Title XX, Alcoholic Beverages

As used in KRS Chapters 241 to 244, unless the context requires otherwise: (1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from whatever source or by whatever process it is produced; (2) "Alcoholic beverage" means every liquid, solid, powder, or crys…

of -- Appointment, qualifications, powers, and compensation of commissioner. There is created a Department of Alcoholic Beverage Control, which shall constitute a statutory administrative department of the state government within the meaning of KRS Chapter 12. The department cons…

of taxes -- Advisory opinions, rulings, and administrative regulations -- Department to administer statutes relating to cannabis-infused beverages -- Divisions of Distilled Spirits, Malt Beverages, and Tobacco, Nicotine, and Vapor Product Licensing. (1) The department shall admin…

The Alcoholic Beverage Control Board shall consist of the commissioner of alcoholic beverage control and two (2) persons appointed by the secretary of the Public Protection Cabinet with the approval of the Governor, who shall be persons with administrative experience in the field…

Each member of the board, before entering upon his duties, shall take the oath prescribed by Section 228 of the Constitution.

The board shall have the following functions, powers, and duties: (1) To promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, the supervision and control of the use, manufacture, sale, transportation, …

containing cities of first class. (1) The number of quota retail package licenses issued by the Alcoholic Beverage Control Board to licensees in counties containing cities of the first class, and including such cities, shall not exceed a number equal to one (1) for every one thou…

containing a city of the first class -- Exceptions -- Construction of section -- Reduction of quota licenses -- Superseding and replacing wet city quota in dry county that becomes wet. (1) The number of quota retail package licenses issued by the department in any wet county shal…

wet separate from its county in local option election -- Exceptions -- Construction of section -- Reduction of quota licenses -- Superseding and replacing wet city quota in dry county that becomes wet. (1) The number of quota retail package licenses issued by the department in an…

For the purposes of administering KRS 241.066 and 241.067: (1) The population data shall be based on a wet county's or city's annual population estimates prepared by the Kentucky State Data Center at the University of Louisville in every year except a federal decennial census yea…

considered by board -- Effect of decision by board to grant or deny quota increase. (1) Any city, including any city located in a wet or dry county, county, or urban-county government may petition the board: (a) For an increase in the number of quota retail package licenses avail…

as to issuance of licenses. The distilled spirits administrator may approve and issue or deny any state license authorizing traffic in distilled spirits and wine or in cannabis-infused beverages. The malt beverages administrator may approve and issue or deny any state license aut…

(1) State administrators and all investigators shall have the full police powers of peace officers, except as provided in subsection (2) of this section, and their jurisdiction shall be coextensive with the state. They may inspect any premises where alcoholic beverages are manufa…

and employees to comply with Executive Branch Code of Ethics -- Penalties. The commissioner, distilled spirits administrator, malt beverage administrator, and all department employees shall comply with the Executive Branch Code of Ethics codified in KRS Chapter 11A. A board membe…

other than county judge/executive -- Investigators and clerks -- Powers and jurisdiction -- Constitutional oath. (1) (a) The fiscal court of any county in which traffic in alcoholic beverages is not forbidden under KRS Chapter 242 may by resolution declare that regulation of the …

Appointee. (1) The county judge/executive shall be disqualified to act as county administrator by any fact that would disqualify a person under KRS 241.100 from acting as a member of the board. (2) If he is disqualified to act as county administrator, or if a vacancy in that offi…

Each county administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. Each county administrator shall have the same duties and functions regarding local license penalization as the bo…

Appeals from a decision or order of a county administrator may be taken to the board by filing a notice of appeal with the board within thirty (30) days after the decision or order of the county administrator is mailed or delivered by personal service. The notice of appeal shall …

consolidated local governments required to have city administrators -- City administrators permitted in smaller cities. (1) The legislative body of any wet or moist city with a population equal to or greater than three thousand (3,000) or a consolidated local government shall by …

consolidated local government -- Police powers -- Right to inspect premises -- Appointment in other cities -- Qualifications of city administrators and employees -- Constitutional oath. (1) (a) The city administrator in each city of the first class or the administrator in a conso…

Each city administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. Each city administrator shall have the same duties and functions regarding local license penalization as the board …

Appeals from a decision or order of each city administrator may be taken to the board by filing a notice of appeal with the board within thirty (30) days after the decision or order of the city administrator is mailed or delivered by personal service. The notice of appeal shall s…

The legislative body of any urban-county government in which traffic in alcoholic beverages is not forbidden by KRS Chapter 242 shall by ordinance create the office of urban-county alcoholic beverage control administrator.

Police powers -- Constitutional oath. (1) (a) The urban-county administrator in each urban-county government and any investigators and clerks deemed necessary for the proper conduct of the office, shall be appointed by the mayor. (b) The urban-county administrator, and the urban-…

Each urban-county administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. Each urban-county administrator shall have the same duties and functions regarding local license penalizati…

Appeals from a decision or order of each urban-county administrator may be taken to the board by filing a notice of appeal with the board within thirty (30) days after the decision or order of the urban-county administrator is mailed or delivered by personal service. The notice o…

Any person who after an opportunity to be heard is found by the commissioner to have violated any of the provisions of KRS 241.100, or acted as county administrator in violation of subsection (1) of KRS 241.120, or acted as city administrator or a city employee in violation of su…

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…