By BEN FIELDS - The Independent
CATLETTSBURG — A measure that would allow certain restaurants to serve alcohol in Boyd County sailed through Tuesday’s primary, grabbing 67 percent of the vote.
The law will allow restaurants that make at least 70 percent of revenue from food sales and seat at least 100 people to serve liquor by the drink.
The issue was placed on the ballot after a push from the Kyova Mall, which garnered nearly 6,000 signatures from registered voters on a petition. Mall ownership and management has seen the move as a way to bring in popular restaurants and boost development.
“I’m excited to go into work,” said Karen Dillow, Kyova Mall manager. “I’ve had three or four restaurants that have wanted to come here and take a look around, but they were waiting on this election.”
The margin of the vote sends a clear signal as to where county residents stand, Dillow said.
“Honestly, I’m just happy that the people of Boyd County got to use their voice and say what they wanted,” she said. “We didn’t want to do something if it wasn’t what people wanted, and we felt getting it to a vote was the way to determine that.
“The county is open to many opportunities now.”
Catlettsburg Mayor Donald Wellman said he hoped to see some nice restaurants come into his city as a result of the election, though he personally opposed the measure.
“The people have spoken and we have to honor their decision,” he said.
A group that opposed the measure for moralistic reasons, Dry Forces United, tried to stop the vote, filing a lawsuit days before the primary, claiming that the issue would be on the ballot illegally because alcohol sales in a limited capacity are already legal in Ashland, and the statute the vote was based on only covers areas that are completely wet or dry.
Boyd Circuit Judge C. David Hagerman ruled that the election would continue, though he said Dry Forces could seek legal remedy after the fact.
Harold Cathey, who heads up Dry Forces United, said he isn’t sure if the group would continue to pursue the case.
“We’ll be meeting and looking at our options,” he said. “Our lawyers tell us that the Court of Appeals would throw the election out, but with this majority, I don’t know what we’ll do.”
Cathey said he was disappointed in the result of Tuesday’s vote.
“I’m disappointed most of all in the resounding defeat,” he said.
The so-called “moist law” for Boyd County will not take effect until 60 days after the election is certified.
Hagerman ruled last month that the new law will not impact Ashland’s limited sales provisions — which allow packaged liquor stores, and restaurants that make 50 percent of their revenue from food to serve alcohol in designated precincts — though restaurants that meet the new law’s requirements will be able to open in areas of the city outside of the two wet precincts.
BEN FIELDS can be reached at bfields@dailyindependent.com or (606) 326-2651.
