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...