RELATES TO:
KRS
243.260
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
241.060(1) authorizes the
board to promulgate reasonable administrative regulations governing procedures
relative to applications for licensure.
KRS
243.260 provides for the issuance of a
special temporary license in wet territory to any regularly organized fair,
exposition, racing association, or other party, when, in the opinion of the
board a necessity for the license exists. This administrative regulation
establishes application procedures and requirements for special temporary
licenses.
Section 1. Definition.
"Organized civic or community-sponsored event" means a public gathering of
broad appeal where citizens are invited and encouraged to attend without
significant cost of admission that is sponsored or acknowledged by the city or
county government in which the event is conducted, including any convention,
conference, celebration, pageant, parade, festival, fair, public display,
commemoration, or other type of public assemblage conducted for the benefit and
enjoyment of the general public.
Section
2. An applicant for a special temporary license pursuant to
KRS
243.260 shall complete the online application
process and submit their Online Special Temporary License Application
electronically at the Kentucky Alcoholic Beverage Control portal:
https://abcportal.ky.gov/BELLEExternal.
The applicant shall complete and submit their application no later than five
(5) working days prior to the date for which the license is
requested.
Section 3. An applicant
for a special temporary license pursuant to
KRS
243.260 shall provide supplemental
information as the board shall find necessary for proper review of the
application.
Section 4. For
purposes of the issuance of special temporary licenses pursuant to
KRS
243.260, necessity, in the opinion of the
board, shall limit applicants to:
(1) A
regularly organized fair, exposition, racing association, nonprofit
organization, or political campaign function; or
(2) A for-profit individual, corporation, or
organization if the license will be used in conjunction with an organized civic
or community-sponsored event.
Section
5. For-profit individual, corporate, or organizational applicants
for a temporary license in conjunction with an organized civic or
community-sponsored event shall submit written or documentary evidence of the
civic nature of the event, including promotional materials or news articles
evidencing the local government's knowledge of, and support for, the event for
which the applicant seeks a temporary license.
Section 6. Incorporation by Reference.
(1) "Online Special Temporary License
Application", February 2021, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Department of Alcoholic
Beverage Control, 500 Mero Street, 2 NE 33, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the
department's Web site at
https://abc.ky.gov/newstatic_Info.aspx?static_ID=652.
