CHAPTER 56: ALCOHOLIC BEVERAGE REGULATION
ARTICLE I.    SALES
   56.001   Sale of liquors; permitted sections
   56.002   Definitions
   56.003   Office of Alcoholic Beverage Control Administrator
   56.004   Licenses required; application; regulations
   56.005   Operation of licensed establishments
   56.006   Alcohol management for organized civic or community sponsored events
ARTICLE II.    TRAINING
   56.020   Alcohol server training required
 
   56.099   Penalties
ARTICLE I. SALES
§ 56.001   SALE OF LIQUORS; PERMITTED SECTIONS
   The licensed traffic in alcoholic liquors shall be permitted within the boundaries of the City of Berea, at such locations within such as are permissible in accordance with the city’s zoning codes.
(Ord. No. 05-2023, § 2, 7-18-23)
§ 56.002   DEFINITIONS
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “ALCOHOL.” Ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from whatever source or by whatever process it is produced.
   “ALCOHOLIC BEVERAGE.” Alcoholic brandy, whiskey, rum, gin, beer, ale, porter, wine and all other spirituous, vinous, melt or fermented liquors, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing more than 1% of alcohol by volume, which are fit for use for beverage purposes. It does not include:
      (1)   Denatured alcohol or denatured rum;
      (2)   Medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia, National Formulary or the American Institute of Homeopathy that are unfit for use for beverage purposes;
      (3)   Patented, patent and proprietary medicines that are unfit for use for beverage purposes;
      (4)   Toilet, medicinal and antiseptic preparations and solutions that are unfit for use for beverage purposes;
      (5)   Flavoring extracts and syrups that are unfit for use for beverage purposes;
      (6)   Vinegar and preserved sweet cider;
      (7)   Wine for sacramental purposes;
      (8)   Alcohol, unfit for beverage purposes, that is to be sold for legitimate external use; or
      (9)   Alcohol for mechanical and scientific purposes if unfit for a beverage.
   “BOARD.” The State Alcoholic Beverage Control Board created by KRS 241.030.
   “BOTTLE.” Any container which is used for holding alcoholic beverages for the use and sale of alcoholic beverages at retail.
   “BUILDING CONTAINING LICENSED PREMISES.” The licensed premises themselves and includes any part of any building in which the premises are contained, and any part of any other building connected with the building by direct access or by a common entrance.
   “CITY ADMINISTRATOR.” The City Alcoholic Beverage Control Administrator.
   “COMMISSIONER.” The Commissioner of Alcoholic Beverage Control.
   “CONVICTED or CONVICTION.” A finding of guilt resulting from a plea of guilty, the decision of a court, or the finding of a jury, irrespective of a pronouncement of judgement or the suspension of the judgement.
   “DEPARTMENT.” The Department of Alcoholic Beverage Control.
   “DISTILLED SPIRITS or SPIRITS.” Any product capable of being consumed by a human being which contains alcohol in excess of the amount permitted in the definition for "alcoholic beverage," obtained by distilling, mixed with water or other substances in solution, except wine.
   “DISTRIBUTOR.” Any person who distributes malt beverages for the purpose of being sold at retail.
   “FIELD REPRESENTATIVE.” Any employee or agent of the department who is regularly employed and whose primary function is to travel from place to place for the purpose of visiting taxpayers, and any employee or agent of the department who is assigned, temporarily or permanently, by the Commissioner to duty outside the main office of the department at Frankfort, in connection with the administration of alcoholic beverage statutes.
   “LICENSE.” Any license issued pursuant to KRS 243.020 to 243.670 and this subchapter.
   “LICENSEE.” Any person to whom a license has been issued, pursuant to KRS 243.020 to 243.670 and this subchapter.
   “MALT BEVERAGE.” Any fermented undistilled alcoholic beverage of any name or description, manufactured from malt wholly or in part, or from any substitute for malt, and having an alcoholic content greater than that permitted under the definition of "alcoholic beverage."
   “MANUFACTURE.” Distill, rectify, brew, bottle and operate a winery.
   “MANUFACTURER.” A vintner, distiller, rectifier or brewer and any other person engaged in the production or bottling of alcoholic beverages.
   “PREMISES.” The land and building in and upon which any business regulated by alcoholic beverage statutes is operated or carried on. It shall not include as a single unit two separate businesses or enterprises of one owner on the same lot or tract of land, in the same or in different buildings.
   “RECTIFIER.” Any person who rectifies, purifies or refines distilled spirits or wine by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits by mixing alcoholic beverages with any materials, manufactures any imitations of or compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name.
   “REPACKAGING.” The placing of alcoholic beverages in any retail container irrespective of the material from which the container is made.
   “RETAIL SALE.” Any sale where delivery is made in Kentucky to any person not holding a license.
   “RETAILER.” Any person who sells at retail any alcoholic beverage for the sale of which a license is required.
   “SALE.” Any transfer, exchange or barter for consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee, of any alcoholic beverage.
   “SELL.” This includes to solicit or receive an order for, to keep or expose for sale, to keep with intent to sell, and the delivery of any alcoholic beverage.
   “STATE ADMINISTRATOR.” The administrator of the distilled spirits unit or the administrator of the malt beverage unit or both, as the context requires.
   “WAREHOUSE.” Any place in which alcoholic beverages are housed or stored.
   “WHOLESALE SALE.” A sale to any person for the purpose of resale.
   “WHOLESALER.” Any person who sells at wholesale any alcoholic beverage for the sale of which a license is required, except a distiller, rectifier, brewer or vintner.
   “WINE.” The product of the normal alcoholic fermentation of the juices or fruits with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions. It includes champagne and sparkling and fortified wine of an alcoholic content not to exceed 24% by volume. It includes preparations or mixtures vended in retail containers if such preparations or mixtures contain not exceeding 15% of alcohol by volume.
(Ord. No. 05-2023, § 2, 7-18-23)
§ 56.003   OFFICE OF ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR
   (A)   Office created. There is hereby created in the city the office of City Alcoholic Beverage Control Administrator.
   (B)   Appointment. The City Alcoholic Beverage Control Administrator shall be appointed by the Mayor with the approval of the City Council.
   (C)   Eligibility. No person is eligible for the office of City Alcoholic Beverage Control Administrator who has himself or herself or a member of his or her immediate family has any interest in any premises or business where alcoholic beverages are manufactured, stored or sold nor shall he or she receive any commission or profit from any person applying for or receiving any license or permit. Membership in any club is not reason for ineligibility for this office.
   (D)   Oath and bond. The City Alcoholic Beverage Control Administrator, before entering upon his or her duties as such, shall take the oath prescribed in § 228 of the Constitution, and shall execute a bond with a good corporate surety in the penal sum of not less than $1,000 which cost shall be borne by the city.
   (E)   Functions of City Alcoholic Beverage Administrator. The functions of the City Alcoholic Beverage Control Administrator shall be the same with respect to city licenses and regulations, as the functions of the board with respect to state licenses and regulations, except that no regulation adopted by a City Alcohol Control Administrator may be less stringent than the statutes relating to alcoholic beverage control or that the regulations of the board. No regulation of a City Alcohol Control Administrator shall become effective until it has been approved by the City Council and the board.
   (F)   Institution of revocation proceeding; notice. The City Alcoholic Beverage Control Administrator, on his or her own initiative or on the complaint of any person, may institute proceedings, to revoke or suspend any license. Revocation or suspension shall be had only upon five (5) days notice to the licensee, and an opportunity shall be given him or her to be heard.
   (G)   Hearings. All hearings for violation of any city ordinance shall be before the City Alcoholic Beverage Control Administrator and one of the following officials being the Mayor, City Administrator, or Police Chief, at such time and location as may be ordered by the City Alcoholic Beverage Control Administrator. Complaints for violation of Kentucky state law shall be referred to the Kentucky Alcohol Beverage Control Administrator.
   (H)   Appeals. Appeals from the orders of the City Alcoholic Beverage Control Administrator may be taken to the board, by filing with the board within the time permitted by applicable Kentucky statute a certified copy of the order of the City Administrator. Matters at issue shall be heard by the board as upon an original proceeding. Appeals from order of the City Administrator shall be governed by KRS 243.550 to 243.590.
   (I)   Report from Administrator. The City Alcoholic Beverage Control Administrator will make a quarterly report to the Mayor and City Council.
(Ord. No. 05-2023, § 2, 7-18-23)
§ 56.004   LICENSES REQUIRED; APPLICATION; REGULATIONS
   (A)   License required.
      (1)   No person shall sell, deal or traffic in any of the following without having procured a license as provided by ordinance, or without complying with all statutes, ordinances and regulations applicable hereto.
         (a)   Retail dealer of malt beverages, whether by the package or by the drink;
         (b)   Distributor of malt beverages;
         (c)   Rectifier or blender of distilled spirits or vine;
         (d)   Wholesaler of distilled spirits, malt beverages or wines; with premises in the city;
         (e)   Retailer of wine or distilled spirits, whether by the package or by the drink;
         (f)   Activities for which special temporary licenses are authorized;
         (g)   Operation of a private club, as defined in state law which traffics in malt beverages, distilled spirits and wine for consumption on the premises.
      (2)   Any person violating any of the provisions of division (A) shall be deemed guilty of a Class B misdemeanor. Each sale, each dealing or each trafficking without the required license shall constitute a separate offense.
   (B)   Application for license. Applications for the issuance of new licenses shall be in writing and only upon forms provided by the Department of Alcoholic Beverage Control, Commonwealth of Kentucky. The applicant for a new license shall have caused to be published in a newspaper of general circulation in the city at least once before such application is filed a concise advertisement stating the name and address of the applicant, the name and address of the business, the type of license applied for, and the date by which the application will be made.
   (C)   Sworn information to be contained in application. Application for a license to sell, deal or traffic in alcoholic beverages shall be made in writing, properly subscribed and sworn to before a notary public or other officer authorized to administer an oath.
   (D)   Local Administrator to approve application upon receipt from the Kentucky Alcohol Beverage Control. Before being eligible to apply for a state license an applicant's city license for manufacturing, sale or transportation of alcoholic beverages must have been approved by the City Alcoholic Beverage Control Administrator.
   (E)   Payment of delinquent taxes prerequisite to issuance. No license to sell alcoholic beverages shall be granted to any person who is delinquent in the payment of any taxes due to the city at the time of issuing the license; nor shall any license be granted to sell upon any premises or property, owned and occupied by the licensee, upon which there are any delinquent taxes due the city. In such cases, if taxes due the city for any taxing period prior to the date of the application for a license are unpaid and delinquent upon the property or premises upon which a license to sell is sought, the Alcoholic Beverage Administrator may, at his or her discretion, approve a license to sell after receiving from the Finance Director a written statement to the effect that the applicant for the license has paid or has made arrangements with the Finance Director satisfactory to him or her for taking care of the indebtedness represented by the unpaid and delinquent taxes above referred to. This section shall apply only to taxes which are due and payable by the licensee.
   (F)   Issuance of city licenses. Upon the approval of the application, the applicant shall pay the amount of the license fee provided in this subchapter, within the time prescribed in this subchapter to the Finance Department who shall issue the license.
   (G)   Persons who may not be licensed.
      (1)   A natural person shall not become a licensee under the provisions of this chapter if he or she:
         (a)   Has been convicted of any felony until five (5) years have passed from the date of conviction, release from custody or incarceration, parole, or termination of probation, whichever is later;
         (b)   Has been convicted of any misdemeanor described under KRS 218A.050 through KRS 218A.130, inclusive, in the two (2) years immediately preceding the application;
         (c)   Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two (2) years immediately preceding the application;
         (d)   Is under the age of twenty-one (21) years;
         (e)   Has had any license issued under this statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any such statute, until the expiration of two (2) years from the date of the revocation or conviction; or
         (f)   Is not a citizen of the United States and has not had an actual, bona fide residence in this state for at least one year before the date on which his or her application for a license is made.
      (2)   A partnership, limited partnership, limited liability company, corporation, or other business entity shall not be licensed if:
         (a)   Each of the members, directors, principal officers, and managers does not qualify under division (G)(1)(a) through (d) of this section;
         (b)   It has had any license issued under this statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any such statute, until the expiration of two (2) years from the date of the revocation or conviction; or
         (c)   Any of the members, directors, managers, or principal officers has had any license issued under any statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages, revoked for cause or has been convicted of a violation of any such statute, until the expiration of the later of two (2) years from the date of the revocation or two (2) years from the date of conviction.
   (H)   Expiration date; renewal of licenses. All licenses, except special temporary licenses and state multiple license holders issued under this subchapter shall expire on April 30 of each year and the fees thereof shall be due and payable on or before May 1 of each year. State multiple license holders shall be known as "batch" licensees. All batch licenses shall expire on August 31 of each year and the fees thereof shall be due and payable on or before September 1 of each year.
   (I)   Special temporary license. The City Alcoholic Beverage Administrator may, in his or her sound discretion, approve a special temporary retail drink license to any person, such as craft fairs, expositions, or non-profit entities, who are qualified for such a license in accordance with the provisions of KRS 243.260. The fee for such license shall be $150 for each month or part of month for which the temporary license is issued.
   (J)   Special private club license. A special private club license may be issued to any non-profit social, fraternal, military or political organization or club, which for more than one year prior to the date of application has maintained and operated a club room or rooms from which the general public is excluded. This license shall authorize the licensee to exercise the privilege of a distilled spirits and wine retail drink license at the designated premises if the general public is excluded. All restrictions and prohibitions applying to a distilled spirits and wine retail drink license shall apply to a special private club license.
   (K)   Transfer of assignment of license without authorization prohibited. No license issued under KRS 243.020 to 243.670 to any person for any licensed premises shall be transferable or assignable to any other person or to any other premises, unless a transfer or assignment is authorized by the State Administrator in the exercise of his or her sound discretion under KRS 243.640 to 243.650. If this is so approved, a payment of $50 shall be made to the Finance Director.
   (L)   Transfer of license to other premises. In case of destruction by an act of God, or casualty for which the licensee was not responsible, of premises for which a license under KRS 243.020 to 243.670 has been issued, the State Administrator who issued the license may, if in his or her discretion such action is necessary to attain justice change the license to authorize continuance of business at other premises. No such transfer shall be made unless the licensee had filed a written verified statement of the reasons for the necessity of transfer. If the transfer is made, the State Administrator shall endorse a description of the new premises upon the license and shall date and sign the endorsement.
   (M)   Posting of license.
      (1)   Before commencing or doing any business for the time for which a license has been issued, the license shall be posted and at all times displayed 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. Licenses shall be enclosed in a wood or metal frame enclosing a clear glass space so that the whole license may be seen.
      (2)   No licensee shall post the license or permit it to be posted, upon premises other than the licensed premises or upon premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, or knowingly deface, destroy or alter the license in any respect.
   (N)   Lost or destroyed licenses. When the license shall be lost or destroyed without fault on the part of the holder of the license or his or her agent or employee, a duplicate in lieu of the original license shall be issued by Finance Director after the Finance Director is satisfied as to the facts; however, the person applying for the duplicate license shall pay a fee of $50 for issuing the duplicate.
   (O)   Sales only at place specified in license. No license issued pursuant to this subchapter shall authorize the sale of alcoholic beverages of any kind at more than one place, which shall be specified in the license, and a separate license must be taken out for each place in which any alcoholic beverages are proposed to be sold.
   (P)   Distilled spirits, malt beverage, and wine licenses; kinds; fees. The following kinds of distilled spirits, malt beverages, and wine licenses may be issued, the fees for which shall be:
      Distiller's license Class A (>50,000 gal), per annum $3,000
      Distiller's license Class B (<50,000 gal), per annum $1,500
      Rectifier's license Class A (>50,000 gal), per annum $3,000
      Rectifier's license Class B (<50,000 gal), per annum $1,500
      Wholesaler's license, per annum $3,000
      Quota retail package license, per annum $1,000
      Quota retail drink license, per annum $1,000
      Special temporary license, per event $150
      Nonquota type 1 retail drink license (includes distilled spirits, wine, and malt beverages), per annum $2,000
      Nonquota type 2 retail drink license (includes distilled spirits, wine, and malt beverages), per annum $1,000
      Nonquota type 3 retail drink license (includes distilled spirits, wine, and malt beverages), per annum $300
      Distilled spirits and wine special temporary auction license, per event $200
      Special Sunday retail drink license, per annum $0
      Caterer's license, per annum $800
      Bottling house or bottling house storage license, per annum $1,000
      Malt beverage licenses as follows:
         Brewer's license, per annum $500
         Microbrewery license, per annum $500
         Distributor's license, per annum $500
         Nonquota retail malt beverage package license issued to holder of nonquota type 4 retail malt beverage drink license, per annum $400
         All other nonquota retail malt beverage package license, per annum $400
         Nonquota type 4 retail malt beverage drink license issued to holder of nonquota retail malt beverage package license $400
         All other nonquota type 4 retail malt beverage drink license, per annum $200
      Malt beverage brew-on-premises license, per annum $100
      Limited restaurant license (includes distilled spirits, wine, and malt beverages), per annum $1,200
      Limited golf course license (includes distilled spirits, wine, and malt beverages), per annum $1,200
      Supplemental bar license (per each supplemental bar issued to same licensee at the same premises, no charge after first five (5)), per annum $1,000
      Qualified Historic Site, per annum $1,000
   (Q)   Payment of license fee. The license fee for every license issued under this subchapter shall be payable by the person making application for the license and to whom the license is issued, and no other person shall pay for any license under this subchapter. A violation of this section shall require the revocation of the license, the fee for which was paid by another and also the revocation of the license, if any, of the person so paying for the license of another.
   (R)   Regulatory license fees.
      (1)   Pursuant to KRS 243.075, effective July 18, 2023, a regulatory license fee is imposed on the gross receipts of sale of alcoholic beverages of each license issued by the City Alcoholic Beverage Administrator under this chapter, in the amount of five percent (5%).
      (2)   Payment of the regulatory license fees shall be remitted to the City Alcoholic Beverage Administrator, and shall be made on a return form provided by the city finance office. Such payments and returns are to be made no later than the last day of March, June, September, and December of each calendar year.
   (S)   Partial license fees; forfeiture; proportional payments in law.
      (1)   When a person applies for a license required or authorized by this subchapter after April 30 of any year, he or she shall be charged, if the license is issued, a license fee shall be pro-rated by month, including the month in which the license is granted until the following May 1; except that no license shall be issued for a shorter period than six (6) months. No abatement of license fees shall be permitted to any person who held a license of the same kind for the same premises in the preceding license period and who was actually doing business under the license during the last month of the preceding license period.
      (2)   The proportionate part of the license fee prescribed shall be paid in advance at the time the application therefore shall be made and the license issued as herein provided for. If any license is revoked or cancelled for any reason by the City Alcoholic Beverage Administrator, the licensee shall forfeit any and all claims which he or she might otherwise have had to any portion of the license fee paid by him or her upon the issuing of the license.
      (3)   Should any person after obtaining a license to carry on any of the businesses mentioned under this subchapter, be prohibited from conducting such business for the full term of the license because of any changes that may hereafter be made in the laws of the state with reference to intoxicating liquors, then the city shall refund to him or her the proportionate part of the license for the period during which he or she is prevented from carrying on the business.
   (T)   Revocation and/or suspension of licenses. Licenses issued under this subchapter may be revoked or suspended as provided in § 56.003 of this Code.
   (U)   Disposition. All money derived from the collection of license fees or the forfeiture of bonds, pursuant to this subchapter, shall be paid into and become part of the general fund of the city government.
(Ord. No. 05-2023, § 2, 7-18-23)
§ 56.005   OPERATION OF LICENSED ESTABLISHMENTS
   (A)   Prohibited retail sales.
      (1)   No retail licensee shall sell, give away or deliver any alcoholic beverages or procure or permit any alcoholic beverages to be sold, given away or deliver to:
         (a)   Any person under the age of twenty-one (21);
         (b)   Any person actually or apparently under the influence of alcoholic beverages;
         (c)   A habitual drunkard or any person convicted of drunkenness as many as three (3) times within the most recent twelve (12) month period; or
         (d)   Any person known to the seller to have been convicted of any misdemeanor attributable directly or indirectly to the use of alcoholic beverages, or of any felony.
      (2)   Under subdivision (A)(1)(a), it is an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his or her age could not have been ascertained by any other means and that the purchasers appearance and character indicated strongly that he or she was of legal age to purchase alcoholic beverages, such evidence may be introduced either in mitigation of the charge or as a defense to the charge itself.
   (B)   Persons under the age of twenty-one (21) not to possess or purchase liquor nor to misrepresent age or use fraudulent identification nor to loiter in barrooms; exceptions.
      (1)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         “LOAF.” To spend time in idleness; as to loaf time away.
         “LOITER.” To be slow in moving, delay, linger, saunter, tarry, lag behind; to wander as an idle vagrant; and to waste time.
         “PREMISES.” 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 is situated.
         “RESTAURANT.” An establishment, the principal business of which is the furnishing of meals to the public. The incidental sale of sandwiches and other food items shall not render any licensed premises a "restaurant" within the meaning of this regulation.
      (2)   Prohibitions.
         (a)   No person under twenty-one (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.
         (b)   No person under twenty-one (21) years of age shall possess for his or her own use, or purchase or attempt to purchase for him or her any alcoholic beverages. No person shall aid or assist any person under twenty-one (21) years of age in purchasing or having delivered or served to him or her any alcoholic beverages.
         (c)   No person under twenty-one (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 beverage to such person.
         (d)   No person under twenty-one (21) years of age shall use or attempt to use false, fraudulent or altered identification cards or paper or any document to purchase or attempt to purchase or otherwise obtain any alcoholic beverage.
         (e)   No person under the age of twenty-one (21) years shall possess in the city any alcoholic beverage outside of the confines of his or her abode or any residence. Any alcoholic beverages found in possession of such person shall be seized as contraband.
         (f)   No person under the age of twenty-one (21) years shall loaf or loiter in or about the barroom of any licensed premises where alcoholic beverages are sold by the drink.
         (g)   Any person under the age of twenty-one (21) years remaining in any barroom of any premises licensed to sell alcoholic beverages for the purpose of listening to a radio or for the purpose of listening to and observing a television set, will be considered as loafing and loitering within the meaning of this regulation. The listening to any radio program or the observance and listening to any television program by minors in any premises licensed to sell alcoholic beverages by the drink shall not permit the establishment to be considered as a place where a public exhibition, sport or athletic event is being conducted. Any minor, or minors, entering or remaining in any licensed premises having a bar at which alcoholic beverages are sold by the drink for the purpose of playing pool, and the like, will be considered as loitering or loafing within the meaning of this regulation.
      (3)   Exceptions.
         (a)   Limited. Exceptions are limited to those created by KRS 244.085, KRS 244.087, and KRS 244.090, if applicable.
         (b)   Persons under twenty-one (21). Persons under the age of twenty-one (21) years may patronize licensed establishments such as restaurants, grocery stores, drug stores, hotels, private clubs, parks, fairs or public exhibitions where sports or athletic events are scheduled. Bowling is considered an athletic event. During junior league bowling, the sale of alcoholic beverages on licensed premises is prohibited.
         (c)   Retail premises to furnish clear view from sidewalk or entrance; hotel or club may serve in separate room. The entrance doors of any premises for which a retail license has been issued shall be of clear glass. The premises shall be so erected and maintained as to furnish a clear view of the entire premises from the sidewalk, or, if the premises are not on the street level, from the entrance. No partition, box, stall, screen, curtain or other device shall obstruct the view or the general observation of persons, but partitions, subdivisions or panels that are not higher than forty- eight (48) inches from the floor shall not be construed as obstructing the view or the general observation of persons. Any license to any bona fide hotel or club shall entitle the licensee to serve such alcoholic beverages as it is licensed to sell in a separate room at banquets or where meals are served.
         (d)   Retail premises not to be disorderly.
            1.   No person licensed to sell alcoholic beverages at retail shall cause, suffer, or permit the licensed premises to be disorderly.
            2.   Acts which constitute disorderly premises consist of causing, suffering, or permitting patrons, the licensee, or the licensee's servants, agents, or employees to cause public inconvenience, annoyance or alarm, or wantonly creating a risk through:
               a.   Engaging in fighting or in violent, tumultuous or threatening behavior;
               b.   Making unreasonable noise;
               c.   Refusing to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency;
               d.   Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose;
               e.   Creating a public nuisance;
               f.   Engaging in criminal activity that would constitute a capital offense, felony, or misdemeanor; or
               g.   Failing to maintain the minimum health, fire, safety, or sanitary standards established by the state or a local government, or by state administrative regulations, for the licensed premises.
         (e)   Security and lighting. The licensee shall be responsible for maintaining security on his or her premises including providing adequate lighting to illuminate the sidewalk and all adjacent parking areas 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.
         (f)   Business hours.
            1.   Distilled spirits and wine by the drink. Unless otherwise provided herein, the selling, giving away, or delivering of distilled spirits, wine by the drink, or malt beverages shall not be permitted during the following hours:
               a.   Between the hours of 1:00 a.m. and 11:00 a.m. on a Sunday;
               b.   Between the hours of 1:00 a.m. and 6.00 a.m. on Monday through Saturday.
            2.   Retail package distilled spirits and wine. The selling, giving away, or delivering of packaged distilled spirits or wine shall not be permitted during the following hours:
               a.   Between the hours of 1:00 a.m. and 11:00 a.m. on a Sunday;
               b.   Between the hours of 11:00 p.m. on a Sunday and 6:00 a.m. on a Monday, except when Christmas Eve and New Year's Eve fall on a Sunday, then between the hours of 1:00 a.m. and 6:00 a.m. on that Sunday; and
               c.   Between the hours of 1:00 a.m. and 6:00 a.m. on any day from Tuesday through Saturday.
            3.   A premises must obtain the appropriate type(s) of license(s) prior to being able to lawfully sell, give away, or deliver alcohol of any kind pursuant to the relevant licensing provisions of this chapter.
            4.   If a licensee provides a separate locked department within its licensed premises capable of being locked and closed off, within which is kept all stocks of distilled spirits and wine, and such department is kept locked during the applicable times mentioned above, it shall be deemed to have complied with this section.
            5.   a.   The term “LOCKED DEPARTMENT” shall include all display windows, show cases, shelves, and counters. In no event shall the shelves and counters be left open, but shall have a door affixed thereto, and the storeroom, display windows, show cases, shelves and counters shall be under lock and key. The door may be sliding or affixed with hinges and may be glass, wood, or wire netting of not more than one inch mesh.
               b.   A separate locked department will be deemed to exist if the licensee uses a register or computerized check-out system that prohibits the sale of alcoholic beverages and the licensee physically conceals or covers all stocks of alcoholic beverages during the times the licensee is not permitted to remain open.
            6.   A licensee shall not sell, give away, or deliver any alcoholic beverage or permit any alcoholic beverage to be sold, given away, or delivered on the licensed premises during the hours specified above. A licensee shall not permit the consumption of alcoholic beverages on the licensed premises for a period of more than thirty (30) minutes after the hour it is to close for business or to stop selling and delivering alcoholic beverages.
         (g)   Control of beverages on the licensed premises.
            1.   Premises of retail package licensees. No bottle of distilled spirits or wine shall be opened or consumed on the licensed premises by any person.
            2.   Premises of malt beverage licensees and retail drink licensees. No distilled spirits, vine or malt beverages shall be taken from the licensed premises in an open container.
         (h)   Duty to display warning. It shall be the duty of every retail licensee to display at all times in a prominent place a printed card at least eight inches (8") by eleven inches (11") in size which shall show, in thirty (30) point or large type substantially as follows:
            "WARNING TO MINORS
            Persons under the age of 21 are subject to a fine up to $100 if they:
            1.   Enter licensed premises to buy, or have served to them, alcoholic beverages.
            2.   Possess, purchase, or attempt to purchase, or to get another to purchase, alcoholic beverages.
            3.   Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages."
         (i)   Prizes and premiums. It shall be unlawful for any licensee under this subchapter 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.
         (j)   Gambling; games of chance. No gambling or games of chance shall be permitted in any form upon such licensed premises. Dice, slot machines, or any device of chance are prohibited and shall not be kept on such premises.
         (k)   Controlled substances. It shall be unlawful for any licensee under this subchapter to sell, to smoke or keep or permit to be sold, smoked or kept upon the licensed premises any marijuana. 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 subchapter for the violation of this section, the City Alcoholic Beverage Control Administrator shall also have the authority to revoke the license issued to said premises.
         (l)   Radio receiving apparatus. It shall be unlawful for any licensee licensed under this subchapter to have or maintain any radio receiving apparatus on such premises which is intentionally adjusted so as to receive police messages broadcast from the police radio station as it is now or may hereafter be operated. In addition to other penalties set out in this subchapter for the violation of this section, the radio receiving apparatus shall be confiscated.
         (m)   Warning systems. It shall be unlawful for any license under this subchapter to have or maintain any sound, light or other warning system on such premises which is intentionally adjusted or constructed or which is utilized in such a fashion as to indicate to employees or patrons of the establishment that law enforcement officials are on the premises. This section includes announcements made over the public address systems.
         (n)   Permitting possession and consumption of alcoholic beverages on premises.
            1.   No person being the owner or occupant or otherwise in possession of any property located within the city knowingly shall allow any person under the age of twenty-one (21) years to remain on such property while in the possession of intoxicating liquor or beer or while consuming intoxicating liquor or beer.
            2.   It shall be an affirmative defense under this section if the person charged with the offense, enlisted the aid of and cooperated with law enforcement personnel to cause minors who are utilizing intoxicating liquor or beer in violation of this section to not remain on his property.
   (C)   The entrance of any premises for which a retail license has been issued shall be of clear glass and permit an unobstructed view. If the premises are located at street level, the view of the entrance from the sidewalk must be unobstructed, or if the premises are not located at street level, the view from the entrance must be unobstructed. No partition, box, stall, screen, fence, curtain or any other device shall obstruct the view of the entrance or the general observation of persons, nor prohibit ready access to and from the entrance. Any outside areas where alcoholic beverages are served to or consumed by customers or patrons of the licensed premises and outside seating areas of the licensed premises shall be in an area fully under the exclusive control and possession of the licensee and shall be enclosed by such a permanent structure as may be permitted under the ordinances of the city. No such outside areas shall be readily accessible except by means under the exclusive control of the licensee.
(Ord. No. 05-2023, § 2, 7-18-23)
§ 56.006   ALCOHOL MANAGEMENT FOR ORGANIZED CIVIC OR COMMUNITY SPONSORED EVENTS
   (A)   (1)   An "organized civic or community-sponsored event" means a public gathering of broad appeal where citizens are invited and encouraged to attend that is sponsored or acknowledged by the City of Berea, or is located on property owned or controlled by the City of Berea, including any convention, conference, celebration, pageant, parade, festival, fair, public display, commemoration, or other type of public assemblage conducted for the benefit and enjoyment of the general public.
      (2)   An "organized private activity” means any assembling or congregating of people on city owned or controlled property, to include the Tolle Building and the adjacent pavilion area, which has been specifically permitted by the Mayor or other appropriate city officer.
   (B)   For all organized civic or community-sponsored events, and for all organized private activity, for which the sponsor intends to include the serving of alcoholic beverages pursuant to Kentucky law, the following policies will apply:
      (1)   All such events shall require an event permit issued by the City of Berea signed by the Mayor, and subject to the following policies and any special provisions or limitations placed thereon by the Mayor. This is an event permit and not a city alcohol license.
      (2)   There shall be no fee required for an application for an event permit.
      (3)   Any alcohol vendor shall have all necessary applicable Kentucky and city alcohol licenses.
      (4)   Any sponsor of an organized civic or community-sponsored event shall require its alcohol vendors to comply with these policies.
      (5)   All alcohol vendors at an organized civic or community-sponsored event shall obtain an event permit from the City of Berea as set out in division (1) above. This requirement includes temporary licensees for fairs and festivals pursuant to KRS 243.260, microbreweries, distilleries, and small farm wineries (See 804 KAR 4:251).
      (6)   The event permit shall include:
         (a)   Specification of the area in which alcohol may be served, and may require limited access to such site, such as within a fence or other visible barrier, with designated entrances and exits.
         (b)   Provision for adequate signage to be posted regarding the area designated for alcohol sales and ID checking policies.
         (c)   Requirement that all staff and volunteers be trained in alcohol policies and procedures, and attend a responsible beverage serving training class approved by the city, pursuant to Berea City Code § 56.020.
         (d)   Provide that alcohol sales shall be permitted only for certain hours during the event, and shall cease thirty (30) minutes prior to the end of the event.
         (e)   Provide that no one under the age of twenty-one (21) years will be allowed to purchase, possess, or consume alcohol at the event.
         (f)   Provide for such security as the Mayor may require.
         (g)   Provide for a liability insurance policy covering the vendor for public liability during the event for a minimum of $1,000,000.
      (7)   No alcohol sales shall be permitted in Memorial Park on Jefferson Street.
(Ord. No. 09-2023, § 1, 11-7-23)
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