Kentucky Revised Statutes

Ky. Rev. Stat. § 243.220 (2026)

Premises that may not be licensed -- Exemption

✓ current as of May 2026
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No license shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written agreement or a permit for a term of not less than the license period. A direct shipper license applicant shall be exempt from the requirements of this section, and shall instead follow the requirements as set forth in KRS 243.027. Effective:March 12, 2021 History: Amended 2021 Ky. Acts ch. 13, sec. 7, effective March 12, 2021. -- Amended 2017 Ky. Acts ch. 62, sec. 61, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 125, sec. 4, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 289, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 13, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 194, sec. 15, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 10, sec. 1. -- Amended 1944 Ky. Acts ch. 154, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554b-174, 2554b-175, 2554b-177.

Notes of Decisions
Cited in 5 cases, 1950–1984 · leading case: Hunt Club, Inc. v. Moberly, 407 S.W.2d 148 (Ky. Ct. App. 1966).
Hunt Club, Inc. v. Moberly, 407 S.W.2d 148 (Ky. Ct. App. 1966). · cites it 2× “This appeal requires a construction of KRS 243.220 relative to the manner of measuring the distance from a church or school to a liquor store.”
Farris v. Minit Mart Foods, Inc. No. 37, 684 S.W.2d 845 (Ky. 1984). · cites it 13× “located within a radius of five hundred feet of a church or school shall not be licensed for the sale of alcoholic beverages if the governing body of such church or school files written objection thereto.”
Barnett v. Portwood, 328 S.W.2d 164 (Ky. Ct. App. 1959). “Barnett’s first contention on this appeal is that the lease is invalid for want of adequate description of the premises and therefore Higgins has failed to meet the requirement of KRS 243.220(1) that he either be the owner of the premises or be in possession under a written…”
Reinsperg v. Reed, 233 S.W.2d 412 (Ky. Ct. App. 1950). “” KRS 243.220 (1) provides: “No license for the sale .”
Angel v. Moberly, 425 S.W.2d 538 (Ky. Ct. App. 1968). “They rely upon KRS 243.220(1) which provides : “No license for the sale of alcoholic beverages at retail shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written lease for a term of not…”
— Ky. Rev. Stat. § 243.220(1) — 2 cases
Barnett v. Portwood, 328 S.W.2d 164 (Ky. Ct. App. 1959). “Barnett’s first contention on this appeal is that the lease is invalid for want of adequate description of the premises and therefore Higgins has failed to meet the requirement of KRS 243.220(1) that he either be the owner of the premises or be in possession under a written…”
Angel v. Moberly, 425 S.W.2d 538 (Ky. Ct. App. 1968). “They rely upon KRS 243.220(1) which provides : “No license for the sale of alcoholic beverages at retail shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written lease for a term of not…”
— Ky. Rev. Stat. § 243.220(2) — 1 case
Farris v. Minit Mart Foods, Inc. No. 37, 684 S.W.2d 845 (Ky. 1984). “located within a radius of five hundred feet of a church or school shall not be licensed for the sale of alcoholic beverages if the governing body of such church or school files written objection thereto.”
— Ky. Rev. Stat. § 243.220(3) — 1 case
Farris v. Minit Mart Foods, Inc. No. 37, 684 S.W.2d 845 (Ky. 1984). “located within a radius of five hundred feet of a church or school shall not be licensed for the sale of alcoholic beverages if the governing body of such church or school files written objection thereto.”
— Ky. Rev. Stat. § 243.220(3)(a) — 1 case
Farris v. Minit Mart Foods, Inc. No. 37, 684 S.W.2d 845 (Ky. 1984). “located within a radius of five hundred feet of a church or school shall not be licensed for the sale of alcoholic beverages if the governing body of such church or school files written objection thereto.”
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