§ 130.36 PROHIBITIONS; PRESUMPTIONS.
   (A)   (1)   It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps include: controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering; and supervising the activities of minors at the gathering.
      (2)   It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (A)(1) above.
      (3)   It is unlawful for a person under the age of 21 years to consume alcohol, except as permitted by statute. A person under the age of 21 years is presumed to have consumed alcohol if he or she has an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person’s breath or blood taken within two hours of the initial contact by a law enforcement officer.
   (B)   This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by KRS 530.070(1)a.
   (C)   This section shall not apply to any Commonwealth Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.
(Ord. KOC 1010.8 (2009), passed 7-2-2009) Penalty, see § 130.99