804 KAR 9:010. Quota retail license limits.

 

      RELATES TO: KRS 241.060, 241.065, 241.075, 243.030

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

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the Alcoholic Beverage Control Board to promulgate administrative regulations relative to the applications for and revocations of licenses. KRS 241.060(2) authorizes the board to limit the number of licenses to be issued in any county of the Commonwealth. This administrative regulation establishes the basis of this limitation and establishes the manner in which the population of a county is to be ascertained for purposes of the number of licenses in a county.

 

      Section 1. (1) Except as provided in 804 KAR 9:040 or in subsection (2) of this section, the number of quota retail package licenses issued by the Alcoholic Beverage Control Board in any county of the Commonwealth shall not exceed a number equal to one (1) for every 2,300 persons resident.

      (2) A county containing a city of the first class shall be subject to the limitations established in KRS 241.065.

 

      Section 2. (1)(a) Except as provided in paragraph (b) of this subsection or in subsection (2) of this section, the number of quota retail drink licenses issued by the Alcoholic Beverage Control Board in any county of the Commonwealth shall not exceed a number equal to one (1) for every 2,500 persons resident.

      (b) A county containing a city of the first class shall be subject to the limitations established in KRS 241.065.

      (2) The Alcoholic Beverage Control Board may issue quota retail drink licenses in excess of the number provided in subsection (1) of this section if the license is for an outlet located within a premises that has been issued an Entertainment Destination Center License under 804 KAR 4:370.

      (3) Licenses issued under the exceptions established in subsection (2) of this section shall not be transferred to other premises.

 

      Section 3. (1) The estimates of population for Kentucky counties prepared by the Kentucky State Data Center, Urban Studies Center of the University of Louisville, Louisville, Kentucky, shall be used in every year except a census year to determine the number of licenses prescribed by this administrative regulation. The United States Government census figures of population shall be used in a census year.

      (2)(a) On or before January 1 of each year, the Alcoholic Beverage Control Board shall request from the Kentucky State Data Center, Urban Studies Center of the University of Louisville, Louisville, Kentucky, population estimates as of that date for those counties in which license quotas may need to be reviewed by the board.

      (b) Upon receipt of these estimates from the Kentucky State Data Center, Urban Studies Center of the University of Louisville, Louisville, Kentucky, the Alcoholic Beverage Control Board shall, within thirty (30) days, send a specific notice to the newspaper with the largest circulation in each county where the estimate justifies a change in that county's quota, and issue a release of this information to the general press.

      (c) The Department of Alcoholic Beverage Control shall accept applications for new quota licenses for a period of thirty (30) days following the date of publication in the newspaper of each county affected.

 

      Section 4. This administrative regulation shall not prohibit renewal of licenses. The present quota shall be reduced, in conformance with this administrative regulation, as licenses are revoked or surrendered. (ABC 9:10; 1 Ky.R. 846; eff. 5-14-75; Am. 4 Ky.R. 67; eff. 10-5-77; 8 Ky.R. 18; eff. 10-7-81; 16 Ky.R. 488; 754; eff. 10-13-89; 31 Ky.R. 627; 939; eff.11-26-2004; 35 Ky.R. 1596; 1761; eff. 3-6-09; 40 Ky.R. 171; eff. 10-4-13.)