2016 Kentucky Revised Statutes CHAPTER 241 - ALCOHOLIC BEVERAGES -- ADMINISTRATION AND CONTROL .075 Location of quota retail package licenses and quota retail drink licenses in cities of the first class or consolidated local governments.
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241.075 Location of quota retail package licenses and quota retail drink licenses in
cities of the first class or consolidated local governments.
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The State Alcoholic Beverage Control Board shall, for the purpose of regulating the
location of quota retail package licenses and quota retail drink licenses in cities of
the first class or consolidated local governments, divide such cities or consolidated
local governments into "downtown business areas" and "combination business and
residential areas."
No quota retail package or quota retail drink license shall be granted or issued to
any licensee who proposes to sell distilled spirits and wine by the package or by the
drink at a location within seven hundred (700) feet of the location of any similar
establishment in any combination business and residential area, nor shall such
license be granted or issued to any licensee who proposes to operate at a location in
a combination business and residential area within seven hundred (700) feet of a
similar establishment located in a downtown business area. This section shall not
affect location of such establishments in downtown business areas of such cities or
consolidated local governments.
The distance between locations of similar establishments as prescribed by this
section shall be measured by following the shortest route of ordinary pedestrian
travel along public thoroughfares from the nearest point of any present location of
any such similar place of business to the nearest point of any proposed location of
any such place of business. The measurement shall be taken from the entrance of
the existing licensed premises to the entrance of any proposed location.
The location of all establishments licensed to sell at retail distilled spirits by the
package or by the drink, or both, on June 17, 1954, shall not be affected by the
terms of this section and this section shall not apply to existing licensed locations or
to the renewal of licenses therefor, or to transfers thereof. The distance limitation
prescribed by this section shall not affect any existing licensed location, nor the
right of the owner thereof to renew or transfer the license for such location. The
location of any such existing license shall not be transferred to a new location in
violation of this section, except that the location of any presently existing license or
renewal thereof in case of destruction of property or loss of lease through failure of
the landlord to renew such lease may be transferred to a location which is not closer
than half the distance between the existing licensed premises and the nearest similar
licensed premises.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 3, effective June 25, 2013. -- Amended
2002 Ky. Acts ch. 346, sec. 214, effective July 15, 2002. -- Created 1954 Ky. Acts
ch. 62, secs. 1, 2, 3, and 4, effective June 17, 1954.
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