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
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)
(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)
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