Election Day Alcohol Sales
The primary election is on May 21. With so many new city officials coming on board after the LAST election, KLC wanted to remind our cities of the laws governing the sale of alcohol on election day found at KRS 244.290 and KRS 244.480.
Absent a local ordinance to the contrary, a licensee authorized to sell distilled spirits and wine at retail is permitted to remain open during the hours the polls are open on any primary, or regular, local option, or special election day. KRS 244.290 applies to both retail by the drink licensees and retail package licensees. A city is free however to adopt an ordinance that prohibits the sale of distilled spirits and wine or limits the hours and times of sales within the city while polls are open on election day. KRS 244.290(1)(a).
Similarly, a malt beverage retailer licensee may sell malt beverages during the hours the polls are open on a primary, or regular, local option, or special election day. KRS 244.280 applies to all retail malt beverage licensees. The city in which the traffic in malt beverages is permitted by KRS Chapter 242 may adopt an ordinance that prohibits the sale of alcoholic beverages or limits the hours and times during which alcoholic beverages may be sold in the city on election day. KRS 244.480(3)(a).
If you have any questions, please contact the KLC Department of Municipal Law and Training at 800-876-4552.