244.080 Retail sales to certain persons prohibited -- Affirmative defense in
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/ky/244-080A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.