrator;\n(18) \"Commercial airport\" means an airport through which more than five hundred\nthousand (500,000) passengers arrive or depart annually;\n(19) (a) \"Commercial quadricycle\" means a vehicle equipped with a minimum of ten\n(10) pairs of fully operative pedals for propulsion by means of human\nmuscular power and which:\n1. Has four (4) wheels;\n2. Is operated in a manner similar to that of a bicycle;\n3. Is equipped with a minimum of thirteen (13) seats for passengers;\n4. Has a unibody design;\n5. Is equipped with a minimum of four (4) hydraulically operated brakes;\n6. Is used for commercial tour purposes;\n7. Is operated by the vehicle owner or an employee of the owner; and\n8. Has an electrical assist system that shall only be used when traveling to\nor from its storage location while not carrying passengers.\n(b) A \"commercial quadricycle\" is not a motor vehicle as defined in KRS 186.010\nor 189.010;\n(20) \"Commissioner\" means the commissioner of the Department of Alcoholic Beverage\nControl;\n(21) \"Consumer\" means a person, persons, or business organization who purchases\nalcoholic beverages and who:\n(a) Does not hold a license or permit issued by the department;\n(b) Purchases the alcoholic  beverages for personal consumption only and not for\nresale;\n(c) Is of lawful drinking age; and\n(d) Receives the alcoholic beverages in territory where the alcoholic beverages\nmay be lawfully sold or received;\n(22) \"Convention center\" means any facility wh ich, in its usual and customary business,\nprovides seating for a minimum of one thousand (1,000) people and offers\nconvention facilities and related services for seminars, training and educational\npurposes, trade association meetings, conventions, or civic  and community events\nor for plays, theatrical productions, or cultural exhibitions;\n(23) \"Convicted\" and \"conviction\" means a finding of guilt resulting from a plea of\nguilty, the decision of a court, or the finding of a jury, irrespective of a\npronouncement of judgment or the suspension of the judgment;\n(24) \"County administrator\" means county alcoholic beverage control administrator;\n(25) \"Department\" means the Department of Alcoholic Beverage Control;\n(26) \"Dining car\" means a railroad passenger car that serves meals to consumers on any\nrailroad or Pullman car company;\n(27) \"Discount in the usual course of business\" means price reductions,  rebates, refunds,\nand discounts given by wholesalers to distilled spirits and wine retailers pursuant to\nan agreement made at the time of the sale of the merchandise involved and are\nconsidered a part of the sales transaction, constituting reductions in p rice pursuant\nto the terms of the sale, irrespective of whether the quantity discount was:\n(a) Prorated and allowed on each delivery;\n(b) Given in a lump sum after the entire quantity of merchandise purchased had\nbeen delivered; or\n(c) Based on dollar volume or on the quantity of merchandise purchased;\n(28) \"Distilled spirits\" or \"spirits\" means any product capable of being consumed by a\nhuman being which contains alcohol obtained by distilling, mixed with water or\nother substances in solution, except wine, hard cider, and malt beverages;\n(29) \"Distiller\" means any person who is engaged in the business of manufacturing\ndistilled spirits at any distillery in the state and is registered in the Office of the\nCollector of Internal Revenue for the United States at Louisville, Kentucky;\n(30) \"Distillery\" means any place or premises where distilled spirits are manufactured\nfor sale, and which are registered in the office of any collector of internal revenue\nfor the United States. It includes any United States government bonded warehouse;\n(31) \"Distributor\" means any person who distributes malt beverages for the purpose of\nbeing sold at retail;\n(32) \"Dry\" means a territory in which a majority of the electorate voted to prohibit all\nforms of retail alcoholic beverage s ales through a local option election held under\nKRS Chapter 242;\n(33) \"Election\" means:\n(a) An election held for the purpose of taking the sense of the people as to the\napplication or discontinuance of alcoholic beverage sales under KRS Chapter\n242; or\n(b) Any other election not pertaining to alcoholic beverages;\n(34) \"Horse racetrack\" means a facility licensed to conduct a horse race meeting under\nKRS Chapter 230;\n(35) \"Hotel\" means a hotel, motel, or inn for accommodation of the traveling public,\ndesigned primarily to serve transient patrons;\n(36) \"Investigator\" means any employee or agent of the department who is regularly\nemployed and whose primary function is to travel from place to place for the\npurpose of visiting licensees, and any employee or agent of the department who is\nassigned, temporarily or permanently, by the commissioner to duty outside the main\noffice of the department at Frankfort, in connection with the administration of\nalcoholic beverage statutes;\n(37) \"License\" means any license issued pursuant to KRS Chapters 241 to 244;\n(38) \"Licensee\" means any person to whom a license has been issued, pursuant to KRS\nChapters 241 to 244;\n(39) \"Limited restaurant\" means:\n(a) A facility where the usual and customary business is the preparation and\nserving of meals to consumers, which has a bona fide kitchen facility, which\nreceives at least seventy percent (70%) of its food and alcoholic beverage\nreceipts from the sale of food, which maintains a minimum seating capacity of\nfifty (50) persons for dining , which has no open bar, which requires that\nalcoholic beverages be sold in conjunction with the sale of a meal, and which\nis located in a wet or moist territory under KRS 242.1244; or\n(b) A facility where the usual and customary business is the preparatio n and\nserving of meals to consumers, which has a bona fide kitchen facility, which\nreceives at least seventy percent (70%) of its food and alcoholic beverage\nreceipts from the sale of food, which maintains a minimum seating capacity of\none hundred (100) pe rsons of dining, and which is located in a wet or moist\nterritory under KRS 242.1244;\n(40) \"Local administrator\" means a city alcoholic beverage control administrator, county\nalcoholic beverage control administrator, or urban -county alcoholic beverage\ncontrol administrator;\n(41) \"Malt beverage\" means any fermented undistilled alcoholic beverage of any name\nor description, manufactured from malt wholly or in part, or from any substitute for\nmalt, and includes weak cider;\n(42) \"Manufacture\" means distill, rectify, brew, bottle, and operate a winery;\n(43) \"Manufacturer\" means a winery, distiller, rectifier, or brewer, and any other person\nengaged in the production or bottling of alcoholic beverages;\n(44) \"Marina\" means a dock or basin providing moorings for boa ts and offering supply,\nrepair, or other services for remuneration;\n(45) \"Minor\" means any person who is not twenty-one (21) years of age or older;\n(46) \"Moist\" means a territory in which a majority of the electorate voted to permit\nlimited alcoholic beverage sales by any one (1) or a combination of special limited\nlocal option elections authorized by KRS Chapter 242;\n(47) \"Population\" means the population  figures established by the federal decennial\ncensus for a census year or the current yearly population estimates prepared by the\nKentucky State Data Center, Urban Studies Center of the University of Louisville,\nLouisville, Kentucky, for all other years;\n(48) \"Premises\" means the land and building in and upon which any business regulated\nby alcoholic beverage statutes is operated or carried on. \"Premises\" shall not\ninclude as a single unit two (2) or more separate businesses of one (1) owner on the\nsame lot  or tract of land, in the same or in different buildings if physical and\npermanent separation of the premises is maintained, excluding employee access by\nkeyed entry and emergency exits equipped with crash bars, and each has a separate\npublic entrance acce ssible directly from the sidewalk or parking lot. Any licensee\nholding an alcoholic beverage license on July 15, 1998, shall not, by reason of this\nsubsection, be ineligible to continue to hold his or her license or obtain a renewal,\nof the license;\n(49) \"Primary source of supply\" or \"supplier\" means the distiller, winery, brewer,\nproducer, owner of the commodity at the time it becomes a marketable product,\nbottler, or authorized agent of the brand owner. In the case of imported products,\nthe primary source  of supply means either the foreign producer, owner, bottler, or\nagent of the prime importer from, or the exclusive agent in, the United States of the\nforeign distiller, producer, bottler, or owner;\n(50) \"Private club\" means a nonprofit social, fraternal, military, or political organization,\nclub, or nonprofit or for -profit entity maintaining or operating a club room, club\nrooms, or premises from which the general public is excluded;\n(51) \"Private selection event\" means a private event with a licensed disti ller during\nwhich participating consumers, retail licensees, wholesalers, distributors, or a\ndistillery's own representatives select a single barrel or a blend of barrels of the\ndistiller's products to be specially packaged for the participants;\n(52) \"Private selection package\" means a bottle of distilled spirits sourced from the\nbarrel or barrels selected by participating consumers, retail licensees, wholesalers,\ndistributors, microbreweries that hold a quota retail drink or quota retail package\nlicense, or a distillery's own representatives during a private selection event;\n(53) \"Public nuisance\" means a condition that endangers safety or health, is offensive to\nthe senses, or obstructs the free use of property so as to interfere with the\ncomfortable enjoyment of life or property by a community or neighborhood or by\nany considerable number of persons;\n(54) \"Qualified historic site\" means:\n(a) A contributing property with dining facilities for at least fifty (50) persons at\ntables, booths, or bars where food  may be served within a commercial district\nlisted in the National Register of Historic Places;\n(b) A site that is listed as a National Historic Landmark or in the National\nRegister of Historic Places with dining facilities for at least fifty (50) persons\nat tables, booths, or bars where food may be served;\n(c) A distillery which is listed as a National Historic Landmark and which\nconducts souvenir retail package sales under KRS 243.0305; or\n(d) A not-for-profit or nonprofit facility listed on the National Register of Historic\nPlaces;\n(55) \"Rectifier\" means any person who rectifies, purifies, or refines distilled spirits,\nmalt, or wine by any process other than as provided for on distillery premises, and\nevery person who, without rectifying, purifying, or re fining distilled spirits by\nmixing alcoholic beverages with any materials, manufactures any imitations of or\ncompounds liquors for sale under the name of whiskey, brandy, gin, rum, wine,\nspirits, cordials, bitters, or any other name;\n(56) \"Repackaging\" mea ns the placing of alcoholic beverages in any retail container\nirrespective of the material from which the container is made;\n(57) \"Restaurant\" means a facility where the usual and customary business is the\npreparation and serving of meals to consumers, tha t has a bona fide kitchen facility,\nand that receives at least fifty percent (50%) of its food and alcoholic beverage\nreceipts from the sale of food at the premises;\n(58) \"Retail container\" means any bottle, can, barrel, or other container which, without a\nseparable intermediate container, holds alcoholic beverages and is suitable and\ndestined for sale to a retail outlet, whether it is suitable for delivery or shipment to\nthe consumer or not;\n(59) \"Retail sale\" means any sale of alcoholic beverages to a con sumer, including those\ntransactions taking place in person, electronically, online, by mail, or by telephone;\n(60) \"Retailer\" means any licensee who sells and delivers any alcoholic beverage to\nconsumers, except for manufacturers with limited retail sale p rivileges and direct\nshipper licensees;\n(61) \"Riverboat\" means any boat or vessel with a regular place of mooring in this state\nthat is licensed by the United States Coast Guard to carry forty (40) or more\npassengers for hire on navigable waters in or adjacent to this state;\n(62) \"Sale\" means any transfer, exchange, or barter for consideration, and includes all\nsales made by any person, whether principal, proprietor, agent, servant, or\nemployee, of any alcoholic beverage;\n(63) \"Service bar\" means a bar, counter, shelving, or similar structure used for storing or\nstocking supplies of alcoholic beverages that is a workstation where employees\nprepare alcoholic beverage drinks to be delivered to customers away from the\nservice bar;\n(64) \"Sell\" includes solicit o r receive an order for, keep or expose for sale, keep with\nintent to sell, and the delivery of any alcoholic beverage;\n(65) \"Small farm winery\" means a winery whose wine production is not less than two\nhundred fifty (250) gallons and not greater than five hundred thousand (500,000)\ngallons in a calendar year;\n(66) \"Souvenir package\" means a special package of distilled spirits available from a\nlicensed retailer that is:\n(a) Available for retail sale at a licensed Kentucky distillery where the distilled\nspirits were produced or bottled; or\n(b) Available for retail sale at a licensed Kentucky distillery but produced or\nbottled at another of that distiller's licensed distilleries in Kentucky;\n(67) \"State administrator\" or \"administrator\" means the distilled spirits administrator or\nthe malt beverages administrator, or both, as the context requires;\n(68) \"State park\" means a state park that has a:\n(a) Nine (9) or eighteen (18) hole golf course; or\n(b) Full-service lodge and dining room;\n(69) \"Supplemental bar\" means a bar, counter, shelving, or similar structure used for\nserving and selling distilled spirits or wine by the drink for consumption on the\nlicensed premises to guests and patrons from addit ional locations other than the\nmain bar;\n(70) \"Territory\" means a county, city, district, or precinct;\n(71) \"Urban-county administrator\" means an urban -county alcoholic beverage control\nadministrator;\n(72) \"Valid identification document\" means an unexpired , government -issued form of\nidentification that contains the photograph and date of birth of the individual to\nwhom it is issued;\n(73) \"Vehicle\" means any device or animal used to carry, convey, transport, or otherwise\nmove alcoholic beverages or any produ cts, equipment, or appurtenances used to\nmanufacture, bottle, or sell these beverages;\n(74) \"Vintage distilled spirit\" means:\n(a) A private selection package; or\n(b) A package or packages of distilled spirits that:\n1. Are in their original manufacturer's unopened container;\n2. Are not owned by a distillery; and\n3. Are not otherwise available for purchase from a licensed wholesaler\nwithin the Commonwealth;\n(75) (a) \"Vintage distilled spirits seller\" means a nonlicensed person at least twenty -\none (21) years of age who is:\n1. An administrator, executor, receiver, or other fiduciary who receives and\nsells vintage distilled spirits in execution of the person's fiduciary\ncapacity;\n2. A creditor who receives or takes possession of vintage distilled spirits as\nsecurity for, or in payment of, debt, in whole or in part;\n3. A public officer or court official who levies on vintage distilled spirits\nunder order or process of any court or magistrate to sell the vintage\ndistilled spirits in satisfaction of the order or process; or\n4. Any other person not engaged in the business of selling alcoholic\nbeverages.\n(b) \"Vintage distilled spirits seller\" does not mean:\n1. A person selling alcoholic beverages as part of an approved KRS\n243.630 transfer; or\n2. A person selling alcoholic beverages as authorized by KRS 243.540;\n(76) \"Warehouse\" means any place in which alcoholic beverages are housed or stored;\n(77) \"Weak cider\" means any fermented fruit -based beverage containing more than one\npercent (1%) but less than seven percent (7%) alcohol by volume;\n(78) \"Wet\" means a territory in whi ch a majority of the electorate voted to permit all\nforms of retail alcoholic beverage sales by a local option election under KRS\n242.050 or 242.125 on the following question: \"Are you in favor of the sale of\nalcoholic beverages in (name of territory)?\";\n(79) \"Wholesale sale\" means a sale to any person for the purpose of resale;\n(80) \"Wholesaler\" means any person who distributes alcoholic beverages for the purpose\nof being sold at retail, but it shall not include a subsidiary of a manufacturer or\ncooperative of a retail outlet;\n(81) \"Wine\" means the product of the normal alcoholic fermentation of the juices of\nfruits, with the usual processes of manufacture and normal additions, and includes\nchampagne and sparkling and fortified wine of an alcoholic content not to exceed\ntwenty-four percent (24%) by volume. It includes sake, cider, hard cider, and perry\ncider and also includes preparations or mixtures vended in retail containers if these\npreparations or mixtures contain not more than fifteen percent (15%) of alcohol by\nvolume. It does not include weak cider; and\n(82) \"Winery\" means any place or premises in which wine is manufactured from any\nfruit, or brandies are distilled as a by -product of wine or other fruit, or cordials are\ncompounded, except a place or p remises that manufactures wine for sacramental\npurposes exclusively.","path":["KRS Chapter 241"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56606","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:51Z","sha256":"84951b1fdd3e9506195d1d3ec485a138871ecaee0c97abf2f00576ab6a89515f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-24.270","next":"us-ky/krs-241.015"},"notice":"GroundRules: Original legal text. Not legal advice."}