Kentucky Election Day: Beer Buying Rules Explained

Whether it's to ease nerves or stock up for an election watch party, many people wonder if they can buy alcohol on Election Day in Kentucky. The answer is yes, but this hasn't always been the case. Before 2013, Kentucky had a statewide ban on alcohol sales while the polls were open, with some bars even doubling up as polling stations.

Kentucky's law on buying beer on election day

In Kentucky, it is legal to buy beer on Election Day. According to KRS 244.290, any business licensed to sell alcohol is allowed to sell or deliver liquor, beer, wine, and other beverages during polling hours for any election. This law applies to both retail by-drink licensees and retail package licensees.

However, there are a couple of exceptions to this rule. The first is if the county or city is dry. The second is if the legislative body passed an ordinance after June 25, 2013, prohibiting alcohol sales during polling hours. Before 2013, Kentucky had a statewide ban on alcohol sales while the polls were open, as it was common for "saloons" to double as polling places, and politicians would offer drinks in exchange for votes. This law was changed in 2013 and took effect in 2016.

In Hopkinsville, Kentucky, for example, the Hopkinsville Code of Ordinances has been amended to allow alcohol sales on election day during the hours polls are open for voting, specifically from 6:00 a.m. to 2:00 a.m. the following day.

The history behind the law

Jim Holmberg of the Filson Historical Society of Louisville explained:

> "And, of course, one way to do that was to keep the voters liquored up and basically seduce them or bribe them with drinks, free drinks, and it could actually skew the results of the election."

The ban on alcohol sales during polling hours was a Prohibition-era response to what was already a well-established tradition in Kentucky—buying votes with liquor. Over the years, numerous attempts to bring back Kentucky’s Election Day sales were unsuccessful.

Liquor is a major business in Kentucky, and in 2012, 509,292 people took tours of the Bourbon Trail distilleries. These distillery tours are also shut down during polling hours.

In 2013, state Sen. John Schickel introduced a bill in the General Assembly to reverse the ban, amid growing concerns over the millions of dollars lost in sales—not only at bars, restaurants and liquor stores, but also along Kentucky’s Bourbon Trail. The bill included a provision for communities that wanted to continue the ban.

The Kentucky General Assembly gave final approval to the bill in 2013, and the law was changed in 2016.

Exceptions to the law

In Kentucky, the sale of alcohol on Election Day is permitted by KRS 244.290, which states that any business licensed to sell alcohol can sell or deliver liquor, beer, wine, and other beverages during polling hours for any election. However, there are a few exceptions to this law.

Firstly, the law does not apply if the county or city is a "dry" county or city, meaning that the sale of alcohol is prohibited. Additionally, if a legislative body passed an ordinance after June 25, 2013, prohibiting alcohol sales during polling hours, then the sale of alcohol on Election Day would be illegal. This ordinance can be adopted by the city to prohibit the sale of distilled spirits and wine or to limit the hours and times of sales within the city while polls are open.

Furthermore, the law only applies to licensees authorized to sell distilled spirits and wine at retail and retail malt beverage licensees. These licensees are permitted to remain open during the hours the polls are open, but the city may adopt ordinances that prohibit the sale of alcoholic beverages or limit the hours of sale.

It is important to note that the law regarding alcohol sales on Election Day in Kentucky has changed over time. Before 2013, Kentucky had a statewide ban on alcohol sales during polling hours, which was implemented due to concerns about vote-buying and the influence of alcohol on election results. However, this rule was reversed in 2013, and the new law took effect in 2016.

How the law affects businesses

In Kentucky, the sale of alcohol on Election Day is regulated by KRS 244.290 and KRS 244.480. According to these laws, businesses licensed to sell alcohol are generally permitted to sell or deliver liquor, beer, and wine during polling hours for any election. However, there are a few important exceptions and considerations that businesses must be aware of.

Firstly, if the county or city is dry, alcohol sales are prohibited. Additionally, if the legislative body passed an ordinance after June 25, 2013, prohibiting alcohol sales during polling hours, then alcohol sales would be banned on Election Day. This means that even if a business is licensed to sell alcohol, it must abide by any local ordinances that prohibit or restrict alcohol sales during polling hours.

The laws also differentiate between licensees: retail by the drink licensees, retail package licensees, and malt beverage retailer licensees. For retail by the drink and retail package licensees, the city may adopt an ordinance prohibiting the sale of distilled spirits and wine or limiting the hours and times of sales within the city while polls are open. On the other hand, for malt beverage retailer licensees, the city may adopt an ordinance prohibiting the sale of malt beverages or limiting the hours and times of sales during election day.

The regulations surrounding alcohol sales on Election Day in Kentucky have evolved over time. Before 2013, there was a statewide ban on alcohol sales during polling hours. This ban was in place due to concerns about vote-buying and the influence of alcohol on election outcomes. However, with the introduction of KRS 244.290, the law was changed to permit alcohol sales during polling hours, unless specific exceptions applied.

Businesses that sell alcohol in Kentucky must be aware of these laws and any applicable local ordinances to ensure they are in compliance during Election Day. Failure to abide by these regulations could result in legal consequences and impact their ability to operate. Therefore, it is essential for businesses to stay informed and adapt their operations accordingly on Election Day.

Other states with similar laws

In Kentucky, you can buy beer and other alcoholic drinks on election night. According to KRS 244.290, any business licensed to sell alcohol is allowed to sell or deliver liquor, beer, and wine during polling hours for any election. However, this rule was only established in 2013 and took effect in 2016.

While Kentucky has lifted its prohibition-era ban on election-day alcohol sales, several other US states and territories have maintained similar laws. As of 2023, certain parts of Puerto Rico, Alaska, and Massachusetts have election-day dry laws in place. Additionally, Utah and West Virginia ban the sale of alcohol in package stores on election day, and local governments in Alaska and Massachusetts are authorized to provide exemptions from the ban.

Internationally, several Latin American countries continue to enforce election-day alcohol restrictions, including Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, the Dominican Republic, Mexico, Panama, Peru, and Venezuela.

Frequently asked questions