Quota Retail by the Drink Change
As of June 7, 2018, quota retail drink licenses are now treated the same as all other alcohol licenses that cities may issue due to the regulatory repeal of 804 KAR 9:050. This means that any city that does not have a limitation on the number of quota retail by the drink licenses placed upon them by statute, like the City of Ashland does, may issue these licenses in the same manner that any other alcohol license sought from the city is issued.
In the last legislative session, Senate Bill 110 codified the quota system as to quota retail package licenses leaving the status of quota retail drink licenses relatively unchanged. Therefore the regulatory repeal now means that the license is treated the same as the other 28 city alcohol licenses that a city may currently issue under KRS 243.070.
Should you have any questions, please contact the KLC Legal Department at 800-876-4552
SB 13 Changes To Alcohol Statutes Now In Effect!
The extensive changes to the alcohol beverage control laws enacted by SB 13 in the 2013 regular legislative session are now in effect, and cities should be working towards updating their ordinances to comply with the new requirements. To help you navigate the new statute changes, KLC has created a chart designed to serve as a basic reference for cities as they amend or adopt ordinances and regulations to comply with SB 13. The chart lists, in numerical order, the statutes affected by SB 13.
You can use the chart to locate the previous statute number, the action taken by SB 13 regarding that statute, the most applicable section of SB 13, and the new statutory reference numbers, if any. You will notice that several repealed statutes reference the notes following the chart, which provide clarification and multiple new statute references. Newly enacted statutes are also located in the chart, in numerical order. If a statute is not listed on the chart, it was not affected by SB 13 and the language remains the same.
The chart and accompanying notes are intended to assist you with the ABC transitions necessitated by SB 13. If your ordinance and forms reference old statute numbers that were affected by SB 13, you will find them in the chart. Keep in mind that in addition to a statutory citation, the language in your ordinances will need to be updated to comply with any statutory amendments, repeals, or enactments associated with the old statute numbers. Additionally, at times city ordinances do not reference statute numbers, but still need to be altered. Please review your ordinances carefully with your city attorney, utilizing both this chart and the SB 13 Fact Sheet and Informational Guide provided by the state ABC, as you make changes to your ordinances and forms.
You can access the chart at SB 13 Statute Reference Chart. Contact the KLC Member Legal Services Department with any questions.
Alcohol Sales on Election Day
Senate Bill 13, passed in the 2013 legislative session, made many changes to the statutes governing alcoholic beverage control, including an amendment to the statute governing election day alcohol sales. Cities that permit alcohol sales in whole or in part should be aware that KRS 244.290 has been amended to permit the sale of distilled spirits and wine during the hours polls are open on any primary, regular, local option or special election day in those territories where some sort of alcohol sales are permitted.
However, the legislative body of a first through fourth class city, as well as the fiscal court of any county containing a city of the first four classes, may adopt or amend an ordinance to prohibit or limit the hours and times in which alcohol may be sold during poll hours. If a county adopts an ordinance limiting sales during poll hours, it will not be applicable within first through fourth class cities within the county unless the county ordinance is also adopted by the city itself.
Cities of the first four classes that permit some form of alcohol sales and would like to prohibit or limit the hours in which distilled spirits and wine can be sold on election days may contact the KLC Legal Department for sample ordinance language.