2011 Kentucky Revised Statutes CHAPTER 241 ALCOHOLIC BEVERAGES -- ADMINISTRATION AND CONTROL 241.075 Location of retail package liquor and drink licenses in cities of the first class or consolidated local governments.
KY Rev Stat § 241.075 (1996 through Reg Sess) What's This?
241.075 Location of retail package liquor and drink licenses in cities of the first
class or consolidated local governments.
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The State Alcoholic Beverage Control Board shall, for the purpose of regulating the
location of retail package liquor and retail drink licenses in cities of the first class or
consolidated local governments, divide such cities or consolidated local
governments into "downtown business areas" and "combination business and
residential areas."
No retail package liquor or retail drink license shall be granted or issued to any
licensee who proposes to sell retail package liquor or liquor by the drink at a
location within seven hundred (700) feet of the location of any similar
establishment in any combination business and residential area, nor shall such
license be granted or issued to any licensee who proposes to operate at a location in
a combination business and residential area within seven hundred (700) feet of a
similar establishment located in a downtown business area. This section shall not
affect location of such establishments in downtown business areas of such cities or
consolidated local governments.
The distance between location of similar establishments as prescribed by this
section shall be measured by following the shortest route of ordinary pedestrian
travel along public thoroughfares from the nearest point of any present location of
any such similar place of business to the nearest point of any proposed location of
any such place of business. The measurement shall be taken from the entrance of
the existing licensed premises to the entrance of any proposed location.
The location of all establishments licensed to sell at retail distilled spirits by the
package or by the drink, or both, on June 17, 1954 shall not be affected by the terms
of this section and this section shall not apply to existing licensed locations or to the
renewal of licenses therefor, or to transfers thereof. The distance limitation
prescribed by this section shall not affect any existing licensed location, nor the
right of the owner thereof to renew or transfer the license for such location. The
location of any such existing license shall not be transferred to a new location in
violation of this section, except that the location of any presently existing license or
renewal thereof in case of destruction of property or loss of lease through failure of
the landlord to renew such lease may be transferred to a location which is not closer
than half the distance between the existing licensed premises and the nearest similar
licensed premises.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 214, effective July 15, 2002. -- Created
1954 Ky. Acts ch. 62, secs. 1, 2, 3, and 4, effective June 17, 1954.
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