RELATES TO:
KRS
148.853(2)(b),
241.060(1),
243.030(21),
(35),
243.040,
243.050
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
241.060(1) authorizes the
board to promulgate administrative regulations regarding matters over which the
board has jurisdiction.
KRS
243.030(21) and (35)
authorizes the department to issue an entertainment destination center license.
This administrative regulation defines the term entertainment destination
center and establishes the privileges and responsibilities of an entertainment
destination center license.
Section 1.
Definition. "Entertainment destination center" or "EDC" means premises:
(1) That meet the incentive qualifications
for an entertainment destination center project as set forth in
KRS
148.853(2)(b) 1.;
(2) Located in a wet county or city that has
enacted an ordinance that:
(a) Determines an
entertainment destination center licensed premises would aid economic growth
and tourism in the county or city; and
(b) Defines the geographic boundaries of the
EDC; or
(3) That contain
a minimum of 100,000 square feet of building space, located within one (1) mile
of:
(a) An existing tourism attraction;
or
(b) A convention
center.
Section
2. Sales by EDC Licensee. An EDC licensee may sell alcoholic
beverages by the drink at one (1) or more nonpermanent locations within any
common area of the EDC.
Section 3.
Sales by Other Licensed Businesses.
(1) Each
business located within an EDC that sells alcoholic beverages shall hold the
necessary alcoholic beverage license or licenses for its premises.
(2) A licensee within or adjacent to the EDC
may sell alcoholic beverages from one (1) or more nonpermanent locations within
any common area of the EDC if:
(a) The
licensee holds a supplemental bar license for each nonpermanent location;
and
(b) The licensee holds written
permission for these sales by the EDC licensee.
Section 4. Drink Consumption in Common Areas
and Other Licensed Premises.
(1) A licensee
located in or adjacent to the EDC may allow patrons to leave its premises with
alcoholic beverage drinks and consume those drinks at other licensed premises
or any EDC common area if the EDC licensee:
(a) Possesses the common area by deed, lease,
or permit;
(b) Provides adequate
security for the common area;
(c)
Ensures that any portion of a public thoroughfare included in a common area is
controlled in a manner that ensures public safety and pedestrian protection
from vehicular traffic; and
(d) Has
granted written permission for this conduct.
(2) The EDC licensee shall prohibit patrons
from taking alcoholic beverages outside the physical boundaries of the
EDC.
(3) If the board suspends or
revokes the EDC license, all retail drink sales and consumption in any EDC
common area shall be prohibited.
Section 5. Minors in the Common Area. In
addition to authorized businesses listed in
KRS
244.085(5) and (6), minors
shall be permitted in EDC common areas if allowed by the EDC
licensee.
Section 6. Additional
Storage Location. As permitted by the EDC licensee in a written agreement, a
licensee located in the EDC may store alcoholic beverages at an identified
storage location in the EDC separate from its licensed premises.