# KRS § 244.080: 244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.080

## Section

- **Citation:** KRS § 244.080
- **Heading:** 244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XX / Chapter 244 / Section 244.080

## Text

244.080 Retail sales to certain persons prohibited -- Affirmative defense in

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.

## Nearby sections

- [KRS § 244.010 244.010 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.010.md)
- [KRS § 244.030 244.030 Soliciting orders -- When prohibited](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.030.md)
- [KRS § 244.040 244.040 Sales for cash only](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.040.md)
- [KRS § 244.050 244.050 "Treating" prohibited -- Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.050.md)
- [KRS § 244.060 244.060 Licensee to purchase from and sell only to persons authorized to sell or purchase](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.060.md)
- [KRS § 244.080 244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.080.md)
- [KRS § 244.083 244.083 Licensee to display notice as to sale to minors](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.083.md)
- [KRS § 244.085 244.085 Minors not to possess or purchase liquor nor to misrepresent age -- Use of fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.085.md)
- [KRS § 244.090 244.090 Persons whom licensees may not employ -- Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.090.md)
- [KRS § 244.105 244.105 Gift card for alcoholic beverages to be redeemed only by persons 21 and older](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.105.md)
- [KRS § 244.110 244.110 Retail premises to furnish clear view from sidewalk or entrance](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.110.md)
- [KRS § 244.120 244.120 Retail premises not to be disorderly -- Acts constituting disorderly behavior](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.120.md)
- [KRS § 244.125 244.125 Prohibition against possession of loaded firearm in room where alcoholic beverages are being sold by the drink](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.125.md)
- [KRS § 244.130 244.130 Advertising to comply with regulations of board -- Types of advertising not prohibited](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.130.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXX_C244_S244.080. Check the current official text before relying on it. Not legal advice.