This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Kentucky’s Governing Liquor Authority

Kentucky’s Governing Liquor Authority:

• The State of Kentucky’s governing liquor authority is the Department of Alcoholic Beverage Control referred to as the ABC.
• The phone number for the ABC is: 502-564-4850.
• The website for the ABC is: www.abc.ky.gov/.

• Kentucky’s Legislature is the body responsible for enacting the state’s alcohol laws.

• Responsible alcohol service training is voluntary.
• Posting of alcohol warning signs is required by the state. The ABC will supply 11x14 sings that must be prominently displayed for customers to easily see. Failure to post the warning signs could result in a fine.

Liquor License and Alcohol Beverage Laws for the State of Kentucky

Kentucky’s ABC:

• Requires licensees to uphold all the liquor laws for the state of Kentucky.

• Requires licensees to also be knowledgeable of and abide by any local ordinances as well.
• May require licensees to complete a responsible alcohol service training program when a violation occurs. This may take the place of or be in addition to the suspension of the licensee’s license. 

 Licensees are prohibited from:

• Offering free drinks to customers.
• Selling alcohol to anyone that they know who is a habitually drunk person, who has been convicted of drunkenness 3 times within the last year, who has been convicted of a felony or who has been convicted of a misdemeanor related to alcohol.

A licensee who is authorized to sell wine and distilled spirits may only offer samples after notifying the ABC in writing 7 days before the event. The event may only take place between the hours of noon and 8pm and may not last more than 4 hours. Samples may be given as follows:

• Must be free.
• Must be offered during regular business hours.
• Pours may not be more than 1 ounce of wine or ½ ounce of distilled spirits.
• Total of samples given may not exceed 6 different wine samples and 2 distilled spirits samples per customer per day.

 The following are the general service hours for alcoholic beverages in the state of Kentucky (local ordinances should always be consulted):

• On-Premise establishments, Off-Premise licensees and retail stores may sell alcohol Monday – Saturday within the hours of 6am to midnight. The actual hours are determined by local ordinance.
• Sunday sales are only permitted by local ordinance and approved through a vote.
• Sales of alcohol on any election day are prohibited while the polls are open

Identification

 Under Kentucky law:

·         Acceptable forms of identification are not regulated by the state.

·         Generally, a licensee may accept any valid government issued photo ID such as a driver’s license or state ID.

·         Licensees should confiscate a person’s ID if they believe it to be false. Licensees should then hand over the false ID to local law enforcement.

Kentucky’s Laws Regarding Age

Under Kentucky law:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell or serve alcohol to a minor.
• The legal age for employment is generally 20 years of age. However, minors who are 18 and 19 years of age may be employed to handle malt beverages and perform such functions as: stock, accept payment for, bag and arrange the displays. They must be supervised by another employee who is 20 years of age or older.
• Minors are not permitted on the premises of any licensed establishment. There are many exceptions to this rule where minors are allowed on the premises, such as:

o        Grocery stores, convenience stores, drug stores, or other similar establishments.

o        Restaurants.

o        Hotels and motels.

o        Convention centers and convention hotel complexes.

o        Parks.

o        Racetracks and simulcast facilities.

o        Golf courses.

o        Private clubs.

o        Theaters.

o        Fairs, churches and schools.

o        Athletic complexes, athletic arenas.

o        Tours that take place at distilleries, breweries or wineries.

o        Establishments where concerts take place that are booked in advance with advance ticket sales. Does not include house bands, disc jockeys and karaoke.

• While minors are present on a licensed establishment, all of the alcohol must be kept in a separate, locked area at all times.
• Licensees may request in writing to the ABC that minors be allowed on the premises for a special event or occasion. The request must specify the exact nature of the community or family event such as a wedding, festival, reunion, etc. The Director has the authority to approve such a request. If approved, the minors would only be permitted on the premises until 10pm.

Dram Shop Laws for the State of Kentucky

Dram Shop Liability:

• Kentucky recognizes consumption of alcohol to be the proximate cause of injury or damages due to the actions of intoxicated customers rather than the service of alcohol. Therefore, under Kentucky’s law, the guest may be held civilly liable. The licensee and/or employees are only held liable if they:

o        Served a visibly intoxicated person.

o        Served a person that they should have reasonably known was intoxicated.

o        Forced a customer to consume alcohol or contributed to forcing them.

o        Represented falsely that an alcoholic drink did not contain any alcohol.

ADDENDUM: KENTUCKY’S DRAM SHOP LAW

413.241 Legislative finding -- Limitation on liability of licensed sellers or servers of intoxicating beverages -- Liability of intoxicated person.

(1) The General Assembly finds and declares that the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or another person.

(2) Any other law to the contrary notwithstanding, no person holding a permit under KRS 243.030, 243.040, 243.050, nor any agent, servant, or employee of the person, who sells or serves intoxicating beverages to a person over the age for the lawful purchase thereof, shall be liable to that person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises including but not limited to wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served, unless a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving.

(3) The intoxicated person shall be primarily liable with respect to injuries suffered by third persons.

(4) The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol.

(5) This section shall not apply to civil actions filed prior to July 15, 1988.

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 121, sec. 36, effective July 15, 1998. . Created 1988 Ky. Acts ch. 434, sec. 1, effective July 15, 1988.