Kentucky Statutes 242.230 – Traffic in alcoholic beverages in dry territory prohibited — Unauthorized traffic in alcoholic beverages in moist territory prohibited — Unlawful possession prohibited — Exception for private residence or event
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(1) No person in dry territory shall sell, barter, loan, procure for, or provide another, or keep or transport for sale, barter, or loan, directly or indirectly, any alcoholic beverage.
(2) No person in moist territory shall sell, barter, loan, procure for, or provide another, or keep or transport for sale, barter, or loan, directly or indirectly, any alcoholic beverage unless the sale of that alcoholic beverage has been specifically authorized in that moist territory under a limited local option election.
(3) No person shall possess any alcoholic beverage unless it has been lawfully acquired and is intended to be used lawfully, and in any action the defendant shall have the burden of proving that the alcoholic beverages found in his or her possession were lawfully acquired and were intended for lawful use.
(4) (a) It shall not be a violation of this section for a person to possess or consume, or to provide alcoholic beverages to others in dry or moist territory, if:
1. The alcoholic beverages were lawfully purchased in wet or moist territory;
2. The alcoholic beverages are not sold to any person in dry or moist territory;
3. Any person possessing or consuming alcohol is twenty-one (21)
years of age or older;
4. The possession, consumption, or provision occurs at a private residence or private event, regardless of whether the venue is a public place; and
5. The possession, consumption, or provision does not occur at a public place in violation of KRS Chapter 222.
(b) For purposes of this section, an event is public, not private, if any member of the public is permitted to enter or attend the event upon payment of consideration.
Effective:April 9, 2019
History: Amended 2019 Ky. Acts ch. 201, sec. 1, effective April 9, 2019. — Amended 2013 Ky. Acts ch. 121, sec. 23, effective June 25, 2013. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs.
2554c-18, 2554c-37.
(2) No person in moist territory shall sell, barter, loan, procure for, or provide another, or keep or transport for sale, barter, or loan, directly or indirectly, any alcoholic beverage unless the sale of that alcoholic beverage has been specifically authorized in that moist territory under a limited local option election.
Terms Used In Kentucky Statutes 242.230
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Venue: The geographical location in which a case is tried.
(3) No person shall possess any alcoholic beverage unless it has been lawfully acquired and is intended to be used lawfully, and in any action the defendant shall have the burden of proving that the alcoholic beverages found in his or her possession were lawfully acquired and were intended for lawful use.
(4) (a) It shall not be a violation of this section for a person to possess or consume, or to provide alcoholic beverages to others in dry or moist territory, if:
1. The alcoholic beverages were lawfully purchased in wet or moist territory;
2. The alcoholic beverages are not sold to any person in dry or moist territory;
3. Any person possessing or consuming alcohol is twenty-one (21)
years of age or older;
4. The possession, consumption, or provision occurs at a private residence or private event, regardless of whether the venue is a public place; and
5. The possession, consumption, or provision does not occur at a public place in violation of KRS Chapter 222.
(b) For purposes of this section, an event is public, not private, if any member of the public is permitted to enter or attend the event upon payment of consideration.
Effective:April 9, 2019
History: Amended 2019 Ky. Acts ch. 201, sec. 1, effective April 9, 2019. — Amended 2013 Ky. Acts ch. 121, sec. 23, effective June 25, 2013. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs.
2554c-18, 2554c-37.