The concept of public-private partnerships or P3s is not a new one.  Government entities throughout the world have used P3s for hundreds of years to deliver services such as water, transportation, social services and infrastructure.  The United States and its local governments are not strangers to P3s, but until recently the United States has been Read More 

Effective March 23, 2015, lenders foreclosing commercial mortgages in Ohio are playing by new rules.  The revisions to Ohio’s receivership law, O.R.C. § 2735.01 et seq., clarify a receiver’s authority and, most importantly, codify a receiver’s authority to sell the property free and clear of all liens.  However, while a receiver can sell property free Read More 

On March 4th, voting 23-13, the Kentucky Senate passed House Bill 168, which will prevent beer brewers from owning alcohol distributorships in the Commonwealth. Both chambers of the General Assembly agreed that HB 168 would close a loophole that had allowed mega-brewer, Anheuser-Busch, to obtain two major distribution businesses in the State. And after the Read More 

The 2015 Regular Session for the Kentucky General Assembly is officially underway. Predictably, numerous pieces of proposed legislation are being introduced by the Senate and House of Representatives. One such bill is House Bill 90 (“HB 90”), entitled: An ACT relating to licensing retail food establishments (grocery stores) to sell packaged wine. The Bill is Read More 

The General Assembly is continuing to expand the availability and types of alcohol sold in Kentucky. Senate Bill 83, passed in May of 2014, makes it legal for microbreweries in the Commonwealth to now produce some types of alcoholic or “hard” ciders. The law will also permit the sale of certain hard ciders in a Read More 

In case you haven’t noticed, the sale of beer in “growlers” has exploded in popularity. Naturally, there is a race amongst enterprising tavern operators to get a piece of this profitable niche. For the uninitiated, a growler (ˈgrau̇-lər) is a sealable glass container that can hold less than 1 gallon of liquid — typically beer. Read More 

With summer now officially underway, a lot of folks in the Commonwealth are certain to be doing some boating. Undoubtedly, some of these boaters — captains and passengers alike — will want to enjoy some alcoholic beverages while out on the water. But before you board a boat with plans to consume alcohol, it is Read More 

On March 31, 2014, the Kentucky General Assembly passed a bill which would allow wineries throughout the Commonwealth to sell alcohol on Sunday afternoons. Senate Bill 213 (SB 213), if signed into law by Governor Beshear, will amend KRS 244.290 to authorize cities of all sizes (and counties containing cities of all sizes) to pass Read More 

Like most states, Ohio and Kentucky place quota restrictions on the type and number of liquor licenses that may be issued in a certain geographical area. These quotas serve a rational purpose: they limit the number of premises in a locale that can sell intoxicating spirits. This also prevents an over-saturation of bars and taverns, balances the needs of family-based communities, and ensures that responsible adults still have a place where they may imbibe.

Last summer, the Kentucky General Assembly’s landmark legislation surrounding liquor licensing came into effect. Senate Bill 13 (SB13) overhauled the process for gaining a liquor license in the Commonwealth. These changes constitute a necessary response to Kentucky’s fast-evolving alcoholic beverage industry. However, the overhaul may be disruptive to some applicants and license holders as it is initially rolled out.

On January 15th , the Sixth Circuit reversed the decision of the Western District of Kentucky which had previously found that the statute and regulation permitting pharmacies to sell liquor and wine (while simultaneously prohibiting grocery stores from doing so) failed rational-basis review under the Equal Protection Clause. According to the Sixth Circuit, the statute and regulation in question “conceivably seek[] to reduce access to high-alcohol products,” and thus were properly supported by a rational basis.

This past August, in a case titled Maxwell’s Pic-Pac, Inc v. Dehner, a federal judge held that certain distinctions governing the sale and distribution of liquor in Kentucky were unconstitutional under the 14th Amendment of the United States Constitution – a potentially groundbreaking decision that could impact wine and liquor sales in the Commonwealth forever.

On June 20, 2012, the Federal Highway Administration approved a cost savings plan to construct two Ohio River Bridges in Louisville. The plan will save more than $1.5 billion and cut construction time in half. One component of the plan is the use of tolls as a financing mechanism.

The American Recovery and Reinvestment Act (ARRA) will undoubtedly fund major public construction projects in Kentucky in the immediate future. Indeed, Governor Beshear recently announced through the “Kentucky at Work” program that the Commonwealth will receive $3 Billion in federal stimulus funds over the next two years under the ARRA. Notably, a large percentage of Read More 

If you’re in business, then you’re in a regulated business. Consequently, knowing the basics of the administrative process will not only keep you in compliance with the law, but can also provide your company with a sharp edge on the competition. From the simple licensing required to run a business to creative arguments necessary to Read More