TECHNICAL AMENDMENT

August 9, 2007

804 KAR 4:220. Riverboats.

      RELATES TO: KRS 243.030(35), 243.090, 244.290

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.030(35) and 243.040(15) authorize the Alcoholic Beverage Control Board to issue a riverboat license for malt beverages and distilled spirits and wine. This administrative regulation establishes a riverboat license to permit the retail sale of malt beverages, distilled spirits and wine by the drink for consumption on the licensed vessel.

      Section 1. Subject to the conditions set forth in this administrative regulation, a special license may be issued for the retail sale of distilled spirits, wine and malt beverages for consumption on the premises of any boat, or other vessel licensed by the United States Coast Guard to carry 100 or more passengers for hire on navigable waters in or adjacent to this state.

      Section 2. (1) Each boat or vessel shall have a regular place of mooring in a county of this state in which the sale of distilled spirits by the drink is legal.

      (2) A boat or vessel which would otherwise qualify for a special license under the provisions of this administrative regulation, except which has a regular place of mooring outside this state, may be licensed if the boat has an alternative regular place of mooring that qualifies under subsection (1) of this section.

      Section 3. The license fee for this special riverboat license appears in KRS 243.030(35) per annum, and the fee shall be prorated as set forth in KRS 243.090(2). The licenses shall expire on the last day of a month assigned to the licensee by the office[department] under KRS 23.090.

      Section 4. The issuance of this license shall be at the discretion of the Distilled Spirits Administrator and the Malt Beverage Administrator.

      Section 5. The licenses issued pursuant to this administrative regulation shall be nonquota licenses and shall not be transferable to other premises.

      Section 6. Any time a boat or vessel licensed under the provisions of this administrative regulation moors or makes landfall in a location other than its regular place of mooring, or alternate place of mooring as provided for by Section 2 of this administrative regulation, all alcoholic beverages shall be kept locked pursuant to the requirements of KRS 244.290 and 804 KAR 7:030.

      Section 7. A boat or vessel licensed under the provisions of this administrative regulation shall not take on or discharge passengers when mooring or making landfall in dry option territory.

      Section 8. Except as provided herein, licenses issued under this administrative regulation shall be governed by all the statutes and administrative regulations governing licensed premises in the regular place of mooring or alternative place of mooring as contained in Section 2 of this administrative regulation.

      Section 9. Proceedings relative to application, renewal, suspension or revocation of these licenses, pursuant to KRS Chapter 13B shall be conducted in the same manner and extent as regular retail drink and retail malt beverage licenses. (8 Ky.R. 215; Am. 768; eff. 1-6-82; 30 Ky.R. 1091; 1510; eff. 1-5-2004.)