2014 Kentucky Revised Statutes CHAPTER 243 - ALCOHOLIC BEVERAGES -- LICENSES AND TAXES 243.230 Premises for which retail package, drink, and malt beverage licenses may be issued.
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243.230 Premises for which retail package, drink, and malt beverage licenses
may be issued.
(1)
(2)
(3)
(4)
(5)
(a)
Quota retail drink licenses may be issued only for premises located within
urban-county governments, cities containing a population equal to or
greater than eight thousand (8,000) based upon the most recent federal
decennial census, or elsewhere in counties containing an urban-county
government or such a city if those counties maintain an adequate police
force under KRS 70.540 and 70.150 to 70.170.
(b) If one (1) or more quota retail drink licenses or NQ2 retail drink licenses
have been issued to establishments in a city that does not meet the
population requirements of paragraph (a) of this subsection or in a county
that does not contain a city meeting the population requirements of
paragraph (a) of this subsection prior to January 1, 2015, then that county
or city shall continue to be treated in a manner as if the city or county
meets the requirements of paragraph (a) of this subsection.
Notwithstanding subsection (1) of this section, quota retail drink licenses may
be issued for premises located within a city in which the majority of votes cast
in the most recent election held under KRS 242.127 and 242.129 were in favor
of the proposition voted upon if the city has an adequate police force under
KRS 95.761 to 95.784.
Notwithstanding subsection (1) of this section, NQ2 retail drink licenses may be
issued to qualifying premises located within a city, or in a county, if the city or
county has enacted an economic hardship ordinance under KRS 243.072.
(a) Quota retail package licenses may be issued only for premises located
within incorporated cities, or elsewhere in counties containing an
urban-county government or a city with a population equal to or greater
than eight thousand (8,000) based upon the most recent federal
decennial census if those counties maintain an adequate police force
under KRS 70.540 and 70.150 to 70.170.
(b) If one (1) or more quota retail package licenses have been issued to
establishments in a county that does not contain a city meeting the
population requirements of paragraph (a) of this subsection prior to
January 1, 2015, then that county shall continue to be treated in a manner
as if the county meets the qualifications of paragraph (a) of this
subsection.
Notwithstanding subsection (4) of this section, the department may, after a field
investigation, issue a quota retail package license to premises not located
within any city if the county maintains an adequate police force under KRS
70.540 and 70.150 to 70.170, and if:
(a) Substantial aggregations of population would otherwise not have
reasonable access to a licensed vendor;
(b) The premises to be licensed under this subsection shall be used
exclusively for the sale of distilled spirits and wine by the package and
malt beverages, where applicable, and shall not be used in any manner,
in connection with a dance hall, roadhouse, restaurant, store, or any other
commercial enterprise, except as a drug store in which a registered
(6)
pharmacist is employed.
No quota retail package license or quota retail drink license for the sale of
distilled spirits or wine shall be issued for any premises used as or in
connection with the operation of any business in which a substantial part of the
commercial transaction consists of selling at retail staple groceries or gasoline
and lubricating oil.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 22, sec. 15, effective July 15, 2014; and ch.
92, sec. 298, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec.
67, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 121, sec. 14,
effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 48, sec. 3, effective July
15, 1994. Amended 1992 Ky. Acts ch. 37, sec. 2, effective July 14, 1992. -Amended 1988 Ky. Acts ch. 24, sec. 2, effective July 15, 1988. -- Amended
1984 Ky. Acts ch. 59, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts
ch. 188, sec. 229, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 96,
sec. 3. -- Amended 1944 Ky. Acts ch. 154, sec. 33. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554b-129,
2554b-154.
Legislative Research Commission Note (1/1/2015). This statute was amended by
2014 Ky. Acts chs. 22 and 92, which do not appear to be in conflict and have
been codified together.
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