Request By:
Mr. Robert R. Baker
Assistant Commonwealth's Attorney
P.O. Box 225
Stanford, Kentucky 40414
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Reid C. James, Assistant Attorney General
This is in response to your request for an opinion of this office regarding the sale of alcoholic beverages seized under a general order of execution. You have noted that the Lincoln County Sheriff executed upon a large quantity of alcoholic beverages after entering a residence to seize household goods and personalty under a general order of execution. Based upon this seizure you inquire whether the sheriff may proceed to sell these goods at the courthouse door as he does other property.
KRS 242.230 prohibits the sale of alcoholic beverages in dry territory. It is therefore our opinion that the sheriff may not sell these beverages as he does other property. Both the sheriff and purchaser would be in violation of this provision if they acted otherwise. It is also notable that a license is required for the sale of alcoholic beverages, which again the sheriff would not possess. KRS Chapter 243.
While no specific provision exists for the sale of alcoholic beverages seized under a general order of execution, it is our belief that the Alcholic Beverage Control Board could sell those goods pursuant to the provisions of KRS 244.195. The Board would, of course, be entitled to one-half of the proceeds of such a sale, plus expenses, were it to agree to do so.