2011 Kentucky Revised Statutes CHAPTER 242 ALCOHOLIC BEVERAGES -- LOCAL OPTION 242.125 Separate vote on prohibition in cities of first four classes, in dry county or in case of county-wide election -- Status of dry precincts in case city votes wet.
KY Rev Stat § 242.125 (1996 through Reg Sess) What's This?
242.125 Separate vote on prohibition in cities of first four classes, in dry county or
in case of county-wide election -- Status of dry precincts in case city votes wet.
(1)
(2)
(3)
In any county in which the provisions of KRS 242.220 to 242.430 are applicable by
reason of an election for the entire county having heretofore resulted in favor of
prohibition, an election may be held in any city of the first four (4) classes in such
county to take the sense of the people of the city as to the discontinuance of
prohibition in the city. For this purpose, the election in the city shall not be deemed
to be an election in the "same territory" as that in which the county-wide election
was held, within the meaning of subsection (5) of KRS 242.030. If, at the election
for a city, the majority of the votes cast are against prohibition, the vote makes KRS
242.220 to 242.430 inapplicable to the entire city, but this does not prevent an
election from thereafter being held in any precinct of the city, subject to the
provisions of KRS Chapter 242, to take the sense of the people of the precinct as to
the application of KRS 242.220 to 242.430 in the precinct.
In any election hereafter held for an entire county, which county is not at the time of
the election dry territory by reason of a county-wide election heretofore held, for the
purpose of taking the sense of the voters as to the application of KRS 242.220 to
242.430 in the county, the voters within each city of the first four (4) classes in the
county shall be presented with the question, "Are you in favor of the sale of
alcoholic beverages in (name of city)?". The question shall not be presented to the
voters of any city of such class, if, less than three (3) years prior to the date of the
proposed county-wide election a city-wide election was held in the city at which a
majority of the votes cast were against prohibition. The status of such a city is not
affected by the result of the county-wide election. The voters outside of the cities of
such classes shall be presented with the question, "Are you in favor of the sale of
alcoholic beverages in (name of county), outside of the corporate limits of the cities
of the first four classes?". The votes of each such city shall be separately tabulated,
and the votes of the voters outside such cities shall be separately tabulated. If the
majority of votes cast in any such city are for prohibition, KRS 242.220 to 242.430
shall apply to the entire city. If the majority of votes cast in any such city are against
prohibition, then KRS 242.220 to 242.430 shall be inapplicable, except, that if, at
the time of the election, any number of precincts of the city, less than the entire city
were dry territories, the votes shall not make KRS 242.220 to 242.430 inapplicable
in such precinct. If the majority of votes cast in any city are against prohibition, and
if, at the time of such election, the entire city was dry territory, KRS 242.220 to
242.430 shall be inapplicable to the entire city. If the majority of votes cast in the
county outside of such cities of the first four (4) classes are for prohibition, KRS
242.220 to 242.430 shall apply to all of the county outside of the cities. If the
majority of the votes cast in the county outside of the cities are against prohibition,
the votes shall not make KRS 242.220 to 242.430 inapplicable to any district or
precinct outside of the cities that was dry territory at the time of the election.
If, in any city-wide election held in a city of the first four (4) classes for the purpose
of taking the sense of the voters as to the adoption or discontinuance of the
application of KRS 242.220 to 242.430 to the city, other than an election coming
within the provisions of subsection (1) or (2) of this section, the majority of the
votes cast are for prohibition, KRS 242.220 to 242.430 applies to every portion of
the city. If, in any city-wide election, the majority of the votes cast are against
prohibition, and if, at the time of the election, any number of precincts in the city
less than the entire city were dry territories, the votes do not make KRS 242.220 to
242.430 inapplicable to such precincts. If, in any city-wide election, the majority of
votes cast are against prohibition, and if, at the time of the election, the entire city
was dry territory, KRS 242.220 to 242.430 is inapplicable to the entire city.
Effective: July 15, 1982
History: 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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