2013 Kentucky Revised Statutes CHAPTER 242 - ALCOHOLIC BEVERAGES -- LOCAL OPTION 242.125 Separate vote to determine wet, moist, or dry status in cities of the first four classes -- Right of city precincts to vote for separate dry status.
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242.125 Separate vote to determine wet, moist, or dry status in cities of the
first four classes -- Right of city precincts to vote for separate dry
status.
(1)
As used in this section, "city" or "cities" means a city or cities of the first four (4)
classes.
(2) A city shall not be deemed to be the "same territory" as that of a county within
the meaning of KRS 242.030(5). A city shall have the right to determine its wet
or dry status separate from a countys wet or dry status.
(3) A dry or moist city may hold a local option election to take the sense of the city
residents for establishing the city as a wet territory. If the majority of the votes
are in favor of establishing the city as a wet territory, the whole city shall
become wet territory by application of KRS 242.200.
(4) Once a city votes under this section to become wet territory separate from the
county, a countywide local option election establishing the county as dry or
moist territory shall not cause the city to become dry or moist territory.
(5) A wet city may hold a local option election to take the sense of the city
residents for establishing the city as a dry or moist territory. If the majority of
the votes are in favor of establishing the city as a dry or moist territory, the
whole city shall become dry or moist territory by application of KRS 242.190.
(6) If a city votes to become wet territory, a precinct of the city may hold a later
election in conformity with this chapter to take the sense of the city precinct
residents for establishing the city precinct as a dry or moist territory. If the
majority of the votes are in favor of establishing the city precinct as a dry or
moist territory, the city precinct shall become dry or moist territory by
application of KRS 242.190.
(7) If a city precinct becomes dry or moist territory separate from a wet city, the
city precinct may hold a later election in conformity with this chapter, to take the
sense of the city precinct residents for reestablishing the city precinct as a wet
territory. If the majority of the votes are in favor of reestablishing the city
precinct as a wet territory, the city precinct shall become wet territory by
application of KRS 242.200.
(8) A dry or moist county containing a wet city may hold a local option election to
take the sense of the county residents for establishing the county as a wet
territory. If the majority of the votes are in favor of establishing the county as a
wet territory, the whole county shall become wet territory by application of KRS
242.200.
(9) A wet county containing a wet city by separate city election under this section
may hold a local option election to take the sense of the county residents for
establishing the county as a dry or moist territory. If the majority of the votes
are in favor of establishing the county as a dry or moist territory, the county
territory outside the wet city limits shall become dry or moist territory by
application of KRS 242.190.
(10) Residents of any city, including a separately wet city, are residents of the
county, and shall therefore be permitted to sign any petitions for, and vote in,
county local option elections under this section.
(11) A petition seeking a local option election under this section shall state "We the
undersigned registered voters hereby petition for an election on the following
question: 'Are you in favor of the sale of alcoholic beverages in (name of
county, city, or precinct)?'".
(12) In any local option election under this section, the proposition to be voted upon
shall state "Are you in favor of the sale of alcoholic beverages in (name of
county, city, or city precinct)?".
(13) The status of any moist territory approving limited alcoholic beverage sales
through a previous election held under KRS 242.123, 242.124, 242.1242, and
242.1244, or any other limited local option election, shall not be affected by any
outcome of any election held under this section. A territorys moist status may
only be changed by a local option election on the original same moist election
proposition.
Effective:June 25, 2013
History: Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 15, effective June
25, 2013. -- Amended 1982 Ky. Acts ch. 360, sec. 66, effective July 15, 1982. -Amended 1966 Ky. Acts ch. 255, sec. 213. -- Amended 1966 Ky. Acts ch. 255,
sec. 213. -- Created 1948 Ky. Acts ch. 47, sec. 1.
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