Title 303 KAR — Tourism, Arts and Heritage Cabinet - Kentucky State Fair Board

Chapter 1 Tourism, Arts and Heritage Cabinet - Kentucky State Fair Board

303 KAR 1:005 Vehicle speed {#sec-303-kar-1-005 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:005}

Section 1. An operator of a vehicle within the Kentucky State Fair Grounds shall not drive at a greater speed than:

(1) Fifteen (15) miles per hour at any time during the period in which the annual Kentucky State Fair is in progress; and

(2) Twenty-five (25) miles per hour at any other time.

History

• RELATES TO: KRS 247.145, 247.153, 247.154
• STATUTORY AUTHORITY: KRS 247.145, 247.153
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. KRS 247.153 authorizes the board to establish by resolution speed limits governing the operation of motor vehicles on state fairgrounds property. This administrative regulation establishes requirements for regulating the speed of vehicles on state fairgrounds.
• History: KFEC-1; 1 Ky.R. 754; eff. 5-14-1975; 48 Ky.R. 918, 2033; eff. 4-5-2022.

303 KAR 1:010 Vehicle parking {#sec-303-kar-1-010 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:010}

Section 1. A person shall not park a vehicle within the Kentucky State Fair Grounds or the Exhibition Center in any area designated by signs to be a no parking area or a fire lane. Any vehicle parked in violation of the preceding provision may be removed from the area or lane in which it is parked and impounded until the owner or operator pays the cost of the removal and impounding of the automobile.

History

• RELATES TO: KRS 247.145, 247.154
• STATUTORY AUTHORITY: KRS 247.154
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. KRS 247.154 authorizes the board to promulgate administrative regulations establishing requirements for traffic control and parking of vehicles on state fairgrounds. This administrative regulation establishes requirements for regulating parked vehicles on state fairgrounds.
• History: KFEC-2; 1 Ky.R. 754; eff. 5-14-1975; 48 Ky.R. 920, 2034; eff. 4-5-2022.

303 KAR 1:015 Traffic flow {#sec-303-kar-1-015 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:015}

Section 1. A person shall not operate a vehicle within the Kentucky State Fair Grounds in violation of "one way" traffic flow signs or "no vehicular traffic" signs.

History

• RELATES TO: KRS 247.145, 247.154
• STATUTORY AUTHORITY: KRS 247.145, 247.154
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. KRS 247.154 authorizes the board to promulgate administrative regulations establishing requirements for traffic control and parking of vehicles on state fairgrounds. This administrative regulation establishes requirements for regulating traffic flow within state fairgrounds.
• History: KFEC-3; 1 Ky.R. 754; eff. 5-14-1975; 48 Ky.R. 921, 2034; eff. 4-5-2022.

303 KAR 1:075 Conduct and operation of concessions and exhibits {#sec-303-kar-1-075 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:075}

Section 1. A person, except with authorization or permission from the Kentucky State Fair Board, shall not set up, conduct, carry on, operate or maintain; or make sales, sales promotions, or sales demonstrations from any booth, table, exhibit display, or attraction of any sort on the grounds of the Kentucky Fair and Exposition Center or do any of the acts from any motor vehicle or other mobile apparatus on the grounds.

Section 2. A person, except with authorization or permit from the Kentucky State Fair Board, shall not operate any concession or offer for sale or sell any articles or objects of any sort on the grounds of the Kentucky Fair and Exposition Center.

Section 3.

(1) A person shall not carry on any commercial activity at the Kentucky Fair and Exposition Center without permission of the Kentucky State Fair Board.

(2) A person shall not post, distribute, or display commercial signs, circulars, or printed or written materials within the grounds of the Kentucky Fair and Exposition Center without permission of the Kentucky State Fair Board.

Section 4. A person shall not be licensed to enter or to remain upon the grounds of the Kentucky Fair and Exposition Center for the purpose of doing any of the acts described in Sections 1, 2, and 3 of this administrative regulation, unless the person has received authorization or permission from the Kentucky State Fair Board for such acts.

Section 5.

(1) Authority to authorize or grant permission to do any of the acts described in Sections 1 and 2 of this administrative regulation shall be delegated to the Executive Director of the Kentucky State Fair Board.

(2) This authority may be redelegated by him to other employees or agents of the Kentucky State Fair Board or, for specific events only, to the group or person conducting or sponsoring the event.

History

• RELATES TO: KRS 247.145, 247.160
• STATUTORY AUTHORITY: KRS 247.145
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. KRS 247.160 grants to the Kentucky State Fair Board exclusive control of concessions, exhibitions, entertainment, and attractions at any place on the state fair grounds and exhibition center. This administrative regulation establishes requirements to regulate and control the conduct and operation of concessions and exhibits by prohibiting unauthorized persons from conducting them.
• History: 4 Ky.R. 247; eff. 2-1-1978; 48 Ky.R. 922, 2034; eff. 4-5-2022.

303 KAR 1:080 Exposition Center, grounds; dissemination of material; demonstrations {#sec-303-kar-1-080 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:080}

Section 1.

(1) The following shall be permitted on the grounds of the Kentucky Fair and Exposition Center at the locations designated on a diagram of the Kentucky Fair and Exposition Center and in accordance with the requirements of this section:

(a) The peaceful noncommercial distribution of leaflets;

(b) The setting up of tables;

(c) The peaceful holding of discussions with patrons of the Kentucky Fair and Exposition Center to aid in distribution; and

(d) The peaceful carrying of placards.

(2) The following areas shall be designated for the activities referenced in subsection (1) of this section:

(a) Main Entrance to the Freedom Hall: Areas 1, 2

(b) Main entrance to East Hall: Area 3

(c) Main entrance North Wing: Areas 4, 5

(d) Main Entrance South Wing A: Area 6

(e) Main Entrance South Wing B: Area 7

(f) Main entrance South Wing C: Area 8

(g) Main Entrance to West Hall/Wing: Area 9

(h) Main Entrance to Broadbent Arena: Area 10

(i) Pavilion: Area 11, and

(j) New Market Hall: Area 12..One (1) table may be set up at all areas, other than Areas E and F, in order to aid distribution activities.

(k) Placards shall be permitted at all areas other than Areas E and F.

(l) Areas E and F shall be unavailable when control gates for admission charges, registration for an event, or both, are set up at the main entrance to the Coliseum.

(3) The executive director may designate additional areas for activities listed in subsection (1) if functions are scheduled on the grounds of the Kentucky Fair and Exposition Center at locations that have not been designated for the activities in subsection (1).

(4) Any person or group who wishes to conduct any of the above activities at the locations specified shall apply to the Executive Director of the Kentucky Fair and Exposition Center. Application shall be made not less than seventy-two (72) hours nor more than two (2) weeks before commencement of the activities. The application shall set forth the type of activities to be conducted; the expected number of participants in the activities; the time, location, and duration of the activities; and the name, address, and telephone number of the person making the application. For a group, it shall be sufficient to supply the name, address, and telephone number of one (1) person who can be contacted if problems arise concerning the grant of the application.

(a) A deposit of twenty-five (25) dollars cash or money order shall be submitted with the application and shall be returned to the applicant within twenty-four (24) hours after the termination of the activities if there has been no extra cleanup time required by the Kentucky Fair and Exposition Center staff as a result of the litter created by the activities.

(b) The executive director shall grant each application to engage in the activities permitted by this administrative regulation, unless he and the President of the Kentucky State Fair Board determine that the proposed number of participants contained in an application will unreasonable and substantially interfere with either:

1. The safety of patrons attending the Kentucky Fair and Exposition Center;

2. The orderly movement of vehicle and pedestrian traffic on the grounds of the Kentucky Fair and Exposition Center; or

3. The normal functions of the Kentucky Fair and Exposition Center.

(c) If the executive director and the president of the board find that the proposed number of participants will create unreasonable and substantial interference, the executive director, after consultation with the President of the board, shall grant the application subject to a reduced number of participants in the proposed activities, and shall notify the applicant in writing of the grounds for reducing the number of participants.

1. If there are multiple applications for any given times and locations, the executive director may allocate:

a. The locations, on a proportional basis, among the various applicants;

b. Times, on a proportional basis, during which the various applicants may conduct their activities; or

c. Any given period of time or location, on a proportional basis, among the various applicants.

2. In exercising this discretion, the executive director shall try, to the maximum extent possible, to accommodate the location and time requests of all applicants.

(d) The grant of the application by the executive director shall be in the form of a permit, which shall set forth the number of persons covered by the permit, the activities that are permitted, the permitted time and duration of those activities, and the location at which the activities may be conducted.

(e) The duration of each permit issued shall not be in excess of two (2) days. Any person or group may renew a permit for successive two (2) day periods. Renewal applications shall be made on the same form as new applications and shall be processed as if they were new applications.

(5) Signs, leaflets, placards, or other material shall not be affixed to the building facilities. Leaflets or other material shall not be distributed by leaving them unattended throughout the Kentucky Fair and Exposition Center.

(6) Voice amplification equipment of any kind shall not be used by any person or group to aid in the conducting of any of the activities permitted by this administrative regulation.

(7) Signs, leaflets, placards or other material distributed shall not contain any obscene, subversive, salacious, or libelous material.

(8)

(a) The executive director may suspend any permit already granted if the conduct of the applicant or any of his agents or associates unreasonably and substantially interferes with either:

1. The safety of patrons attending the Kentucky Fair and Exposition Center;

2. The orderly movement of vehicle and pedestrian traffic on the grounds of the Kentucky Fair and Exposition Center; or

3. The normal functions of the Kentucky Fair and Exposition Center.

(b) If the applicant or any of his agents or associates fail to comply with any of the provisions set forth in this section, the executive director shall suspend the permit by providing written notice to the applicant. This notice shall state the grounds for the suspension.

(9) A person shall not engage in the activities permitted by this administrative regulation without first securing a permit pursuant to the provisions of this section.

Section 2. The provisions of this administrative regulation shall not apply to the Kentucky Fair and Exposition Center grounds during the annual Kentucky State Fair.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky State Fair and Exposition Center Diagram", November 2021; and

(b) "Kentucky State Fair and Exposition Center Activity Permit Application", November 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Fair Board, 937 Phillips Lane, Louisville, Kentucky 40209, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 247.145
• STATUTORY AUTHORITY: KRS 247.145
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. This administrative regulation establishes requirements relating to dissemination of material and demonstrations on the Kentucky State Fair and Exposition Center grounds.
• History: KFEC-9-1; 1 Ky.R. 1030; eff. 6-11-1975; Am. 4 Ky.R. 229; eff. 2-1-1978; 48 Ky.R. 923, 2035; eff. 4-5-2022.

303 KAR 1:090 Exhibit Center, dissemination of material; demonstrations {#sec-303-kar-1-090 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:090}

Section 1.

(1) The peaceful noncommercial distribution of leaflets, the setting up of tables and the peaceful holding of discussions with patrons of the Exhibition Center to aid in this distribution, and the peaceful carrying of placards shall be permitted in accordance with this section at the following locations:

(a) The main entrances to the lobby at the corners of Jefferson and Fourth, Market and Fourth and the entrance on Fourth; and

(b) Inside the Lobby designated on a diagram of the Exhibition Center.

(2) Main Entrance to the Lobby.

(a)

1. Area A. Two (2) persons shall be permitted to peacefully:

a. Distribute leaflets;

b. Carry placards; and

c. Hold discussions with patrons of the Exhibition Center.

2. A table shall not be permitted in this area.

(b) Area B. Two (2) persons shall be permitted to peacefully:

a. Distribute leaflets;

b. Carry placards; and

c. Hold discussions with patrons of the Exhibition Center.

2. A table shall not be permitted in this area.

(c) Area C. Two (2) persons shall be permitted to peacefully:

a. Distribute leaflets;

b. Carry placards; and

c. Hold discussions with patrons of the Exhibition Center.

2. Additionally, these persons may set up one (1) table at this location to aid in this distribution.

(d) Area D. Two (2) persons shall be permitted to peacefully:

a. Distribute leaflets;

b. Carry placards; and

c. Hold discussions with patrons of the Exhibition Center.

2. Additionally, these persons may set up one (1) table at this location to aid in this distribution.

(3) Inside the Lobby.

(a) Area E.

1. One (1) person shall be permitted to distribute leaflets and hold discussions with patrons.

2. Placards and tables shall not be permitted in this area.

3. This area shall be unavailable when control gates for admission charges, registration for an event, or both, are set up in the Lobby.

(b) Area F.

1. One (1) person shall be permitted to distribute leaflets and hold discussions with patrons.

2. Placards and tables shall not be permitted in this area.

3. This area shall be unavailable when control gates for admission charges, registration for an event, or both, are set up in the Lobby.

(4) Any person or group who wishes to conduct any of the above activities at the locations specified shall apply to the Manager of the Exhibition Center on forms provided by the board. Application shall be made not less than seventy-two (72) hours nor more than two (2) weeks before commencement of the activities. The application shall set forth the type of activities to be conducted; the time, location, and duration of the activities; and the name, address, and telephone number of the person making the application. For a group, it shall be sufficient to supply the name, address, and telephone number of one (1) person who can be contacted if problems arise concerning the grant of the application.

(a) A deposit of five (5) dollars cash or money order shall be submitted with the application and shall be returned to the applicant within twenty-four (24) hours after the termination of the activities if there has been no extra cleanup time required by the Exhibition Center staff as a result of the litter created by the activities.

(b) The manager shall grant all applications on a first come, first served basis so long as the number of persons; the activities; and the time, duration, and location applied for are in compliance with the provisions set forth in paragraph (a) of this subsection.

(c) The grant of the application by the manager shall be in the form of a permit, which shall set forth the number of persons covered by the permit, the activities which are permitted, the permitted time and duration of those activities, and the location at which the activities may be conducted.

(d) The duration of each permit issued shall not be in excess of two (2) days. Any person or group may renew a permit for successive two (2) day periods. Renewal applications shall be processed as if they were new applications.

(5) Signs, leaflets, placards or other material shall not be affixed to the building facilities. Leaflets or other material shall not be distributed by leaving them unattached throughout the Exhibition Center.

(6) Voice amplification equipment of any kind shall not be used by any person or group to aid in the conducting of any of the above activities.

(7) Signs, leaflets, placards, or other material distributed shall not contain any obscene, subversive, salacious, or libelous material.

(8) The manager may suspend any permit already granted if there is:

(a) Violence caused by the applicant or his agents or associates;

(b) Any emergency that affects the traffic flow in any of the areas covered by the permit in a way that conduct of the activities would create a dangerous condition or substantially interfere with traffic at the Exhibition Center; or

(c) Failure of the applicant to comply with any of the provisions set forth in this administrative regulation.

History

• RELATES TO: KRS 247.145
• STATUTORY AUTHORITY: KRS 247.145
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. This administrative regulation establishes requirements relating to the dissemination of material and demonstrations at the Exhibition Center.
• History: 1 Ky.R. 1030; eff. 6-11-1975; 48 Ky.R. 925, 2036; eff. 4-5-2022.

303 KAR 1:100 Exposition Center grounds; sales and dissemination of real property, fixtures and goods, solicitation of contribution or sales during annual State Fair; rental of space; use of sound amplification equipment {#sec-303-kar-1-100 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:100}

Section 1. Administrative Regulation 303 KAR 1:080 shall not apply to the Kentucky Fair and Exposition Center grounds during the annual Kentucky State Fair.

Section 2. During the annual Kentucky State Fair, a person shall not make sales or distribution of real property, fixtures or goods, including all printed or written material; solicit for either contributions or sale; make sales promotions or sales demonstrations; carry placards; or post, distribute, or display signs or any other printed or written materials, except from within the confines of a booth or fixed location rented from the:

(1) Board; or

(2) The board's lessee of the carnival midway area.

Section 3. A rental shall be charged for each booth or fixed location assigned and leased from the board in accordance with this administrative regulation, and the rental shall be set according to the size; location; and use, such as sales, nonsales commercial, or nonprofit, of the space assigned.

Section 4. The spaces available from the board for booths or fixed locations shall be assigned on a first come, first served basis after May 1 of each year, except that:

(1)

(a) The sponsor of an event during the state fair may be authorized by his contract with the board to sell or distribute goods specified in the contract from locations in the area of the event that are specified in the contract;

(b) The board may limit the assignment of booths and locations in designated "theme" areas of the state fair:

1. To applicants whose proposed design and use of the booths or locations conform to the board's specifications and theme for the respective theme areas; and

2. For the Made in Kentucky Showcase, to applicants displaying goods of the required origin; and

(c) The board may limit to the civic midway area the number and location of vendors who will sell items that are substantially the same.

(2) In order to attract and maintain high-quality concessions and exhibits, the executive vice president may annually, at a time on or before April 30 of each year, extend to the renters of space from the prior year's state fair the opportunity to renew their space rental contracts for the next state fair. This renewal shall be for the same space, purpose, and ownership as in the prior year. If renewals are offered to renters from the prior year, the board shall not be required to renew any space rental contract with a renter who has violated any administrative regulation of the board or any state or federal law in previous use of the booth.

Section 5. Sales or distribution of food or drink shall not be made from booths or fixed locations rented from the board under this administrative regulation, unless the rental contract specifically allows these types of sales or distribution.

Section 6. Unless specifically authorized by the board, a person shall not use any sound amplification equipment or any device with a speaker emitting loud sound on the grounds of the Kentucky Fair and Exposition Center during the state fair.

History

• RELATES TO: KRS 247.145
• STATUTORY AUTHORITY: KRS 247.145
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.145 authorizes the Kentucky State Fair Board to promulgate administrative regulations as are necessary to maintain decency and good order; protect the peace or safety of the general public; protect the public interest, convenience, or necessity; or govern the operation, maintenance, or use of property under its custody and control. This administrative regulation establishes requirements relating to the sale and dissemination of real property, fixtures and goods, solicitation of contributions and sales, and use of sound amplification equipment on the Kentucky Fair and Exposition Center grounds during the annual Kentucky State Fair in order to insure orderly movement of crowds, insure the safety and convenience of state fair patrons, and provide exhibitors with equal and adequate access.
• History: 8 Ky.R. 1197; eff. 6-2-1982; Am. 9 Ky.R. 1166; eff. 5-4-1983; 48 Ky.R. 927, 2037; eff. 4-5-2022.

303 KAR 1:110 Procurement procedures {#sec-303-kar-1-110 omnilex-key=us-ky-regs-official--title-303--303 KAR 1:110}

Section 1. Procurement Procedures. The procurement procedures of the Kentucky State Fair Board are established in the "Kentucky State Fair Board Procurement Procedures, June 24, 2021."

Section 2. Incorporation by Reference.

(1) "Kentucky State Fair Board Procurement Procedures, June 24, 2021," is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, from the General Counsel at the offices of the Kentucky State Fair Board, 937 Phillips Lane, Louisville, Kentucky 40209, Monday through Friday at 8 a.m. to 5 p.m.

History

• RELATES TO: KRS 247.100, KRS 247.147
• STATUTORY AUTHORITY: KRS 247.100, KRS 247.147
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.147(1)(b) authorizes the Kentucky State Fair Board to adopt administrative regulations establishing its procurement procedures. This administrative regulation establishes the procurement procedures of the Kentucky State Fair Board in a manner consistent with KRS 247.147 and will apply in lieu of the Kentucky Model Procurement Code, unless otherwise specifically indicated.
• History: 48 Ky.R. 1066; eff. 4-5-2022.