OAG 81-195 | KOGC

Request By:

Hon. Truman L. Dehner
Commonwealth Attorney
21st Judicial District
120 Normal Avenue
Morehead, Kentucky 40351

Opinion

Opinion By: Steven L. Beshear, Attorney General; By: Richard O. Wyatt, Assistant Attorney General

Please reference your letter to this Office dated December 30, 1980, regarding the legality of a "dancehall-type establishment" in a dry territory allowing its customers to bring alcoholic beverages onto the premises and purchase "setuns" and ice for consumption of the alcohol at said premises.

This issue has been previously addressed by this Office in OAG 63-945, 69-336, and 74-313. Copies of these opinions are enclosed for easy reference. Our position prevously stated is here reaffirmed:

The situation which you described does not, on its face, violate any statute. It should be noted, however, that the purchase, possession, and use must be completely personal. The business establishment could sell sodas, water, ice, etc., but it could not provide a bartender or "mixing services."

We trust this information is helpful.

LLM Summary

In OAG 81-195, the Attorney General reaffirms a previous position regarding the legality of a dancehall-type establishment in a dry territory allowing customers to bring alcoholic beverages onto the premises and purchase items like set-ups and ice for consumption. The opinion references earlier opinions (including OAG 63-945) to show that this interpretation has been consistent over time. The decision clarifies that such activities do not violate any statutes as long as the purchase, possession, and use of the alcohol are completely personal and the establishment does not provide bartending or mixing services.

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