December 12, 2016

 Alcohol Sales on Election Day

 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.