(A) No gambling or game of chance unless otherwise authorized by the commonwealth 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.
(B) (1) 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 the county as it is now or may hereafter be operated.
(2) In addition to other penalties provided for the violation of this section, the Chief of Police or the City ABC Administrator, or his or her designated investigator, shall have the authority to confiscate any and all such radio receiving apparatus.
(C) 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) It shall be unlawful for the 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 direct connection with the sale of malt beverages.
(E) No quota retail package licensee shall permit any alcoholic beverages to be consumed on the licensed premises, unless it holds an additional license authorizing same.
(F) 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 permit any drunk or intoxicated person to remain on the licensed premises.
(G) The licensee shall not sell or dispense alcoholic beverages to any person who is under 21 years of age.
(H) The licensee shall display at all times in a prominent place a sign at least eight inches by 11 inches in 30 point or larger type which states as follows:
"Persons under the age of 21 are subject to a fine of 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 get another to purchase alcoholic beverages; or
(3) Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages."
(I) (1) 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.
(2) The licensee shall not at anytime 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 licensee, or knowingly deface, destroy or alter the license in any respect.
(J) The licensee shall post in a prominent place easily seen by patrons a printed sign at least 11 inches by 14 inches in size, with letters at least one inch high, supplied by the Alcoholic Beverage Control Commission, and with gender-neutral language supplied by the Cabinet for Health Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
(K) Any off-premises signage advertising the sale of alcoholic beverages is prohibited.
(L) 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.
(M) (1) No licensee shall knowingly employ in connection with his or her business any person who:
(a) Has been convicted of any felony within the last two years, unless prohibited by KRS 244.090(2);
(b) 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 prohibited by KRS 244.090(2);
(c) 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 statute; and
(d) Within two years prior to the date of his or her employment, has had any city license under this chapter revoked for cause.
(2) Violation of this division (M) shall subject both employer and employee to penalties provided in this chapter and shall be cause for revocation of license.
(N) Malt beverage keg registration.
(1) Definitions. As used in this section, KEG is defined as a container designed and capable of holding six or more gallons of malt beverage.
(2) Malt beverage keg identification tag. All retail licensees (herein after referred to as "licensee") operating within the city who sell malt beverages in kegs for consumption off the premises of the licensee shall attach a numbered identification tag or other device as provided by the city to each keg at the time of sale and shall require the purchaser to complete and sign a keg registration form for the keg stating the following:
(a) The purchaser is of legal age to purchase, possess and use the malt beverage;
(b) The purchaser is not purchasing the keg for resale and will not allow any person under the age of 21 to consume the malt beverage;
(c) The purchaser will not remove, obliterate or allow to be removed or obliterated the identification tag;
(d) The purchaser will state the property address where the keg will be consumed and physically located; and
(e) The purchaser is aware of his or her duty to maintain a copy of the keg registration form visible and readily accessible from the location of the keg.
(3) Keg registration.
(a) The licensee shall obtain the name, address and telephone number of the purchaser and shall require the purchaser to produce a valid driver's license number and, if that is not available, to produce at least one other valid form of identification.
(b) The licensee shall retain copies of the keg registration forms for a period of one year and shall make the keg registration form available for inspection by state and local alcoholic beverage control officers and other enforcement officers.
(c) The keg registration form shall be forwarded to the city within five working days in all situations when the keg is not returned or is returned with the identification tag removed or obliterated.
(d) The city is authorized to develop appropriate rules and regulations and to develop and make available forms for the identification tags and keg registration forms.
(e) All licensees that sell or offer for sale kegs shall post on the licensed premises a notice provided by the city concerning the provisions of this section.
(4) Unlawful sales. It shall be unlawful for any licensee to sell or offer for sale kegs without the identification tags attached and the keg registration form completed. It shall also be unlawful for any person to remove or to obliterate the identification tag or to fail to have the declaration form visible and readily accessible from the location of the keg. The penalties for violation of this section shall be the penalties as set out in this chapter. In addition, licensees violating this section shall be subject to appropriate alcoholic beverage control administrative remedies.
(Ord. 05-12-12, passed 12-16-2005; Ord. 13-9-12, passed 12-10-2013; Ord. 16-14-11, passed 11-22-2016) Penalty, see § 112.99