Request By:
The Honorable Glen Shepherd
Mayor of Cumberland
402 West Main Street
Cumberland, Kentucky 40823
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Suzanne Guss, Assistant Attorney General
This letter is in reply to your recent request for an opinion of this Office relating to the "wet-dry" status of annexed territory in Harlan County. Pursuant to your letter and our telephone conversation on October 19 which modified the factual situation described in the letter, you stated that the fourth-class city of Cumberland held a local option election some time ago. Although two of the precincts voted for prohibition, the majority of the voters within the city voted against prohibition thereby designating the city of Cumberland as a "wet" territory. Recently, a small portion of Harlan County, which is "dry, " was annexed to one of the city precincts which had voted preponderantly for prohibition in the city-wide election.
Based on these facts, you have raised the following questions:
1. What is the status of the annexed "dry" territory?
2. May the precinct to which the county territory was annexed conduct a separate local option election?
KRS 242.190(2) is dispositive of both questions:
Upon annexation of any local option territory by a city either before July 15, 1980, or subsequent thereto, the annexed territory shall assume the same local option status as the local option status of the annexing city. Nothing in this section shall impair the right of any precinct in the annexed territory to determine its own status with respect to the legal sales of alcoholic beverages in accordance with the provisions of KRS Chapter 242.
With respect to the second question, see also KRS 242.125(1) which states that a city-wide election resulting in a majority of votes against prohibition does not prevent an election from thereafter being held in any city precinct to determine the local option status of the precinct.
The smallest territory in which a local option election may be held is a precinct. KRS 242.010(5).
Assuming the annexed territory has been incorporated into one of the city precincts, KRS 242.125(1) permits a local option election to be held in the entire precinct which encompasses the annexed territory. The outcome of the election will determine the "wet" or "dry" status of the entire precinct, notwithstanding the "wet" status of the city of Cumberland.
We hope this information will satisfactorily answer your questions. If we can be of any further service, please do not hesitate to call upon us.