(A) Gambling. No gambling or game of chance unless otherwise authorized by the Commonwealth of Kentucky shall be permitted in any form on such licensed premises unless permitted by state law. Dice, slot machines, prize redemption machines with programmable payouts, or any device of chance is prohibited and shall not be kept on such premises.
(B) Radio receiving apparatus. 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 any law enforcement agency in Barren County 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 County ABC Administrator, or his or her designated investigator, shall have the authority to confiscate any and all such radio receiving apparatus.
(C) Security. The licensee shall be responsible for maintaining security on his or her 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.
(D) Prizes and premiums prohibited. It shall be unlawful for a licensee to give away, or offer to give away, anything tangible of value as a premium or prize, or for any other purpose in direct connection with the sale of malt beverages unless permitted by KRS 244.500.
(E) Treating prohibited. It shall be unlawful for the licensee under this chapter to give away any alcoholic beverage in any quantity for free or for less than a full monetary consideration unless the licensee holds a sampling license, the licensee's license type permits limited free samples (i.e., small farm winery, microbrewery, brewer's) or products are sampled at educational event authorized by 804 KAR 1:110 and 804 KAR 11:030.
(F) Drunkenness. No licensee or agent or employee of the licensee shall permit any person to become drunk or intoxicated on the premises, nor shall any licensee sell alcoholic beverages to any person who is actually or apparently under the influence of alcoholic beverages, or known to the seller or server to be an habitual drunkard or any person known to the seller or server to have been convicted of drunkenness as many as three times within the most recent 12-month period. No licensee shall permit any person who is actually or apparently under the influence of alcoholic beverages to remain on the licensed premises. As used herein, whether a person is actually or apparently under the influence of alcoholic beverages shall be determined by the licensee or server with specific reference to the principles and guidelines established in mandatory alcohol server training as to the signs of alcohol intoxication.
(G) Underage sales. The licensee shall not sell or dispense alcoholic beverages to any person who is under 21 years of age.
(H) (1) Sign requirements; notice to persons under the age of 21. The licensee shall display at all times in a prominent place a sign at least 8" x 11" in 30-point or larger type font which states as follows:
(2) Persons under the age of 21 are subject to a fine of up to $100 if they:
(a) Enter licensed premises to buy, or have served to them, alcoholic beverages.
(b) Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
(c) Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(I) License to be displayed.
(1) Pursuant to the requirements set forth in KRS 243.895, the licensee, before commencing any business for which a license has been issued, shall post and display at all times in a conspicuous place in the room or principal room where the business is carried on so that all persons visiting the place may readily see the license. The licensee shall not at any time post the license on premises other than the licensed premises or upon premises where traffic in alcoholic beverages is being carried on by any person other than the license, or knowingly deface, destroy or alter the license in any respect.
(2) The licensee shall post in a prominent place easily seen by patrons a printed sign at least 11" x 14" in size, with letters at least one inch high, supplied by the Department of Alcoholic Beverage Control, and with gender-neutral language supplied by the Kentucky Cabinet for Health and Family Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects. A person who violates this section shall be subject to a fine of not less than $10, nor more than $50.
(J) Legal transactions for wholesalers, distributors and retail. No wholesaler or distributor shall sell any alcoholic beverages to any person in the county for any consideration except under cash terms of the wholesaler or distributor at or before the time of delivery. A wholesaler is also permitted to extend credit for 30 days to a retailer for the purchase of distilled spirits and wine. No retail licensee shall sell to a consumer for any consideration except for cash or case equivalent at time of purchase.
(K) Employment restrictions. No licensee shall knowingly employ in connection with his or her business any person who:
(1) Has been convicted of any felony within the last two years unless permitted by KRS 244.090(2);
(2) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable to the use of intoxicating liquors within the last two years unless permitted by KRS 244.090(2);
(3) Is under the age of 20 years who will be serving alcoholic beverages or who will be having any contact whatsoever with the sale of alcohol as defined under state statute, unless said person is exempt or permitted by KRS 244.090 or
state law
;
(4) Within two years prior to the date of his or her employment, has had any county license under this chapter revoked for cause.
(L) Lavatory facilities required. All retail beer and retail drink licenses shall be required to provide indoor or outdoor lavatory facilities for their customers where such beverages are consumed on the premises.
(M) Nudity and adult entertainment activities prohibited. No licensee shall offer or permit nudity, adult entertainment activities, including nude or nearly nude dancing, adult motion picture, television, slide or stage shows, cabarets or sexual entertainment centers on any licensed premise. No licensee shall permit explicit sexual activity, whether actual or simulated, upon any licensed premises. No licensee shall sponsor or permit wet t-shirt or wet clothing contests, lingerie fashion shows, mud wrestling, Jell-O wrestling or similar activities, nor shall a licensee allow dancing with touching for compensation (including but not limited to wages, tips or gratuities), or any other service, display or contest requiring physical contact between patrons and/or patrons and employees on any licensed premises. No licensee shall sponsor, offer or permit drinking contests, all-you-can-drink specials or free drinks on any licensed premise in the county.
(N) Cause for revocation. Violation of this and any other section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation or suspension of County licenses.
(Ord. 584, passed 11-15-2016)