2014 Kentucky Revised Statutes
CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS
244.480 Sales of malt beverages when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales.

Download as PDF 244.480 Sales of malt beverages when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales. (Effective January 1, 2015) (1) (2) (3) (4) (5) Except as provided in subsection (4) of this section, no brewer or distributor shall deliver any malt beverages on Sunday or between the hours of midnight and 6 a.m. on any other day. Except as provided in subsection (4) of this section, no retailer shall sell, give away, or deliver any malt beverages between midnight and 6 a.m. or at any time during the twenty-four (24) hours of a Sunday. (a) A retailer may sell malt beverages during the hours the polls are open on a primary, or regular, local option, or special election day unless the retailer is located where the legislative body of an urban-county government, consolidated local government, charter county government, unified local government, city containing a population equal to or greater than three thousand (3,000) based on the most recent federal decennial census, or the fiscal court of a county containing such a city, in which traffic in malt beverages is permitted by KRS Chapter 242 has adopted an ordinance that prohibits the sale of alcoholic beverages or limits the hours and times in which alcoholic beverages may be sold within its jurisdictional boundaries on any primary, or regular, local option, or special election day. (b) This subsection shall only apply in a wet or moist territory. (c) Notwithstanding any other provisions of the Kentucky Revised Statutes to the contrary, the fiscal court of a county 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 within that county; or 2. Impose an action upon a city within that county when that city has taken no formal action pursuant to this subsection. The legislative body of an urban-county government, consolidated local government, charter county government, unified local government, city with a population equal to or greater than three thousand (3,000) based on the most recent federal decennial census, or county containing such a city, in which traffic in malt beverages is permitted by KRS Chapter 242, shall have the exclusive power to establish the times in which malt beverages may be sold within its jurisdictional boundaries, including Sunday and any primary, or regular, local option, or special election day sales if the hours so fixed shall not prohibit the sale, gift, or delivery of any malt beverages between 6 a.m. and midnight during any day, except Sunday. Any city or county that has lawfully enacted a regulatory ordinance pursuant to this section prior to August 1, 2014, shall be deemed to meet the requirements for doing so set out in this section and may continue to enforce the ordinance pursuant to the provisions of this section. Effective:January 1, 2015 History: Amended 2014 Ky. Acts ch. 22, sec. 24, effective July 15, 2014; and ch. 92, sec. 301, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec. 96, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 99, sec. 12, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 522, sec. 24, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 252, sec. 3, effective July 15, 1994. -Amended 1982 Ky. Acts ch. 411, sec. 3, effective July 15, 1982. -- Amended 1944 Ky. Acts ch. 154, sec. 28. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-207. 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.