804 KAR 4:250. Special temporary licenses.

 

      RELATES TO: KRS 243.260

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.260 provides for the issuance of a special temporary license in wet territory to any regularly organized fair, exposition, racing association, or other party, when, in the opinion of the board a necessity therefore exists. This administrative regulation establishes application procedures and requirements for special temporary licenses.

 

      Section 1. Definition. "Organized civic or community-sponsored event" means a public gathering of broad appeal where citizens are invited and encouraged to attend without significant cost of admission that is sponsored or acknowledged by the city or county government in which the event is conducted, including any convention, conference, celebration, pageant, parade, festival, fair, public display, commemoration, or other type of public assemblage conducted for the benefit and enjoyment of the general public.

 

      Section 2. An application for a special temporary license pursuant to KRS 243.260 shall be on a Special Temporary License Application form incorporated by reference in 804 KAR 4:410. The applicant shall complete and submit the form to the Department of Alcoholic Beverage Control no later than five (5) working days prior to the date for which the license is requested.

 

      Section 3. An applicant for a special temporary license pursuant to KRS 243.260 shall provide by a sworn affidavit supplemental information as the board shall deem necessary for proper review of the application.

 

      Section 4. For purposes of the issuance of special temporary licenses pursuant to KRS 243.260 necessity, in the opinion of the board, shall limit applicants to:

      (1) A regularly organized fair, exposition, racing association, nonprofit organization, or political campaign function; or

      (2) A for-profit individual, corporation, or organization if the license will be used in conjunction with an organized civic or community sponsored event.

 

      Section 5. An application by for-profit individual, corporate, or organizational applicants for a temporary license in conjunction with an organized civic or community sponsored event shall submit written or documentary evidence of the civic nature of the event, including promotional materials or news articles evidencing the local government’s knowledge of, and support for, the event for which the applicant seeks a temporary license. (11 Ky.R. 360; eff. 9-11-84; Am. 1893; eff. 8-13-85; 17 Ky.R. 1861; 2193; eff. 12-14-90; 30 Ky.R. 1094; 1512; eff. 1-5-2004; 33 Ky.R. 1150; 1534; eff. 1-5-07; 40 Ky.R. 168; 546; eff. 10-4-2013 .)