prosecution for selling to a minor. A retail licensee, or the licensee's agent, servant, or employee, shall not sell, give away, or deliver any alcoholic beverages or cannabis-infused beverages, or procure or permit any alcoholic beverages or cannabis-infused beverages to be sold, given away, possessed by, or delivered to:
(1) A minor, except that in any prosecution for selling alcoholic beverages or cannabis- infused beverages to a minor it shall be an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that the purchaser's age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that the purchaser was of legal age to purchase alcoholic beverages or cannabis-infused beverages. This evidence may be introduced either in mitigation of the charge or as a defense to the charge itself; or
(2) A person who appears to a reasonable person to be actually or apparently under the influence of alcoholic beverages, cannabis-infused beverages, controlled substances, other intoxicating substances, or any of these substances in combination, to the degree that the person may endanger any person or property, or unreasonably annoy persons in the vicinity. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 27, effective March 25, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 91, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 66, sec. 1, effective June 25, 2009. -- Amended 1998 Ky. Acts ch. 522, sec. 17, effective July 15, 1998. -- Amended 1972 Ky. Acts ch. 286, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-181.
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1943–2024 · leading case:
Isaacs v. Smith, 5 S.W.3d 500 (Ky. 1999).
Isaacs v. Smith, 5 S.W.3d 500 (Ky. 1999).
· cites it 15× “The Court of Appeals reversed, citing KRS 244.080 [1] and holding it "broad enough to encompass other types of injuries resulting from a violation of the statute.”
Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004).
· cites it 16× “3d 353 (1999), this Court construed KRS 244.080 as being broad enough to include employees of licensees within its purview by holding "retail licensees" criminally responsible for selling alcohol to minors, we should now subject employees to civil fines levied by the local ABC…”
Commonwealth v. White, 3 S.W.3d 353 (Ky. 1999).
· cites it 10× “The question to be answered here is which statute, KRS 244.080, or KRS 530.070 should be used to prosecute employees of retail licensees for selling alcoholic beverages to minors.”
Grand Aerie Fraternal Order of Eagles v. Carneyhan, 169 S.W.3d 840 (Ky. 2005).
· cites it 2× “Defendants served alcoholic beverages to Plaintiffs' decedent, Jamie Lee Carneyhan, who was under the legal drinking age of twenty-one (21) years old in violation of KRS 244.080(1). Defendants continued to serve alcoholic beverages to Plaintiffs' decedent, Jamie Lee Carneyhan,…”
Pike v. George, 434 S.W.2d 626 (Ky. Ct. App. 1968).
· cites it 4× “Salem George was the licensee, and that they “wilfully and maliciously, in violation of KRS 244.080, sold and delivered *627 a one-fifth-gallon of intoxicating liquor to three persons under 21 years of age, namely, Reginald Owen Pike, Jeffrey Allen, and Mike Hazel.”
Watts Ex Rel. Watts v. K, S & H, 957 S.W.2d 233 (Ky. 1997).
· cites it 4× “[T]his statute [KRS 244.080] identifies a standard of care imposed upon commercial vendors for the protection of the public, which includes both the consumer and third parties, when the factual circumstances are such that the vendor should reasonably foresee what might result.”
Centre Coll. v. Trzop, 127 S.W.3d 562 (Ky. 2004).
· cites it 2× “Furthermore, Grayson involved the violation of a statute, KRS 244.080, not an administrative regulation.”
Priest v. Black Cat, Inc., 74 S.W.3d 769 (Ky. Ct. App. 2001).
· cites it 10× “In Pike, three minors purchased liquor from a retail liquor store in violation of KRS 244.080. Pike was injured when he wrecked his vehicle after consuming the alcohol.”
Howard v. Kentucky Alcoholic Beverage Control Bd., 172 S.W.2d 46 (Ky. Ct. App. 1943).
· cites it 4× “On November 21, 1942 you violated section 244.080 of the Kentucky Revised Statutes by selling, giving away, or delivering alcoholic beverages, or permitting alcoholic beverages to be delivered, given away, or sold to a minor.”
DeStock 14, Inc. v. Logsdon, 993 S.W.2d 952 (Ky. 1999).
“[Wjhere there is evidence from which it can be reasonably inferred that the tavern keeper knows or should know that he is serving “a person actually or apparently under the influence of alcoholic beverages (KRS 244.080(2))” and that there is a reasonable likelihood that upon…”
Carruthers v. Edwards, 395 S.W.3d 488 (Ky. Ct. App. 2012).
“Such facts are nowhere stated; conclusory reference is simply made that Foolish Heart violated KRS 244.080(4) which prohibits serving alcoholic beverages to persons having been so convicted.”
— Ky. Rev. Stat. § 244.080(1) — 5 cases
Grand Aerie Fraternal Order of Eagles v. Carneyhan, 169 S.W.3d 840 (Ky. 2005).
“Defendants served alcoholic beverages to Plaintiffs' decedent, Jamie Lee Carneyhan, who was under the legal drinking age of twenty-one (21) years old in violation of KRS 244.080(1). Defendants continued to serve alcoholic beverages to Plaintiffs' decedent, Jamie Lee Carneyhan,…”
Watts Ex Rel. Watts v. K, S & H, 957 S.W.2d 233 (Ky. 1997).
“[T]his statute [KRS 244.080] identifies a standard of care imposed upon commercial vendors for the protection of the public, which includes both the consumer and third parties, when the factual circumstances are such that the vendor should reasonably foresee what might result.”
— Ky. Rev. Stat. § 244.080(2) — 7 cases
DeStock 14, Inc. v. Logsdon, 993 S.W.2d 952 (Ky. 1999).
“[Wjhere there is evidence from which it can be reasonably inferred that the tavern keeper knows or should know that he is serving “a person actually or apparently under the influence of alcoholic beverages (KRS 244.080(2))” and that there is a reasonable likelihood that upon…”
Priest v. Black Cat, Inc., 74 S.W.3d 769 (Ky. Ct. App. 2001).
“In Pike, three minors purchased liquor from a retail liquor store in violation of KRS 244.080. Pike was injured when he wrecked his vehicle after consuming the alcohol.”
— Ky. Rev. Stat. § 244.080(4) — 1 case
Carruthers v. Edwards, 395 S.W.3d 488 (Ky. Ct. App. 2012).
“Such facts are nowhere stated; conclusory reference is simply made that Foolish Heart violated KRS 244.080(4) which prohibits serving alcoholic beverages to persons having been so convicted.”
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