Louisville/Jefferson County Metro Government v. O'Shea's-Baxter, LLC

Opinion of the Court By

Justice SCOTT.

This appeal arises from a challenge by O’Shea’s-Baxter, LLC, d/b/a Flanagan’s Ale House (Flanagan’s) to an order of the Alcoholic Beverage Control Board (ABC Board) upholding the Louisville/Jefferson County Government’s (Louisville Metro) denial of Flanagan’s’s application for a retail drink license. The issues involved in the present action concern KRS 241.075, which prohibits the issuance of a retail drink license to an applicant located in a “combination business and residential area” of a city of the first class or consolidated local government if…