All licenses granted under this chapter shall be subject to the following conditions, prohibitions and/or restrictions and all other provisions of KRS Chapters 241, 242, 243 and 244 other ordinances and regulations of the city applicable thereto:
(A) Every licensee hotel and licensee private club shall be entitled to serve such beverages as such licensee is entitled to serve in a separate room or rooms at banquets or dinners or where meals are served; however, no hotel/motel or private club shall maintain or operate or permit to be operated more than one bar or room where alcoholic beverages are sold and which is opened to the general public without first obtaining a separate license for each bar or room which is opened to the general public.
(B) Each licensed premise shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises and no nuisance suffered, permitted or maintained thereon.
(C) No gambling or game of chance shall be permitted in any form on such licensed premises. Dice, slot machines, or any device of chance is prohibited and shall not be kept on such premises.
(D) It shall be unlawful for any licensee licensed under this chapter to have or maintain any radio receiving apparatus on such premises which is intentionally adjusted so as to receive police messages broadcast from the Regional Public Safety Communications Center as it is now or may hereafter be operated. In addition to other penalties provided for the violation of this section, the Chief of Police or the City Administrator shall have the authority to confiscate any and all such radio receiving apparatus.
(E) It shall be unlawful for any licensee under this chapter to permit the sale, use and/or storage of controlled substances defined in Kentucky Revised Statutes with the exception of possession of properly prescribed medications upon the licensed premises. It shall be unlawful for any licensee, except licensed drug stores, to keep or sell or permit to be sold or used on the licensed premises any narcotic or barbiturate drugs. In addition to other penalties set out in this chapter for the violation of this section, the City Administrator shall also have the authority to revoke the license issued to said premises.
(F) The licensee shall be responsible for maintaining security on his premises including providing adequate outside lighting to permit customers to utilize the parking area and to promote the safety, health and welfare of the general public utilizing the licensed premise. Security standards are further necessary to discourage unlawful activity in and around the licensed premises.
(G) No license shall be issued to any person, firm or corporation for the sale at retail of any alcoholic beverage at any store or other place of business where a substantial portion of its business consists of the selling of school books, school supplies, food, lunches or drinks for such minors irrespective of the distance of such store or other place of business from a church, school or hospital.
(H) It shall be unlawful for any licensee under this chapter who sells alcoholic beverages of any kind, to give away or offer to give away anything tangible of value as a premium or prize, or for any other purpose in connection with the sale of alcoholic beverages.
(I) No licensee or agent or employee of a licensee shall permit any person to become drunk or intoxicated on the premises, nor shall any licensee permit any drunk or intoxicated person to remain on the licensed premises.
(J) No licensee or agent or employee shall permit any person or persons, other than employees of the licensee, to open any bottle of distilled spirits, wine or malt beverages, and no container of distilled spirits, wine or malt beverage shall be opened nor its contents consumed on the licensed premises unless the licensee holds a retail drink license.
(K) As used in this section: "Premises" means the place of business of a person licensed to sell alcoholic beverages including, in the case of drive-in establishments, the entire lot upon which the business establishment is situated.
(1) No person under 21 years of age shall enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages.
(2) No person under 21 years of age shall possess for his or her own use or purchase or attempt to purchase or have another purchase for him or her any alcoholic beverages. No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages.
(3) No person under 21 years of age shall misrepresent his or her age for the purpose of inducing any licensee, or other employee of any licensee, to sell or serve any alcoholic beverages to such person.
(4) No person under 21 years of age shall use or attempt to use any false, fraudulent, or altered identification card or paper or any document to purchase or attempt to purchase or otherwise obtain any alcoholic beverage.
(5) It shall be unlawful for any person under the age of 21 years to possess in the City of Ashland, Kentucky, any alcoholic beverages outside of the confines of his, or her, abode or residence. Any alcoholic beverages found in possession of such person shall be seized as contraband.
(6) (a) Except as provided in KRS 244.090, a licensee, or the licensees agents, servants, or employees shall not permit any person under 21 years of age to remain on any premises where alcoholic beverages are sold by the drink or consumed on the premises, unless: the usual and customary business of the licensee is a hotel, motel, restaurant, convention center, convention hotel complex, racetrack, simulcast facility, golf course, private club, park, fair, church, school, athletic complex, athletic arena, theater, small farm winery, distillery, brewery, winery, convenience store, grocery store, drug store, entertainment destination center, licensed APC premises, live music or other entertainment or public facility, or any other business type, as determined by the ABC Board through the promulgation of administrative regulations, whose operations allow it to adequately monitor and prevent alcohol sales to minors.
(b) All alcoholic beverage inventory is kept in a separate, locked department at all times when minors are on the premises.
(7) (a) Except as provided in division (K)(6) of this section, a licensee or the licensee's agent, servant, or employee shall not allow any person under the age of 21 to remain on any premises that sells alcoholic beverages by the package unless the underage person is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drug store or similar establishment.
(b) Except as provided in division (K)(6) of this section, a person under the age of 21 shall not remain on any premises that sells alcoholic beverages by the package unless the underage person is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drug store or similar establishment.
(8) Except as provided in division (K)(6) of this section, a person under the age of 21 should not remain on any premises that sells alcoholic beverages by the package unless the person under the age of 21 is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drug store or similar establishment.
(L) It shall be the duty of every retail licensee to display at all times m a prominent place a printed card at least eight inches by 11 inches in size which shall show, in 30-point or large type, substantially as follows:
WARNING TO MINORS
Persons under the age of twenty-one (21) are subject to a fine of up to one hundred ($100.00) dollars if they:
1. Enter licensed premises to buy, or have served to them, alcoholic beverages.
2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(M) No wholesaler or distributor shall sell any alcoholic beverages to any person in the city for any consideration except under the usual credit or cash terms of the wholesaler or distributor at or before the time of delivery. Nor shall any retail licensee sell to a purchaser for any consideration except for cash at time of purchase.
(N) Persons at least 18 years of age may stock, arrange displays, accept payment for and sack malt beverages by the package, under the supervision of an adult. Delivery of malt beverages away from the parking area of the licensed premises shall not be performed by any under the age of 20 years.
(O) No licensee shall knowingly or willfully allow in, upon or about his licensed premises lewd, immoral or obscene entertainment, activities or advertising materials.
(P) No malt beverages shall be sold or purchased for consumption on a premise with a carry-out package license. No malt beverages shall be sold or purchased to be carried out of a premise with a restaurant or hotel/motel by-the-drink license.
(Ord. 8, 2021, passed 1-28-21)