City of Mt. Washington
Minutes from the Caucus
May 12, 2003
City Hall Annex Building, 186 Branham Way
Mayor Sullivan called the caucus to order at 5:45pm with the following Council members present: Joetta Calhoun, Sam Beichler, Sid Griffin, Larry Porter, Ralph Lutes, and Lloyd Dooley.
Also present were City Clerk Christi Franklin, City Attorney Rodney Burress, and Toni Sanderson and Stephen Horner from the State Alcoholic Beverage Control Board.
Q. Is the County Clerk required to place an item on the ballot if she receives a petition asking that liquor by the drink be placed on the ballot?
A. Yes, 25% of the voters that voted in the last general election must sign the petition to be valid.
Q. Can the petition be done precinct by precinct?
A. No, it must be done citywide.
Q. Can the vote take place at the time of a general election?
A. No, the item placed on the ballot would be voted on at a special election.
Q. To vote in liquor by the drink, do the majority of the voters need to vote “yes”?
A. Yes
Q. Is there a fixed number of votes that need to be cast?
A. No, only a majority of the votes cast at the election.
Q. If the City passes an ordinance allowing liquor by the drink in restaurants, can the issue of liquor by the drink still be placed on the ballot?
A. Yes
Q. Can an ordinance regarding liquor by the drink in restaurants regulate when and where the liquor is sold?
A. If liquor by the drink wins at the ballot, the Council should pass an ordinance setting the regulations for liquor by the drink. If liquor by the drink in restaurants only wins at the ballot, the Council can only regulate restaurants. An ordinance cannot be less restrictive that what the general public voted on. As for the number of bars, the State regulates how many bars can be in a City based on the population.
Q. Is it true that if a person votes in favor of the City becoming “wet”, they would be voting to allow bars, even if they only want liquor by the drink is restaurants?
A. Yes. KRS 242.127 allows cities of the fourth class to hold an election to take the sense of the people of the City as to the sale of distilled spirits and wine by the drink for consumption on the premises in the city. This election must be citywide. In addition KRS 242.185 (2) allows a City of the fourth class or a county containing a city of the fourth class to enact a comprehensive, regulatory ordinance upon the determination by the legislative body that an economic hardship exists within the city or county and that the sale of distilled spirits and wine by the drink could aid economic growth. (3) Licenses shall be issued only to hotels, motels, or inns containing not less than (50) sleeping units and having dining facilities for not less than 100 persons or bona fide restaurants open to the general public having dining facilities for not less than 100 persons. (4) Allows the city or county legislative body to provide for the issuance of any other licenses permitted by KRS 243.070, which includes temporary drink, private clubs, and caterers.
Q. Can the number of seats or percentage of food sales be increased in an ordinance?
A. Yes, the numbers can be higher than those allowed by the Kentucky Revised Statues.
Q. Is it true that any regulations the City adopts regarding liquor can’t be less stringent than the State Statutes and the City must enforce the regulations?
A. Yes, the local ABC Officer enforces local ordinances.
Q. If the City requires quarterly reporting of sales to verify compliance with the percentage of food sales in an ordinance, can the local ABC Officer go onto the premises to inspect the records?
A. Yes.
Q. If the restaurant ordinance is passed, can caterers from outside the City limits serve liquor by the drink in the City?
A. Only is first through third class cities.
Q. Do the State Statutes limit the hours of operation?
A. Yes, from 6:00am to midnight, although the local jurisdiction has the option to extend the closing hour or limit the hours of operation.
Q. Sunday sales of liquor are not allowed in Bullitt County. Can this be changed?
A. The public cannot vote for Sunday sales, but it can be placed in the local jurisdiction’s ordinance.
Q. If the closing hour is extended for certain days that may fall on a Sunday (i.e.: New Years Eve), and the City does not have Sunday sales in an ordinance, can the City extend those hours?
A. Yes, but since a one day license is not available, the applicant would have to pay for the license for an entire year.
Q. Can the City regulate the signs regarding liquor in restaurants?
A. Yes, in the alcohol beverage ordinance or the sign ordinance.
Q. If a person owning the restaurant leases the building space, can they sell alcohol outside the building on the premises?
A. No, they can only do this if they own the building and land.
Q. If a person purchases packaged liquor in a store, can they drink it in the store?
A. Yes, if the manager allows it.
Q. Who pays for the election if liquor by the drink is placed on the ballot?
A. The county.
Q. A member of the audience asked that if this issue is placed on the ballot, what would the wording be?
A. KRS 242.129 was read.
B. A member of the audience asked what defines economic hardship.
A. The Council has not reached that point yet in the process.
The caucus adjourned at 6:25pm.