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AN ACT relating to security requirements at retail establishments licensed to sell 1
alcohol for on-premises consumption. 2
WHEREAS, it is the intent of the General Assembly to ensure the physical safety of 3
all patrons of retail businesses licensed to sell on-premises consumption of alcoholic 4
beverages; and 5
WHEREAS, the General Assembly recognizes the important role bouncers play in 6
maintaining the peace on the premises of these businesses, while also recognizing that 7
bouncers are placed in a position of authority over patrons on the premises; and 8
WHEREAS, patrons are entitled to their personal physical safety when on the 9
premises of these businesses, including in all their interactions with that business's 10
bouncer; and 11
WHEREAS, it is the duty of these businesses to implement responsible hiring 12
practices when filling a bouncer position; and 13
WHEREAS, it is in the interest and safety of all patrons that individuals employed 14
as bouncers receive training on topics intrinsic to safe conflict de-escalation; and 15
WHEREAS, it is the duty of the bouncer to use effective interpersonal 16
communication skills when interacting with patrons and employ safe conflict de-17
escalation techniques when necessary; and 18
WHEREAS, it is the responsibility of the Commonwealth to regulate bouncer 19
conduct by developing and implementing a standardized bouncer application, a bouncer 20
training and certification program, and a bouncer incident report log; 21
NOW, THEREFORE, 22
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 23
SECTION 1. A NEW SECTION OF KRS CHAPTER 244 IS CREATED TO 24
READ AS FOLLOWS: 25
As used in Sections 1 to 6 of this Act: 26
(1) "Accrual date" means the calendar date the board first documents the violations 27 UNOFFICIAL COPY 23 RS BR 8
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described in Section 6 of this Act; 1
(2) "Bouncer" means a person employed by a business for the sole purpose of 2
safeguarding the business premises and screening individuals entering the 3
premises for legal drinking age status, but whose responsibilities do not include 4
serving customers on the business's premises or overseeing the business 5
operations; 6
(3) "Business" means a business licensed to sell alcoholic beverages for on-premises 7
consumption that is: 8
(a) Primarily and customarily that of a bar that employs a bouncer; 9
(b) Quota retail drink license holder; and 10
(c) Not a: 11
1. Brewery; 12
2. Microbrewery; 13
3. Small farm winery; or 14
4. Distillery holding a Class A or Class B license; 15
(4) "Business's agent" means an employee of the business whose duties are not 16
those of the bouncer; 17
(5) "Certificate" or "certification" means the certificate issued to a bouncer upon 18
completion of the bouncer training program and passage of the subsequent 19
examination; 20
(6) "Criminal history" means an individual's convictions for a qualifying offense 21
under KRS 243.100 maintained by the Justice and Public Safety Cabinet; 22
(7) "Employer" means a person, business, corporation, partnership, or other private 23
entity using an off-duty law enforcement officer as a bouncer; 24
(8) "Law enforcement officer" means a member of a lawfully organized police unit 25
or police force of a county, city, or metropolitan government who is responsible 26
for the detection of crime and the enforcement of the general criminal laws of the 27 UNOFFICIAL COPY 23 RS BR 8
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state, as well as sheriffs, sworn deputy sheriffs, campus police officers, law 1
enforcement support personnel, public airport authority security officers, other 2
public peace officers responsible for law enforcement, state troopers, and special 3
local peace officers licensed pursuant to KRS 61.360; and 4
(9) "Training program" means the bouncer portion of the Server Training in 5
Alcohol Regulations (STAR) Program administered by the Department of 6
Alcoholic Beverage Control. 7
SECTION 2. A NEW SECTION OF KRS CHAPTER 244 IS CREATED TO 8
READ AS FOLLOWS: 9
A person shall obtain a certificate for the bouncer portion of the Server Training in 10
Alcohol Regulations (STAR) Program administered by the Department of Alcoholic 11
Beverage Control before obtaining employment as a bouncer. 12
SECTION 3. A NEW SECTION OF KRS CHAPTER 244 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) The Department of Alcoholic Beverage Control shall: 15
(a) Expand the Server Training in Alcohol Regulations (STAR) Program to 16
include a separate training program for individuals seeking bouncer 17
certification; and 18
(b) Prepare and disseminate information to advise businesses of the bouncer 19
application requirements and the bouncer training program developed 20
under this section. 21
(2) (a) The department shall develop the curriculum for the training program, 22
which shall include the following core components: 23
1. Interpersonal communication techniques; 24
2. De-escalation techniques to effectively and safely interact with all 25
individuals, including those that are under the influence of alcohol or 26
an illegal substance; 27 UNOFFICIAL COPY 23 RS BR 8
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3. Physical maneuvers that involve minimum application of physical 1
force and pose a low risk of bodily harm to another individual; 2
4. Emotional regulation techniques; 3
5. Personal mental health evaluation techniques; 4
6. Interpersonal communication techniques with individuals suffering 5
from behavioral and mental health disorders; and 6
7. First aid. 7
(b) The training program shall also include a separate curriculum for law 8
enforcement officers to teach the differences between enforcement authority 9
when working as an agent of a municipality, jurisdiction, or the 10
Commonwealth or a subdivision thereof and authority when working as a 11
bouncer for a private employer. 12
(c) The department shall develop the examination standards for the training 13
program and shall require each bouncer program participant to pass an 14
examination prior to awarding him or her a bouncer certificate or certifying 15
that his or her certificate is active and in good standing. 16
(d) The department shall annually audit the training program to verify the 17
training materials are up to date and the instructors are using the best 18
practices for the industry. 19
(3) (a) To implement the bouncer training program in accordance with subsection 20
(2) of this section, the department may contract with a school or trade 21
association whose members are businesses, but shall: 22
1. Provide the curriculum and training materials to the trade 23
association; 24
2. Provide a special training for the trainers to ensure consistency; and 25
3. Audit the training program on an annual basis for compliance with 26
the department's standards. 27 UNOFFICIAL COPY 23 RS BR 8
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(b) The school or trade association providing bouncer training shall: 1
1. Certify to the department the eligibility of individuals to receive their 2
bouncer certification after an individual successfully attends the 3
bouncer training program and passes the examination required by the 4
department; and 5
2. Be liable to the department for recommending individuals for bouncer 6
certification any individual who has not met the proper requirements. 7
(4) The bouncer certification shall: 8
(a) Follow the bouncer upon termination of employment with the business to 9
his or her subsequent place of employment. 10
(b) Expire after three (3) years from the issue date; and 11
(c) Be reissued to an individual who retakes and successfully completes the 12
bouncer training program and examination. 13
(5) An individual shall not act as a bouncer for a business without an active bouncer 14
certification in good standing. 15
(6) The department shall develop and maintain a website that: 16
(a) Provides a searchable registry of individuals with an active bouncer 17
certification in good standing in the bouncer incident report maintained 18
under Section 4 of this Act; and 19
(b) Is accessible in real time by individuals and businesses attempting to verify 20
a bouncer certification status. 21
(7) (a) When an individual applies for initial or reissued bouncer certification, 22
the department may ask the individual about his or her criminal history and 23
cross reference the applicant in the bouncer incident report log to determine 24
if he or she is in good standing. 25
(b) The department shall make an official determination of an individual's 26
eligibility for bouncer certification within seven (7) business days or issue 27 UNOFFICIAL COPY 23 RS BR 8
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notice to the individual as to why the department has not yet approved or 1
denied the bouncer certification. The department shall take no more than 2
fifteen (15) days to approve or deny an application for bouncer certification. 3
(c) Fees paid to the department as part of an application for certification shall 4
promptly be refunded to the applicant whose application for certification is 5
denied. 6
(8) The department shall promulgate and make publicly available administrative 7
regulations to implement this section and may establish fees in the administrative 8
regulations. 9
SECTION 4. A NEW SECTION OF KRS CHAPTER 244 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) The Department of Alcoholic Beverage Control shall collect and act as a 12
repository for complaints of bouncer misconduct and shall maintain a bouncer 13
incident report log. 14
(2) Entries into the bouncer incident report log shall document reports of bouncer 15
misconduct in which the bouncer knowingly causes serious physical injury to a 16
patron on the premises of the business. 17
(3) (a) Entries into the bouncer incident report log shall include the following 18
information for each incident: 19
1. The name of the: 20
a. Business; and 21
b. Bouncer or bouncers involved; 22
2. The date the incident occurred; and 23
3. The nature and description of the incident; and 24
(b) The department shall internally update the bouncer incident report log with 25
the following information if follow-up information regarding a logged 26
incident is submitted by the business: 27 UNOFFICIAL COPY 23 RS BR 8
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1. Any legal action brought against the business or bouncer by an 1
injured patron relating to the incident; and 2
2. The outcome of the incident, including any discipline or penalty 3
received by a bouncer, when made available. 4
(4) The department may investigate a bouncer after the bouncer is named in a 5
complaint made to the bouncer incident report log in accordance with the 6
department's enforcement division. 7
(5) The department shall promulgate and make publicly available administrative 8
regulations to implement this section, including: 9
(a) Appropriate format, storage, and maintenance of the bouncer incident 10
report log to ensure the log is accessible to businesses in real time; 11
(b) A real time verification process for an individual or business using the 12
department's website registry to cross reference a name against the bouncer 13
incident report log; 14
(c) A destruction process of any bouncer incident report log entry ten (10) years 15
after the original entry date; 16
(d) A process for a bouncer to dispute the complaint against him or her; and 17
(e) A process for the department to investigate a complaint against a bouncer 18
activities and determined whether the bouncer should remain in good 19
standing and if certification is still appropriate. 20
(6) The department shall issue notice to a bouncer if he or she is the subject of a 21
complaint made to the bouncer incident report log. The department shall 22
investigate the report of bouncer misconduct and make a determination as to 23
whether it should remain in the bouncer incident report log under the bouncer's 24
name. The department shall issue notice of its final decision to the bouncer and 25
the bouncer's current employer. 26
(7) If in the course of investigation, the department determines that a business is 27 UNOFFICIAL COPY 23 RS BR 8
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employing as a bouncer an individual who has not received bouncer certification 1
under Section 3 of this Act, the department may issue a notice of violation to the 2
business and determine whether the suspension or revocation of the business's 3
license is warranted under subsection (2) of Section 6 of this Act. 4
(8) Nothing in Section 1 to 6 of this Act shall be construed to require a business to 5
pay for a bouncer's certification. 6
SECTION 5. A NEW SECTION OF KRS CHAPTER 244 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) A business hiring a bouncer shall incorporate the following information into its 9
regular hiring practices: 10
(a) Optional disclosure by an applicant of his or her criminal history; 11
(b) A description of any previous workplace incidents involving the applicant 12
while employed as a bouncer and relating to the serious physical injury of a 13
patron during the applicant's performance of bouncer duties; 14
(c) A request for proof that the applicant's bouncer certification is in good 15
standing; and 16
(d) Disclosure of whether the bouncer has ever been the subject of a complaint 17
to the bouncer incident report log. 18
(2) If a bouncer engages in behavior described in subsection (2) of Section 4 of this 19
Act, a business or business's agent shall: 20
(a) File a report with the department within seven (7) calendar days of the 21
incident; and 22
(b) If the business retains the bouncer as an employee, require the bouncer to 23
complete the bouncer training program under Section 3 of this Act again 24
before continuing duties as a bouncer for the business. 25
SECTION 6. A NEW SECTION OF KRS CHAPTER 244 IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 23 RS BR 8
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(1) A licensee shall not: 1
(a) Permit a person to perform bouncer duties on the premises without an 2
active bouncer certificate issued under Section 3 of this Act in good 3
standing; and 4
(b) Fail to report incidents of bouncer misconduct to the department pursuant 5
to subsection (2) of Section 5 of this Act. 6
(2) Upon finding a violation of subsection (1) of this section, the board shall: 7
(a) Assess a penalty of not less than five hundred dollars ($500) against the 8
licensee if it is the licensee's first violation of this section; 9
(b) Assess a penalty of not less than one thousand dollars ($1,000) against the 10
licensee if it is the licensee's second violation of this section or the licensee 11
fails to correct the first violation within one (1) calendar year of the accrual 12
date; 13
(c) Suspend the licensee's license if it is the third violation of this section or if 14
the licensee fails to correct the first or second violation within two (2) 15
calendar years of the accrual date; or 16
(d) Revoke the licensee's license if it is the fourth violation of this section or the 17
licensee fails to correct any prior violation within three (3) years of the 18
accrual date. 19
(3) A violation shall remain on the licensee's record for no more than three (3) 20
calendar years from the accrual date. 21
(4) A licensee shall be entitled to a hearing under KRS 243.550 before the board 22
issues a determination to suspend or revoke the licensee's license pursuant to 23
subsection (2) of this section and Section 8 of this Act. 24
Section 7. KRS 244.120 is amended to read as follows: 25
(1) A retail licensee, a patron, or the licensee's agents, servants, or employees shall not 26
cause, suffer, or permit the licensed premises to be disorderly. 27 UNOFFICIAL COPY 23 RS BR 8
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(2) Acts which constitute disorderly premises consist of causing, suffering, or 1
permitting patrons, the licensee, or the licensee's servants, agents, or employees to 2
cause public inconvenience, annoyance, or alarm, or create a risk through: 3
(a) Engaging in fighting or in violent, tumultuous, or threatening behavior; 4
(b) Making unreasonable noise; 5
(c) Refusing to obey an official order to disperse issued to maintain public safety 6
in dangerous proximity to a fire, hazard, or other emergency; 7
(d) Creating a hazardous or physically offensive condition by any act that serves 8
no legitimate purpose; 9
(e) Creating a public nuisance; 10
(f) Engaging in criminal activity that would constitute a capital offense, felony, 11
or misdemeanor;[ or] 12
(g) Failing to maintain the minimum health, fire, safety, or sanitary standards 13
established by the state or a local government, or by state administrative 14
regulations, for the licensed premises; or 15
(h) Allowing a bouncer to consume alcohol during working hours or permitting 16
a bouncer to work under the influence of alcohol or an illegal substance. 17
For the purposes of this paragraph, "bouncer" has the same meaning as in 18
Section 1 of this Act. 19
Section 8. KRS 243.500 is amended to read as follows: 20
Any license may be revoked or suspended for the following causes: 21
(1) Conviction of the licensee or the licensee's agent, servant, or employee for selling 22
any illegal alcoholic beverages on the licensed premises;[.] 23
(2) Making any false, material statements in an application or renewal application for a 24
license or supplemental license;[.] 25
(3) Conviction of the licensee or any of the licensee's agents, servants, or employees of: 26
(a) Two (2) violations of the terms and provisions of KRS Chapters 241 to 244, 27 UNOFFICIAL COPY 23 RS BR 8
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or any act regulating the manufacture, sale, and transportation of alcoholic 1
beverages within two (2) consecutive years; 2
(b) Two (2) misdemeanors directly or indirectly attributable to the use of 3
alcoholic beverages within two (2 ) consecutive years; or 4
(c) Any felony;[.] 5
(4) Failure or default of a licensee to pay an excise tax or any part of the tax or any 6
penalties imposed by or under the provisions of any statutes, ordinances, or Acts of 7
Congress relative to taxation, or for a violation of any related administrative 8
regulations promulgated by the Department of Revenue;[.] 9
(5) Revocation of any license or permit provided in KRS 243.060, 243.070, 243.600, 10
and 243.610, or granted under any Act of Congress relative to the regulation of the 11
manufacture, sale, and transportation of alcoholic beverages;[.] 12
(6) Setting up, conducting, operating, or keeping, on the licensed premises, any 13
gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or 14
facility for betting or transmitting bets on horse races; or permitting to be set up, 15
conducted, operated, kept, or engaged in, on the licensed premises, any gambling 16
game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility. 17
This subsection shall not apply to: 18
(a) The sale of lottery tickets sold under the provisions of KRS Chapter 154A; 19
(b) The operation of a pari-mutuel system for betting, where authorized by law; 20
(c) The conduct of charitable gaming by a charitable organization licensed or 21
permitted under KRS Chapter 238; or 22
(d) Special temporary raffles of alcoholic beverages under KRS 243.036;[.] 23
(7) Conviction of the licensee, the licensee's agents, servants, or employees for: 24
(a) The trafficking or possession upon the licensed premises of controlled or 25
illegal substances described in KRS Chapter 218A, including synthetic drugs; 26
(b) Knowingly permitting the trafficking or possession by patrons upon the 27 UNOFFICIAL COPY 23 RS BR 8
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licensed premises of controlled or illegal substances described in KRS 1
Chapter 218A, including synthetic drugs; or 2
(c) Knowingly receiving stolen property upon the licensed premises;[.] 3
(8) Failure to comply with the terms of a final order of the board; or 4
(9) Failure to correct violations pursuant to Section 6 of this Act. 5
Section 9. This Act shall be known as Christopher's Law. 6
Section 10. This Act takes effect January 1, 2024. 7