Title XX, Alcoholic Beverages

As used in this chapter, unless the context otherwise requires, the words and terms defined in KRS 241.010 have the meaning given to them in KRS 241.010.

(1) A petition for an election shall be signed by a number of constitutionally qualified voters of the territory to be affected, equal to twenty-five percent (25%) of the votes cast in the territory at the last preceding general election. The petition may consist of one (1) or mo…

Publication of notice of request -- Contents of request -- Burden on requestor to show that increase is necessary. (1) A city, including a city located in a wet or dry county, county, or urban-county government authorized by this section shall not file a request with the board se…

drink at qualifying state park. (1) (a) To promote economic development and tourism in any dry or moist county, urban-county government, charter county, consolidated local government, unified local government, or city, in which a state park is located, a local option election for…

(1) The date of the local option election shall be stated in the petition for the local option election. (2) The local option election shall be held not earlier than sixty (60) and not later than one hundred fifty (150) days after the date the petition is filed with the county cl…

Within five (5) days after the county judge/executive orders an election, the county clerk shall give to the sheriff a certified copy of the order. The sheriff shall have the order published pursuant to KRS Chapter 424 in the county. When the election is ordered for the entire co…

The proposition to be voted upon shall be stated without emblems and voters shall designate a "Yes" or a "No" vote. In any election the form of the proposition shall be, "Are you in favor of the sale of alcoholic beverages in (name of county or city)?".

(1) The general election laws, including penalties for violations, shall apply to the election, except where these laws are inconsistent with this chapter. (2) The cost of the election shall be borne by the county.

challengers -- Challengers entitled to same privileges and subject to same duties and penalties as challengers in other elections -- Enforceability in Circuit Court and Court of Appeals. (1) Not more than twenty (20) days prior to an election held under this chapter, any group of…

Precinct election officers to be appointed under KRS 117.045 in years without scheduled elections or when local option election held before March 20. The precinct election officers appointed for a primary and a regular election under KRS 117.045 shall serve as precinct election o…

The result of the election shall be certified by the county board of elections. The certificate of the result shall be immediately filed with the county clerk and the county judge/executive shall have the certificate entered on the order book. The entry of the certificate, or an …

elections -- Recanvass reports. (1) Any qualified voter may demand a recount of the votes or contest the election in the same manner as is provided for the recount of votes or contest of regular elections of county officers by KRS 120.155 to 120.185. The members of the county boa…

marina is located -- Petition language. (1) (a) To promote economic development and tourism in any dry or moist county or city in which a marina is located, a local option election for the sale of alcoholic beverages may be held in a city or county precinct where the marina is lo…

precinct containing golf course -- Petition language. (1) (a) To promote economic development and tourism in any dry or moist county or city, a local option election for the limited sale of alcoholic beverages may be held in any precinct containing a nine (9) or an eighteen (18) …

racetrack. (1) Other provisions of the Kentucky Revised Statutes notwithstanding, a limited sale precinct election may be held in any precinct containing a horse racetrack. Upon approval of the proposition, a Nonquota type 1 retail drink license may be issued in accordance with K…

the territory where the microbrewery is located or proposed. (1) In order to promote economic development and tourism, a dry or moist city, county, urban-county government, charter county, consolidated local government, or unified local government may hold a local option election…

proposed small farm winery located in a dry territory. (1) If a licensed small farm winery is located in a dry or moist territory, the small farm winery shall remain dry or moist unless sales at the small farm winery are approved through a local option election held in accordance…

licensed small farm winery in wet territory. (1) (a) If the sale of alcoholic beverages is permitted at a licensed small farm winery located in a wet or moist territory, a limited sale precinct election may be held to authorize the sale of alcoholic beverages on Sunday at the sma…

qualified historic sites -- Petition language. (1) (a) To promote economic development and tourism in any dry or moist county, urban-county government, charter county, consolidated local government, unified local government, or city, in which a qualified historic site is located,…

qualified distillery -- Petition language. (1) To promote economic development and tourism in any dry or moist county or city in which a distillery is located, a local option election for the sale of alcoholic beverages may be held in a city or county precinct where the distiller…

conjunction with a meal -- Separate local option elections to be held for restaurants seating fifty persons and those seating one hundred persons. (1) (a) In order to promote economic development and tourism, a dry or moist city, county, urban county government, charter county, c…

of city precincts to vote for separate dry status -- Dual status as both wet and moist. (1) A city shall not be deemed to be the "same territory" as that of a county within the meaning of KRS 242.030(3). A city shall have the right to determine its wet or dry status separate from…

adopted. (1) The adoption of urban-county government by a county when the local option status of the county is different from any of the cities contained therein shall not affect the local option status of the county or any of the cities contained therein. The territorial boundar…

Regulatory license fee. (1) Any license issued by a state or local administrator under this section before July 14, 2022, shall: (a) Remain valid and in effect unless the license is surrendered to the department as authorized under KRS Chapters 241 to 244; (b) Continue to be subj…

(1) When a majority of the votes cast at a local option election are in favor of establishing dry territory, the territory shall be dry at the expiration of sixty (60) days from the date of the entry of the certificate of the county board of election commissioners in the order bo…

to be applied precinct-wide -- Exemptions. (1) Notwithstanding KRS 242.125, when the voters of any precinct located either partially or entirely within a qualifying city make KRS 242.220 to 242.430 apply to the precinct, the provisions of KRS 242.220 to 242.430 shall apply throug…

When a majority of the votes cast at an election are in favor of establishing wet or moist territory, the territory shall be wet or moist at the expiration of sixty (60) days from the date of the entry of the certificate of the county board of election commissioners in the order …

become dry or moist -- Recovery of money paid for unexpired period of license -- Issuance of retail alcoholic beverage license in any dry territory prohibited. (1) After a territory becomes dry or moist, any previously issued license that is no longer available in that territory …

Unauthorized traffic in alcoholic beverages in moist territory prohibited -- Unlawful possession prohibited -- Exception for private residence or event. (1) No person in dry territory shall sell, barter, loan, procure for, or provide another, or keep or transport for sale, barter…

A person shall not sell or give any of the articles listed in KRS 241.010(2)(a) to (e) and (h) as not within the definition of alcoholic beverages, knowing that, or under such circumstances that, the seller or giver might reasonably deduce that the purchaser or person to whom the…

prohibited, when -- Same prohibition on contracts or orders to any moist territory unless sale of alcoholic beverages specifically authorized under limited local option election -- Immunity for licensed common carriers -- Absolute defense. (1) No person, while representing either…

Exception for any moist territory where sale of alcoholic beverages specifically authorized under limited local option election -- Immunity for common carriers -- Absolute defense -- Exception for private residence or event. (1) It shall be unlawful for any person to bring into, …

Same prohibition on C.O.D. shipments to any moist territory unless sale of alcoholic beverages specifically authorized under limited local option election - - Immunity for common carriers -- Absolute defense. (1) No person shall sell or deliver any alcoholic beverages that are to…

Exception for receiving or accepting alcoholic beverages to be sold in lawful territory within or without state -- Same prohibition on receiving alcoholic beverages in any moist territory unless sale of alcoholic beverages specifically authorized under limited local option electi…

KRS 242.260 and 242.280 shall not apply to the transportation of alcoholic beverages through dry or moist territory to a point in some other state, or to a point in this state where alcoholic beverages may be lawfully sold; or to the receipt or acceptance by a common carrier from…

The normal restrictions applicable in dry territory shall not apply to any manufacturer who in good faith and in the usual course of trade sells alcoholic beverages of the manufacturer's own make, at his or her manufactory, in quantities of not less than three (3) gallons deliver…

Forfeiture. (1) Any person knowingly or intentionally renting or permitting the use of, or using, any premises, or part thereof, or any vehicle for the purpose of unlawfully selling or transporting or possessing intoxicating liquors in dry territory, shall be guilty of a nuisance…

(1) Any Commonwealth's attorney, county attorney, mayor of a city, or any private citizen may maintain an action in equity in the name of the state upon relation of said officers or citizen against the owner to forfeit property declared a nuisance by KRS 242.310. (2) If the petit…

(1) Upon a judgment of forfeiture under KRS 242.320, the court shall direct the sheriff to sell the property. The sale shall be made in the same manner as sales under execution, and the same fees shall be allowed the officers conducting the sale. (2) The sheriff shall pay first o…

(1) Any Commonwealth's attorney, county attorney or private citizen may maintain an action in equity in the name of the state to enjoin any nuisance described by KRS 242.310. (2) No bond shall be required in instituting proceedings under this section.

(1) If it is made to appear to the satisfaction of the court that a nuisance described by KRS 242.310 exists, a temporary injunction shall forthwith issue, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. I…

(1) When a peace officer discovers any person in dry territory in the act of illegally possessing or transporting alcoholic beverages in any vehicle, he shall at once seize the vehicle and any and all alcoholic beverages found in it and arrest any person or persons in charge ther…

(1) When an officer or any reputable citizen files an affidavit with any Circuit or District Judge, describing premises or a vehicle, where alcoholic beverages are sold, disposed of or possessed in violation of this chapter, the judge shall by his warrant cause the premises or ve…

(1) No property rights other than those in the court of appropriate jurisdiction pursuant to KRS 244.195 shall exist in any alcoholic beverages obtained, possessed, held or used in violation of this chapter. (2) The court, upon conviction of the person arrested, shall order the a…

(1) On a first or second conviction for violation of any of the provisions of this chapter, the court shall require the defendant, in addition to the penalty provided by subsection (1) of KRS 242.990, to execute bond of not less than five hundred ($500) nor more than one thousand…

No witness before a grand jury, court of inquiry or on a trial for any violation of this chapter shall be permitted to refuse to answer any question because the answer will incriminate him, but this evidence shall not be used against him in any subsequent action and he shall not …

The indictment charging the commission of an offense under this chapter need not allege that a vote was taken or an election held in the territory where the offense is alleged to have been committed, but it may simply allege that the act charged was committed in dry or moist terr…

(1) Any person who violates any of the provisions of this chapter, for which no other penalty is herein provided, shall, for the first offense, be guilty of a Class B misdemeanor; for the second offense, he shall be guilty of a Class A misdemeanor; for the third and each subseque…