be issued.
(1) Except as limited by subsection (2) of this section, quota retail drink licenses may
be issued for premises located within urban-county governments, incorporated
cities, or elsewhere in counties if those cities and counties maintain an adequate
police force.
(2) Quota retail drink licenses may not be issued to premises located within a city or a
county that has enacted an ordinance preventing the issuance of these licenses
within the jurisdiction of the local government.
(3) (a) Quota retail package licenses may be issued only for premises located within:
1. Incorporated cities; or
2. Elsewhere in counties containing an urban-county government or a city
with a population equal to or greater than eight thousand (8,000) if those
counties maintain an adequate police force.
(b) If one (1) or more quota retail package licenses have been issued to
establishments in a county that does not contain a city meeting the population
requirements of paragraph (a) of this subsection prior to January 1, 2015, then
that county shall continue to be treated in a manner as if the county meets the
qualifications of paragraph (a) of this subsection.
(4) Notwithstanding subsection (3) of this section, the department may, after a field
investigation, issue a quota retail package license to premises not located within any
city if the county maintains an adequate police force under KRS 70.540 and 70.150
to 70.170, and if:
(a) Substantial aggregations of population would otherwise not have reasonable
access to a licensed vendor;
(b) The premises to be licensed under this subsection shall be used exclusively for
the sale of distilled spirits and wine by the package and malt beverages, where
applicable, and shall not be used in any manner, in connection with a dance
hall, roadhouse, restaurant, store, or any other commercial enterprise, except
as a drug store in which a registered pharmacist is employed.
(5) No quota retail package license or quota retail drink license for the sale of distilled
spirits or wine shall be issued for any premises used as or in connection with the
operation of any business in which a substantial part of the commercial transaction
consists of selling at retail staple groceries or gasoline and lubricating oil.
Effective: June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 62, effective June 29, 2017. -- Amended
2014 Ky. Acts ch. 22, sec. 15, effective July 15, 2014; and ch. 92, sec. 298, effective
January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec. 67, effective June 25,
2013. -- Amended 1998 Ky. Acts ch. 121, sec. 14, effective July 15, 1998. --
Amended 1994 Ky. Acts ch. 48, sec. 3, effective July 15, 1994. – Amended 1992 Ky.
Acts ch. 37, sec. 2, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 24, sec. 2,
effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 59, sec. 1, effective July 13,
1984. -- Amended 1980 Ky. Acts ch. 188, sec. 229, effective July 15, 1980. --
Amended 1972 Ky. Acts ch. 96, sec. 3. -- Amended 1944 Ky. Acts ch. 154, sec. 33. -
- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 2554b-129, 2554b-154.
Notes of Decisions
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
· cites it 17× “62(c), Defendants have moved to stay enforcement of the Court’s prior Memorandum Opinion and Order dated August 13, 2012, which denied Defendants’ motion for summary judgment and declared Ky. Rev. Stat. Ann. § 243.230 (5) (1942) and 804 Ky.”
City of Bowling Green v. Gasoline Marketers, Inc., 539 S.W.2d 281 (Ky. 1976).
· cites it 2× “KRS 243.230(5) provides: “No retail package or drink license for the sale of distilled spirits or wine shall be issued for any premises used as or in connection with the operation of any business in which a substantial part of the commercial transaction consists of selling at…”
Simms v. Angel, 513 S.W.2d 176 (Ky. Ct. App. 1974).
· cites it 3× “We, therefore, consider that it would be inconsistent with the whole tenor of the licensing statutes and of the local option statutes to ascribe a meaning to the words “substantial aggregations of population” that would include or permit counting the residents of a dry county in…”
Pearl v. Marshall, 491 S.W.2d 837 (Ky. Ct. App. 1973).
“KRS 243.230 provides: “(2) Licenses to sell distilled spirits or wine by the package may be issued only for premises located within incorporated cities, or elsewhere in counties containing a city of the first, second or third class if those counties maintain an adequate police…”
Alcoholic Beverage Control Bd. v. Woosley, 367 S.W.2d 127 (Ky. Ct. App. 1963).
“The fact that a quota has not been filled does not restrict the discretionary power granted the administrator by the legislature.”
Alcoholic Beverage Control Bd. v. Hall, 180 S.W.2d 293 (Ky. Ct. App. 1944).
· cites it 2× “Section 243.230 of KRS prescribes when such licenses may be issued, and its subsection (2) says: “Licenses to sell distilled spirits or wine by the package may be issued only for’ premises located within incorporated cities, or elsewhere in counties containing a city of the…”
Simms v. Farris, 657 F. Supp. 119 (E.D. Ky. 1987).
“KRS 243.230(4)(c) was repealed, 1984 Ky. Acts ch.”
Dink v. Palmer-Ball, 479 S.W.2d 897 (Ky. Ct. App. 1972).
“The original application of Ber-rys was denied because their premises did not meet the requirements of KRS 243.230(2) and (3) in that there was inadequate police protection and adequate licensed vendors of alcoholic beverages to serve the area.”
Barnett v. Portwood, 328 S.W.2d 164 (Ky. Ct. App. 1959).
· cites it 2× “This is on the theory that he did not show compliance with the requirements of KRS 243.230 as to the licensing of premises located outside the corporate limits of a city.”
Angel v. Palmer-Ball, 461 S.W.2d 105 (Ky. Ct. App. 1970).
“The applicable statute, KRS 243.230, provides that a retail package liquor license may be issued for rural premises in a county not containing a city of the first, second or third class (Marion is such a county) only if “Substantial aggregations of population would otherwise not…”
Hagan v. Knippenberg, 549 S.W.2d 509 (Ky. 1976).
· cites it 3× “Hagan appeals from the order of the Board granting Boston Beverage a retail package liquor license for the premises adjoining his new location because Boston Beverage had not complied with the requirements of KRS 243.230(4)(a). The town of Boston is an unincorporated community…”
Breeden v. Town of Dry Ridge, 170 S.W.2d 24 (Ky. Ct. App. 1943).
“Pursuant to section 2554b-129 of the Kentucky Statutes (now KRS 243.230), the Alcoholic Beverage Control Board could have issued a liquor license to appellant although his place of business was not within the corporate limits.”
— Ky. Rev. Stat. § 243.230(2) — 1 case
Dink v. Palmer-Ball, 479 S.W.2d 897 (Ky. Ct. App. 1972).
“The original application of Ber-rys was denied because their premises did not meet the requirements of KRS 243.230(2) and (3) in that there was inadequate police protection and adequate licensed vendors of alcoholic beverages to serve the area.”
— Ky. Rev. Stat. § 243.230(3) — 2 cases
Simms v. Angel, 513 S.W.2d 176 (Ky. Ct. App. 1974).
“We, therefore, consider that it would be inconsistent with the whole tenor of the licensing statutes and of the local option statutes to ascribe a meaning to the words “substantial aggregations of population” that would include or permit counting the residents of a dry county in…”
Alcoholic Beverage Control Bd. v. Woosley, 367 S.W.2d 127 (Ky. Ct. App. 1963).
“The fact that a quota has not been filled does not restrict the discretionary power granted the administrator by the legislature.”
— Ky. Rev. Stat. § 243.230(4) — 1 case
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
“62(c), Defendants have moved to stay enforcement of the Court’s prior Memorandum Opinion and Order dated August 13, 2012, which denied Defendants’ motion for summary judgment and declared Ky. Rev. Stat. Ann. § 243.230 (5) (1942) and 804 Ky.”
— Ky. Rev. Stat. § 243.230(4)(a) — 2 cases
Hagan v. Knippenberg, 549 S.W.2d 509 (Ky. 1976).
“Hagan appeals from the order of the Board granting Boston Beverage a retail package liquor license for the premises adjoining his new location because Boston Beverage had not complied with the requirements of KRS 243.230(4)(a). The town of Boston is an unincorporated community…”
— Ky. Rev. Stat. § 243.230(4)(c) — 1 case
Simms v. Farris, 657 F. Supp. 119 (E.D. Ky. 1987).
“KRS 243.230(4)(c) was repealed, 1984 Ky. Acts ch.”
— Ky. Rev. Stat. § 243.230(5) — 2 cases
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
“62(c), Defendants have moved to stay enforcement of the Court’s prior Memorandum Opinion and Order dated August 13, 2012, which denied Defendants’ motion for summary judgment and declared Ky. Rev. Stat. Ann. § 243.230 (5) (1942) and 804 Ky.”
City of Bowling Green v. Gasoline Marketers, Inc., 539 S.W.2d 281 (Ky. 1976).
“KRS 243.230(5) provides: “No retail package or drink license for the sale of distilled spirits or wine shall be issued for any premises used as or in connection with the operation of any business in which a substantial part of the commercial transaction consists of selling at…”
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