804 KAR 4:230. Extended hours supplemental licenses.

 

      RELATES TO: KRS 243.030(31), 243.050

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.050(5) establishes a new class of supplemental liquor licenses and authorizes the board by administrative regulation to set the necessary conditions and restrictions upon this class of license. This administrative regulation establishes the 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 for the retail sale of alcoholic beverages, distilled spirits, wine, and malt beverages by the drink. This license is divided into four (4) categories:

      (1) The Convention Center Extended Hours Supplemental License;

      (2) The Horse Race Track Extended Hours Supplemental License;

      (3) The Commercial Airport Extended Hours Supplemental License; and

      (4) The Automobile Race Track Extended Hours Supplemental License.

 

      Section 3. The supplemental licenses may be issued by the Distilled Spirits Administrator and Malt Beverage Administrator who, pursuant to KRS 243.050(5), 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.

 

      Section 4. (1) The Convention Center Extended Hours Supplemental License may be issued to any facility which holds a convention center or convention hotel complex license pursuant to KRS 243.050(4). The hours of operation under this license shall be prevailing time Monday through Saturday, and Sundays 1 p.m. until prevailing time for weekday closing.

      (2) The Horse Race Track Extended Hours Supplemental License may be issued to any horse race track licensed to conduct a race meeting under KRS Chapter 230 and which is the holder of a license authorizing the sale of distilled spirits and wine by the drink at retail. The hours of operation under this license shall be prevailing time Monday through Saturday, and Sundays 1 p.m. until prevailing time for weekday closing.

      (3) The Commercial Airport Extended Hours Supplemental License may be issued to any commercial airport through which 500,000 or more passengers arrive or depart annually and which holds a license authorizing the sale of distilled spirits and wine by the drink at retail. The hours of operation under this license shall be Monday through Saturday, prevailing opening time until 4 a.m., and Sundays, 1 p.m. until 4 a.m.

      (4) The Automobile Race Track Extended Hours Supplemental License may be issued to any facility which holds an automobile race track license pursuant to the provisions of KRS 243.050(5) and has a seating capacity of at least 30,000 people. The hours of operation under this license shall be prevailing time for Monday through Saturday and Sunday 1 p.m. until prevailing time for weekday closing.

 

      Section 5. An Extended Hours Supplemental License shall not be issued to any applicant that does not hold one (1) or more licenses authorizing the retail sale of distilled spirits and wine by the drink.

 

      Section 6. Only one (1) Extended Hours Supplemental License shall be required for each licensed premises.

 

      Section 7. The annual fee for the Extended Hours Supplemental License appears in KRS 243.030(30) and shall be in addition to all other licenses and license fees due by the holder in connection with the retailing of alcoholic beverages.

 

      Section 8. The holder of an Extended Hours Supplemental License may be required, from time to time, to furnish the administrators information as requested indicating continued qualification to hold the Extended Hours Supplemental License.

 

      Section 9. Each applicant for an extended hours supplemental license shall complete and submit to the Office of Alcoholic Beverage Control the "ABC Basic" application incorporated by reference in 804 KAR 4:400 and the "Schedule 'X' Airport, Convention Center, Convention Hotel Complex, Automobile Race Track, Horse Race Track, Entertainment Destination Center License" form as set forth in 804 KAR 4:410. (9 Ky.R. 297; eff. 9-8-82; 30 Ky.R. 1092; 1511; eff. 1-5-2004; 33 Ky.R. 1147; 1532; eff. 1-5-07.)