Attorney General Opinions 
Relating to County Government

2002 Alcoholic Beverages

  • When a county approves liquor by the drink in a countywide referendum, this makes liquor sales legal throughout the county, which includes all cities within the county unless liquor sales within a city’s boundaries have been prohibited by voter referendum. A city cannot prohibit such liquor sales by ordinance, nor can it limit liquor sales to only some establishments or occasions.  Cities have much broader regulatory authority over the sale of beer within their jurisdiction, including the power to prohibit such sales entirely.  Opinion No. 02-092 (August 28, 2002).
  • A county cannot revoke a beer permit solely on the basis that the business is located within 2,000 feet of a church if the church was built after the business was granted the beer permit.  Opinion No. 02-061 (May 8, 2002).
  • In a county which has not approved liquor by the drink by countywide referendum but in which one or more cities have approved liquor by the drink in a municipal referendum, the hours for the sale of beer are the same as the hours for the sale of liquor by the drink.  These hours may be extended by the governing body of the county or municipality.  Opinion No. 02-033 (March 15, 2002).
  • In a county which has not approved liquor by the drink by countywide referendum but in which a city has done so, the hours for the sale of beer are the same as the hours for the sale of liquor by the drink.  The ABC recently changed the starting time for the sale of liquor by the drink on Sundays to 10:00 a.m., which also had the effect of changing the starting time for the sale of beer in those particular counties to 10:00 a.m.  This time for Sunday beer sales applies both to package sales for off-premises consumption and sales for on-premises consumption. The starting time for beer sales on Sunday in those counties remains at 10:00 a.m. even if one or more cities within the county have exercised their option to override the ABC’s change and leave the starting time for liquor by the drink at 12:00 noon on Sundays.  Opinion No. 02-023 (February 27, 2002).
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