KRS § 242.1244 — KY Code / Title XX / Chapter 242 / Section 242.1244
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
Status: in_force

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.