303 KAR 1:041. Certain objects and attire prohibited on premises.

      RELATES TO: KRS 247.145

      STATUTORY AUTHORITY: KRS 247.145

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to adopt reasonable administrative  regulations necessary to maintain decency and good order, to protect the peace or safety of the general public, or to protect the public interest, convenience or necessity. The purposes of this administrative regulation are to protect the peace and safety of the general public by prohibiting the bringing of dangerous weapons and certain objects that can be used as missiles into building owned or operated by the Kentucky State Fair Board, and by prohibiting the throwing of such objects in such places; and to maintain decency and good order and protect the public interest, convenience and necessity and safety by requiring proper attire.

      Section 1. No person not wearing proper attire, consisting of upper and lower torso clothing and shoes, shall enter or remain in any building or stadium owned or operated by the Kentucky State Fair Board.

      Section 2. No person, except with authorization or permission of the Kentucky State Fair Board, shall throw or otherwise cause to be propelled through the air, at any place on any grounds or in any building or stadium owned or operated by the Kentucky State Fair Board, any object of any kind.

      Section 3. No person is licensed to enter or remain in any building or stadium owned or operated by the Kentucky State Fair Board while in possession of a firearm or other deadly weapon (as defined in KRS 500.080(4)), regardless of whether such person would be licensed to enter such building if he did not possess such firearm, provided that this section shall not apply to a peace officer who is permitted by law to carry such weapon concealed or who is carrying such a weapon in the line of duty.

      Section 4. No person, except with specific permission from the Kentucky State Fair Board, shall bring any liquid or beverage container, firearm, deadly weapon as defined in KRS 500.080(4), incendiary material, dangerous instrument (meaning any instrument, article or substance which is readily capable of being used to cause death or serious physical injury if thrown, slung, or swung in a public gathering), sound recorder, or professional moving camera into any building or stadium owned or operated by the Kentucky State Fair Board.

      Section 5. Any person entering any building or stadium owned or operated by the Kentucky State Fair Board may be requested to consent to and authorize the Kentucky State Fair Board or its agents to conduct a reasonable search of his person, parcels or handbags to determine whether such person has in his possession any item prohibited under Section 4 of this administrative regulation. The Kentucky State Fair Board reserves the right to refuse admission to any person refusing or resisting such a search, but will refund to any such person refused admittance the purchase price of any valid admission ticket presented by him. the prohibition against bringing or transporting liquid or beverage containers shall not apply to persons bringing or transporting such for delivery to a lawful concession located in a building or stadium owned or operated by the Kentucky State Fair Board. The search authorized by this section will be conducted in a manner consistent with the following policy on inspections:

      (1) The entire text of this administrative regulation will be posted at three (3) prominent locations as required by KRS 247.145.

      (2) The following statement will be printed on the back of all tickets to events at which inspections will be conducted: "In the interest of public safety, admission is subject to the following:

      "(a) No alcoholic beverages, firearm, deadly weapon, liquid or beverage container, incendiary material or dangerous instrument, is allowed in any building or stadium."

      "(b) Presenting ticket is consent to reasonable inspection of patron's person, parcels and handbags for prohibited items. Inspection may be refused by patron. Patrons refusing inspection will not be admitted but the initial ticket purchase price paid will be refunded. Prohibited items may be seized and/or destroyed."

      (3) At all events at which inspections are to be made, large signs prominently displaying the statements set out in subsection (2) of this administrative regulation will be posted in front of or at all entrances in such a manner as to be easily visible to and noticeable and readable by patrons before they reach the controlled entry points, except that on these signs the first sentence of subsection (2)(b) of this section will read: "Movement beyond this point requires consent to reasonable inspection of patron's person, parcels and handbags for prohibited items." (As used in this policy, "controlled entry points" means the places at or near the entrances to the building or stadium where turnstiles and ticket-takers are normally located when tickets are required. Inspectors will be located at these points even if tickets are not required for the event.)

      (4) Signs stating the inspection policy set out in subsection (2) of this section will also be placed at the normal ticket offices and outlets for facilities operated by the Kentucky State Fair Board.

      (5) During the time when patrons are being admitted to an event at a facility with a public address system reaching this area, the following statements will be broadcast frequently over the public address system reaching the area in front of the controlled entry points of that facility: "No alcoholic beverage, firearm, deadly weapon, liquid or beverage container, incendiary material or dangerous instrument, is allowed in any building or stadium. Patrons must consent to reasonable inspection for prohibited items in order to be admitted. Patrons exercising their right to refuse inspection will receive a refund of initial ticket price paid. Patrons having large pockets or packages, bags or purses which could conceal a prohibited item should return them to their cars to avoid having them inspected. Prohibited items may be seized and/or destroyed."

      (6) All patrons entering the building or stadium will be subjected to inspection by consent in the following manner:

      (a) Inspection will be conducted by agents or employees of the lessee and/or the Fair Board and only at controlled entry points.

      (b) Inspectors will avoid any physical contact with patrons and will not pat-down or frisk patrons in conducting the inspection.

      (c) The inspector will call the attention of each patron carrying or wearing a coat, clothes, handbag, sack, bag or other container or package, which is large enough to contain a beverage bottle to a sign standing right by him which will read in large letters: "You may avoid inspection by not entering this building" and will ask the patron to consent to inspection of his item by the following language: "May I inspect your _____?"

      (d) When a patron consents to inspection as requested, he will be asked to open his coat and identify any obvious bulges, to open any handbag or other parcel and to raise any oversized pants leg over the ankle. The inspector will ordinarily concentrate on looking for liquid or beverage containers but will not ignore any prohibited item viewed.

      (e) If a patron refuses inspection, the inspector will deny him admission into the building or stadium and, at ticketed events, will call a supervisor or security guard to accompany him to a ticket window where the initial purchase price of the ticket will be refunded.

      (7) If a prohibited item is observed on visual observation or consented inspection:

      (a) The inspector will request the patron to dispose of alcoholic beverages and liquid or beverage containers in a nearby trash barrel and to hand over other prohibited items. Inspectors will not forcibly grab items from patrons.

      (b) If the patron does not comply with the request, the inspector will refuse admission to him and, at ticketed events, summon a supervisor or security guard to accompany the patron to a ticket window where the initial purchase price of the ticket will be refunded.

      (c) Prohibited items received will be handled as follows:

      1. The liquid or beverage containers in the trash barrels will be disposed of as garbage by the Fair Board. They will not be returned to the patrons.

      2. Other prohibited items will be sent to the office for safe keeping and will be returned to the patron-owner if he stops by the office to pick them up on leaving the facility after the event is over for the day.

      (8) Inspectors are reminded that the purpose of the inspection is to safeguard all patrons of the event and not to gather evidence to arrest or prosecute patrons. Inspectors should conduct themselves accordingly.

      (9) Inspectors are reminded that the prohibition against the carrying of firearms and other deadly weapons does not apply to a peace officer who is permitted by law to carry such weapon concealed or who is carrying such weapon in the line of duty. Carrying in "line of duty" includes carrying on off-duty time required of an officer by police department administrative regulations. Officers must show some official badge or identification. (4 Ky.R. 246; Am. 347; eff. 4-5-78.)