RELATES TO:
KRS
244.080,
244.085,
244.090
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
241.060(1) authorizes the
board to promulgate administrative regulations regarding matters over which the
board has jurisdiction. Subject to certain exceptions in
KRS
244.085, a licensee, or the licensee's
agents, servants, or employees, cannot permit persons 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. In addition to the statutorily exempted
business types,
KRS
244.085(5)(a) authorizes the
board to exempt additional business types from the prohibition of
KRS
244.085(5) if their
operations permit them to adequately monitor and prevent alcohol sales to
minors. This administrative regulation specifically identifies a list of
additional business types exempted from
KRS
244.085(5), and establishes
requirements governing the presence of minors on licensed premises.
Section 1. Definitions.
(1) "Barber shop" means an establishment
licensed under KRS Chapter 317, at which the practice of barbering is
conducted.
(2) "Bed and Breakfast"
is defined by
KRS
241.010(5).
(3) "Bowling alley" means a building
containing several lanes for the sport of tenpin bowling.
(4) "Commercial airplane" means an airplane
used by a commercial airlines system or charter flight system for regularly
scheduled or charter flights.
(5)
"Commercial airport" is defined by
KRS
241.010(15).
(6) "Department store" means a retail
establishment offering consumer goods for sale and including but not limited to
clothing, furniture, jewelry, cosmetics, and other similar products.
(7) "Designated drinking area" means an area
containing a bar, counter, or similar structure, where employees prepare and
serve alcoholic beverages to customers, that is separated from the remainder of
the premises by a barrier and that has no more than two (2) entrances and exits
accessible from the remainder of premises. The designated drinking area may
contain employee access by keyed entry and emergency exits equipped with crash
bars.
(8) "Museum" means a building
or place where works of art, scientific specimens, or other objects of cultural
value are stored and exhibited.
(9)
"Not-for-profit event" means an activity of limited duration organized and
conducted by a charity or not-for-profit organization for fundraising or other
purposes.
(10) "Organized civic or
community-sponsored event" is defined by
804 KAR
4:250, Section 1.
(11) "Paint and Sip business" means a
business that provides paid group painting lessons accompanied by alcoholic
beverages.
(12) "Qualified historic
site" is defined by
KRS
241.010(47).
(13) "Riverboat" is defined by
KRS
241.010(54).
(14) "Salon and Spa" means an establishment
licensed under KRS Chapter 317A at which cosmetology, nail technology, or
esthetic practices are conducted.
(15) "Train" means a railroad locomotive and
cars used by a railroad system.
Section 2. Business Types that Can Adequately
Monitor and Prevent Alcohol Sales to Minors. Pursuant to
KRS
244.085(5)(a) and in
addition to the business types identified in
KRS
244.085(5)(a) and Section 3
of this administrative regulation, the board determines that the operations of
the following specific business types allow them to adequately monitor and
prevent alcohol sales to minors and that they may permit minors to remain on
their licensed premises if operating as a:
(1)
Barber shop;
(2) Bed and
breakfast;
(3) Bowling
alley;
(4) Charity conducting a
not-for-profit event;
(5)
Commercial airplane;
(6) Commercial
airport;
(7) Department
store;
(8) Museum;
(9) Paint and sip business;
(10) Qualified historic site;
(11) Riverboat;
(12) Salon and spa;
(13) Train;
(14) Vendor operating at an organized civic
or community-sponsored event; or
(15) Business whose alcoholic beverage sales
do not exceed fifty (50) percent of its gross sales.
Section 3. Premises with Designated Drinking
Areas. In addition to the businesses identified in
KRS
244.085(5)(a) and Section 2
of this administrative regulation, a licensee may permit minors to remain on
licensed premises where alcoholic beverages are sold by the drink or consumed
if the licensee only conducts drink sales and permits consumption in a
designated drinking area from which minors are excluded.
Section 4. Permissive Exclusion of Minors.
Notwithstanding the provisions of
KRS
244.085(5)(a) and Sections 2
and 3 of this administrative regulation, a licensee may exclude minors from
parts or all of its premises.
Section
5. Minors on Premises Sign. Every licensee selling alcoholic
beverages by the drink for consumption on premises where minors are prohibited,
or in a designated drinking area where minors are prohibited, shall display at
all times, in a prominent place near the entrance to the premises or designated
drinking area where minors are prohibited, a printed card at least eight (8)
inches x eleven (11) inches in size which shall read, in 100 point or larger
type, substantially as follows: NO PERSONS UNDER 21 ALLOWED.