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Code · Kentucky · Kentucky Revised Statutes

244.290 Sales of distilled spirits or wine when polls are open permitted in wet or

710 words·~3 min read·/ky/244-290

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

moist territory -- Power of local governments to regulate -- Sunday sales.
(a)A licensee authorized to sell distilled spirits or wine at retail shall be
permitted to sell and deliver distilled spirits and wine during the hours the
polls are open on any primary, or regular, local option, or special election day
unless it is located where the legislative body of a city, urban-county
government, consolidated local government, charter county government,
unified local government, or the fiscal court of a county adopts an ordinance
after June 25, 2013, that prohibits the sale of distilled spirits and wine or
limits the hours and times in which distilled spirits and wine may be sold
within its jurisdictional boundaries on any primary, or regular, local option, or
special election day during the hours the polls are open.
(b)This subsection shall only apply in a wet or moist territory.
(c)Notwithstanding any other provision of the Kentucky Revised Statutes to the
contrary, the fiscal court of a county shall not by ordinance or any other
means:
1. Supersede, reverse, or modify any decision made pursuant to this
subsection by the legislative body of a city within that county; or
2. Impose an action upon a city within that county when that city has taken
no formal action pursuant to this subsection.
(2)In any county containing a city of the first class, or a city with a population equal to
or greater than twenty thousand (20,000) based upon the most recent federal
decennial census in which the sale of distilled spirits and wine by the drink is
permitted under KRS Chapter 242, an election on the question of permitting the sale
of distilled spirits and wine by the drink on Sunday may be held as provided in KRS
Chapter 242.
(3)Except as permitted by KRS 243.050 and subsection
(4)of this section, a licensee
authorized to sell distilled spirits or wine at retail shall not sell or deliver distilled
spirits and wine between midnight and 6 a.m. or at any time during the twenty-four
(24)hours of a Sunday.
(a)A licensee authorized to sell distilled spirits and wine at retail may sell and
deliver distilled spirits and wine on Sunday and during the hours and times as
permitted by local ordinance of the legislative body of a city, urban-county
government, consolidated local government, charter county government,
unified local government, or the county with local jurisdiction. These
ordinances shall not prohibit the sale, gift, or delivery of distilled spirits or
wine between 6 a.m. and 12 midnight any day, except Sunday.
(b)A licensee authorized to sell distilled spirits and wine by the drink at retail
may sell distilled spirits and wine by the drink on Sunday and during the times
and hours as permitted by a local ordinance of the legislative body of an
urban-county government, consolidated local government, charter county
government, unified local government, city, or county with local jurisdiction.
The ordinance shall not prohibit the sale or gift of distilled spirits and wine by
the drink between 6 a.m. and midnight during any day, except Sunday.
(5)In any territory containing a licensed small farm winery that is permitted to sell
alcoholic beverages under KRS Chapter 242, the sale of alcoholic beverages at the
small farm winery on Sunday may be permitted if:
(a)The legislative body of the local government having jurisdiction approves by
local ordinance the sale of alcoholic beverages on Sunday in strict accordance
with the sales permitted by KRS 243.155 on the licensed premises of a small
farm winery during the hours and times as permitted in the local ordinance; or
(b)A limited sale precinct election on the issue of Sunday sales is approved after
meeting the requirements of KRS 242.1241.
(6)In any county containing a city of the first class or in any city located in that county
in which the sale of distilled spirits and wine is permitted under KRS Chapter 242,
the distilled spirits administrator may issue a license to holders of a quota retail
drink license or a special private club license that permits the sale of distilled spirits
and wine by the drink on Sunday from 1 p.m. until the prevailing time for that
locality.
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