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Thread: Need Clarification on the restaurant issue..

  1. #1
    Regular Member Undertaker's Avatar
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    Need Clarification on the restaurant issue..

    I believe I understand the law regarding carrying in a restaurant that serves alcohol ie: Ruby Tuesdays, Texas Roadhouse, Applebees, Outback, ect. OPEN CARRY IS LEGAL IF I DON'T SIT IN THE BAR AREA (in most of these places Bar area is plainly evident). Please enlighten me on a restaurant such as Moe's Southwest Grill. There is no defined Bar area yet it's a family restaurant that one can grab only a BEER (no other alcoholic drink) and sit anywhere.

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    Regular Member hotrod's Avatar
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    Sitting in the bar area

    This has been written, argued and batted around numerous times. I say in accordance with the KRS you can sit anywhere (including the bar area) as long as the restuarant obtains 50% or more of its income from food. Search the previous post on the subject and you will find your fill of possibilities.

  3. #3
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    Quote Originally Posted by hotrod View Post
    This has been written, argued and batted around numerous times. I say in accordance with the KRS you can sit anywhere (including the bar area) as long as the restuarant obtains 50% or more of its income from food. Search the previous post on the subject and you will find your fill of possibilities.
    I agree with this. If a restaurant serves alcohol, it serves alcohol in the entire building. The "bar area" is no more a bar then the rest of the facility.

    The only way I think that this could differ is if the bar area is actually sectioned off and the restaurant part closes at a certain hour, but then the entire establishment would be defined as a bar.

  4. #4
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    Bar Area

    Alright guys, here's what I found:
    KRS 237.110
    16 - [prohibited areas]
    (e) - Any portion of an establishment licensed to dispense beer or alcoholic beverage for consumption on the premise, which portion of the establishment is primarily devoted to that purpose;

    So, I take this to mean the key word here is 'primary'. If it's a restaurant that serves beer and or alcohol, then the 'primary' drinking area would be arount the bar? So in my county (Boyd) the restaurant has to serve X amount of food in order to serve beer/alcohol, so I'm ok if I'm not sitting at the bar? Am I wrong?

  5. #5
    Regular Member hotrod's Avatar
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    KRS 244.125 (3) Prohibition against possession of loaded firearm in a room where.....

    244.125 Prohibition against possession of loaded firearm in room where alcoholic beverages are being sold by the drink.
    (1) Except as provided in subsection (3) of this section, no person shall be in possession of a loaded, as defined in KRS 237.060, firearm while actually within the room where alcoholic beverages are being sold by the drink of a building on premises licensed to sell distilled spirits and wine at retail by the drink for consumption on the licensed premises pursuant to KRS Chapter 243.
    (2) This section shall not apply to the owner manager, or employee of licensed premises, law enforcement officers, or special local peace officers commissioned pursuant to KRS 61.360.
    (3) This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives at least fifty percent (50%) of its gross annual income from the dining facilities by the sale of food.
    (4) Nothing in this section shall be construed as permitting the carrying of a concealed deadly weapon in violation of KRS 527.020.
    (5) Any firearm possessed in violation of this section shall be subject to forfeiture and shall be disposed of pursuant to KRS 237.090.
    Effective: October 1, 1996
    History: Amended 1996 Ky. Acts ch. 119, sec. 2, effective October 1, 1996. -- Created 1994 Ky. Acts ch. 396, sec. 6, effective July 15, 1994.
    Last edited by hotrod; 07-07-2010 at 11:59 PM.

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    (3) This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives at least fifty percent (50%) of its gross annual income from the dining facilities by the sale of food.

    Thanks for your help Hotrod, it appears i'll have to start counting seats from now on.

  7. #7
    Regular Member hotrod's Avatar
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    Restuarants are required to post maximum capacity signs. As long as it says 50 or more, you're cool. It doesn't say it has to have 50 chairs, just the ability to serve 50, as I define it.

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    I am with Hotrod on this one. I don't hesitate to carry in the bar area of Applebees or similar places since those areas are very often used as overflow seating during busy mealtimes. I would be reluctant to sit at the bar however.
    Last edited by GROGERS; 07-09-2010 at 03:05 PM.

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