Request By:
Chief James R. Pursifull
Middlesboro Police Department
Middlesboro, Kentucky 40965
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: H. N. McTyeire, Assistant Attorney General
In your letter you raise the following questions:
"1. Is it legal by the use of cards for any other person to keep, mix and cool the alcoholic beverages for its members and charge a fee for this service.
"2. Could members who have brought their own legally acquired alcoholic beverages to the clubroom give or have furnished by the custodian, by the use of a card or other means, alcoholic beverages to other persons; example: Girlfriend at club dances or to even include a man's wife.
"3. Also, does Third Class cities have the power to pass ordinances with regard to hours of operation and could these clubs be required to purchase a local business license tax."
As to question 1, we believe it is legal for a club member to deliver a bottle to the bartender at the club and for the bartender to pour drinks for the owner and to charge for setups or a service charge for pouring the drinks. In this situation we believe the owner of the alcoholic beverage would have constructive possession of the bottle.
As to question 2, it is illegal to give a person whiskey in dry territory. This would make it illegal to give a drink to the owner's "girlfriend, " or even his wife.
In view of the fact that liquor may not be sold in Middlesboro or in Bell County, your third question is limited to the power of a city to regulate the sale of other items. Any such ordinance must be of general application and must apply in a nondiscriminatory fashion.