2013 Kentucky Revised Statutes
CHAPTER 243 - ALCOHOLIC BEVERAGES -- LICENSES AND TAXES
243.230 Premises for which retail package, drink, and malt beverage licenses may be issued.

Download as PDF 243.230 Premises for which retail package, drink, and malt beverage licenses may be issued. (1) (2) (3) (4) (5) (6) (7) Quota retail drink licenses and NQ2 retail drink licenses may be issued only for premises located within cities of the first, second, or third class, or elsewhere in counties containing a city of the first, second, or third class if those counties maintain an adequate police force under KRS 70.540 and 70.150 to 70.170. Notwithstanding subsection (1) of this section, an NQ2 retail drink license may be issued to a restaurant with seating for fifty (50) patrons at tables in any wet territory, but a license issued under this subsection shall only have the privileges of a license issued under KRS 243.084(3). Notwithstanding subsection (1) of this section, quota retail drink licenses and NQ2 retail drink licenses may be issued for premises located within a city of the fourth class in which the majority of votes cast in the most recent election held under KRS 242.127 and 242.129 were in favor of the proposition voted upon if the city has an adequate police force under KRS 95.710 and 95.760 to 95.787. Notwithstanding subsection (1) of this section, NQ2 retail drink licenses may be issued to qualifying premises located within a city of the fourth class, or in a county containing a city of the fourth class, if the city or county has enacted an economic hardship ordinance under KRS 243.072. Quota retail package licenses may be issued only for premises located within incorporated cities, or elsewhere in counties containing a city of the first, second, or third class if those counties maintain an adequate police force under KRS 70.540 and 70.150 to 70.170. Notwithstanding subsection (5) of this section, the department may, after a field investigation, issue a quota retail package license to premises not located within any city if: (a) Substantial aggregations of population would otherwise not have reasonable access to a licensed vendor; (b) The premises to be licensed under this subsection shall be used exclusively for the sale of distilled spirits and wine by the package and malt beverages, where applicable, and shall not be used in any manner, in connection with a dance hall, roadhouse, restaurant, store, or any other commercial enterprise, except as a drug store in which a registered pharmacist is employed. No quota retail package license or quota retail drink license for the sale of distilled spirits or wine shall be issued for any premises used as or in connection with the operation of any business in which a substantial part of the commercial transaction consists of selling at retail staple groceries or gasoline and lubricating oil. Effective:June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 67, effective June 25, 2013. -Amended 1998 Ky. Acts ch. 121, sec. 14, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 48, sec. 3, effective July 15, 1994. Amended 1992 Ky. Acts ch. 37, sec. 2, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 24, sec. 2, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 59, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 229, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 96, sec. 3. -- Amended 1944 Ky. Acts ch. 154, sec. 33. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554b-129, 2554b-154.