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(A) Causes for refusal to issue or renew a city license and for suspension or revocation of a city license shall be the same as provided for state licenses according to KRS 243.450 and 243.500, as well as violation of any city ordinance regarding alcoholic beverage licensing, sales, the administration of licenses or a licensee allowing conduct on the licensed premises which is prohibited by this chapter.
(B) No license to sell alcoholic beverages shall be granted or renewed to any person or other entity delinquent in the payment of any taxes or fees due the city at the time of issuing the license; nor shall any license be granted or renewed to sell upon any premises or property, owned and occupied by the licensee, upon which there are any delinquent taxes or fees due the city. If a licensee becomes delinquent in the payment of any taxes or any fees due the city at any time during the license period, the license to sell alcoholic beverages shall be subject to revocation or suspension. The DSABC may, in his or her discretion, approve a license to sell after receiving from the City Clerk/Treasurer, a written statement to the effect that the applicant for the license has paid the indebtedness represented by the unpaid and delinquent taxes or fees. This section shall apply only to taxes and fees which are due and payable by the licensee.
(C) No retail package liquor license shall be issued for any premises unless the applicant certifies under oath that 90% of the total projected gross receipts from sale made at the licensed premises during the 12-month period following the issuance of the license shall consist of the projected gross receipts from sales of alcoholic beverages. No retail package liquor shall be renewed for any premises unless 90% of its gross receipts from sales for the immediate past month and the immediate past 12 months have been derived from the sale of alcoholic beverages.
(D) Appeals may be taken from decisions of the DSABC to the State Alcoholic Beverage Control Board according to the provisions of KRS 241.200 and 243.550.
(Prior Code, § 116.047) (Ord. 2008-01, passed 3-26-2008)
SALE OF ALCOHOLIC BEVERAGES
No person shall sell or dispense at retail, or have in his or her possession for sale, any alcoholic beverages, nor manufacture or transport any alcoholic beverages in the city unless first procuring a license under the provisions of this chapter, all state statutes and all regulations adopted pursuant thereto. This chapter and those statutes and regulations shall be hereinafter singularly and collectively referred to as the Alcoholic Beverage Control Law. The revocation, suspension, non-renewal or other action which obviates the state license shall also operate to invalidate the corresponding city license.
(Prior Code, § 116.060) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999
(A) Premises for which there has been granted a license for the sale at retail of distilled spirits and wine by the package shall be permitted to remain open during the hours of 7:00 a.m. to 12:00 midnight, but shall remain closed during the 24 hours of Sunday, Christmas and at any time when the election polls are open in the precinct in which the licensee’s business is located.
(B) Premises for which there has been granted a license for other retail sales of alcoholic beverages by the drink shall be permitted to remain open between the hours of 7:00 a.m. and 12:00 midnight, but shall be closed during the 24 hours of each Sunday, Christmas and at any time when the election polls are open in the precinct in which the licensee’s business is located. However, if the licensee provides a separate department within the licensed premises capable of being locked and closed off, within which is kept all stocks of alcoholic beverages, and if the department is kept locked during the aforesaid time the licensee is not permitted to remain open to sell alcoholic beverages, the licensee shall be deemed to have complied with division (A) above.
(C) Retail sales of malt beverages may be made between the hours of 7:00 a.m. and 12:00 midnight each day; except that, no such sales shall be made during the 24 hours of each Sunday, Christmas or during any time when the polls are open for an election in the precinct in which the license is granted. Premises for which a malt beverage license has been issued shall be permitted to remain open during the periods such sales are prohibited if all iced or chilled malt beverages are locked up and/or unchilled malt beverages are properly placarded indicating that the sale of such goods is prohibited.
(D) Any licensee for sales of alcoholic beverages by the drink or package who violates the preceding section shall be deemed guilty of a misdemeanor, shall be punished in accordance with the provisions of this chapter, and the license shall be subject to revocation or suspension within the discretion of the DSABC.
(E) During the time a licensee’s business is actually closed, the premises of any licensee for the sale of alcoholic beverages by the drink or package must be closed to and vacant of all customers and all persons except the licensee and employees, who shall be allowed on the premises for business purposes only. Alcoholic beverages shall not be sold, given away, delivered or consumed by anyone in any room of the premises during the closing hours and no parties, private or public, shall be held on the premises. The premises shall not be loaned, rented or leased to anyone during closing hours for a party or for any other purposes.
(Prior Code, § 116.061) (Ord. 2008-01, passed 3-26-2008; Ord. passed 8-13-2018)
Penalty, see § 116.999
A licensee of a premises holding a hotel/motel/inn drink license; or a licensee of a premises holding a restaurant drink license; or a licensee of a premises holding a restaurant wine license shall be allowed to remain open during hours when the sale of alcoholic beverages is prohibited for the sole purpose of providing food services to the public. However, all stocks of alcoholic beverages shall be locked and closed off from the public during said time period.
(Prior Code, § 116.062) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999
If any alcoholic beverages are found on the outside of the locked or closed-off department of any licensed premises at any hours during which the licensee is prohibited by the state law or by this chapter from selling alcoholic beverages, a prima facie presumption shall arise that such alcoholic beverages were kept outside the locked or closed-off section for the purpose of sale in violation of this chapter and the state law, and shall be grounds for revocation or suspension of the license. In addition to other penalties provided for the violation of this chapter, the DSABC is hereby authorized to confiscate the alcoholic beverages.
(Prior Code, § 116.063) (Ord. 2008-01, passed 3-26-2008)
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