EDDYVILLE, Ky. — A new law allowing local-option elections on whether to serve liquor in restaurants that seat more than 100 people does not apply to fifth-class cities, Lyon County Attorney Lindell Choate says.

        An election on the issue should not take place in Kuttawa, population 500, because it is a fifth-class city, Mr. Choate argued Thursday before Special Circuit Judge Edwin M. White. Mr. Choate said the "notwithstanding” clause in the law gives additional authority to hold such elections to only fourth-class communities, which previously could not vote on liquor-by-the-drink sales. Judge White said he would most likely rule before Nov. 7.

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