(1) A nonquota retail malt beverage package license shall authorize the licensee to:
(a) Sell malt beverages at retail by the package from the licensed premises only for consumption off the licensed premises only; and (b) Purchase malt beverages only from a distributor.
(2) The holder of a quota retail package license under KRS 243.240 may also obtain a license under this section.
(3) The holder of a nonquota retail malt beverage package license may also hold a NQ4 retail malt beverage drink license.
(4) A nonquota retail malt beverage package license shall not be issued to sell malt beverages at retail for any premises from which gasoline and lubricating oil are sold or from which the servicing and repair of motor vehicles is conducted, unless there is maintained in inventory on the premises for sale at retail not less than five thousand dollars ($5,000) of food, groceries, and related products valued at cost.
(5) The term "food and groceries" means:
(a) Any food or food product intended for human consumption except alcoholic beverages, tobacco, hot foods, and hot food products prepared for immediate consumption;
(b) Seeds and plants to grow food for personal consumption.
(6) The provisions of this section shall not apply to any licensed premises which sells no fuel other than marine fuel.