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Alcohol laws of Kentucky: Wikis

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Of the 120 counties in Kentucky, 46 are completely dry, 42 are considered partially dry or "moist", 31 are entirely wet, and one is classified as wet but is actually closer to "moist".[1] A county can be "moist" in several different ways:

  • Under Kentucky Revised Statutes (KRS) 242.123, an individual precinct within any dry territory—which can be a dry county, or a dry portion of an otherwise wet county—that contains a USGA-regulation golf course may vote to allow the sale of alcoholic beverages by the drink on that specific course. As of the last officially published update on Kentucky wet and dry counties by the Kentucky Office of Alcoholic Beverage Control (ABC) in October 2009, 18 golf courses in 12 different counties were approved for such sales.[1]
  • KRS 243.155 allows individual precincts within dry territory to vote to allow a "small farm winery" to operate within the precinct. Once approved, a winery not only can produce and sell wine on its premises but also can apply for a license to sell wine and beer by the drink in a restaurant located on its premises. As of October 2009, 18 wineries were operating in 15 counties under this statute.[1] At that time, two new wineries had been approved by voters, but for various reasons had not begun operation.[1] KRS 243.154 allows a wholesale distributor of wine produced in small farm wineries to operate in dry territory.
  • Two different statutes authorize local option elections for sales of alcohol by the drink in restaurants:
    • KRS 242.185(6) requires that restaurants seat at least 100 patrons and derive at least 70% of their total sales from food to be allowed to serve alcohol by the drink. (For the purpose of determining whether a restaurant meets the 70% requirement, sales of non-alcoholic beverages are classified as "food".) The Kentucky ABC listed 22 cities and three counties that had voted to approve such sales as of October 2009.[1] The most recent areas to authorize such sales were the cities of Dry Ridge and Russell, which both approved limited restaurant sales on November 4, 2008.[2]
    • KRS 242.1244, enacted into law in June 2007, also requires that restaurants derive at least 70% of their total sales from food, but lowers the seating limit to 50 patrons. Restaurants licensed under this statute are not allowed to have separate bars, and can only serve alcohol to customers who purchase a meal, and only during a time frame that starts with the serving of the meal and ends 30 minutes after the customer finishes his or her meal. The first jurisdiction to approve sales under this statute was the city of Campbellsville.[1]
  • Nineteen cities in all are wet cities located in dry counties. An otherwise dry county for general retail sales that contains a wet city is also known as a moist county. The only such county with two wet cities is Hopkins County, in which both Dawson Springs and Madisonville allow full retail alcohol sales.[1]
  • KRS 242.1242, enacted into law in June 2007, allows precincts in dry territory that also house a "qualified historic site"—defined in KRS 241.010(34) as either a site listed on the National Register of Historic Places or a National Historic Landmark, which also includes dining facilities for at least 50 patrons plus lodging—to hold a local option election to allow sales of alcohol by the drink at qualified sites in that precinct. The first such election was held in the North Burgin precinct of Mercer County on November 6, 2007, in which voters approved such sales at the Shaker Village of Pleasant Hill, the largest restored Shaker settlement in the U.S.[3]
  • McCracken County, although officially classified as "wet", is actually closer to "moist". The county as a whole is dry; however, its county seat of Paducah is wet, as are five county precincts outside of Paducah.[1]
  • Finally, KRS 242.125 allows individual precincts in a city or county to vote dry in a wet city or county. An example of this law was in September 2007, when four precincts in Louisville's west end voted to end liquor sales as a deterrent to crime in the area.

The ABC uses specific terminology to classify counties:

  • Dry — Prohibits all sale of alcoholic beverages, with no exceptions.
  • Wet — A county that allows sale of alcoholic beverages for on-site or off-site consumption in areas outside of an incorporated city. Most "wet" counties, with the notable exception of McCracken County, allow such sales countywide. Kentucky's two consolidated city-county governments, Louisville and Lexington, are both wet, although as noted above, a few precincts in Louisville are dry.
  • Moist — A county in which alcohol sales for off-premises consumption are allowed only in a specific city.
  • Limited — A county in which at least some otherwise dry territory has approved the sale of alcohol by the drink at qualifying restaurants.
  • Golf Course — A county in which at least some otherwise dry territory has approved the sale of alcohol by the drink at a qualifying golf course.
  • Winery — A county in which at least some otherwise dry territory has approved the operation of a winery.
  • Qualified Historic Site — A county in which at least some otherwise dry territory has approved the sale of alcohol by the drink at a qualifying historic site.

A study of about 39,000 alcohol-related traffic accidents in Kentucky found that residents of dry counties are more likely to be involved in such crashes, possibly because they have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure. The study concludes that county-level prohibition is not necessarily effective in improving highway safety.[4]

External Links

References

  1. ^ a b c d e f g h "Wet & Dry Counties in Kentucky as of 10/22/2009" (PDF). Kentucky Office of Alcoholic Beverage Control. 2009-10-22. http://abc.ky.gov/NR/rdonlyres/CEA80E0E-8DD2-4C2C-81CD-C099469CB758/0/Wetdrylist102209.pdf. Retrieved 2010-01-09.  
  2. ^ "ABC Update December 2008" (PDF). Kentucky Office of Alcoholic Beverage Control. http://www.abc.ky.gov/NR/rdonlyres/4344DF91-409A-448E-B91A-CFD3D2780B39/0/December08bevjournforweb.pdf. Retrieved 2009-04-19.  
  3. ^ Kocher, Greg (2007-11-06). "Voters allow Shaker Village to serve alcohol". Lexington Herald-Leader. http://kentucky.com/635/story/223335.html. Retrieved 2007-11-06.  
  4. ^ Schulte, G., et al.. Consideration of driver home county prohibition and alcohol-related vehicle crashes. Accident Analysis & Prevention, 1993, 35(5), 641-648. [1]
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