A Floyd County business owner recently filed a lawsuit in Floyd Circuit Court over questions regarding alcohol sales from his business located near the Mouth of Beaver Creek.
Chris McKinney, owner of Season’s Inn in Floyd County, filed the lawsuit calling for relief from violations received from the Kentucky Alcoholic Beverage Control.
The ABC stated that Season’s Inn is located in a dry territory. Questions brought by McKinney include the legality of a 1995 local option special election for the Mouth of Beaver precinct that set the City of Allen as a dry territory and whether Season’s Inn is located inside of the Allen city limits.
McKinney named the Floyd County Board of Elections, including Floyd County Clerk Chris D. Waugh, Sheriff John Hunt, Sam Stephens and Barry Davis, as respondents in the lawsuit. Floyd County Attorney Keith Bartley responded on behalf of the board of elections.
McKinney stated in his lawsuit that, “even if the election applied to the entire precinct, the (1995) election and its results” were “conducted in violation of Kentucky law.”
McKinney received a notice of violations from ABC in January, despite the agency renewing the Season’s Inn alcohol license annually since 2004, the lawsuit stated.
The ABC, according to the lawsuit, alleged that McKinney “made false, material statement in his application, because the premises allegedly were in a dry territory.” That application was filed in January 2003.
The lawsuit states that since the business is located outside of the city limits of Allen, a dry territory, but inside the limits of Floyd County, a wet territory, Season’s Inn is within its rights to sell alcohol.
According to the Bartley’s response, Waugh, who was the mayor of the City of Allen at the time of the 1995 election and is now serving in his capacity of Floyd County Clerk, has made “an exhaustive search of records available” and “little to no records exist” regarding the 1995 election.
Bartley, in his response filing, has asked the Floyd Circuit Court to determine “the validity of the 1995 election, the results of said election and its application” in regards to Season’s Inn “thereby resolving all questions.”