804 KAR 9:010. Retail liquor license limit.

      RELATES TO: KRS 241.010(37), 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. The number of retail package liquor 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. A county containing cities of the first class shall be subject to the limitations in KRS 241.065.

      Section 2. (1) The number of retail drink liquor 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, subject to the exceptions in subsections (2), (3) and (4) of this section. A county containing cities of the first class shall be subject to the limitations in KRS 241.065.

      (2) The Alcoholic Beverage Control Board may issue retail drink licenses in excess of the number provided in subsection (1) of this section if the license is:

      (a) For an outlet in a hotel, inn or motel for accommodation of the traveling public;

      (b) Designed primarily to serve transient patrons; and

      (c) An applicant shall submit to the Board satisfactory proof that the facility shall accommodate sufficient patrons to sustain the operation of a retail drink outlet. The facility shall:

      1. Contain at least fifty (50) sleeping units;

      2. Contain dining facilities for at least 100 persons; and

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

      (3) The Alcoholic Beverage Control Board may issue retail drink licenses in excess of the number provided in subsection (1) of this section if the license is for an outlet in an airport terminal where commercial flights are made in or near cities of the first, second or third class in wet counties.

      (4) The Alcoholic Beverage Control Board may issue retail drink licenses in excess of the number provided in subsection (1) of this section if the license is:

      (a) For a restaurant, as defined by KRS 241.010(37);

      (b) Has a minimum seating capacity of 100 people at tables;

      (c) An applicant shall submit to the board:

      1. Satisfactory proof that the facility meets the criteria in paragraphs (a) and (b) of this subsection; and

      2. A certification of seating capacity by the applicable fire marshal's office or its equivalent; and

      (d) Upon application for renewal, the licensee shall submit an annual report to the board indicating annual gross receipts from the sale of food and the sale of alcoholic beverages.

      (5) Licenses issued under the exceptions in subsections (2), (3), and (4) 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) 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. 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. The Office 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.)