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Packaged sales, restaurant sales separate statutes

Posted: Friday, May 18, 2012 8:43 am

State and city officials confirmed this week that the referendum vote to allow packaged liquor sales within Murray city limits would have no effect on the current ordinance allowing beverages to be sold by the drink in restaurants.

Steve Humphress, general counsel for  the Kentucky Department of Alcoholic Beverage Control, said the issue has never been questioned in a Kentucky court. However, he said the department’s general ruling is that because the referendums for packaged liquor sales and sale by the drink gain their authority from two separate General Assembly statutes, one statute cannot undermine the other if declined by popular vote.

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