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, 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; convenience store, grocery store, winery, (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 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; the establishment 2

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; 4

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; Permit minors to be in the area where the concert is taking place only during the time of the concert; and 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

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(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

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)