243.0341 Proposal of ordinance authorizing by the drink sales of alcoholic

338 words·~2 min read·/ky/243-0341

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

beverages in restaurants and dining facilities containing seating for at least

fifty persons -- Qualifications -- Conditions -- Limited effect of ordinance.

(1)Notwithstanding any other provision of law, the following local governments may

elect to act under this section:

(a)Any city or county that conducted an election under KRS 242.1244(2) prior to

January 1, 2016, for by the drink sales of alcoholic beverages in restaurants

and dining facilities seating one hundred

(100)persons or more; or

(b)Any city with limited sale precincts created pursuant to KRS 242.1292 prior

to July 14, 2022.

(2)Upon a determination by the legislative body of a city or county that:

(a)An economic hardship exists within the city or county; and

(b)Expanded sales of alcoholic beverages by the drink could aid in economic

growth;

the city or county may, after conducting a public hearing that is noticed to the

public in accordance with the KRS Chapter 424, adopt an ordinance authorizing by

the drink sales of alcoholic beverages in restaurants and dining facilities containing

seating for at least fifty

(50)persons and meeting the requirements of subsection

of this section.

(3)The ordinance enacted by a city or county pursuant to subsection

(2)of this section

shall authorize the sale of alcoholic beverages under the following limitations:

(a)Sales shall only be conducted in restaurants and other dining facilities meeting

the requirements of KRS 241.010(39)(a); and

(b)The provisions of KRS 243.034 shall apply to any restaurant or dining facility

operating under a license issued pursuant to this section.

(4)A city or county acting under this section may allow limited restaurant sales as

defined in KRS 241.010(39).

(5)The enactment of an ordinance under this section shall not:

(a)Modify the city's or county's ability to issue a limited restaurant license to

restaurants or other dining facilities meeting the requirements of KRS

241.010(39)(b); or

(b)Affect, alter, or otherwise impair any license previously issued to a restaurant

or dining facility meeting the requirements of KRS 241.010(39)(b).