Unauthorized traffic in alcoholic beverages in moist territory prohibited --
Unlawful possession prohibited -- Exception for private residence or
event.
(1) No person in dry territory shall sell, barter, loan, procure for, or provide
another, or keep or transport for sale, barter, or loan, directly or indirectly, any
alcoholic beverage.
(2) No person in moist territory shall sell, barter, loan, procure for, or provide
another, or keep or transport for sale, barter, or loan, directly or indirectly, any
alcoholic beverage unless the sale of that alcoholic beverage has been
specifically authorized in that moist territory under a limited local option
election.
(3) No person shall possess any alcoholic beverage unless it has been lawfully
acquired and is intended to be used lawfully, and in any action the defendant
shall have the burden of proving that the alcoholic beverages found in his or
her possession were lawfully acquired and were intended for lawful use.
(4) (a) It shall not be a violation of this section for a person to possess or
consume, or to provide alcoholic beverages to others in dry or moist
territory, if:
1. The alcoholic beverages were lawfully purchased in wet or moist
territory;
2. The alcoholic beverages are not sold to any person in dry or moist
territory;
3. Any person possessing or consuming alcohol is twenty-one (21)
years of age or older;
4. The possession, consumption, or provision occurs at a private
residence or private event, regardless of whether the venue is a
public place; and
5. The possession, consumption, or provision does not occur at a
public place in violation of KRS Chapter 222.
(b) For purposes of this section, an event is public, not private, if any
member of the public is permitted to enter or attend the event upon
payment of consideration.
Effective:April 9, 2019
History: Amended 2019 Ky. Acts ch. 201, sec. 1, effective April 9, 2019. --
Amended 2013 Ky. Acts ch. 121, sec. 23, effective June 25, 2013. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs.
2554c-18, 2554c-37.
Notes of Decisions
Grand Aerie Fraternal Order of Eagles v. Carneyhan, 169 S.W.3d 840 (Ky. 2005).
· cites it 2× “KRS 242.230. On the night of April 3, 1994, Jamie Lee Carneyhan, nineteen years of age, consumed alcoholic beverages while attending a social function on premises leased by Aerie 4313.”
Commonwealth v. Trousdale, 181 S.W.2d 254 (Ky. Ct. App. 1944).
· cites it 2× “’ ’ And section 37 of the Act, as incorporated in the Kentucky Revised Statutes as part (2) of section 242.-230, reads: “No person shall' possess any alcoholic beverage unless it has been lawfully acquired and is intended to be used lawfully, and in any action the defendant…”
Carver v. Commonwealth, 634 S.W.2d 418 (Ky. 1982).
“Finally, we are not convinced that movant’s conviction under KRS 242.230 violated her due process and equal protection guarantees.”
Lane v. Commonwealth, 386 S.W.2d 743 (Ky. Ct. App. 1964).
“Appellant was indicted for the offense of transporting alcoholic beverages for the purpose of sale in dry territory, (KRS 242.230). At the trial appellant moved to suppress all evidence obtained as a result of the search of the automobile on the ground that the search was…”
City of Danville v. Dawson, 528 S.W.2d 687 (Ky. Ct. App. 1975).
“KRS 242.230. Eventually she was convicted on the drunk-driving charge, but the trial court directed a verdict of acquittal on the transporting charge after excluding evidence of the liquor and beer upon the ground that it had been obtained by an illegal search in violation of…”
Broughton v. Commonwealth, 596 S.W.2d 22 (Ky. Ct. App. 1979).
“Originally, the appellant was indicted under KRS 242.230 and KRS 242.990 for selling alcohol illegally, the third offense, which is a felony.”
Tuttle v. Commonwealth, 331 S.W.2d 891 (Ky. Ct. App. 1959).
“KRS 242.230, 242.990. The indictment charged Tuttle with possession for sale of 1,201 cans of beer and 25 half pints of- gin on October 28, 1958.”
Gossett v. Commonwealth, 441 S.W.2d 117 (Ky. Ct. App. 1969).
“Walter (Sonny) Gossett was indicted for a third offense violation of the “local option law” (KRS 242.230 and 242.990). He has had two trials.”
Miller v. Commonwealth, 432 S.W.2d 638 (Ky. Ct. App. 1968).
· cites it 2× “Appellant was convicted of having in his possession alcoholic beverages in local option territory in violation of KRS 242.230. From judgment entered pursuant to the jury verdict he appeals.”
Green v. Commonwealth, 413 S.W.2d 329 (Ky. Ct. App. 1967).
“Joe Green has been convicted and sentenced to imprisonment for two years for violation of KRS 242.230 (illegal traffic in intoxicating liquor in local option territory).”
Noble v. Commonwealth, 295 S.W.2d 343 (Ky. Ct. App. 1956).
“Without an allegation that the liquor was possessed for sale (or for some of the other illegal purposes set forth in KRS 242.230) no offense is made out. Furthermore, it is now clear that the accusatory and descriptive parts of the indictment should be read together and…”
Arnold v. Commonwealth, 421 S.W.2d 366 (Ky. Ct. App. 1967).
“KRS 242.230(1), 242.990(1). His grounds for reversal on this appeal are (1) that he was denied due process because the judge who tried the case had prepared the affidavit for- and issued the search warrant through which the principal evidence for the prosecution was obtained,…”
— Ky. Rev. Stat. § 242.230(1) — 12 cases
Arnold v. Commonwealth, 421 S.W.2d 366 (Ky. Ct. App. 1967).
“KRS 242.230(1), 242.990(1). His grounds for reversal on this appeal are (1) that he was denied due process because the judge who tried the case had prepared the affidavit for- and issued the search warrant through which the principal evidence for the prosecution was obtained,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.