Schneider, 113018 KYAGO, AGO OAG 18-19

• Case Date: November 30, 2018
• Court: Kentucky

Brad Schneider, Henderson County Judge/Executive AGO OAG 18-19 No. OAG 18-019 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General November 30, 2018          Requested by: Brad Schneider, Henderson County Judge/Executive          Subject: Whether KRS 242.125(8) allows a county fiscal court to place hold a local option election.          Written by: Taylor Payne, Assistant Attorney General          Syllabus: KRS 242.125(8) does not permit a moist county containing a wet city to hold a local option election to establish the county as a wet county absent a valid petition.          Statutes construed: KRS 242.125           OPINION OF THE ATTORNEY GENERAL          Brad Schneider, Henderson County Judge/Executive, requested an opinion of this office on whether KRS 242.125(8) permits the county fiscal court of a moist county that contains a wet city to hold a local option election to establish the county as a wet county absent a valid petition.^[1] We advise that KRS 242.125(8) does not authorize a fiscal court to call for a local option election without a valid petition.          The Kentucky Constitution requires the General Assembly to "provide a means whereby the sense of the people of any county, city, town, district or precinct may be taken, as to whether or not spirituous, vinous or malt liquors shall be sold, bartered or loaned therein, or the sale thereof regulated." KY. CONST. § 61. The General Assembly provided for this process in KRS 242.020-1298, titled "Local Option Elections." At issue here is the interpretation of KRS 242.125(8), which provides:

A dry or moist county containing a wet city may hold a local option election to take the sense of the county residents for establishing the county as a wet territory. If the majority of the votes are in favor of establishing the county as a wet territory, the whole county shall become wet territory by application of KRS 242.200.

         "The cardinal rule of statutory construction is that the intention of the legislature should be ascertained and given effect." MPM Fin. Group, Inc. v. Morton, 289...