804 KAR 7:010. Location in cities of first class.

 

      RELATES TO: KRS 241.010(37), 241.065, 241.075

      STATUTORY AUTHORITY: KRS 241.060(1), (2), 241.075(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the Alcoholic Beverage Control Board to promulgate administrative regulations governing procedures relative to the applications for and revocations of licenses, and the supervision and control of the use and sale of alcoholic beverages. KRS 241.075(1), requires the ABC Board to divide cities of the first class into "downtown business areas," and "combination business and residential areas." This administrative regulation establishes the boundaries for these districts in the City of Louisville, the only city of the first class in Kentucky, and establishes requirements for establishments selling alcoholic beverages within these districts.

 

      Section 1. (1) For the purpose of regulating the distance between locations of retail package and retail drink liquor licenses, the "downtown business areas" and "combination business and residential areas" are established as follows.

      (2) The City of Louisville shall be divided into two (2) sections.

      (a) "Downtown business area" shall consist of that portion of the city which is bounded as follows: Beginning at the north east corner of Eighth Street and the Ohio River; then southwardly along the east side of Eighth Street to the south west corner of Broadway; then eastwardly along the south side of Broadway to Preston Street and to include only those premises on the south side of Broadway having a Broadway Street address; then north on the west side of Preston Street to the Ohio River; then westwardly along the southern boundary of the Ohio River to the northeast corner of Eighth Street, the point of beginning.

      (b) "Combination business and residential areas" shall consist of all the area of the City of Louisville not described above in the "downtown business area."

 

      Section 2. Requirements for Nonquota Licenses Issued in "Combination Business and Residential Areas." (1) The board may issue nonquota licenses to sell distilled spirits and wine by the drink in the areas included in Section 1(2)(b) of this administrative regulation within 700 feet of the location of an similar establishment in any combination business and residential area, if the requirements of subsection (2) or (3) of this section are met.

      (2) For an outlet in a hotel, inn, or motel having accommodations for the traveling public, designed primarily to serve transient patrons, an applicant for a license shall submit to the board satisfactory proof that the facilities shall:

      (a) Accommodate sufficient patrons to sustain the operation of a retail drink outlet;

      (b) Contain at least fifty (50) sleeping units;

      (c) Contain dining facilities for at least 100 persons;

      (d) Have at least 25,000 square feet of parking space; and

      (e) Receive at least fifty (50) percent of the gross receipts from its dining facilities from the sale of food.

      (3) For a restaurant, as defined in KRS 241.010(37), the restaurant shall maintain a minimum seating capacity of at least 100 persons at tables. (ABC 6:20; 1 Ky.R. 844; eff. 5-14-1975; Am. 13 Ky.R. 1650; eff. 4-14-87; 31 Ky.R. 636; 938; 11-26-2004.)