2009 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.
244.295 Urban-county government may set liquor sale hours -- Local option on
Sunday sales in urban-county -- Licensing -- Sunday sales extension.
(1) 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 <br>permitted to remain open for any purpose between midnight and 6 a.m., or at any <br>time during the twenty-four (24) hours of a Sunday, or during the hours the polls are <br>open on any regular or primary election day unless the licensee provides a separate <br>department within his licensed premises capable of being locked and closed off, <br>within which is kept all stocks of distilled spirits and wine, and all fixtures and <br>apparatus connected with his business as a licensee, and the department is kept <br>locked during the time mentioned above. The licensee shall be deemed to have <br>complied with this section; except that the legislative body of an urban-county <br>government in which traffic in distilled spirits and wine is permitted under KRS <br>Chapter 242 shall have the exclusive right and power, by ordinance, to establish the <br>hours and times in which distilled spirits and wine may be sold within its <br>jurisdictional boundaries. Provided, however, distilled spirits or wine may not be <br>sold in any portion of a county containing an urban-county government during the <br>twenty-four (24) hours between 6 a.m. Sunday and 6 a.m. Monday, except as <br>provided in subsections (2) and (3) of this section, and distilled spirits or wine may <br>not be sold on any election day while the polls are still open; and provided, also, <br>that all stocks of distilled spirits and wine must be kept locked during the hours in <br>which the licensee is prohibited from selling same.
(2) 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 <br>permitting the sale of distilled spirits and wine by the drink on Sunday may be held <br>as provided in KRS 242.020 to 242.040 and 242.060 to 242.120. In any election, the <br>form of the proposition shall be, "Are you in favor of the sale of distilled spirits and <br>wine by the drink between the hours of one p.m. and midnight on Sunday in (name <br>of county)?"
(3) 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 such <br>urban-county government may by resolution or ordinance submit to the electorate a <br>proposal to permit the sale of distilled spirits and wine by the drink on Sunday from <br>1 p.m. until a closing hour specified in the proposal by hotels, motels, convention <br>centers, convention hotel complexes, restaurants, racetracks, and commercial <br>airports which are licensed for the retail sale of distilled spirits and wine by the <br>drink and which have dining facilities with a minimum seating capacity of one <br>hundred (100) people at tables and which receive at least fifty percent (50%) or <br>more of gross annual income from dining facilities by the sale of food. The proposal <br>to be submitted to the electorate shall be so framed that any voter who wishes to <br>vote in favor of the limited Sunday sales of distilled spirits and wine by the drink <br>may signify his approval by voting "yes" and any voter who wishes to vote against <br>the limited Sunday sales of distilled spirits and wine by the drink may do so by <br>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 <br>proposal shall be published pursuant to KRS Chapter 424 and shall also be <br>advertised by written or printed handbills posted at not less than five (5) <br>conspicuous places in each precinct of the county for two (2) weeks before the <br>election. The general election laws, including penalties for violations, shall apply to <br>the election, except where those laws are inconsistent with the provisions of this <br>section. The proposal submitted to the electorate shall be effective immediately if a <br>majority of those voting on the proposal shall vote "yes."
(4) 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) <br>and (3) of this section, holders of distilled spirits and wine retail drink licenses may <br>apply to the director of the Division of Distilled Spirits for a special Sunday sale <br>retail drink license. Upon receipt of an application and payment of the prescribed <br>fee, the director shall issue a license.
(5) 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. 11, effective June 26, 2007. -- Amended
1998 Ky. Acts ch. 522, sec. 22, effective July 15, 1998. -- Created 1982 Ky. Acts <br>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 <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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