Request By:
David Graham
Richmond City Manager
P.O. Box 250
Richmond, Kentucky 40475
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Reid C. James, Assistant Attorney General
This is in response to your inquiry of August 15th regarding the upcoming local option election in the Francis Precinct of Richmond.
Your first question was in regard to the impact of the local option election on the number of liquor licenses authorized for this territory. KRS 241.060 grants the Alcoholic Beverage Control Board the power:
"To limit in its sound discretion the number of licenses . . . to be issued . . ."
KRS 241.060(2)
Ordinarily, population is an important factor in Board-determined license quotas, as evidenced by KRS 241.065 relating to counties containing first class cities. Obviously, the election will have no impact on the population of the Francis Precinct. Therefore, it is our opinion that the election, by itself, will not automatically change the number of available licenses.
As regards your second inquiry concerning a "dry" vote, it appears that the impact would apply to the entire precinct as it is now geographically defined. KRS 241.010(18) defines a dry territory as:
". . . a county, city, district or precinct in which a majority of voters have voted in favor of prohibition . . ."
Nowhere in the applicable statutes is any reference made to splitting precincts between dry and wet areas. Therefore, our opinion is that the election results will apply to the precinct as a whole.