Ky. Rev. Stat. » Chapter 243
Kentucky Revised Statutes

Ky. Rev. Stat. § 243.560 (2026)

Appeal to Circuit Court from order of board -- How taken -- Necessary

✓ current as of May 2026
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parties -- Final order, when effective -- Power of court to dissolve stay. (1) All final orders of the board may be appealed to the Circuit Court of the county where the appellant resides or the county containing the appellant's licensed premises, if any, notwithstanding KRS Chapter 13B. (2) A party to the administrative action may institute an appeal by filing a petition in the office of the clerk of the Circuit Court of the county where the appellant resides or the county containing the appellant's licensed premises, if any, within thirty (30) days after the final order of the board is mailed or delivered by personal service. (3) The board, department, licensee or applicant, and any other parties to the administrative action shall be necessary parties to all appeals. (4) No final order of the board issuing a license shall become effective, and no license under that final order shall be issued, until the expiration of the appeal period contained in KRS Chapter 13B. If an appeal from a final order has been filed as provided under KRS 13B.140, the final order shall not become effective until the appeal has been finally determined by the courts. During the pendency of any appeal, a court may dissolve the stay under this section for good cause shown. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 80, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 163, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-147.

Notes of Decisions
Cited in 24 cases, 1944–2013 · leading case: Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004).
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Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004). · cites it 10× “KRS 243.560 provides for appellate review in circuit court of a decision of the Board.”
Beverage Warehouse, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 382 S.W.3d 34 (Ky. Ct. App. 2011). · cites it 16× “Matthews residents Floyd Cancello and Christine McLellan, and 116 McArthur Drive, LLC (collectively Beverage Warehouse) appealed directly to the Franklin Circuit Court pursuant to KRS 243.560. We refer to that appeal as Beverage Warehouse II.”
Kentucky State Racing Comm'n v. Fuller, 481 S.W.2d 298 (Ky. Ct. App. 1972). “All persons aggrieved by an order of the Commission are granted an appeal to the Franklin Circuit Court in the manner provided by KRS 243.560 to 243.590, being the same sections of the statute governing appeals from orders of the Alcoholic Beverage Control Board.”
Smothers v. Lewis, 672 S.W.2d 62 (Ky. 1984). “The statutorily granted right to appeal under KRS 243.560 and 243.570 was Smothers’ basis for this action in the Franklin Circuit Court.”
Applicants for Retail Package Liquor Licenses in Floyd Cnty. v. Gulley, 674 S.W.2d 22 (Ky. Ct. App. 1984). · cites it 3× “The appellants read KRS 243.560 to mean: any order of the Board refusing, revoking or suspending a license may be appealed from by .”
Brown, Ky. Al. Bev. Control Bd. v. Baumer, 191 S.W.2d 235 (Ky. Ct. App. 1945). · cites it 2× “Section 243.560(1), KRS; Dougherty v. Kentucky A.”
Bartholomew v. Paniello, 287 S.W.2d 616 (Ky. Ct. App. 1956). · cites it 3× “Thereupon appellee appealed to the Franklin Circuit Court as authorized by KRS 243.560. The parties to that appeal were the appellee and the members of the State Alcoholic Beverage Control Board.”
Lexington Retail Beverage Dealers Ass'n v. Dep't of Alcoholic Beverage Control Bd., 303 S.W.2d 268 (Ky. Ct. App. 1957). “While the question was not discussed by either party in the briefs, even if appellants had attempted to appeal from the ap-pealable order of November 4, there is a serious question as to whether or not they individually would fall within the classification of a “citizen feeling…”
George v. Alcoholic Beverage Control Bd., 421 S.W.2d 569 (Ky. Ct. App. 1967). “290 which proscribes permitting licensed premises to remain open for any purpose “* * * at any time during the twenty-four hours of a Sunday * * Pursuant to KRS 243.560, George appealed to the Franklin Circuit Court which affirmed the order of the Board, and he now prosecutes…”
George v. Kentucky Alcoholic Beverage Control Bd., 403 S.W.2d 24 (Ky. Ct. App. 1966). · cites it 3× “He undertook to appeal to the circuit court from the Board’s order as permitted by KRS 243.560. The Board was made a party to this appeal but not Netherland, the applicant.”
Pizza Pub of Burnside, Kentucky, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 416 S.W.3d 780 (Ky. Ct. App. 2013). “140 and KRS 243.560. 5 In the petition, Pizza Pub contended that the ABC Board’s final order should be reversed due to lack of substantial evidence in the record and because the ABC Board acted arbitrarily and capriciously, and abused its discretion, in failing to permit Mr.”
Bauer v. Alcoholic Beverage Control Bd., 320 S.W.2d 126 (Ky. Ct. App. 1959). “KRS 243.560 authorizes an appeal to the circuit court from an order of the Board and prescribes the manner of taking such appeal.”
Show all 24 citing cases →
— Ky. Rev. Stat. § 243.560(1) — 8 cases
Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004). “KRS 243.560 provides for appellate review in circuit court of a decision of the Board.”
Brown, Ky. Al. Bev. Control Bd. v. Baumer, 191 S.W.2d 235 (Ky. Ct. App. 1945). “Section 243.560(1), KRS; Dougherty v. Kentucky A.”
Lexington Retail Beverage Dealers Ass'n v. Dep't of Alcoholic Beverage Control Bd., 303 S.W.2d 268 (Ky. Ct. App. 1957). “While the question was not discussed by either party in the briefs, even if appellants had attempted to appeal from the ap-pealable order of November 4, there is a serious question as to whether or not they individually would fall within the classification of a “citizen feeling…”
Beverage Warehouse, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 382 S.W.3d 34 (Ky. Ct. App. 2011). “Matthews residents Floyd Cancello and Christine McLellan, and 116 McArthur Drive, LLC (collectively Beverage Warehouse) appealed directly to the Franklin Circuit Court pursuant to KRS 243.560. We refer to that appeal as Beverage Warehouse II.”
Dink v. Palmer-Ball, 479 S.W.2d 897 (Ky. Ct. App. 1972).
— Ky. Rev. Stat. § 243.560(2) — 3 cases
Bartholomew v. Paniello, 287 S.W.2d 616 (Ky. Ct. App. 1956). “Thereupon appellee appealed to the Franklin Circuit Court as authorized by KRS 243.560. The parties to that appeal were the appellee and the members of the State Alcoholic Beverage Control Board.”
George v. Kentucky Alcoholic Beverage Control Bd., 403 S.W.2d 24 (Ky. Ct. App. 1966). “He undertook to appeal to the circuit court from the Board’s order as permitted by KRS 243.560. The Board was made a party to this appeal but not Netherland, the applicant.”
Kelly v. Marino, 358 S.W.2d 519 (Ky. Ct. App. 1962).
— Ky. Rev. Stat. § 243.560(3) — 3 cases
Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004). “KRS 243.560 provides for appellate review in circuit court of a decision of the Board.”
Beverage Warehouse, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 382 S.W.3d 34 (Ky. Ct. App. 2011). “Matthews residents Floyd Cancello and Christine McLellan, and 116 McArthur Drive, LLC (collectively Beverage Warehouse) appealed directly to the Franklin Circuit Court pursuant to KRS 243.560. We refer to that appeal as Beverage Warehouse II.”
George v. Kentucky Alcoholic Beverage Control Bd., 403 S.W.2d 24 (Ky. Ct. App. 1966). “He undertook to appeal to the circuit court from the Board’s order as permitted by KRS 243.560. The Board was made a party to this appeal but not Netherland, the applicant.”
— Ky. Rev. Stat. § 243.560(4) — 3 cases
Kentucky Licensed Beverage Ass'n v. Louisville-Jefferson Cnty. Metro Gov't, 127 S.W.3d 647 (Ky. 2004). “KRS 243.560 provides for appellate review in circuit court of a decision of the Board.”
Beverage Warehouse, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 382 S.W.3d 34 (Ky. Ct. App. 2011). “Matthews residents Floyd Cancello and Christine McLellan, and 116 McArthur Drive, LLC (collectively Beverage Warehouse) appealed directly to the Franklin Circuit Court pursuant to KRS 243.560. We refer to that appeal as Beverage Warehouse II.”
Brey v. Alcoholic Beverage Control Bd., 451 S.W.2d 647 (Ky. Ct. App. 1970).
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