Request By:
Mr. Timothy Cone
Commissioner of Law
Lexington-Fayette Urban County Government
Municipal Building
Lexington, Kentucky 40507
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
Mr. John Woestendiek, staff writer for the Lexington Leader, has appealed to the Attorney General pursuant to KRS 61.880 the denial of inspection of certain records of the Lexington-Fayette Urban County Government. The records sought to be inspected are the business licenses of Lexington.
First, we would point out that when a public agency receives a written request to inspect public records the agency is required to make a written response within three days either allowing inspection of the records or denying inspection and making a statement of the specific reason authorizing the withholding of the record and a brief explanation of how the inspection applies to the record withheld. KRS 61.880. A copy of a letter of denial must be sent to the Attorney General.
We have not received a copy of the letter of denial of Mr. Woestendiek's request, and we know of no statutory reason why the business licenses of Lexington should be withheld from public inspection. The very purpose of a license is to regulate businesses and professions in the interest of the public. We believe that the public is entitled to know what businesses and professions have been licensed to exist and operate and operate within a local governmental unit.
It is therefore the opinion of the Attorney General that the public should be allowed access to the business license records of the Lexington-Fayette Urban County Government insofar as the records reveal only which individuals and businesses are licensed.
In OAG 77-586 we opined that detailed reports by hotels and motels of their occupancy and gross revenues upon which taxes are levied are exempt from public inspection under KRS 131.190. We are still of the same opinion, but the public is entitled to know what businesses are licensed.