2015 Kentucky Revised Statutes CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS 244.295 Urban-county government may set liquor sale hours -- Local option on Sunday sales in urban-county -- Licensing -- Sunday sales extension.
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244.295 Urban-county government may set liquor sale hours -- Local option on
Sunday sales in urban-county -- Licensing -- Sunday sales extension.
(1)
(2)
(3)
In any county containing an urban-county government, a premises that has been
granted a license for the sale of distilled spirits or wine at retail shall not be
permitted to remain open for any purpose between midnight and 6 a.m., or at any
time during the twenty-four (24) hours of a Sunday, unless the licensee provides a
separate department within his or her licensed premises capable of being locked and
closed off, within which is kept all stocks of distilled spirits and wine, and all
fixtures and apparatus connected with his or her business as a licensee, and the
department is kept locked during the time mentioned above. The licensee shall be
deemed to have complied with this section; except that the legislative body of an
urban-county government in which traffic in distilled spirits and wine is permitted
under KRS Chapter 242 shall have the exclusive right and power, by ordinance, to
establish the hours and times in which distilled spirits and wine may be sold within
its jurisdictional boundaries. Provided, however, distilled spirits or wine may not be
sold in any portion of a county containing an urban-county government during the
twenty-four (24) hours between 6 a.m. Sunday and 6 a.m. Monday, except as
provided in subsections (2) and (3) of this section; and provided, also, that all stocks
of distilled spirits and wine shall be kept locked during the hours in which the
licensee is prohibited from selling distilled spirits and wine.
In any county containing an urban-county government in which the sale of distilled
spirits and wine is permitted under KRS Chapter 242, an election on the question of
permitting the sale of distilled spirits and wine by the drink on Sunday may be held
as provided in KRS 242.020 to 242.040 and 242.060 to 242.120. In any election, the
form of the proposition shall be, "Are you in favor of the sale of distilled spirits and
wine by the drink between the hours of one p.m. and midnight on Sunday in (name
of county)?".
In any county containing an urban-county government in which the sale of distilled
spirits and wine is permitted under KRS Chapter 242, the legislative body of the
urban-county government may by resolution or ordinance submit to the electorate a
proposal to permit the sale of distilled spirits and wine by the drink on Sunday from
1 p.m. until a closing hour specified in the proposal by hotels, motels, convention
centers, convention hotel complexes, restaurants, racetracks, and commercial
airports which are licensed for the retail sale of distilled spirits and wine by the
drink and which have dining facilities with a minimum seating capacity of one
hundred (100) people at tables and which receive less than fifty percent (50%) of
their annual food and beverage receipts from dining facilities by the sale of alcohol.
The proposal to be submitted to the electorate shall be framed so that any voter who
wishes to vote in favor of the limited Sunday sales of distilled spirits and wine by
the drink may signify his or her approval by voting "yes" and any voter who wishes
to vote against the limited Sunday sales of distilled spirits and wine by the drink
may do so by voting "no." The election shall be held on a date stipulated by the
legislative body, and the cost of the election shall be borne by the urban-county
government. The proposal shall be published pursuant to KRS Chapter 424 and
(4)
(5)
shall also be advertised by written or printed handbills posted at not less than five
(5) conspicuous places in each precinct of the county for two (2) weeks before the
election. The general election laws, including penalties for violations, shall apply to
the election, except where those laws are inconsistent with the provisions of this
section. The proposal submitted to the electorate shall be effective immediately if a
majority of those voting on the proposal vote "yes."
In any county containing an urban-county government in which the sale of distilled
spirits and wine by the drink is permitted on Sunday as provided in subsections (2)
and (3) of this section, licensed retailers selling distilled spirits and wine by the
drink may apply to the director of the Division of Distilled Spirits for a special
Sunday retail drink license. Upon receipt of an application and payment of the
prescribed fee, the director shall issue a license.
Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, in
any county containing an urban-county government where Sunday sales of distilled
spirits and wine by the drink have been previously approved, the legislative body of
the urban-county government may by ordinance extend Sunday sales to any
premises licensed to sell distilled spirits and wine by the drink located within the
territorial boundaries of the urban-county government and may by ordinance
establish the hours such distilled spirits and wine by the drink may be sold.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 22, sec. 23, effective July 15, 2014. -- Amended
2013 Ky. Acts ch. 121, sec. 92, effective June 25, 2013. -- Amended 2012 Ky. Acts
ch. 125, sec. 10, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 99, sec. 11,
effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 522, sec. 22, effective July
15, 1998. -- Created 1982 Ky. Acts ch. 340, sec. 2, effective July 15, 1982.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
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