Kentucky Statutes 244.080 – Retail sales to certain persons prohibited — Affirmative defense in prosecution for selling to a minor
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A retail licensee, or the licensee’s agent, servant, or employee, shall not sell, give away, or deliver any alcoholic beverages, or procure or permit any alcoholic beverages to be sold, given away, possessed by, or delivered to:
(1) A minor, except that in any prosecution for selling alcoholic beverages to a minor it shall be an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that the purchaser’s age could not have been ascertained by any other means and that the purchaser’s appearance and character indicated strongly that the purchaser was of legal age to purchase alcoholic beverages. This evidence may be introduced either in mitigation of the charge or as a defense to the charge itself; or
(2) A person who appears to a reasonable person to be actually or apparently under the influence of alcoholic beverages, controlled substances, other intoxicating substances, or any of these substances in combination, to the degree that the person may endanger any person or property, or unreasonably annoy persons in the vicinity.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 91, effective June 29, 2017. — Amended 2009 Ky. Acts ch. 66, sec. 1, effective June 25, 2009. — Amended
1998 Ky. Acts ch. 522, sec. 17, effective July 15, 1998. — Amended 1972 Ky. Acts ch. 286, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-181.
(1) A minor, except that in any prosecution for selling alcoholic beverages to a minor it shall be an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that the purchaser’s age could not have been ascertained by any other means and that the purchaser’s appearance and character indicated strongly that the purchaser was of legal age to purchase alcoholic beverages. This evidence may be introduced either in mitigation of the charge or as a defense to the charge itself; or
Terms Used In Kentucky Statutes 244.080
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) A person who appears to a reasonable person to be actually or apparently under the influence of alcoholic beverages, controlled substances, other intoxicating substances, or any of these substances in combination, to the degree that the person may endanger any person or property, or unreasonably annoy persons in the vicinity.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 91, effective June 29, 2017. — Amended 2009 Ky. Acts ch. 66, sec. 1, effective June 25, 2009. — Amended
1998 Ky. Acts ch. 522, sec. 17, effective July 15, 1998. — Amended 1972 Ky. Acts ch. 286, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-181.