SB 62 — AN ACT relating to commercial quadricycles.

UNOFFICIALCHAPTER COPY136 211 RSCHAPTER 136 ( SB 62/GA62 ) AN ACT relating to commercial quadricycles.

Page 1 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA (b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counterover-the- counter medication or a device installed and used by a licensee under this chapter to demonstrate the aroma of an alcoholic beverage;

or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY where any part of the process of the manufacture of malt beverages is carried on;

(10) "Building containing licensed premises" means the licensed premises themselves Page 2 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA and includes the land, tract of land, or parking lot in which the premises are contained, and any part of any building connected by direct access or by an entrance which is under the ownership or control of the licensee by lease holdings or ownership;

2.[(b)]2.[(b)]Is Is operated in a manner similar to that of a bicycle;

4.[(d)]4.[(d)]Has Has a unibody design;

Page 3 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA 5.[(e)] Is equipped with a minimum of four (4) hydraulically operated brakes;

[and] 7.[(g)]7.[(g)]Is Is operated by the vehicle owner or an employee of the owner;

CHAPTER 136 3 (20) "Convicted" and "conviction" means a finding of guilt resulting from a plea of guilty, the decision of a court, or the finding of a jury, irrespective of a pronouncement of judgment or the suspension of the judgment;

Page 4 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA (21) "County administrator" means county alcoholic beverage control administrator;

(29) "Dry" means a territory in which a majority of the electorate voted to prohibit all forms of retail alcohol sales through a local option election held under KRS Chapter Page 5 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA 242;

or PageLegislative 6Research ofCommission 12PDF SB006210.100Version -ACTS 254OF -THE XXXXGENERAL GAASSEMBLY UNOFFICIAL COPY 21 RS SB 62/GA (b) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least seventy percent (70%) of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of one hundred (100) persons of dining, and which is located in a wet or moist territory under KRS 242.1244;

"Premises" shall not include as a single unit two (2) or more separate businesses of one (1) owner on the same lot or tract of land, in the same or in different buildings if physical and permanent Page 7 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA separation of the premises is maintained, excluding employee access by keyed entry and emergency exits equipped with crash bars, and each has a separate public entrance accessible directly from the sidewalk or parking lot.

(46) "Private club" means a nonprofit social, fraternal, military, or political organization, club, or nonprofit or for-profitfor- profit entity maintaining or operating a club room, club rooms, or premises from which the general public is excluded;

(c) A distillery which is listed as a National Historic Landmark and which Page 8 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA conducts souvenir retail package sales under KRS 243.0305;

CHAPTER 136 5 (50) "Repackaging" means the placing of alcoholic beverages in any retail container irrespective of the material from which the container is made;

Page 9 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA (56) "Sale" means any transfer, exchange, or barter for consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee, of any alcoholic beverage;

Page 10 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA (64) "Territory" means a county, city, district, or precinct;

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Are not otherwise available for purchase from a licensed wholesaler within the Commonwealth;

(74) "Wine" means the product of the normal alcoholic fermentation of the juices of fruits, with the usual processes of manufacture and normal additions, and includes Page 11 of 12 SB006210.100 - 254 - XXXX GA UNOFFICIAL COPY 21 RS SB 62/GA champagne and sparkling and fortified wine of an alcoholic content not to exceed twenty-four percent (24%) by volume.

PageSigned 12by ofGovernor 12March SB006210.10025, -2021. 254 - XXXX GA