804 KAR 9:050. Retail drink liquor license quota.

      RELATES TO: KRS 241.060, 241.065, 241.075, 243.030

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: The express provisions of KRS 241.060(2) enable the Alcoholic Beverage Control Board to limit the number of licenses to be issued in any political subdivision of the state and permit the board to make reasonable division and subdivisions of the state or any political subdivision into districts for this purpose. 804 KAR 9:010 establishes a general retail liquor license quota based upon county population for any area within that county in which prohibition has been repealed. Instances may arise, however, in which the quota based on county population permits the issuance of retail liquor licenses in a number totally disproportionate to the population of the area in said county in which prohibition has been repealed. It is, therefore, necessary for the board to establish individual quotas when such a situation as above described arises.

      Section 1. The Alcoholic Beverage Control Board may, for good reason shown, adopt by administrative regulation retail liquor license quotas for political subdivisions less than a county where the county quota established by 804 KAR 9:010 would be excessively disproportionate to that based upon the population of the smaller political subdivision. In such instances, the quota set in 804 KAR 9:010, Section 1(1) and (2), shall be inapplicable. The quota exceptions contained in 804 KAR 9:010, Section 2(1), (2), (3), and (4), shall remain in effect and be incorporated herein.

      Section 2. Pursuant to the authority herein, the City of Pikeville, having been elevated to third class status by the 1984 session of the Kentucky General Assembly, the actual resident population of the City of Pikeville being at least 8,000 by virtue of its reclassification to a city of the third class and the resident population of Pike County being 86,307 according to the population projections of the Kentucky State Data Center, Urban Studies Center of the University of Louisville, Kentucky, it is determined that the retail drink liquor license quota established according to 804 KAR 9:010 would create a permissible number of retail drink liquor licenses excessively disproportionate to the population of the City of Pikeville, the retail drink liquor license quota for the City of Pikeville, Kentucky, is therefore set at eleven (11). (11 Ky.R. 361; eff. 9-11-84.)