2013 Kentucky Revised Statutes CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS 244.290 Sales of distilled spirits or wine when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales.
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244.290 Sales of distilled spirits or wine when polls are open permitted in wet
or moist territory -- Power of local governments to regulate -- Sunday
sales.
(1)
(2)
(3)
(4)
(a)
A premises that is licensed to sell distilled spirits or wine at retail shall be
permitted to remain open during the hours the polls are open on any
primary, or regular, local option, or special election day unless it is located
where the legislative body of a city of the first, second, third, or fourth
class or an urban-county government, consolidated local government,
charter county government, unified local government, or the fiscal court of
a county containing a city of the first, second, third, or fourth class adopts
an ordinance that prohibits the sale of distilled spirits and wine or limits
the hours and times in which distilled spirits and wine may be sold within
its jurisdictional boundaries on any primary, or regular, local option, or
special election day during the hours the polls are open.
(b) This subsection shall only apply in a territory where prohibition is no
longer in effect in whole or in part.
(c) Notwithstanding any other provision of the Kentucky Revised Statutes to
the contrary, the fiscal court of a county containing a city of the first,
second, third, or fourth class shall not by ordinance or any other means:
1.
Supersede, reverse, or modify any decision made pursuant to this
subsection by the legislative body of a city of the first, second, third,
or fourth class within that county; or
2.
Impose an action upon a city of the first, second, third, or fourth
class within that county when that city has taken no formal action
pursuant to this subsection.
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
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 Chapter 242.
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 shall not remain open for any purposes between midnight and
6 a.m. or at any time during the twenty-four (24) hours of a Sunday, unless:
(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, consolidated local government, charter
county government, unified local government, or the fiscal court of a
county containing a city of the first, second, third, or fourth class, has
otherwise established the hours and times in which distilled spirits and
wine may be sold within its jurisdictional boundaries.
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 Chapter 242, the legislative body of the city or county may, by ordinance,
permit the sale of distilled spirits and wine by the drink on Sunday from 1 p.m.
until the designated closing hour of that locality at hotels, motels, or restaurants
(5)
(6)
(7)
which:
(a) Have dining facilities with a minimum seating capacity of one hundred
(100) people at tables; and
(b) Receive less than fifty percent (50%) of their annual food and beverage
income from the dining facilities from the sale of alcohol.
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 distilled spirits director may issue a license to holders of a quota retail drink
license or a special private club license which permits the sale of distilled spirits
and wine by the drink on Sunday from 1 p.m. until the prevailing time for that
locality.
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 operation of hotels, motels, inns, or restaurants for the sale of alcoholic
beverages by the drink under KRS 243.072, may also regulate and provide for
the limited sale of distilled spirits and wine by the drink on Sundays if:
(a) The special Sunday retail drink licenses are issued only to those hotels,
motels, inns, or restaurants authorized to sell alcoholic beverages by the
drink under KRS 243.072; and
(b) The licensed retailers selling distilled spirits and wine by the drink have
applied to the state director and meet all other legal requirements for
obtaining a special Sunday retail drink license.
Notwithstanding any provision of the Kentucky Revised Statutes to the
contrary, in any county containing an urban-county government, consolidated
local government, charter county government, or unified local government
where Sunday sales of distilled spirits and wine by the drink have been
previously approved, the legislative body of the urban-county government,
consolidated local government, charter county government, or unified local
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, consolidated local government,
charter county government, or unified local government and may by ordinance
establish the hours such distilled spirits and wine by the drink may be sold.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 91, effective June 25, 2013. -Amended 2012 Ky. Acts ch. 125, sec. 9, effective July 12, 2012. -- 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
ch. 522, sec. 21, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 252,
sec. 2, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 219, sec. 4,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 176, sec. 2, effective July
15, 1988. -- Amended 1982 Ky. Acts ch. 340, sec. 1, effective July 15, 1982;
and ch. 411, sec. 2, effective July 15, 1982. -- Amended 1972 Ky. Acts ch. 335,
sec. 4. -- Amended 1944 Ky. Acts ch. 154, sec. 27. -- Amended 1942 Ky. Acts
ch. 168, secs. 7 and 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2554b-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 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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