2014 Kentucky Revised Statutes
CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS
244.085 Minors not to possess or purchase liquor nor to misrepresent age -- Use of fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold.

Download as PDF 244.085 Minors not to possess or purchase liquor nor to misrepresent age -Use of fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold. (1) (2) (3) (4) (5) (6) As used in KRS 244.083 and this section: "Premises" has the meaning it is given in KRS 241.010 and also means the place of business of a person licensed to sell alcoholic beverages including, in the case of drive-in establishments, the entire lot upon which the business establishment is situated. A person under 21 years of age shall not enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages. A person under 21 years of age shall not possess for his or her own use or purchase or attempt to purchase or have another purchase for him or her any alcoholic beverages. No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages. A person under 21 years of age shall not misrepresent his or her age for the purpose of inducing any licensee, or the licensee's agent, servant, or employee, to sell or serve any alcoholic beverages to the underage person. A person under 21 years of age shall not use, or attempt to use any false, fraudulent, or altered identification card, paper, or any other document to purchase or attempt to purchase or otherwise obtain any alcoholic beverage. Except as provided in KRS 244.087 and 244.090, a licensee, or his or her agents, servants, or employees shall not permit any person under twenty-one (21) years of age to remain on any premises where alcoholic beverages are sold by the drink or consumed on the premises, unless: (a) The usual and customary business of the establishment is a hotel, motel, restaurant, convention center, convention hotel complex, racetrack, simulcast facility, golf course, private club, park, fair, church, school, athletic complex, athletic arena, theater, small farm winery, distillery or brewery or winery tour, convenience store, grocery store, drug store, or similar establishment; (b) All alcoholic beverage inventory is kept in a separate, locked department at all times when minors are on the premises; (c) Written approval has been granted by the department to allow minors on the premises until 10 p.m. where the sale of alcohol is incidental to a specific family or community event including but not limited to weddings, reunions, or festivals. The licensee's request shall be in writing and shall specifically describe the event for which approval is requested. The state director shall approve or deny the request in writing; or (d) The usual and customary business of the establishment is an entertainment facility where prebooked concerts are held. For the purpose of this paragraph, house bands, disc jockeys, and karaoke are not considered concerts. During the times minors are on the premises under this paragraph, the licensee shall: 1. Maintain the responsibility of all ticket sales; 2. (7) (8) (9) Sell the concert tickets directly to the patron or have a contractual agreement with a vendor or promoter to sell the concert tickets for the licensee; 3. Maintain records of all gross concert ticket sales. The concert tickets shall have the name of a band or performer as well as the date of the concert; 4. Permit minors to be in the area where the concert is taking place only during the time of the concert; and 5. Prohibit minors on the premises until thirty (30) minutes prior to the concert and prohibit minors from remaining on the premises more than thirty (30) minutes after the concert performance has ended. Except as provided in subsection (6) of this section, a licensee or the licensee's agent, servant, or employee shall not allow any person under the age of twenty-one (21) to remain on any premises that sells alcoholic beverages by the package unless the underage person is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drugstore, or similar establishment. Except as provided in subsection (6) of this section, a person under the age of twenty-one (21) shall not remain on any premises that sells alcoholic beverages by the package unless he or she is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drugstore, or similar establishment. A violation of subsection (2), (3), (4), (5), or (8) of this section shall be deemed a status offense if committed by a person under the age of eighteen (18) and shall be under the jurisdiction of the juvenile session of the District Court or the family division of the Circuit Court, as appropriate. Effective:July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 587, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 66, sec. 2, effective June 25, 2009. -- Amended 2008 Ky. Acts ch. 87, sec. 22, effective July 15, 2008. -- Amended 2003 Ky. Acts ch. 58, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 522, sec. 18, effective July 15, 1998. -- Amended 1972 Ky. Acts ch. 286, sec. 2. -Created 1968 Ky. Acts ch. 62, secs. 1 to 4. Legislative Research Commission Note (6/25/2009). The Reviser of Statutes has corrected a manifest clerical or typographical error in subsection (6)(d) of this statute under the authority of KRS 7.136(1)(h).