Mason Delacroix
Kentucky had been one of two states that did not allow Election Day alcohol sales. However, in 2013, the state's House approved a plan to allow alcohol sales during polling hours, and this took effect in 2016. Therefore, in Lexington, Kentucky, it is currently legal to buy alcohol on Election Day. However, the city's alcohol sales hours are currently a topic of discussion, with leaders considering expanding Sunday alcohol sales hours to match the other six days of the week.
| Characteristics | Values |
|---|---|
| Alcohol sales on Election Day | Alcohol sales are permitted during polling hours in Kentucky. |
| Past laws | Kentucky previously banned alcohol sales on Election Day, reversing the law in 2013. |
| Current laws | According to KRS 244.290, licensed businesses can sell alcohol during polling hours. |
| Local variations | Cities can adopt ordinances prohibiting or limiting alcohol sales within their jurisdiction. |
| Sunday sales | Lexington has expanded Sunday alcohol sales hours to resemble other weekdays. |
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What You'll Learn
Kentucky's ban on Election Day alcohol sales was lifted in 2013
The Kentucky General Assembly passed an ordinance after June 25, 2013, prohibiting alcohol sales during polling hours. However, this rule was reversed, and according to KRS 244.290, any business licensed to sell alcohol is permitted to sell or deliver liquor, beer, wine, and other beverages during polling hours for any election.
The University of Kentucky College of Law's Election Law Society noted that the ban on alcohol sales during polling hours had not always been in place. The society highlighted the historical context, explaining that it was previously common for "saloons" to double as polling places. This practice, combined with politicians offering drinks in exchange for votes, led to the initial implementation of the ban.
Despite the ban's lift, some groups in Kentucky opposed the sale of alcohol on Election Day. The Kentucky League on Alcohol and Gambling Problems, for example, voiced their opposition to the bill, with executive director Don Cole stating that their group represented numerous churches across the state.
While Kentucky lifted the statewide ban, individual cities within the state have the freedom to adopt their own ordinances regulating alcohol sales on election days. According to KRS 244.290(1)(a), a city can choose to prohibit the sale of distilled spirits and wine or restrict the hours and times of sales while the polls are open. This flexibility allows cities in Kentucky to make decisions that align with the specific needs and preferences of their communities.
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Lexington's Sunday alcohol sales expansion
In 2023, Lexington, Kentucky, considered expanding Sunday alcohol sales hours to match the other six days of the week. The proposal would change the current start time of 1 pm for liquor sales and 11 am for beer and wine sales to 6 am. The Lexington-Fayette Urban County Council discussed the proposal to boost the city's local business and tourism revenue and growth.
The proposal received support from some council members and local businesses in the restaurant and tourism community. However, there was also opposition from those who wanted to maintain the current sales hours, including veteran council member Fred Brown and first-year council member Tayna Fogle, who is actively helping others recover from addiction.
The fate of the expanded alcohol sales proposal rested with the urban county council, with a meeting scheduled for November. The council had previously approved an ordinance allowing alcohol sales on Election Day, reversing a ban that dated back to the Prohibition era.
In December 2023, the urban county council approved an ordinance to expand Sunday alcohol sales hours. The new rules allow restaurants and grocery stores selling beer to start sales at 6 am, while package liquor stores can begin sales at 1 pm. This change brings Sunday alcohol sales hours in line with the other days of the week.
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The impact on local businesses and tourism
Kentucky had been one of the two states that did not allow Election Day alcohol sales. In 2013, the Kentucky legislative body passed an ordinance prohibiting alcohol sales during polling hours. However, this rule was reversed in 2013 and took effect in 2016, allowing alcohol sales during polling hours.
The impact of this change on local businesses and tourism in Lexington, Kentucky, has been positive. The Distilled Spirits Council of the United States estimated that the state's treasury lost more than $625,000 a year in sales tax revenue due to the previous ban. The same estimate suggested that Kentucky retail stores, bars, and restaurants lost over $4.5 million in revenue annually. With the ban lifted, these businesses have likely experienced increased sales and revenue during election periods.
In addition to the financial benefits, the change may also have contributed to a more vibrant and lively atmosphere in Lexington during elections. Alcohol sales and consumption can enhance social interactions and create a festive ambiance, attracting tourists and visitors interested in participating in election-related events and celebrations.
Furthermore, the expansion of alcohol sales hours on Sundays in Lexington, approved by the urban county council, is expected to have a positive impact on local businesses and tourism. The change allows alcohol sales in restaurants beginning at 6 a.m. and the sale of beer at grocery stores, while package liquor stores can start sales at 1 p.m. This adjustment brings Sunday sales hours in line with the rest of the week, providing consistency for businesses and consumers.
The expanded Sunday sales hours aim to boost the city's economy and support local businesses and tourism. Yuba Dughana, owner of Big Daddy Liquor store near the University of Kentucky's campus, has observed a diverse range of customers and believes that alcohol sales contribute to the city's revenue and growth. The change caters to the demands of the restaurant and tourism communities, aligning with similar modifications in surrounding communities.
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The law before 2013
Before 2013, Kentucky had a statewide ban on alcohol sales while the polls were open on election days. This prohibition-era rule was a remnant of the time when saloons served as polling stations, and politicians offered drinks in exchange for votes. Kentucky was one of two states that did not allow election day alcohol sales, the other being South Carolina.
The law, as outlined in KRS 244.290 and KRS 244.480, stated that licensees authorized to sell distilled spirits and wine at retail were not permitted to do so during the hours the polls were open. This applied to both retail by-the-drink licensees and retail package licensees. However, a city could adopt an ordinance that prohibited the sale of alcohol or limited the hours and times of sales within the city while polls were open on election day.
The Kentucky General Assembly considered lifting the ban before the 2012 election, but it was not until after June 25, 2013, that an ordinance was passed, prohibiting alcohol sales during polling hours. This new ordinance reversed the previous rule and took effect in 2016.
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Kentucky's treasury losses due to the ban
Kentucky had been one of the two states that did not allow Election Day alcohol sales, the other being South Carolina. The ban on alcohol sales during polling hours was a Prohibition-era response to a well-established tradition in Kentucky—buying votes with liquor. Back then, saloons would double as polling places, and politicians would keep the voters liquored up to skew election results.
In 2015, a state House committee approved a bill to lift the ban on the sale of alcoholic beverages in wet areas on election days in Kentucky. The Distilled Spirits Council of the United States estimated that Kentucky's treasury lost more than $625,000 a year in sales tax revenue due to the ban. The council also estimated that Kentucky's retail stores, bars, and restaurants lost more than $4.5 million in revenue each year.
The Kentucky League on Alcohol and Gambling Problems opposed the bill, with executive director Don Cole stating that the bill "will create more problems than it solves." He argued that poll workers are not trained to handle alcoholics, and voters want to feel safe when they go to the polls.
In recent years, several towns and counties in Kentucky have voted to overturn their decades-long alcohol bans on Election Day. For example, in 2019, voters in Elkhorn City, a dry town, decided to allow alcohol sales on Election Day to attract kayaking and hiking tourists. Similarly, Powell County, home to the Red River Gorge, a popular outdoor destination, voted to go wet, and drunk driving incidents decreased after the change.
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Frequently asked questions
Yes, you can buy alcohol on Election Day in Lexington, Kentucky.
No, it hasn't. In 2013, the legislative body passed an ordinance prohibiting alcohol sales during polling hours. However, this rule was reversed in 2013 and took effect in 2016.
The ban was a relic of the Prohibition era, when saloons sometimes served as polling stations.
South Carolina is the only remaining state that enforces the Prohibition-era rule. Alaska and Massachusetts also have a general ban on Election Day alcohol sales, but local governments can exempt their communities from the ban.
According to KRS 244.290, any business licensed to sell alcohol is permitted to sell or deliver liquor, beer, wine, and other beverages during polling hours for any election.
