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244.290 Closed times for retail premises -- Exception -- Sunday sales.
(1) A premises that is licensed to sell distilled spirits or wine at retail shall not be
permitted to remain open during the hours the polls are open on any regular or <br>primary election day unless the licensee provides a separate locked department in <br>which all stock of distilled spirits and wine are kept during the hours the polls are <br>open.
(2) In any county containing a city of the first or second class in which the sale of
distilled spirits and wine by the drink is permitted under KRS Chapter 242, an <br>election on the question of permitting the sale of distilled spirits and wine by the <br>drink on Sunday may be held as provided in KRS Chapter 242.
(3) Except as provided in KRS 243.050, a premise for which there has been granted a
license for the sale of distilled spirits or wine at retail by the drink or by the package <br>shall not remain open for any purposes between midnight and 6 a.m. or at any time <br>during the twenty-four (24) hours of a Sunday, unless: <br>(a) The licensee provides a separate locked department in which all stocks of
distilled spirits and wine are kept during those times; or
(b) The legislative body of a city of the first, second, third, or fourth class or an
urban-county government, or the fiscal court of a county containing a city of <br>the first, second, third, or fourth class, has otherwise established the hours and <br>times in which distilled spirits and wine may be sold within its jurisdictional <br>boundaries.
(4) In any county containing a city of the first, second, or third class or any city located
therein in which the sale of distilled spirits and wine is permitted under KRS <br>Chapter 242, the legislative body of the city or county may, by ordinance, permit the <br>sale of distilled spirits and wine by the drink on Sunday from 1 p.m. until the <br>designated closing hour of that locality at hotels, motels, or restaurants which: <br>(a) Have dining facilities with a minimum seating capacity of one hundred (100)
people at tables; and
(b) Receive at least fifty percent (50%) or more of their gross annual income from
the dining facilities from the sale of food.
(5) In any county containing a city of the first class or in any city located therein in
which the sale of distilled spirits and wine is permitted under KRS Chapter 242, the <br>distilled spirits director may issue a license to holders of a distilled spirits and wine <br>retail drink quota license or a special private club license which permits the sale of <br>distilled spirits and wine by the drink on Sunday from 1 p.m. until the prevailing <br>time for that locality.
(6) Any city of the fourth class or county containing a city of the fourth class which has
enacted a comprehensive, regulatory ordinance relating to the licensing and <br>operation of hotels, motels, inns, or restaurants for the sale of alcoholic beverages <br>by the drink under KRS 242.185(1), may also regulate and provide for the limited <br>sale of distilled spirits and wine by the drink on Sundays if:
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(a) The limited Sunday drink licenses are issued only to those hotels, motels,
inns, or restaurants authorized to sell alcoholic beverages by the drink under <br>KRS 242.185(3); and
(b) The holders of distilled spirits and wine retail drink licenses have applied to
the state director and meet all other legal requirements for obtaining a limited <br>Sunday liquor by the drink license.
(7) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, in
any county containing an urban-county government where Sunday sales of distilled <br>spirits and wine by the drink have been previously approved, the legislative body of <br>the urban-county government may by ordinance extend Sunday sales to any <br>premises licensed to sell distilled spirits and wine by the drink located within the <br>territorial boundaries of the urban-county government and may by ordinance <br>establish the hours such distilled spirits and wine by the drink may be sold.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 99, sec. 10, effective June 26, 2007. -- Amended
2000 Ky. Acts ch. 435, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 522, sec. 21, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 252, sec. 2, <br>effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 219, sec. 4, effective July 13, <br>1990. -- Amended 1988 Ky. Acts ch. 176, sec. 2, effective July 15, 1988. -- Amended <br>1982 Ky. Acts ch. 340, sec. 1, effective July 15, 1982; and ch. 411, sec. 2, effective <br>July 15, 1982. -- Amended 1972 Ky. Acts ch. 335, sec. 4. -- Amended 1944 Ky. Acts <br>ch. 154, sec. 27. -- Amended 1942 Ky. Acts ch. 168, secs. 7 and 16. -- Recodified <br>1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-<br>179.
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 <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section.
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