Kentucky Statutes 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
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(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, winery, convenience store, grocery store, drug store, entertainment destination center, licensed APC premises, live music or other entertainment or public facility, 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; or
(b) All alcoholic beverage inventory is kept in a separate, locked department at all times when minors are on the premises.
(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: July 15, 2020
History: Amended 2020 Ky. Acts ch. 102, sec. 19, effective July 15, 2020. — 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).
(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.
Terms Used In Kentucky Statutes 244.085
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(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, winery, convenience store, grocery store, drug store, entertainment destination center, licensed APC premises, live music or other entertainment or public facility, 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; or
(b) All alcoholic beverage inventory is kept in a separate, locked department at all times when minors are on the premises.
(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: July 15, 2020
History: Amended 2020 Ky. Acts ch. 102, sec. 19, effective July 15, 2020. — 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).