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(A) As used in KRS 244.083 and this section, PREMISES means 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 establishment is situated.
(B) With regard to persons under 21 years of age:
(1) Except as herein provided, no person under 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;
(2) No person holding any license for on-premises consumption of distilled spirits and wine or a license for retail malt beverage sales, or any clerk, servant, agent or employee thereof shall permit any person under the age of 21 years on the licensed premises unless such premises is a restaurant, grocery store, hotel, private club or upon the premises for a temporary licensed event, including plays or bona fide concerts. In such exempted premises, persons under 21 years of age shall not enter the barroom area;
(3) Minors not accompanied by a parent or legal guardian shall not remain on a licensed premises classified herein as a restaurant after the hour of 10:00 p.m. unless the minor remains only in the designated restaurant area which is clearly separated from both the barroom area and any area provided for dancing; and
(4) The prohibitions set forth in divisions (B)(1), (B)(2) and (B)(3) above shall not apply to persons under the age of 21 who are working on the premises, either as an employee or an independent contractor, which persons may enter and remain on said premises while they are working, and at no other time.
(C) A licensee or any of his or her clerks, servants, agents or employees is guilty of permitting the unlawful possession or consumption of alcoholic beverages on a licensed premises when he or she:
(1) Owns, occupies, maintains, controls, leases or exercises control or ownership of real estate, including, but not limited to, the buildings and other structures located thereon, and permits any person under the age of 21 to possess or consume any alcoholic beverage on the premises; or
(2) Owns, occupies, maintains, controls, leases or exercises control or ownership of real estate, including, but not limited to, the buildings and other structures located thereon, and allows or permits any person under the age of 21 years to remain on the premises while that person possesses or consumes any alcoholic beverage.
(D) In the event a violation occurs under the provisions of this section, the DSABC shall forthwith conduct a hearing pursuant to KRS 243.520 (in conjunction with KRS 241.160 and 241.190), to determine whether the licensee, at whose business establishment the prohibited activity occurred, may have such license suspended or revoked. In the event three or more violations under the provisions of this section occur at a business establishment within a 12-month period, the DSABC, after a hearing, shall suspend or revoke said license.
(E) No person under 21 years of age shall possess for his or her own use, or purchase or attempt to purchase or have another purchase for him or her, any alcoholic beverages. No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages.
(F) No person under 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 beverages to such person.
(G) No person under 21 years of age shall use, or attempt to use, any false, fraudulent or altered identification card or paper, or any other document, to purchase or attempt to purchase or otherwise obtain any alcoholic beverage.
(Prior Code, § 116.066) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999
Every retail licensee shall display at all times in a prominent place a printed card at least eight inches by 11 inches in size which shall show, in 30 point or larger type, substantially as follows.
Persons under the age of 21 are subject to a fine up to one hundred ($100) dollars 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.
(3) Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(Prior Code, § 116.067) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999
(A) SERVER, for purposes of this section, shall mean any person employed or working in any capacity, whether as an employee, volunteer help or as a working proprietor, in any premises licensed for the sale of alcoholic beverages where alcoholic beverages are sold or dispensed by the drink or where malt beverages are sold for consumption on the premises and whose job duties include the sale, dispensing or service of alcoholic beverages or the management of the licensed premises.
(B) All persons employed in the selling and serving of alcoholic beverages shall participate in and complete a city-approved responsible beverage service training program. For a responsible beverage service training program to be approved by the city, it must effectively train its participants in the identification of false age documents and recognition of characteristics of intoxication. The city will not require enrollment in particular classes, but only that the training be obtained from a recognized program meeting the goals expressed in this chapter.
(C) All persons required to complete training under division (A) above shall complete that training within 60 days of the date on which the person first becomes subject to the training requirement. All persons completing the training required by this section shall be re-certified in responsible beverage service training from a program approved by the city not less than once every three years thereafter.
(D) The manager of the restaurant shall be responsible for compliance with the training requirements and shall maintain for inspection by the DSABC a record or file on each employee that shall contain the pertinent training information.
(E) Any person working at a special event for which a temporary alcoholic beverage license has been approved shall not be required to comply with this section.
(Prior Code, § 116.068) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999
REGULATORY LICENSE FEE
(A) A regulatory license fee is imposed on the gross receipts from retail sales of alcoholic beverages under each license issued for the purpose of ensuring full reimbursement to the city for the cost of any additional policing, regulatory or administrative expenses related to the sale of alcoholic beverages in the city. The City Council shall adopt, at the budget adoption for the fiscal year, an annual rate for the regulatory license fee as shall be reasonably estimated to ensure full reimbursement to the city for the cost of any additional policing, regulatory or administrative expenses related to the sale of alcoholic beverages in the city. The regulatory license fee shall be in addition to any other taxes, fees, or licenses permitted by law, but a credit against the fee shall be allowed in an amount equal to the licenses or fees imposed under the provisions of this chapter.
(B) The regulatory license fee shall be 5% for the licensing year beginning 5-1-2008, and continuing thereafter until amended or repealed.
(Prior Code, § 116.080) (Ord. 2008-01, passed 3-26-2008)
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