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ALCOHOLIC BEVERAGES -- LOCAL OPTION

KRS tit. XX, ch. 242
in effect

KRS 242.010 Repealed, 1998

242.010. Repealed, 1998 Catchline at repeal: Definitions. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-1, 2554c-40.

KRS 242.015 Definitions for chapter

242.015. Definitions for chapter 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. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 435, sec. 4, effective July 14, 2000.

KRS 242.020 Petition for election

242.020. Petition for election (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 more separate units, and shall be filed with the county clerk in accordance with this section. (2) (a) Before a petition for election may be presented for signatures, an intent to circulate the petition, including a copy of the unsigned petition, shall be filed with the county clerk by any person or group of persons seeking the local option election. (b) After a petition for a local option election has received no fewer than the number of qualifying signatures required by subsection (1) of this section, the signed petition shall be filed with the county clerk. (c) If the election is to be held on any day other than a primary or regular election date, a person or group of persons seeking the local option election shall post bond with the Circuit Court to cover all costs of the election within five (5) days after the signed petition is filed under paragraph (b) of this subsection. The cost of the election shall be established by the county judge/executive to determine the bond amount. (3) The petition for election, in addition to the signature and legibly printed name of each voter, shall state also the voter's residence address, year of birth, and the correct date upon which the voter's name was signed. (4) No signer of the petition may withdraw his or her name or have it taken from the petition after the petition has been filed. If the name of any person has been placed on the petition for election without that person's authority, the person may appear before the county judge/executive before the election is ordered and upon proof that the person's name was placed on the petition without his or her authority, the person's name and personal information required in subsection (3) of this section shall be eliminated by an order of the county judge/executive. When the person's name and personal information has been eliminated, he or she shall not be counted as a petitioner. (5) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages in (name of territory)?'". No petition for a referendum shall be circulated for more than six (6) months prior to its filing. (6) After a petition for election has been filed in conformity with this section, the county judge/executive shall make an order on the order book of the court directing that the local option questions may be placed on the ballot for the next primary or regular election to be held in that territory. If the date of the local option election stated in the petition as provided in KRS 242.030(1) is a date other than a primary or regular election day, all election costs for such a local option election shall be borne by the person or group of persons who circulated the petition. (7) Substantial compliance with the wording designated under this chapter for a particular type of petition is sufficient to validate the actual wording of the petition. Effective:April 11, 2017 History: Amended 2017 Ky. Acts ch. 190, sec. 1, effective April 11, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 7, effective June 25, 2013. -- Amended 1996 Ky. Acts ch. 63, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 48, sec. 87, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 111, sec. 112, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 374, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-2, 2554c-3.

KRS 242.021 Restriction on frequency of request to increase quota retail licenses -- Publication of notice of request -- Contents of request -- Burden on requestor to show that increase is necessary

242.021. Restriction on frequency of request to increase quota retail licenses -- 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 seeking to increase the number of quota retail package licenses for the city, county, or urban-county government unless at least one (1) year has passed since the certification of the local option election approving alcohol sales that resulted in the establishment of the quota retail package license number that the city, county, or urban-county government seeks to have increased. (2) Prior to making its request, the city, county, or urban-county government shall publish a notice in the newspaper used for its legal notices, advising the general public of the city's, county's, or urban-county government's intent to request additional licenses from the board. (3) The request to the board for a quota increase shall include: (a) A certified copy of the governing body's resolution approving the request; (b) A certified copy of the notice referenced in subsection (2) of this section; and (c) An explanation as to the reason the city, county, or urban-county government meets the criteria established in KRS 241.069 for a quota increase. (4) The city, county, or urban-county government shall bear the burden of showing an increase is necessary. (5) A city, county, or urban-county government shall not petition the board for an increase more than once every three (3) years. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 46, sec. 5, effective April 4, 2024. -- Created 2018 Ky. Acts ch. 154, sec. 6, effective April 14, 2018.

KRS 242.022 Local option election for limited sales of alcoholic beverages by the drink at qualifying state park

242.022. Local option election for limited sales of alcoholic beverages by the 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 the limited sales of alcoholic beverages by the drink may be held in a city, county, urban-county government, charter county, consolidated local government, or unified local government precinct where the state park's qualifying lodge or golf course is located. (b) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election under KRS 242.022 on the following question: 'Are you in favor of the sale of alcoholic beverages by the drink at the state park located in (name of precinct)?'". (2) A local option election for the limited sale of alcoholic beverages by the drink held under subsection (1) of this section shall be conducted in the same manner as specified in KRS 242.020 to 242.040 and 242.060 to 242.120. The form of the proposition to be voted upon shall be "Are you in favor of the sale of alcoholic beverages by the drink at the state park located in the (name of precinct)?". (3) When a majority of the votes cast at an election held under subsections (1) and (2) of this section are in favor of establishing moist territory, the entire state park shall become moist in the manner specified in KRS 242.200. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 19, effective June 29, 2017; and ch. 190, sec. 5, effective April 11, 2017. -- Created 2014 Ky. Acts ch. 20, sec. 2, effective July 15, 2014. Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 62 and 190, which do not appear to be in conflict and have been codified together.

KRS 242.030 Date of local option election

242.030. Date of local option election (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 clerk. (3) No local option election shall be held in the same territory more than once in every three (3) years. (4) In order for the local option election to be held on the day fixed by law for holding a primary, the petition shall be filed not earlier than the first Wednesday after the first Monday in November of the year preceding the day on which the primary is to be held and not later than the last Tuesday in January preceding the day fixed by law for holding the primary. (5) In order for the local option election to be held on the day fixed by law for a regular election, the petition shall be filed not later than the second Tuesday in August preceding the day fixed by law for holding the regular election. Effective: June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 20, effective June 29, 2017; and ch. 190, sec. 2, effective April 11, 2017. -- Amended 1998 Ky. Acts ch. 121, sec. 3, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 384, sec. 375, effective June 17, 1978. -- Amended 1948 Ky. Acts ch. 47, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-4. Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 62 and 190, which do not appear to be in conflict and have been codified together.

KRS 242.040 Advertisement of election

242.040. Advertisement of election 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 county, the sheriff shall also advertise the order by written or printed handbills posted at not less than five (5) conspicuous places in each precinct of the county for two (2) weeks before the election, and, when the election is ordered held in a city, district or precinct, at five (5) conspicuous places in each precinct therein for the same length of time. The sheriff shall report in writing to the county judge/executive that the notices have been published and posted. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 376, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 173. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-5.

KRS 242.050 Form of proposition

242.050. Form of proposition 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)?". Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 62, effective July 15, 1982. -- Amended 1948 Ky. Acts ch. 47, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-6.

KRS 242.060 General election laws apply to elections -- Cost

242.060. General election laws apply to elections -- Cost (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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-7, 2554c-8.

KRS 242.070 Committee favoring or opposing local option proposition to certify 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

242.070. Committee favoring or opposing local option proposition to certify 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 citizens that in good faith favors or opposes the proposition to be submitted may file with the chair of the county board of elections a petition asking that it be recognized as the committee entitled to certify challengers. If more than one (1) group claims the right to certify challengers, the county board of elections shall promptly decide and publicly announce which committee is entitled to certify challengers. That decision shall not be final, but any aggrieved party may appeal to the county judge/executive, and upon hearing the county judge/executive shall determine which group shall be recognized. (2) (a) Each committee is entitled to have up to two (2) challengers at each precinct during the holding of the election. Any group of citizens of the county may recommend to a committee a list of persons whom they desire to have appointed as challengers in each precinct in the county. If more than two (2) such lists are furnished, the committee, in making appointments of challengers, shall alternate between the several lists so furnished so as to give to each list an equal amount or proportion of the appointments. The committee shall not appoint more than one (1) challenger for any precinct from any one (1) list when multiple lists have been submitted. Any lists of challengers shall be presented to the committee within twenty (20) days after the local option petition is filed with the county clerk, and the committee or its chair shall make and certify the appointments and present a list of certified challengers to the county clerk at least twenty (20) days before the date on which the local option election will be held. (b) The appointment of challengers shall be certified in all respects as challengers at regular elections, except as otherwise provided in this section. The challengers shall be registered voters of the county in which the election is held and shall be subject to the same penalties and possess the same rights and privileges as challengers at regular elections, except that the challengers of one (1) committee may not challenge a person because the person offered to vote in a way favorable to the other committee. (c) The provisions of this section shall be enforceable against the chair of each committee by a mandatory summary proceeding instituted in the Circuit Court. The order of the court may be reviewed by the Court of Appeals as provided for the granting or dissolving of temporary injunctions. (3) The challengers shall perform their duties in the same manner and be subject to the same privileges as other challengers at an election including those provided in KRS 117.187 and 117.316 to 117.318. Effective: June 25, 2013 History: Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 8, effective June 25, 2013. -- Amended 1990 Ky. Acts ch. 48, sec. 88, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 360, sec. 63, effective July 15, 1982. -- Amended 1978, Ky. Acts ch. 384, sec. 377, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 219, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-9.

KRS 242.080 Repealed, 2013

242.080. Repealed, 2013 Catchline at repeal: Nomination of officers and issuance of certificates designating challengers, witnesses and guards. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Amended 1990 Ky. Acts ch. 48, sec. 89, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 360, sec. 64, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-10.

KRS 242.090 Regular precinct officers to serve as local option precinct officers -- Precinct election officers to be appointed under KRS 117.045 in years without scheduled elections or when local option election held before March 20

242.090. Regular precinct officers to serve as local option precinct officers -- 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 officers in local option elections. If a local option election is ordered to be held in a year in which there are no elections scheduled or prior to March 20 in a year in which elections are scheduled, precinct election officers shall be appointed in the manner provided under KRS 117.045 for special elections ordered to be held in a year in which there are no elections scheduled. Effective: June 25, 2013 History: Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 9, effective June 25, 2013. -- Amended 1990 Ky. Acts ch. 48, sec. 90, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-11.

KRS 242.100 Repealed, 2013

242.100. Repealed, 2013 Catchline at repeal: Traffic in alcoholic beverage on election day local option election held prohibited. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 121, sec. 4, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 252, sec. 1, effective July 15, 1994. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-14.

KRS 242.110 Certification of results

242.110. Certification of results 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 attested copy thereof, shall be prima facie evidence of the result of the election in actions under this chapter. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 48, sec. 91, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 384, sec. 378, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-12.

KRS 242.120 Recounts and contests -- Creation of recanvass procedures for local option elections -- Recanvass reports

242.120. Recounts and contests -- Creation of recanvass procedures for local option 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 board of election commissioners shall be named as contestees and summons shall be served upon them. Any qualified voter may intervene as contestee by filing a petition to be made a party in the action. (2) (a) The canvass and returns provided for in KRS 242.110 shall constitute the official returns for the local option election, unless before 4 p.m. on the seventh day following the local option election, the county clerk or county board of elections takes notice of a discrepancy in the tally of votes cast in any precinct or number of precincts within the territory voting in the local option election, or a committee favoring or opposing the proposition makes a written request to the county board of elections to check and recanvass the ballots cast, including absentee ballots, of any precinct or any number of precincts involving the local option election. After this time period has elapsed and notice is taken, the county board of elections shall assemble at 9 a.m. on the second day following the filing deadline to request a recanvass, and not sooner, and recheck and recanvass all voting equipment and make a proper return thereof to the county clerk, and the canvass and return shall become the official returns for the election. (b) In making the recanvass, the county board of elections shall make a record of the unique designation or number of the seal upon the voting equipment and, without unlocking the voting equipment against voting, recanvass the votes cast. If, after a recanvass, it is found that the original canvass of the returns has been correctly made from the voting equipment and that there still remains a discrepancy unaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears that the original canvass of the returns by the election officers was incorrect, the returns and all papers being prepared by the county board of elections shall be corrected accordingly. (c) The county board of elections shall, immediately upon receipt of a request for a recanvass, notify the committees favoring or opposing the proposition of the time and place of the recanvass. At the recanvass, the committees favoring or opposing the proposition may be present. The county board of elections shall authorize representatives of the news media to observe the recanvass of the votes cast at the polls in each precinct. Nothing in this section shall prohibit an individual from requesting, in addition to a recanvass, a recount as authorized by KRS Chapter 120. (3) The State Board of Elections shall prescribe through administrative regulations promulgated under KRS Chapter 13A, a form to be used by county boards of election to report all recanvassed votes. The form shall include the following information: (a) The name of the county in which the recanvass was conducted; (b) The date of the report; (c) The date of the local option election; (d) The proposition for which the recanvass was conducted; (e) The names of the leaders of the committees favoring or opposing the proposition being recanvassed; and (f) The votes cast at the polls, absentee votes, and vote totals for each "yes" or "no" vote. The report shall be signed by each member of the county board of elections. (4) The county board of elections shall file its recanvass report as prescribed in administrative regulations promulgated by the State Board of Elections in accordance with KRS Chapter 13A. (5) The State Board of Elections shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish the proper procedures for conducting a local option election recanvass for each type of voting system approved by the State Board of Elections and in use in Kentucky. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 70, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 121, sec. 10, effective June 25, 2013. -- Amended 1982 Ky. Acts ch. 360, sec. 65, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 226, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-13.

KRS 242.122 Local option election for sale of alcoholic beverages in precinct where a marina is located -- Petition language

242.122. Local option election for sale of alcoholic beverages in precinct where a 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 opt ion election for the sale of alcoholic beverages may be held in a city or county precinct where the marina is located, notwithstanding any other provision of the Kentucky Revised Statutes to the contrary. (b) A petition seeking a local option election unde r this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages by the drink and malt beverages by the package at marinas located in (name of precinct)?'". (2) A local option election for the sale of alcoholic beverages held under subsection (1) of this section shall be conducted in the same manner as specified in KRS 242.020, 242.040, 242.060, 242.070, 242.090, 242.110, and 242.120. The form of the proposition to be voted upon shall be "Are you in favor of the sale of alcoholic beverages by the drink and malt beverages by the package at marinas located in the (name of precinct)?". (3) When a majority of the votes cast in an election held under su bsections (1) and (2) of this section are in favor of establishing moist territory, the premises of the marinas located in that precinct shall become moist in the manner specified in KRS 242.200. (4) The election shall not be deemed to be an election in th e "same territory" within the meaning of KRS 242.030(3). Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 151, sec. 9, effective July 15, 2024.

KRS 242.123 Local option election for limited sale of alcoholic beverages in precinct containing golf course -- Petition language

242.123. Local option election for limited sale of alcoholic beverages in 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) hole golf course that meets United States Golf Association criteria as a regulation golf course. (b) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election under KRS 242.123 on the following question: 'Are you in favor of the sale of alcoholic beverages by the drink at a golf course or courses in the (name of precinct)?'". (2) A local option election for the limited sale of alcoholic beverages authorized by subsection (1) of this section shall be held in accordance with KRS 242.020 to 242.040, and 242.060 to 242.120. The form of the proposition to be voted upon shall be: "Are you in favor of the sale of alcoholic beverages by the drink at a golf course or courses in the (name of precinct)?". Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 21, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 22, sec. 2, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 121, sec. 11, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 558, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 411, sec. 1, effective July 14, 2000.

KRS 242.124 Limited sale precinct election for sale of wine at an existing or proposed small farm winery located in a dry territory

242.124. Limited sale precinct election for sale of wine at an existing or 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 with the provisions of this section. (2) A local option election for the limited sale of alcoholic beverages may be held in a dry or moist city or county precinct where a small farm winery is located. (3) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages at a small farm winery or wineries located in (name of precinct)?'". (4) A local option election for the limited sale of alcoholic beverages authorized by subsection (2) of this section shall be held in accordance with KRS 242.020 to 242.040, and 242.060 to 242.120. The form of the proposition to be voted upon shall be: "Are you in favor of the sale of alcoholic beverages at a small farm winery or wineries located in (name of precinct)?". Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 22, effective June 29, 2017. -- Created 2013 Ky. Acts ch. 121, sec. 5, effective June 25, 2013.

KRS 242.125 Separate vote to determine wet, moist, or dry status in cities -- Right of city precincts to vote for separate dry status -- Dual status as both wet and moist

242.125. Separate vote to determine wet, moist, or dry status in cities -- Right 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 a county's wet or dry status. (2) A dry or moist city may hold a local option election to take the sense of the city residents for establishing the city as a wet territory. If the majority of the votes are in favor of establishing the city as a wet territory, the whole city shall become wet territory by application of KRS 242.200. A moist city that becomes wet under this section shall retain its moist status and have dual status as both wet and moist. (3) Once a city becomes wet under this section separate from the county, a countywide local option election establishing the county as dry territory shall not cause the city to become dry territory. (4) Once a city becomes wet under this section separate from a county, a countywide local option election establishing the county as moist territory shall cause the city to have dual status as both wet and moist. (5) A wet city may hold a local option election to take the sense of the city residents for establishing the city as dry or moist territory. If the majority of the votes are in favor of establishing the city as dry, the whole city shall become dry by application of KRS 242.190. A wet city that becomes moist under this section shall retain its wet status and have dual status as both wet and moist. (6) If a city votes to become wet territory, a precinct of the city may hold a later election in conformity with this chapter to take the sense of the city precinct residents for establishing the city precinct as a dry or moist territory. If the majority of the votes are in favor of establishing the city precinct as a dry or moist territory, the city precinct shall become dry or moist territory by application of KRS 242.190. (7) If a city precinct becomes dry or moist territory separate from a wet city, the city precinct may hold a later election in conformity with this chapter, to take the sense of the city precinct residents for reestablishing the city precinct as a wet territory. If the majority of the votes are in favor of reestablishing the city precinct as a wet territory, the city precinct shall become wet territory by application of KRS 242.200. (8) A dry or moist county containing a wet city may hold a local option election to take the sense of the county residents for establishing the county as a wet territory. If the majority of the votes are in favor of establishing the county as a wet territory, the whole county shall become wet territory by application of KRS 242.200. (9) A wet county containing a wet city by separate city election under this section may hold a local option election to take the sense of the county residents for establishing the county as a dry or moist territory. If the majority of the votes are in favor of establishing the county as a dry territory, the county territory outside the separately wet city limits shall become dry by application of KRS 242.190. If the majority of the votes are in favor of establishing the county as moist territory, both the county and city shall retain their wet status and have dual status as both wet and moist. (10) Residents of any city, including a separately wet city, are residents of the county, and shall therefore be permitted to sign any petitions for, and vote in, county local option elections. (11) A petition seeking a wet local option election under this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages in (name of county, city, or precinct)?". (12) In any wet local option election under this section, the form of the proposition to be voted upon shall be: "Are you in favor of the sale of alcoholic beverages in (name of county, city, or city precinct)?". (13) The status of any moist territory approving limited alcoholic beverage sales through a previous election held under KRS 242.022, 242.123, 242.1238, 242.124, 242.1242, 242.1243, 242.1244, and 242.1292, or any other limited local option election, shall not be affected by any outcome of any wet election held under this section. A territory's wet or moist status may only be changed to dry status by a local option election in which the majority of the votes are not in favor of the original same wet or moist election proposition. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 26, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 27, effective July 15, 2016. -- Amended 2014 Ky. Acts ch. 92, sec. 291, effective January 1, 2015. -- Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 15, effective June 25, 2013. -- Amended 1982 Ky. Acts ch. 360, sec. 66, effective July 15, 1982. -- Amended 1966 Ky. Acts ch. 255, sec. 213. -- Amended 1966 Ky. Acts ch. 255, sec. 213. -- Created 1948 Ky. Acts ch. 47, sec. 1.

KRS 242.126 Effect on local option status of a county if urban-county government adopted

242.126. Effect on local option status of a county if urban-county government 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 boundaries in the county shall survive the adoption of urban-county government for purposes of an election pursuant to KRS 242.125. The adoption of urban-county government shall not impede or affect the right of a county or city contained therein to determine its own local option status. (2) No part of this section shall apply to any urban-county government established prior to July 13, 1990. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 292, effective January 1, 2015. -- Created 1990 Ky. Acts ch. 135, sec. 1, effective July 13, 1990.

KRS 242.127 Repealed, 2017

242.127. Repealed, 2017 Catchline at repeal: Sale of distilled spirits or wine by the drink in wet city with population of 3,000 to 7,999 -- Local option election. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 92, sec. 293, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec. 16, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 121, sec. 5, effective July 15, 1998. -- Created 1972 Ky. Acts ch. 96, sec. 1.

KRS 242.129 Repealed, 2017

242.129. Repealed, 2017 Catchline at repeal: Statement of proposition submitted in election. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 360, sec. 67, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 96, sec. 2.

KRS 242.130 Repealed, 2013

242.130. Repealed, 2013 Catchline at repeal: Dry territory may allow sale of 3.2% beer. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-1.

KRS 242.140 Repealed, 2013

242.140. Repealed, 2013 Catchline at repeal: Petition for referendum. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-1.

KRS 242.150 Repealed, 2013

242.150. Repealed, 2013 Catchline at repeal: County judge/executive to order referendum. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Amended 1978 Ky. Acts ch. 384, sec. 379, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c- 1.

KRS 242.160 Repealed, 2013

242.160. Repealed, 2013 Catchline at repeal: Advertisement of referendum. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Amended 1966 Ky. Acts ch. 239, sec. 174. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-1.

KRS 242.170 Repealed, 2013

242.170. Repealed, 2013 Catchline at repeal: Question to be voted on -- Conduct of referendum -- Effect. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-1.

KRS 242.180 Repealed, 2013

242.180. Repealed, 2013 Catchline at repeal: No referendum for three years after territory votes dry. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-1.

KRS 242.185 Repealed, 2013

242.185. Repealed, 2013 Catchline at repeal: Ordinance permitting limited sale of alcoholic beverages by the drink -- Application -- Regulatory fee -- Local option election. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Amended 2000 Ky. Acts ch. 435, sec. 17, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 219, sec. 3, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 176, sec. 1, effective July 15, 1988.

KRS 242.190 Effective date of establishment of dry territory -- Effect of annexation

242.190. Effective date of establishment of dry territory -- Effect of annexation (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 book of the county judge/executive. (2) Upon the annexation of any local option territory by a city, either before July 15, 1980, or subsequent thereto, the annexed territory shall assume the same local option status as the local option status of the annexing city. Nothing in this section shall impair the right of any precinct in the annexed territory to determine its own status with respect to the legal sales of alcoholic beverages in accordance with the provisions of KRS Chapter 242. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 20, effective June 25, 2013. -- Amended 1980 Ky. Acts ch. 92, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 380, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-15.

KRS 242.195 Vote for prohibition in precinct of a city with population of 12,000 or more to be applied precinct-wide -- Exemptions

242.195. Vote for prohibition in precinct of a city with population of 12,000 or more 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 throughout the entire territory of the precinct, except in any area exempted under subsection (2) of this section. For purposes of this section, a "qualifying city" means a city that contains a total population of twelve thousand (12,000) or greater within its municipal boundaries, based on the most recent decennial census. (2) The provisions of KRS 242.220 to 242.430 shall not apply to any of the following that existed in a precinct prior to the submission of a petition under KRS 242.020 for that precinct: (a) An entertainment destination center project meeting the qualifications of KRS 148.853(2)(b); (b) A theme restaurant destination attraction project meeting the qualifications of KRS 148.853(2)(c); or (c) Within the established boundaries of a district of special interest created by the city pursuant to the provisions of KRS 100.203(1)(e) that: 1. Is designated as an entertainment district; and 2. Has a minimum direct investment by the city government in infrastructure or other public space of at least five million dollars ($5,000,000). (3) The boundaries of a district of special interest meeting the qualifications of subsection (2)(c) of this section shall not be enlarged or modified to include any additional territory at any time after the submission of a petition under KRS 242.020 unless the voters of the precinct do not make KRS 242.220 to 242.430 apply to the precinct. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 8, sec. 1, effective June 25, 2013.

KRS 242.200 Discontinuance of dry status in a territory -- Effective date

242.200. Discontinuance of dry status in a territory -- Effective date 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 book of the county judge/executive. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 21, effective June 25, 2013. -- Amended 1978 Ky. Acts ch. 384, sec. 381, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-16.

KRS 242.210 Repealed, 1948

242.210. Repealed, 1948 Catchline at repeal: Effect of county adopting or rejecting prohibition. History: Repealed 1948 Ky. Acts ch. 47, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-17.

KRS 242.220 Invalidity of certain licenses previously issued in wet territory that has become dry or moist -- Recovery of money paid for unexpired period of license -- Issuance of retail alcoholic beverage license in any dry territory prohibited

242.220. Invalidity of certain licenses previously issued in wet territory that has 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 shall become invalid, but the licensee shall be entitled to recover from the county or city to which the license money was paid, a part of the license money proportionate to the unexpired period of the license. (2) No retail alcoholic beverage license shall be issued in any dry territory. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 22, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-15.

KRS 242.230 Traffic in alcoholic beverages in dry territory prohibited -- Unauthorized traffic in alcoholic beverages in moist territory prohibited -- Unlawful possession prohibited -- Exception for private residence or event

242.230. Traffic in alcoholic beverages in dry territory prohibited -- 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, or loan, directly or indirectly, any alcoholic beverage. (2) No person in moist territory shall sell, barter, loan, procure for, or provide another, or keep or transport for sale, barter, or loan, directly or indirectly, any alcoholic beverage unless the sale of that alcoholic beverage has been specifically authorized in that moist territory under a limited local option election. (3) No person shall possess any alcoholic beverage unless it has been lawfully acquired and is intended to be used lawfully, and in any action the defendant shall have the burden of proving that the alcoholic beverages found in his or her possession were lawfully acquired and were intended for lawful use. (4) (a) It shall not be a violation of this section for a person to possess or consume, or to provide alcoholic beverages to others in dry or moist territory, if: 1. The alcoholic beverages were lawfully purchased in wet or moist territory; 2. The alcoholic beverages are not sold to any person in dry or moist territory; 3. Any person possessing or consuming alcohol is twenty-one (21) years of age or older; 4. The possession, consumption, or provision occurs at a private residence or private event, regardless of whether the venue is a public place; and 5. The possession, consumption, or provision does not occur at a public place in violation of KRS Chapter 222. (b) For purposes of this section, an event is public, not private, if any member of the public is permitted to enter or attend the event upon payment of consideration. Effective:April 9, 2019 History: Amended 2019 Ky. Acts ch. 201, sec. 1, effective April 9, 2019. -- Amended 2013 Ky. Acts ch. 121, sec. 23, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-18, 2554c-37.

KRS 242.240 Sale or gift of articles not classed as alcoholic beverages restricted

242.240. Sale or gift of articles not classed as alcoholic beverages restricted 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 article is given intends to use it for beverage purposes. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 28, sec. 4, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 435, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 7, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-40.

KRS 242.250 Distributing, soliciting or receiving contracts or orders in dry territory 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

242.250. Distributing, soliciting or receiving contracts or orders in dry territory 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 the buyer or seller, shall distribute, solicit, or receive contracts, proposals, or orders for the purchase or sale of any alcoholic beverages, or distribute any handbills or posters advertising them in dry territory. (2) Each act of distributing, soliciting, or receiving contracts, proposals, or orders as denounced in subsection (1), and each day in which advertising matter is distributed, shall constitute a separate offense. (3) This chapter shall not prevent any manufacturer of or wholesale dealer in alcoholic beverages, or any authorized agent of either from making contracts of barrel, case, or package lots in any dry or moist territory, if his or her distilleries, breweries, wineries, or warehouses are located in that territory and his or her products are to be shipped into territory, either within or without the state, where alcoholic beverages may lawfully be sold. (4) Subsections (1) and (2) of this section shall also apply to moist territory unless the sale of the alcoholic beverage in question has been specifically authorized in that moist territory under a limited local option election. (5) No properly licensed common carrier or any of its employees acting on behalf of a consignor shall be liable for a violation of this section. (6) Proof that the purchaser represented in writing that the delivery address is located in wet territory shall be an absolute defense to a violation of this section on behalf of a retailer, winery, small farm winery, or distillery in connection with the delivery or shipment of alcoholic beverages purchased at retail. Effective: April 13, 2018 History: Amended 2018 Ky. Acts ch. 164, sec. 9, effective April 13, 2018. -- Amended 2013 Ky. Acts ch. 121, sec. 24, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-19.

KRS 242.260 Transportation and delivery in dry or moist territory prohibited -- 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

242.260. Transportation and delivery in dry or moist territory prohibited -- 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, transfer to another, deliver, or distribute in any dry or moist territory, except as provided in subsection (2) of this section, any alcoholic beverage, regardless of its name. Each package of such beverage so brought, transferred, or delivered in such territory shall constitute a separate offense. Nothing in this section shall be construed to prevent any distiller or manufacturer or any authorized agent of a distiller, manufacturer, or wholesale dealer from transporting or causing to be transported by a licensed carrier any alcoholic beverage to their distilleries, breweries, wineries, or warehouses where the sale of such beverage may be lawful, either in or out of the state. (2) Subsection (1) of this section shall also apply to any moist territory unless the sale of the alcoholic beverage in question has been specifically authorized in that moist territory under a limited local option election. (3) No properly licensed common carrier or any of its employees acting on behalf of a consignor shall be liable for a violation of this section. (4) Proof that the purchaser represented in writing that the delivery address is located in wet territory shall be an absolute defense to a violation of this section on behalf of a retailer, winery, small farm winery, or distillery in connection with the delivery or shipment of alcoholic beverages purchased at retail. (5) It shall not be a violation of this section for a person to bring alcoholic beverages that were lawfully purchased in wet or moist territory into dry or moist territory to a private residence, or to a private event regardless of whether the venue is a public place, for personal consumption or consumption by others so long as the possession, consumption, or provision does not occur at a public place in violation of KRS Chapter 222. For purposes of this subsection, an event is public, not private, if any member of the public is permitted to enter or attend the event upon payment of consideration. Effective:April 9, 2019 History: Amended 2019 Ky. Acts ch. 201, sec. 2, effective April 9, 2019. -- Amended 2018 Ky. Acts ch. 164, sec. 10, effective April 13, 2018. -- Amended 2013 Ky. Acts ch. 121, sec. 25, effective June 25, 2013. -- Amended 1942 Ky. Acts ch. 186, secs. 1 and 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-20. Legislative Research Commission Note. "Alcoholic beverage" has been substituted for "intoxicating liquor" in order to fit the definitions contained in KRS 242.010.

KRS 242.270 C.O.D. shipments of alcoholic beverages in dry territory prohibited -- 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

242.270. C.O.D. shipments of alcoholic beverages in dry territory prohibited -- 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 be paid for on delivery, in dry territory. (2) Such transactions shall be deemed sales at the place where the money is paid or the goods delivered. (3) This section shall also apply to the sale or delivery of any alcoholic beverages that are to be paid for on delivery in moist territory unless the sale of the alcoholic beverage in question has been specifically authorized in that moist territory under a limited local option election. (4) No properly licensed common carrier or any of its employees acting on behalf of a consignor shall be liable for a violation of this section. (5) Proof that the purchaser represented in writing that the delivery address is located in wet territory shall be an absolute defense to a violation of this section on behalf of a retailer, winery, small farm winery, or distillery in connection with the delivery or shipment of alcoholic beverages purchased at retail. Effective: April 13, 2018 History: Amended 2018 Ky. Acts ch. 164, sec. 11, effective April 13, 2018. -- Amended 2013 Ky. Acts ch. 121, sec. 26, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c- 23.

KRS 242.280 Receiving alcoholic beverages from carrier in dry territory prohibited -- 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 election

242.280. Receiving alcoholic beverages from carrier in dry territory prohibited -- 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 election (1) It shall be unlawful for any person of dry territory to receive or accept any alcoholic beverage from a common carrier or from any person who has transported the beverage in or into such territory for compensation, hire, or profit of any kind whatsoever either directly or indirectly. Each and every package of said alcoholic beverage so received or accepted shall constitute a separate offense. Nothing in this section shall be construed to prevent any distiller or manufacturer of alcoholic beverages or any authorized agent of a distiller or manufacturer or wholesale dealer from receiving or accepting any alcoholic beverages which are to be sold in a territory where the sale of such beverages may be lawful either in or out of the state. (2) Subsection (1) of this section shall apply to any moist territory unless the sale of the alcoholic beverage in question has been specifically authorized in that moist territory under a limited local option election. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 27, effective June 25, 2013. -- Amended 1942 Ky. Acts ch. 186, secs. 2 and 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-21. Legislative Research Commission Note. "Alcoholic beverage" has been substituted for "intoxicating liquor" in order to fit the definitions contained in KRS 242.010.

KRS 242.290 Shipments across county and out of dry or moist territory not affected

242.290. Shipments across county and out of dry or moist territory not affected 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 a manufacturer for transportation to a point in another state or to a point in this state where alcoholic beverages may lawfully be sold. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 28, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-22.

KRS 242.300 Manufacture of small quantities not prohibited in dry territory

242.300. Manufacture of small quantities not prohibited in dry territory 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 delivered at one time for immediate transportation, to a point in some other state, or to a point in this state where alcoholic beverages may be lawfully sold. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 29, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-41.

KRS 242.310 Renting of property, or hiring vehicle for transportation is nuisance -- Forfeiture

242.310. Renting of property, or hiring vehicle for transportation is nuisance -- 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 and of a violation of this chapter. (2) Any property so used shall be forfeited to the state. The forfeiture shall extend to the whole of the premises or vehicle owned by the defendant, or to his interest in said property, including all land and buildings in one boundary. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24.

KRS 242.320 Action for forfeiture

242.320. Action for forfeiture (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 petition is filed by a private citizen, it shall not be dismissed except upon a sworn statement made by the citizen and his attorney, setting forth the reasons why same should be dismissed, and except upon approval in writing in open court by the Commonwealth's attorney or the county attorney. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 88, secs. 83 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 83 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

KRS 242.330 Sale of forfeited property and disposition of proceeds

242.330. Sale of forfeited property and disposition of proceeds (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 out of the purchase money any valid recorded liens on the property so sold. The court may in its discretion order a sale subject to the liens. (3) No lien on any property so sold shall be paid unless it is recorded prior to the committing of the nuisance and unless the lienor can establish he had no knowledge of the nuisance. (4) If the petition is filed by a private citizen and a sale ordered, the citizen shall receive ten percent (10%) of the net proceeds of sale of any property under any judgment of forfeiture, after deducting costs and all valid liens. (5) The sheriff, after payment of liens, costs and fees, shall pay the balance of the proceeds of sale to the circuit clerk, who shall transmit the balance as in the case of other forfeitures. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24.

KRS 242.340 Action to enjoin nuisance

242.340. Action to enjoin nuisance (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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-25.

KRS 242.350 Court may enjoin nuisance

242.350. Court may enjoin nuisance (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. If a temporary injunction is prayed for, the court may issue an order restraining all persons from interfering in any way with the alcoholic beverages, fixtures or other things used in connection with the nuisance. (2) It shall not be necessary for the court to find the property involved is being unlawfully used as described in KRS 242.310 at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no alcoholic beverages shall be sold, bartered or stored on the premises or vehicle, or any part thereof. Upon judgment of the court ordering the nuisance abated, the court may order that the premises or vehicle shall not be occupied or used for six (6) months. (3) The court may permit the premises or vehicle to be used if the owner, lessee, tenant or occupant gives bond with sufficient surety, to be approved by the court making the order, in the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), payable to the state and conditioned that alcoholic beverages will not thereafter be sold, bartered, kept or otherwise disposed of on or in the premises or vehicle, and that he will pay all fines, costs and damages that may be assessed for any violation of this chapter on or in the premises or vehicle. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 200, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-25.

KRS 242.360 Illegal transportation of liquor -- Seizure of property

242.360. Illegal transportation of liquor -- Seizure of property (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 thereof. (2) Upon conviction of a person arrested under subsection (1), the court shall order the vehicle seized sold at public auction unless the owner of the vehicle proves that it was being used without his knowledge, consent or approval. (3) The expenses of keeping and selling the vehicle and all valid recorded liens that are established by intervention at a hearing as being bona fide shall be paid out of the proceeds of the sale. The lienor must prove that the property was being used without his knowledge, consent or approval. (4) After the satisfaction of expenses and liens, the court shall direct that the balance of the proceeds be paid to the circuit clerk, who shall transmit the balance as in the case of other forfeitures. The court shall order all sales to be made by the sheriff, who shall receive and be allowed the same fees as allowed for sales under execution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-26.

KRS 242.370 Search and seizure

242.370. Search and seizure (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 vehicle to be searched for the detection of any alcoholic beverages which are possessed, or kept for disposition, in violation of this chapter. (2) Any officer receiving such a warrant shall immediately execute it on the day it is received. (3) If admission is not given on demand, the officers enforcing the warrant shall force an entrance into the premises or vehicle. If the officer finds that alcoholic beverages are being illegally sold, disposed of or possessed, he shall seize the alcoholic beverages, arrest the keeper or person in charge of the premises, vehicle or alcoholic beverages and carry the person arrested and the alcoholic beverages before the judge that has issued the warrant. (4) No search warrant as provided for in this section shall be quashed if it and the affidavit on which it is based are sufficient on the face. If the search warrant is quashed no property taken by virtue of it shall be ordered returned unless the person from whose possession the property was taken both alleges and proves that he was in lawful possession of the property. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 221, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-34.

KRS 242.380 Illegal beverages -- No property rights in -- Exception -- Destruction

242.380. Illegal beverages -- No property rights in -- Exception -- Destruction (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 alcoholic beverages to be destroyed by the sheriff for the county in which the alcoholic beverages were seized. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 132, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 194, sec. 8, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-27.

KRS 242.390 Repealed, 1992

242.390. Repealed, 1992 Catchline at repeal: Reputation of defendant admissible in evidence. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-38. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 242.400 Repealed, 2017

242.400. Repealed, 2017 Catchline at repeal: United States license -- Possession evidence of guilt. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-39.

KRS 242.410 Bond for good behavior upon conviction

242.410. Bond for good behavior upon conviction (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 dollars ($1,000) to be of good behavior for twelve (12) months and not violate any of the provisions of this chapter. If the bond is not executed, the defendant shall be imprisoned in the county jail for sixty (60) days. (2) The order of the trial court, requiring the execution of the peace bond, shall not be subject to appeal and shall not be considered as punishment. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-29.

KRS 242.420 Witness may not refuse to answer

242.420. Witness may not refuse to answer 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 be prosecuted for any offense disclosed in his testimony. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-36.

KRS 242.430 Allegations of indictment

242.430. Allegations of indictment 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 territory and was a violation of this chapter. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 30, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-35.

KRS 242.990 Penalties

242.990. Penalties (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 subsequent offense, he shall be guilty of a Class D felony. (2) Any officer who violates subsection (2) of KRS 242.370 shall be guilty of a violation. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 30, effective July 14, 1992. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 222, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-28, 2554c-32, 2554c-34.

KRS 242.1238 Limited sale precinct election for sale of alcoholic beverages at horse racetrack

242.1238. Limited sale precinct election for sale of alcoholic beverages at horse 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 KRS 243.265. Nothing in this section shall be construed as authorizing the issuance of any alcoholic beverage licenses other than for the premises of a horse racetrack pursuant to KRS 243.260. (2) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages in (official name of the horse racetrack located in the designated precinct)?'". (3) The question shall be presented to the voters in conformance with the requirements of KRS 242.050, except that the form of the proposition shall be, "Are you in favor of the sale of alcoholic beverages in (official name of the horse racetrack located in the designated precinct)?". (4) The election shall be held in the precinct or precincts in the manner prescribed in this chapter. The election shall not be deemed to be an election in the "same territory" within the meaning of KRS 242.030(3). Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 104, sec. 4, effective July 14, 2022. -- Amended 2014 Ky. Acts ch. 92, sec. 290, effective January 1, 2015. -- Created 2013 Ky. Acts ch. 121, sec. 4, effective June 25, 2013.

KRS 242.1239 Local option election for sale of alcoholic beverages by a microbrewery in the territory where the microbrewery is located or proposed

242.1239. Local option election for sale of alcoholic beverages by a microbrewery in 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 on the sale of alcoholic beverages by a microbrewery in the territory where the microbrewery is located or proposed. (2) A petition seeking a local option election under this subsection shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages at a microbrewery located in (name of precinct)?'" (3) The local option election shall be held in accordance with KRS 242.020 to 242.040, and 242.060 to 242.120. The form of the proposition to be voted upon shall be: "Are you in favor of the sale of alcoholic beverages at a microbrewery located in (name of precinct)?" If the majority of the votes in an election held pursuant to this subsection are "Yes," the precinct shall become moist in the manner specified in KRS 242.200, and a nonquota type 4 retail malt beverage drink license and a nonquota retail malt beverage package license may be issued to a microbrewer located within the precinct. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 102, sec. 8, effective July 15, 2020.

KRS 242.1241 Limited sale precinct election for sale of alcoholic beverages on Sunday at licensed small farm winery in wet territory

242.1241. Limited sale precinct election for sale of alcoholic beverages on Sunday at 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 small farm winery. (b) A local option election authorized under this subsection shall be held in accordance with KRS 242.020 to 242.040, and 242.060 to 242.120. (c) The petition seeking a limited sale precinct election under this section shall state, "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages on Sunday at a small farm winery located in (name of precinct)?'" (d) If the precinct contains a licensed small farm winery, the proposition to be voted on in the limited sale precinct election shall state, "Are you in favor of the sale of alcoholic beverages on Sunday at a licensed small farm winery or wineries located in (name of precinct)?" (2) A limited sale precinct election to authorize Sunday sales at a small farm winery may be held less than three (3) years after a local option election held in accordance with KRS 242.124 to authorize the sale of alcoholic beverages at that small farm winery. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 7, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 23, effective June 29, 2017. -- Created 2014 Ky. Acts ch. 115, sec. 2, effective July 15, 2014.

KRS 242.1242 Local option election for limited sale of alcoholic beverages at qualified historic sites -- Petition language

242.1242. Local option election for limited sale of alcoholic beverages at 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, a local option election for the limited sales of alcoholic beverages by the drink may be held in the precinct of the county, urban-county government, charter county, consolidated local government, or unified local government where the qualified historic site is located, notwithstanding any other provision of the Kentucky Revised Statutes. (b) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election under this section on the following question: 'Are you in favor of the sale of alcoholic beverages by the drink at qualified historic sites in (name of precinct)?'". (2) A local option election for the limited sale of alcoholic beverages by the drink held under subsection (1) of this section shall be conducted in the same manner as specified in KRS 242.020 to 242.040; and 242.060 to 242.120. The form of the proposition to be voted upon shall be "Are you in favor of the sale of alcoholic beverages by the drink at qualified historic sites in the (name of precinct)?". Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 24, effective June 29, 2017; and ch. 190, sec. 3, effective April 11, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 13, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 560, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 99, sec. 2, effective June 26, 2007. Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 62 and 190, which do not appear to be in conflict and have been codified together.

KRS 242.1243 Local option precinct election for limited sale of alcoholic beverages at qualified distillery -- Petition language

242.1243. Local option precinct election for limited sale of alcoholic beverages at 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 distillery is located, notwithstanding any other provision of the Kentucky Revised Statutes. (2) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages at distilleries located in (name of precinct)?'". (3) When a majority of the votes cast in an election held under subsections (1) and (2) of this section are in favor of establishing moist territory, the premises of the distilleries located in that precinct shall become moist in the manner specified in KRS 242.200. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 1, effective July 15, 2020. -- Created 2016 Ky. Acts ch. 80, sec. 26, effective July 15, 2016.

KRS 242.1244 Local option for limited sale of alcoholic beverages purchased in conjunction with a meal -- Separate local option elections to be held for restaurants seating fifty persons and those seating one hundred persons

242.1244. Local option for limited sale of alcoholic beverages purchased in 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, consolidated local government, or unified local government may hold a local option election on the sale of alcoholic beverages by the drink at restaurants that seat a minimum of fifty (50) persons and derive a minimum of seventy percent (70%) of their food and alcoholic beverage receipts from the sale of food if alcoholic beverages are purchased in conjunction with a meal. A petition seeking a local option election under this subsection shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages by the drink at restaurants with a seating capacity of at least fifty (50) persons and which derive at least seventy percent (70%) of their food and alcoholic beverage receipts from the sale of food if the alcoholic beverage is purchased in conjunction with a meal?'". (b) The local option election shall be held in accordance with KRS 242.020 to 242.040, and 242.060 to 242.120. The form of the proposition to be voted upon shall be: "Are you in favor of the sale of alcoholic beverages by the drink in (name of city or county) at restaurants with a seating capacity of at least fifty (50) persons and which derive at least seventy percent (70%) of their food and alcoholic beverage receipts from the sale of food if the alcoholic beverage is purchased in conjunction with a meal?". If the majority of the votes in an election held pursuant to this subsection are "Yes," licenses may be issued to qualified restaurants. (2) (a) 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 on the sale of alcoholic beverages by the drink at restaurants and dining facilities which seat a minimum of one hundred (100) persons and derive a minimum of seventy percent (70%) of their food and alcoholic beverage receipts from the sale of food. (b) A petition seeking a local option election under this subsection shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages by the drink in (name of city or county) at restaurants and dining facilities with a seating capacity of at least one hundred (100) persons and which derive at least seventy percent (70%) of their food and alcoholic beverage receipts from the sale of food?'". (c) The local option election shall be held in accordance with KRS 242.020 to 242.040, and 242.060 to 242.120. The form of the proposition to be voted upon shall be: "Are you in favor of the sale of alcoholic beverages by the drink in (name of city or county) at restaurants and dining facilities with a seating capacity of at least one hundred (100) persons and which derive at least seventy percent (70%) of their food and alcoholic beverage receipts from the sale of food?". If the majority of the votes in an election held pursuant to this subsection are "Yes," licenses may be issued to qualified restaurants and dining facilities. (3) A local option proposition under subsection (1) of this section is a separate proposition than a local option proposition held under subsection (2) of this section, so that a separate limited local option election under each subsection is permitted. A territory may, by separate limited local option elections, simultaneously allow alcoholic beverage sales under subsections (1) and (2) of this section. A territory may also hold a limited local option election to allow alcoholic beverage sales under either subsection (1) or (2) of this section without authorizing alcoholic beverage sales under the other subsection. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 25, effective June 29, 2017; and ch. 190, sec. 4, effective April 11, 2017 -- Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 14, effective June 25, 2013. -- Created 2007 Ky. Acts ch. 99, sec. 8, effective June 26, 2007. Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 62 and 190, which do not appear to be in conflict and have been codified together.

KRS 242.1292 Licenses issued to limited sales precincts prior to July 14, 2022 -- Regulatory license fee

242.1292. Licenses issued to limited sales precincts prior to July 14, 2022 -- 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 subject to the regulatory license fee assessed under KRS 243.075, and the jurisdiction that issued the license may continue to assess the regulatory license fee; and (c) Not count toward the total for any other city, county, or state license limits. (2) (a) Notwithstanding any limitations imposed on the city's taxing or licensing power by KRS 243.070, for any city with a limited sale precinct established as wet territory under this section prior to July 14, 2022, the governing body of the city may continue to impose a regulatory license fee upon the gross receipts of each establishment located in said city licensed to sell alcoholic beverages. (b) The regulatory license fee may be levied at the beginning of each city budget period at the percentage rate reasonably estimated to fully reimburse the city for the estimated costs of any additional policing, regulatory, or administrative expenses related to the sale of alcoholic beverages in the city. (c) The regulatory license fee shall be in addition to any other taxes, fees, or licenses permitted by law, but a credit against the fee shall be allowed in an amount equal to any licenses or fees imposed by the city pursuant to KRS 243.070. Effective: July 14, 2022 History: Repealed and reenacted 2022 Ky. Acts ch. 104, sec. 1, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 62, sec. 27, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 92, sec. 294, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec. 17, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 121, sec. 6, effective July 15, 1998; and ch. 248, sec. 1, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 360, sec. 68, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 80, sec. 1, effective July 15, 1980. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 121 and 248. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 248, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 242.1293 Repealed, 1980

242.1293. Repealed, 1980 Catchline at repeal: Election in county with city of second class with prohibition for limited sale by the drink for on-premises consumption. History: Repealed 1980 Ky. Acts ch. 80, sec. 2, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 432, sec. 6.

KRS 242.1294 Repealed, 2022

242.1294. Repealed, 2022 Catchline at repeal: Statement of proposition submitted in election. History: Repealed 2022 Ky. Acts ch. 104, sec. 6, effective July 14, 2022. -- Amended 1982 Ky. Acts ch. 360, sec. 69, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 227, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 432, sec. 7, effective June 17, 1978.

KRS 242.1296 Repealed, 2022

242.1296. Repealed, 2022 Catchline at repeal: Requisites for subsequent elections. History: Repealed 2022 Ky. Acts ch. 104, sec. 6, effective July 14, 2022. -- Amended 1984 Ky. Acts ch. 111, sec. 113, effective July 13, 1984. -- Created 1978 Ky. Acts ch. 432, sec. 9, effective June 17, 1978.

KRS 242.1297 Repealed, 2015

242.1297. Repealed, 2015 Catchline at repeal: Election in a precinct in a city of the third class where the entire city is wet territory. History: Repealed 2014 Ky. Acts ch. 92, sec. 314, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec. 19, effective June 25, 2013. -- Amended 2000 Ky. Acts ch. 435, sec. 5, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 248, sec. 2, effective July 15, 1998.

KRS 242.1298 Repealed, 2022

242.1298. Repealed, 2022 Catchline at repeal: Moist territory resulting from a special limited local option election to remain dry except for specific type of sales authorized by the election proposition - - Limited local option election to return moist territory to dry status at later date. History: Repealed 2022 Ky. Acts ch. 104, sec. 6, effective July 14, 2022. -- Created 2013 Ky. Acts ch. 121, sec. 6, effective June 25, 2013.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38392Fetched: 10/20/2026

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