County Attorney: State Alcoholic Beverage Control Says They Will Not Issue License to Sell Even If Lincoln Goes Wet

Current Measure to Sell Alcohol in Lincoln is Incorrect, County Says

Darren Doyle, story:
Edmonson County Attorney Adam Turner reported at this evening's Edmonson County Fiscal Court meeting that the Kentucky Department of Alcohol Beverage Control (ABC) has just informed him that no licenses will be granted to sell alcohol in the Lincoln District, even if the measure to make the precinct wet is passed in next week's upcoming vote.

Turner said when an earlier attempt by some residents to petition for a countywide wet/dry vote failed, another attempt by local business owner Tony Mello to push for a precinct vote was then discussed.

"I think I advised then, to the Fiscal Court that there were two different interpretations of the law, where you could do a straight up-down ballot measure for a precinct/territory, and the other interpretation was that you couldn't, unless it was for a golf course, a small farm winery, or distillery, or, like any other small, local option. At that point, we didn't get a whole lot of feedback, just repeating interpretations of the law, and so I advised just to put it on the ballot, so it got on the ballot."

After signatures were gathered by those in favor of the measure in the precinct, the County Clerk's Office was tasked to verify the petition signatures. Judge/Executive Scott Lindsey's Office then presented it to County Attorney Adam Turner's Office, who also reviewed and determined it was legally acceptable. Following, Judge Lindsey's office then sent an order to the Clerk's Office for the option to be officially added to the ballot for the upcoming election, which states, "Are you in favor of the sale of alcoholic beverages in the Lincoln Precinct (E101) of Edmonson County, Kentucky?"

Turner then said after it appeared on the ballot, the ABC contacted his office, which was last week, along with the Judge/Executive's Office and advised them that even if the vote passed, no licenses or permits would be issued to sell alcohol in the district.

After the meeting, we spoke with County Attorney Turner and asked him for more details as to why the ABC made their decision.

"These are passed by local options, not precincts," he told the Edmonson Voice. "After the countywide measure failed, Tony Mello wanted to just do one for Lincoln and that's when I started looking into whether or not we could just pass a flat one for a precinct."

Turner said he spoke with an official from the Kentucky Association of Counties whose interpretation was for a precinct measure, but Turner's own interpretation was in alignment with the current ABC decision, which was specific to a local territory, such as a golf course, distillery, or winery. Other options also include an incorporated city within a dry county.

​He said he received no further guidance from any other state officials and decided to move forward with other local officials to allow the vote on the ballot.

"When ABC found out it was on the ballot, they called me and said we can't do that and they would essentially not give anyone a permit or license to sell alcohol," he said.

When asked what measures could local vendors take to obtain a permit in the event that the vote still goes wet, Turner said he was told ABC would send him information on the "process to do what we want to accomplish" under the correct circumstances, however, he said he had not currently received any further info.

County Clerk Kevin Alexander told the audience tonight that it was important to understand that the measure will still be on the ballot and that Lincoln will still either remain dry or will turn wet, despite the fact no licenses will currently be issued, insinuating to the notion that something could come of it later, in the event the precinct becomes wet.

"Whether you support it or oppose it, it will still be on the ballot, and you should still get out and vote your choice," Alexander said.