PUBLIC PROTECTION CABINET

Department of Alcoholic Beverage Control

(As Amended at ARRS, August 14, 2017)

 

      804 KAR 4:230. Extended hours supplemental licenses.

 

      RELATES TO: KRS 243.030(16), 243.042, 243.050, 243.082, 244.290, 244.480

      STATUTORY AUTHORITY: KRS 241.060, 243.050

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 243.050 authorizes the board to establish alcoholic beverage sales days and times for holders of extended hours supplemental licenses[establishes the extended hours supplemental license and authorizes the board] by administrative regulation[to set the necessary conditions and restrictions upon this class of license]. This administrative regulation establishes the alcoholic beverage sales days and times for holders of extended hours supplemental licenses[conditions and restrictions for extended hours supplemental licenses].

 

      Section 1.[Definition. "Prevailing time" means those opening and closing hours applicable to the standard retail license or licenses held by the facility making application for the Extended Hours Supplemental License.

 

      Section 2. This administrative regulation establishes an] Extended Hours Supplemental License Sales Times. A licensee holding an Extended Hours Supplemental License (ESL) may[is authorized to] engage in[for] the retail sale of alcoholic beverages at the times and days set forth in subsections (1) and (2) of this section[, distilled spirits, wine, and malt beverages by the drink]. (1)[A convention center holding a] Nonquota type 1 licensees and qualified historical site licensees may sell alcoholic beverages each day of the week between 6:00 a.m. and midnight[license, pursuant to KRS 243.082, shall have hours of operation of prevailing time Monday through Saturday, and Sundays 1 p.m. until prevailing time for weekday closing].

      (2)[A horse racetrack holding a nonquota type 1 license, pursuant to KRS 243.082, shall have hours of operation of prevailing time Monday through Saturday, and Sundays 1 p.m. until prevailing time for weekday closing.

      (3) An automobile racetrack holding a nonquota type 1 license, pursuant to KRS 243.082, shall have hours of operation of prevailing time Monday through Saturday, and Sunday 1 p.m. until prevailing time for weekday closing.

      (4) A railroad system holding a nonquota type 1 license, pursuant to KRS 243.082, shall have hours of operation of prevailing time for Monday through Saturday, and Sunday 1 p.m. until prevailing time for weekday closing.

      (5) A state park holding a nonquota type 1 license, pursuant to KRS 243.082, shall have hours of operation of prevailing time Monday through Saturday, and Sunday 1 p.m. until prevailing time for weekday closing.

      (6)] A commercial airlines system or charter flight system holding a nonquota type 1 license, or a retail licensee located within a commercial airport, may sell alcoholic beverages during the twenty-four (24) hours of every day[pursuant to KRS 243.082, shall have hours of operation of prevailing time Monday through Saturday, and Sunday 1 p.m. to 4 a.m.

      (7) A licensee holding a retail drink license pursuant to KRS Chapter 243 located within a commercial airport shall have hours of operation of prevailing time Monday through Saturday, and Sunday 1 p.m. to 4 a.m.

      (8) A qualified historical site licensee holding an extended hours supplemental license shall have hours of operation of prevailing time Monday through Saturday, and Sunday 1 p.m. until prevailing time for weekday closing.

 

      Section 3. The supplemental licenses may be issued by the distilled spirits administrator and malt beverage administrator who, pursuant to KRS 243.050, shall consider whether or not the issuance of the license is in the best interest of promoting tourism, conventions, or the economic development of Kentucky, or any part thereof].

 

CHRISTINE TROUT, Commissioner

DAVID A. DICKERSON, Secretary

      APPROVED BY AGENCY: May 12, 2017

      FILED WITH LRC: May 15, 2017 at 10 a.m.

      CONTACT PERSON: Heather Mercadante, Executive Advisor, Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, phone (502) 564-4850, fax (502) 564-7479, email Heather.Mercadante@ky.gov.