Stephens, 032918 KYAGO, AGO OAG 18-006

Docket Nº:AGO OAG 18-006
Case Date:March 29, 2018
Court:Kentucky
 
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Hon. Michael L. Stephens, Adair County Judge Executive
AGO OAG 18-006
No. OAG 18-006
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
March 29, 2018
         Subject: Whether county ABC investigators are permitted to equip their vehicles with flashing, rotating, or oscillating blue lights because they have "full police powers of peace officers."          Requested by: Hon. Michael L. Stephens, Adair County Judge Executive          Written by: Sam Flynn          Syllabus: While county ABC investigators are "peace officers," they are statutorily prohibited from equipping their vehicles with flashing, rotating, or oscillating blue lights under KRS 189.950(2).          Statutes construed: KRS 189.920, KRS 189.950, KRS 241.110, KRS 446.010          OAGs cited: OAG 17-017           OPINION OF THE ATTORNEY GENERAL          Michael Lee Stephens, County Judge Executive for Adair County, has requested an opinion of this office as to whether county alcoholic beverage control ("ABC") administrators and investigators may equip their vehicles with blue lights for the purposes of ABC enforcement. In requesting the opinion of this office, Judge Executive Stephens stated that it was his opinion that KRS 241.110(4) provides the county alcohol beverage control administrator and investigators the authority to equip their vehicles with blue lights because the administrator and investigators ".. .have full police powers."          For the reasons set forth below, we do not believe county ABC investigators may equip their vehicles with flashing, rotating, or oscillating blue lights.          The language of KRS 241.110 provides county governments with the authority to regulate the traffic of alcoholic beverages in counties where such traffic is not forbidden. See KRS 241.110(1). Where a fiscal court has declared such regulation necessary, the county judge/ executive is required to appoint a county alcoholic beverage control administrator for the county. Id. In addition, the judge/executive may appoint "any investigators and clerks deemed necessary...

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