Post 288 STRICTLY ADHERS TO THE KY STATUTES
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) 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. - (2) 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. - (3) 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. - (4) 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. - (5) 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, live music or other entertainment or public facility, 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; or
- (b) All alcoholic beverage inventory is kept in a separate, locked department at all times when minors are on the premises.
- (6) 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.
- (7) 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.
- (8) 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.
244.090 Persons whom licensees may not employ; partial exception
- (1) A person holding any license shall not knowingly employ in connection with the licensed business any person who:
- (a) Has been convicted of any felony within the last two (2) years;
- (b) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable to the use of alcoholic beverages within the last two (2) years;
- (c) Is under the age of twenty (20) years, unless the person is employed:
- In a bottling house or room of a licensed distiller, winery, brewer, or rectifier;
- In an office of a wholesaler or manufacturer that is maintained in a building separate from the warehouses or factory;
- At premises licensed only with a nonquota retail malt beverage package license, and the
person employed to sell malt beverages is at least eighteen (18) years of age and under the supervision of a person twenty (20) years of age or older; or - In any of the following establishments, if the employment is in a capacity that does not
involve the sale or serving of alcoholic beverages:- A restaurant that derives at least fifty percent (50%) of its food and alcoholic beverage sales from the sale of food for consumption on the licensed premises; or
- Any other establishment with alcoholic beverage sales not exceeding fifty percent
(50%) of its gross sales; or
- (d) Within two (2) years prior to the date of the person’s employment, has had any license issued under KRS Chapters 241 to 244 or under any other act or ordinance relating to the regulation of the manufacture, sale, or transportation of alcoholic beverages revoked for cause.
- (2) The provisions of paragraphs (a) and (b) of subsection (1) of this section shall not apply if the employee’s duties do not involve the sale, service, delivery, or traffic in alcoholic beverages at the licensed premises.
- (3) Violation of this section shall subject both employer and employee to penalties provided in this chapter and shall be cause for revocation of license.