(A) As used in KRS 244.083 and this section, PREMISES means the place of business of a person licensed to sell alcoholic beverages including, in the case of drive-in establishments, the entire lot upon which the business establishment is situated.
(B) With regard to persons under 21 years of age:
(1) Except as herein provided, no person under 21 years of age shall enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages;
(2) No person holding any license for on-premises consumption of distilled spirits and wine or a license for retail malt beverage sales, or any clerk, servant, agent or employee thereof shall permit any person under the age of 21 years on the licensed premises unless such premises is a restaurant, grocery store, hotel, private club or upon the premises for a temporary licensed event, including plays or bona fide concerts. In such exempted premises, persons under 21 years of age shall not enter the barroom area;
(3) Minors not accompanied by a parent or legal guardian shall not remain on a licensed premises classified herein as a restaurant after the hour of 10:00 p.m. unless the minor remains only in the designated restaurant area which is clearly separated from both the barroom area and any area provided for dancing; and
(4) The prohibitions set forth in divisions (B)(1), (B)(2) and (B)(3) above shall not apply to persons under the age of 21 who are working on the premises, either as an employee or an independent contractor, which persons may enter and remain on said premises while they are working, and at no other time.
(C) A licensee or any of his or her clerks, servants, agents or employees is guilty of permitting the unlawful possession or consumption of alcoholic beverages on a licensed premises when he or she:
(1) Owns, occupies, maintains, controls, leases or exercises control or ownership of real estate, including, but not limited to, the buildings and other structures located thereon, and permits any person under the age of 21 to possess or consume any alcoholic beverage on the premises; or
(2) Owns, occupies, maintains, controls, leases or exercises control or ownership of real estate, including, but not limited to, the buildings and other structures located thereon, and allows or permits any person under the age of 21 years to remain on the premises while that person possesses or consumes any alcoholic beverage.
(D) In the event a violation occurs under the provisions of this section, the DSABC shall forthwith conduct a hearing pursuant to KRS 243.520 (in conjunction with KRS 241.160 and 241.190), to determine whether the licensee, at whose business establishment the prohibited activity occurred, may have such license suspended or revoked. In the event three or more violations under the provisions of this section occur at a business establishment within a 12-month period, the DSABC, after a hearing, shall suspend or revoke said license.
(E) No person under 21 years of age shall possess for his or her own use, or purchase or attempt to purchase or have another purchase for him or her, any alcoholic beverages. No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages.
(F) No person under 21 years of age shall misrepresent his or her age for the purpose of inducing any licensee, or other employee of any licensee, to sell or serve any alcoholic beverages to such person.
(G) No person under 21 years of age shall use, or attempt to use, any false, fraudulent or altered identification card or paper, or any other document, to purchase or attempt to purchase or otherwise obtain any alcoholic beverage.
(Prior Code, § 116.066) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999