242.350 Court may enjoin nuisance.

277 words·~1 min read·/ky/chapter-242/242-350

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

(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

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.