Kentucky Revised Statutes

Ky. Rev. Stat. § 243.360 (2026)

Notice of intention to apply for license -- Exempted applicants -- Protest --

✓ current as of May 2026 Cite as: Ky. Rev. Stat. § 243.360 (2026)

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Sufficiency of substantial compliance. (1) (a) All persons shall, before applying for a license, advertise by publication their intention to apply for a license in the newspaper for legal notices for the county or city whose local administrator has jurisdiction over the proposed premises. (b) An advertisement under this subsection may be made online or in print. (c) The department may prescribe the form and content of the advertisement by an administrative regulation that is promulgated in accordance with KRS Chapter 13A. (2) The requirements of subsection (1) of this section shall not apply to an applicant for the same license for the same premises, or an applicant for any of the following licenses: (a) Out-of-state malt beverage supplier's license; (b) Limited out-of-state malt beverage supplier's license; (c) Out-of-state distilled spirits and wine supplier's license; (d) Limited out-of-state distilled spirits and wine supplier's license; (e) Supplemental bar license; (f) Extended hours supplemental license; (g) Special agent or solicitor's license; (h) Special nonbeverage alcohol license; (i) Transporter's license; (j) Special Sunday drink license; (k) Hotel in-room license; (l) Sampling license; (m) Direct shipper license; (n) Special temporary drink license; or (o) Vintage distilled spirits license. (3) The notice shall contain the following information: (a) The notice shall state: the name and address of the applicant and the name and address of each principal owner, partner, member, officer, and director if the applicant is a partnership, limited partnership, limited liability company, corporation, governmental agency, or other business entity recognized by law; (b) The notice shall specifically state the location of the premises for which the license is sought, the type of business, and the type of license being requested; and (c) The notice shall state the date the application will be filed and shall contain the following statement: "Any person may protest the approval of the license by writing the Department of Alcoholic Beverage Control within thirty (30) days of the date of legal publication." (4) Any protest received after the thirty (30) day period has expired shall not be considered a valid legal protest by the board. (5) Substantial compliance with the information listed in subsection (3) of this section shall be sufficient to comply with this section. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 46, sec. 11, effective April 4, 2024. -- Amended 2020 Ky. Acts ch. 80, sec. 12, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 67, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 22, sec. 19, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 121, sec. 74, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 572, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 435, sec. 12, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 34, effective July 15, 1998; and ch. 522, sec. 9, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 194, sec. 29, effective June 17, 1978. -- Amended 1970 Ky. Acts ch. 94, sec. 3. -- Amended 1966 Ky. Acts ch. 239, sec. 175. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-133.

Notes of Decisions

Cited in 9 cases, 1955–2011 · leading case: Durbin v. Wood

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Durbin v. Wood (1963) kyctapp · cites it 5× “The appellants, who protested the issuance of these licenses, urge that the published notice of Wood’s application failed to satisfy the *126 mandatory requirements of KRS 243.360(1) in that it did not sufficiently describe the location of the premises for which the licenses…”

Beverage Warehouse, Inc. v. Commonwealth, Department of Alcoholic Beverage Control (2011) kyctapp · cites it 5× “Pursuant to KRS 243.360, Beverage Warehouse filed a protest with the ABC on the basis that the proposed Liquor Barn license was in violation of St.”

Bickett v. Palmer-Ball (1971) kyctapp · cites it 2× “KRS 243.360(1). The court also held that the Board had sufficient substantial evidence before it to support its order, On appeal to this court Bickett contends that he has met all statutory requirements for a license and that the refusal of the Board to issue the license was…”

Applicants for Retail Package Liquor Licenses in Floyd County v. Gulley (1984) kyctapp “It is our belief, and we so hold, that the legislature never intended an appeal under KRS 243.560 by an aggrieved citizen, who is not an applicant, from an order of the Board granting the application for a liquor license.”

Barnett v. Portwood (1959) kyctapp “” KRS 243.360(1) requires that the notice state “the location of the premises for which the license is sought.”

Palmer-Ball v. Esquire Liquors, Inc. (1973) kyctapp · cites it 3× “The contents of the advertisement are set out in detail, yet there is no requirement that the date, time, or place of the filing of the application be included. Appellant claims that Esquire’s published notice is invalid as it failed to comply with KRS 424.”

K. Whiskey Store, Inc. v. Shearer (1955) kyctapp “One vacancy in these licenses existed in Versailles and after due advertisement in a newspaper as required by KRS 243.360, K. and G. & L. each filed application with the Local Administrator for a state’ license to sell liquor by the package at retail at the addresses given in…”

Angel v. Moberly (1968) kyctapp “The appellants, who are among those who protested the issuance of the license, contend that the notice published by the applicant stating his intention to apply for a retail malt beverage license did not com *540 ply with KRS 243.360(1) which required an adequate description of…”

Suter v. Pittman (1969) kyctapp “The circuit court found that the publication of notice was legally sufficient to meet the requirements of KRS 243.360; that the Board had properly permitted the name of Jack Pittman to be withdrawn; and that the Board had permitted such deletions on numerous occasions without…”

— Ky. Rev. Stat. § 243.360(1) — 5 cases

Durbin v. Wood (1963) kyctapp “The appellants, who protested the issuance of these licenses, urge that the published notice of Wood’s application failed to satisfy the *126 mandatory requirements of KRS 243.360(1) in that it did not sufficiently describe the location of the premises for which the licenses…”

Bickett v. Palmer-Ball (1971) kyctapp “KRS 243.360(1). The court also held that the Board had sufficient substantial evidence before it to support its order, On appeal to this court Bickett contends that he has met all statutory requirements for a license and that the refusal of the Board to issue the license was…”

Barnett v. Portwood (1959) kyctapp “” KRS 243.360(1) requires that the notice state “the location of the premises for which the license is sought.”

Palmer-Ball v. Esquire Liquors, Inc. (1973) kyctapp “The contents of the advertisement are set out in detail, yet there is no requirement that the date, time, or place of the filing of the application be included. Appellant claims that Esquire’s published notice is invalid as it failed to comply with KRS 424.”

— Ky. Rev. Stat. § 243.360(2)(c) — 1 case

Beverage Warehouse, Inc. v. Commonwealth, Department of Alcoholic Beverage Control (2011) kyctapp “Pursuant to KRS 243.360, Beverage Warehouse filed a protest with the ABC on the basis that the proposed Liquor Barn license was in violation of St.”

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