(1) If it is made to appear to the satisfaction of the court that a nuisance described by KRS 242.310 exists, a temporary injunction shall forthwith issue, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. If a temporary injunction is prayed for, the court may issue an order restraining all persons from interfering in any way with the alcoholic beverages, fixtures or other things used in connection with the nuisance.
(2) It shall not be necessary for the court to find the property involved is being unlawfully used as described in KRS 242.310 at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no alcoholic beverages shall be sold, bartered or stored on the premises or vehicle, or any part thereof. Upon judgment of the court ordering the nuisance abated, the court may order that the premises or vehicle shall not be occupied or used for six (6) months.
(3) The court may permit the premises or vehicle to be used if the owner, lessee, tenant or occupant gives bond with sufficient surety, to be approved by the court making the order, in the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), payable to the state and conditioned that alcoholic beverages will not thereafter be sold, bartered, kept or otherwise disposed of on or in the premises or vehicle, and that he will pay all fines, costs and damages that may be assessed for any violation of this chapter on or in the premises or vehicle. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 200, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-25.
Notes of Decisions
Commonwealth v. Covington, 231 S.W.2d 67 (Ky. Ct. App. 1950).
· cites it 2× “KRS 242.350 (1) provides that the court “if it is made to appear that a nuisance described by KIRS 242.”
Collett v. Commonwealth, 223 S.W.2d 877 (Ky. Ct. App. 1949).
· cites it 2× “*221 KRS 242.350 (1) provides that if it be made to appear to the satisfaction of the court that a nuisance described by KRS 242.”
Osborne v. Commonwealth, 223 S.W.2d 894 (Ky. Ct. App. 1949).
“KRS 242.350(2) provides as follows: “It shall not be necessary for the court to find the property involved is being unlawfully used as described in KRS 242.”
Walker v. Commonwealth, 279 S.W.2d 816 (Ky. Ct. App. 1955).
“It may readily be seen that the whiskey was discovered by the sheriff by an invasion of the rights of the appellant in violation of Section 10 of the Constitution of Kentucky, providing: “The people shall be secure in their persons, houses, papers and possessions, from…”
Jackson v. Commonwealth ex rel. Smith, 299 S.W.2d 260 (Ky. Ct. App. 1957).
· cites it 2× “2d 894 , we said: “We think the plain intent of Section (2) of KRS 242.350 is that the action may be brought for violations occurring within a reasonable time prior thereto, and that it is not necessary that the violations continue up to the time of the filing of the suit.”
Commonwealth ex rel. Williams v. Wilson, 381 S.W.2d 620 (Ky. Ct. App. 1964).
· cites it 2× “In the alternative, the complaint demanded “that in the event that the plaintiff is not entitled 2 to the relief sought of *621 a confiscation and forfeiture,” the lesser measures set forth in KRS 242.350 be inflicted. The court found that the property had been so used as to…”
Grace v. Commonwealth ex rel. Grigsby, 507 S.W.2d 170 (Ky. Ct. App. 1974).
“310(1) and ordering the property padlocked for a period of six months pursuant to KRS 242.350(2). Chapter 242 of the Kentucky Revised Statutes is the so-called local option law and pertains to the regulation of sale of alcoholic beverages.”
Kavunedus v. Commonwealth, 233 S.W.2d 987 (Ky. Ct. App. 1950).
“The judgment provided that the premises could be used if appellant should give bond with sufficient surety in the sum of $1,000 conditioned as provided in KRS 242.350(3). Appellant was granted an appeal to this court which has been perfected and is now before us.”
— Ky. Rev. Stat. § 242.350(2) — 3 cases
Osborne v. Commonwealth, 223 S.W.2d 894 (Ky. Ct. App. 1949).
“KRS 242.350(2) provides as follows: “It shall not be necessary for the court to find the property involved is being unlawfully used as described in KRS 242.”
Jackson v. Commonwealth ex rel. Smith, 299 S.W.2d 260 (Ky. Ct. App. 1957).
“2d 894 , we said: “We think the plain intent of Section (2) of KRS 242.350 is that the action may be brought for violations occurring within a reasonable time prior thereto, and that it is not necessary that the violations continue up to the time of the filing of the suit.”
Grace v. Commonwealth ex rel. Grigsby, 507 S.W.2d 170 (Ky. Ct. App. 1974).
“310(1) and ordering the property padlocked for a period of six months pursuant to KRS 242.350(2). Chapter 242 of the Kentucky Revised Statutes is the so-called local option law and pertains to the regulation of sale of alcoholic beverages.”
— Ky. Rev. Stat. § 242.350(3) — 1 case
Kavunedus v. Commonwealth, 233 S.W.2d 987 (Ky. Ct. App. 1950).
“The judgment provided that the premises could be used if appellant should give bond with sufficient surety in the sum of $1,000 conditioned as provided in KRS 242.350(3). Appellant was granted an appeal to this court which has been perfected and is now before us.”
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.