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AN ACT relating to the age requirement for serving alcoholic beverages. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 244.090 is amended to read as follows: 3
(1) A person holding any license shall not knowingly employ in connection with the 4
licensed business any person who: 5
(a) Has been convicted of any felony within the last two (2) years; 6
(b) Has been twice convicted of any misdemeanor or offense directly or indirectly 7
attributable to the use of alcoholic beverages within the last two (2) years; 8
(c) For the purposes of selling and serving alcoholic beverages, is under the age 9
of twenty (20) years, unless the person[ is] employed is at least eighteen (18) 10
years of age[: 11
1. In a bottling house or room of a licensed distiller, winery, brewer, or 12
rectifier; 13
2. In an office of a wholesaler or manufacturer that is maintained in a 14
building separate from the warehouses or factory; 15
3. At premises licensed only with a nonquota retail malt beverage package 16
license, and the person employed to sell malt beverages is at least 17
eighteen (18) years of age] and under the supervision of a person twenty 18
(20) years of age or older[; or 19
4. In any of the following establishments, if the employment is in a 20
capacity that does not involve the sale or serving of alcoholic beverages: 21
a. A restaurant that derives at least fifty percent (50%) of its food and 22
alcoholic beverage sales from the sale of food for consumption on 23
the licensed premises; or 24
b. Any other establishment with alcoholic beverage sales not 25
exceeding fifty percent (50%) of its gross sales]; or 26
(d) Within two (2) years prior to the date of the person's employment, has had any 27 UNOFFICIAL COPY 22 RS BR 302
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license issued under KRS Chapters 241 to 244 or under any other act or 1
ordinance relating to the regulation of the manufacture, sale, or transportation 2
of alcoholic beverages revoked for cause. 3
(2) The provisions of paragraphs (a) and (b) of subsection (1) of this section shall not 4
apply if the employee's duties do not involve the sale, service, delivery, or traffic in 5
alcoholic beverages at the licensed premises. 6
(3) A person under the age of twenty (20) years whose employment is authorized 7
under subsection (1) of this section shall not have duties that include bartending. 8
(4) Violation of this section shall subject both employer and employee to penalties 9
provided in this chapter and shall be cause for revocation of license. 10