2019 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.
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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)
A person under twenty-one (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 twenty-one (21) years of age shall not possess for personal
use or purchase or attempt to purchase or have another purchase for the
person any alcoholic beverages. No person shall aid or assist any person
under twenty-one (21) years of age in purchasing or being delivered or served
any alcoholic beverages.
A person under twenty-one (21) years of age shall not misrepresent the
person's 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 twenty-one (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 244.090, a licensee, or the licensee's 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 licensee 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,
brewery, winery, convenience store, grocery store, drug store,
entertainment destination center, licensed APC premises, or any other
business type, as determined by the board through the promulgation of
administrative regulations, whose operations allow it to adequately
monitor and prevent alcohol sales to minors;
(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
administrators 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.
(6)
(7)
(8)
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 (5) 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 (5) 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 the person under the age of twenty-one (21)
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 (1), (2), (3), (4), or (7) 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:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 92, effective June 29, 2017. -Amended 2016 Ky. Acts ch. 80, sec. 22, effective July 15, 2016. -- 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).
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