TECHNICAL AMENDMENT

August 9, 2007

804 KAR 4:260. Horse race track license.

      RELATES TO: KRS 243.030(32), 243.040(15), 243.090

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.030(32) 243.040(15) authorize the Alcoholic Beverage Control Board to issue a horse race track license for distilled spirits and wine and malt beverages. This administrative regulation establishes a special license for horse race tracks designed to license the retail sale of distilled spirits, wine and malt beverages.

      Section 1. A horse race track license may be issued for the retail sale of distilled spirits, wine and malt beverages for consumption on the premises of any horse race track licensed by the appropriate licensing authority of the Commonwealth of Kentucky.

      Section 2. This license shall license all alcoholic beverage sales on the premises, with the exception that a separate private club license may be issued to a portion of the licensed premises set aside for that purpose and meeting the qualifications of KRS 243.270.

      Section 3. The issuance of this license shall be at the discretion of the Distilled Spirits Administrator and the Malt Beverage Administrator.

      Section 4. The licenses issued pursuant to this administrative regulation shall be nonquota licenses and shall not be transferable to other premises.

      Section 5. Except as provided hereunder, licenses issued under this administrative regulation shall be governed by all the statutes and regulations governing the retail sale of distilled spirits and wine by the drink and the retail sale of malt beverages. 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 drink and regular malt beverage licenses.

      Section 6. The licensee fee for the horse race track license appears in KRS 243.030(32), 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 243.090 of each year. (11 Ky.R. 675; eff. 11-13-84; 30 Ky.R. 1095; 1512; eff. 1-5-2004.)