(A) (1) Any person violating any section of the previous sections of this Chapter 56 of the Code of Ordinances shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500 for each offense, and/or may be imprisoned in the county jail for no more than six (6) months, and each day's possession of a state license or federal permit, contrary to the provisions of this section, shall constitute a separate offense. If a person who violates any provision of section of the previous sections of this Chapter 56 of the Code of Ordinances is a corporation, partnership, joint stock company, association or fiduciary, then the president and/or the principal officer or partner responsible for such violations may be punished by imprisonment as authorized by this section.
(2) Causes for which licenses may be revoked or suspended. Any license under KRS 243.020 to 243.670 may be revoked by the City Alcoholic Beverage Control Administrator if the licensee shall have violated any of the provisions of KRS Chapters 241, 243, or 244, or any rule or regulation of the city relating to the regulation of alcoholic beverages, or if any clerk, agent, servant or employee of any licensee shall violate any of the laws, regulations or ordinances relating to alcoholic beverages, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his or her instructions. A license may be revoked for any of the reasons for which the City Alcoholic Beverage Control Administrator would have been required to refuse a license if the facts had been known.
(3) Causes for which licenses must be revoked or suspended. Any license issued hereunder must be revoked or suspended for the following causes:
(a) Conviction of the licensee or his or her agent or employee for selling any illegal beverages on the premises licensed.
(b) Making any false, material statements in an application for a license.
(c) Violation of the provisions of KRS 243.670.
(d) If, within a period of two (2) consecutive years, any licensee or any of his or her clerks, servants, agents or employees shall have been convicted of two (2) violations of the terms and provisions of KRS Chapters 241, 243 or 244 or any act heretofore or hereafter in effect relating to the regulations of the manufacture, sale and transportation of alcoholic beverages or if, within such period, any licensee or any of his or her clerks, servants, agents or employees shall have twice been convicted of any felony or of any misdemeanor directly or indirectly attributable to the use of intoxicating liquors, or of one such felony and one such misdemeanor.
(e) Willful and deliberate failure or default of a licensee to pay and excise tax or any part thereof, or any penalties imposed by or under the provisions of any statutes, ordinances or Acts of Congress relative to taxation, or for a violation of any rules or regulations of the Department of Finance made in pursuance thereof.
(f) Revocation of any license or permit provided in KRS 243.060, 243.070, 243.600 and 243.610, or granted under any Act of Congress relative to the regulation of manufacture, sale and transportation of alcoholic beverages. Any license issued under KRS 243.020 to 243.670 must be revoked or suspended in the case of sale of alcoholic beverages by the licensee at a price in excess of the price set by federal or state regulations.
(g) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device, machine or contrivance, or lottery or gift enterprise, or handbook or facility for betting or transmitting bets on horse races; or permitting to be set up, conducted, operated, kept or engaged in, on the licensed premises, any such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility.
(h) Conviction of the licensee, his or her agents, servants, or employees for:
1. The sale or use upon the licensed premises of those items described in KRS 218A.050 to 218A.130 as controlled substances;
2. Knowingly permitting the sale or use by patrons upon the licensed premises of those items described in KRS 218A.050 to 218A.130 as controlled substances.
(4) License revocation/suspension.
(a) At any time after a license has been issued hereunder, the same shall be revoked by the City Alcoholic Beverage Control Administrator, if the alcoholic beverage license issued by the state is revoked.
(b) The Administrator may, in his or her discretion, order a suspension on the license for any cause for which he or she may, but is not required to, revoke the license under the provisions of KRS 243.490, KRS 243.500; provided however, the licensee may have the alternative, subject to the approval of the City Alcoholic Beverage Control Administrator, to pay in lieu of part or all days of any suspension period, a sum as follows:
Wholesale liquor licensees, per day | $400 |
Wholesale beer licensees, per day | $100 |
Retail drink liquor licensees, per day | $25 |
Retail package liquor licensees, per day | $25 |
Retail beer licensees, per day | $25 |
All remaining licensees, per day | $25 |
(c) Payments in lieu of suspension collected by the City Alcoholic Beverage Control Administrator shall be deposited and used as local alcoholic beverage license tax receipts are deposited and used.
(d) Appeals from order of suspension and the procedure thereon shall be the same as are proved for above.
(5) Disposition. All money derived under the provisions of the above provisions shall be paid into the treasury of the city and become part of the general funds of the city.
(Ord. No. 05-2023, § 2, 7-18-23)