GOV’T REGULATION: LOUISVILLE/JEFFERSON COUNTY METRO GOV’T V. TDC GROUP, LLC (COA 4/6/2007)

LOUISVILLE/JEFFERSON COUNTY METRO GOV’T V. TDC GROUP, LLC
GOVERNMENT:  Special legislation and KRS 241.075(2) unconstitutional; Application of 700 foot rule between licenses to sell retail liquor by drink
2006-CA-000068
PUBLISHED: AFFIRMING (WINE)
DATE RENDERED: 4/6/2007

While COAKY agreed with Metro that the ABC Board applied an incorrect rule of law in measuring the 700 feet distance between licensees required by KRS 241.075, it further concluded that this statutory requirement is unconstitutional as local or special legislation in violation of Sections 59 and 60 of the Kentucky Constitution.

Digested by Michael Stevens

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