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(A) Pursuant to the procedure set forth in KRS 243.480 through 243.590, city licenses may be either revoked or suspended by the City Administrator upon the occurrence of:
(1) Any violation of the provisions of this chapter or any other alcoholic beverage control ordinance of the city;
(2) Any violation of any provision of state law in regard to alcoholic beverages or the rules and regulations of the State Alcoholic Beverage Control Board in regard thereto; or
(3) Any other cause, reason or circumstance for which a state license may be revoked or suspended by the Board.
(B) City licenses may be revoked by the City Administrator upon the occurrence for any cause or circumstance which required revocation of state licenses pursuant to KRS 243.490 through 243.500 or the revocation of the state license to which a city license corresponds. Further, with the approval of the City Administrator, a licensee may, as an alternative in lieu of part or all of the days of any suspension period, pay the following sums to the city as set forth in KRS 243.480: distillers, rectifiers, vintners, brewers and blenders: $1,000 per day; wholesaler liquor licensees (includes out-of-state distilled spirits (wine producer/supplier licenses): $400 per day; malt beverage licensees: $100 per day; retail drink liquor licensees (Quota Retail Drink License): $25 per day; retail package liquor licensees (Quota Retail Package License): $25 per day; retail malt beverage licensees (NQ Malt Beverage Package License and Malt Beverage Storage License): $10 per day; and all remaining licensees: $10 per day.
(C) The procedure for the revocation or suspension of a city license shall consist of a written notice signed by the City Administrator and mailed to the licensee at the address of the licensed premises by certified mail, describing the cause, circumstance or occurrence and the time and date thereof for which the city license may be revoked and indicating the time and place of a hearing in regard thereto at least five days thereafter at which the licensee and the representatives thereof shall be heard thereon. The hearing thereon shall be conducted by the City Council in the city and according to the procedure prescribed by the State Alcoholic Beverage Control Board for hearings by the Board as supplemented by the regulations of the City Administrator. The City Administrator shall control and make all decisions in regard to the introduction of evidence and shall hear all arguments in regard thereto. At the conclusions of the hearing, the City Administrator shall issue a written decision in regard thereto and mail a certified copy thereof to the licensee at the address of the licensed premises by certified or registered mail.
(Ord. 2013-015, passed 12-9-13)
(A) No city licensee shall permit any minor to be present on the retail premises unless food comprises at least 50% of retail sales for said licensee at that premises.
(B) No city licensee shall be permitted to have live music entertainment on retail premises between the hours of 11:00 p.m. and 9:00 a.m. on Monday through Thursday or between 12:01 a.m. and 9:00 a.m. on Friday through Sunday. No city licensees having live music on the premises shall serve any malt beverage, wine or distilled spirits beverage after 12:00 midnight on any day. All city licensees having live music on the premises shall close and shall not do business between the hours of 12:30 a.m. and 9:00 a.m. Live music shall not be permitted at any time on any property zoned Bl or B2 under the zoning ordinance in effect at the time. LIVE MUSIC as defined herein shall include, but not be limited to: live bands, singers, disc jockeys, juke boxes, musical instruments and music of any other kind and presented in any format or through any device.
(C) All city licensees shall be required to post a copy of this chapter in a conspicuous location on the retail premises.
(D) No city license shall permit a private party on the licensed premise except with prior written approval of the City Administrator.
(E) Except during authorized operating hours or during an approved private party, no persons other than the licensee and employees thereof shall be present upon the licensee’s retail premises (including parking lot).
(Ord. 2013-015, passed 12-9-13; Am. Ord. 2020-006, passed 10-12-20) Penalty, see § 114.99
(A) Any person who violates any of the provisions of this chapter shall, upon conviction thereof in a court of competent jurisdiction, be sentenced to pay a fine for each offense or violations of no more than $500 or be imprisoned for not more than 30 days, or both.
(B) Any person who violates the distillers license fee provision of § 114.20 shall, upon conviction and in accordance with KRS 243.990, be sentenced to pay a fine of not less than $100 nor more than $200, or sentenced to imprisonment for no more than six months, or both for the first offense. For the second offense, the person shall be fined not less than $200 nor more than $500, or sentenced to imprisonment for no more than six months, or both. On the third and each subsequent offense, the person shall be sentenced to pay a fine of not less than $500 nor more than $5,000, or sentenced to imprisonment for not more than five years, or both.
(C) Any person who violates any provision of § 114.20 other than as discussed in division (B) above, or any provision of §§ 114.21 through 114.26, 114.40 through 114.42, 114.44 or 114.45(A) shall, upon conviction and in accordance with KRS 243.990(1) and 244.990(1), be fined not less than $100 nor more than $200, or be imprisoned for no more than six months, or both for the first offense. On the second and each subsequent offense, the person shall be fined not less than $200 nor more than $500, or be imprisoned for no more than six months, or both.
(D) Any person who violates any provision of § 114.43 shall, upon conviction and in accordance with KRS 244.990(5), be fined not less than $10 nor more than $100.
(E) Any person who violates any provision of § 114.45(B) shall, upon conviction and in accordance with KRS 244.990(5) and (6), be fined not less than $10 nor more than $100 for misrepresentation of age. For use of a false, fraudulent or altered identification card, paper or other documents to purchase or attempt to purchase or otherwise obtain any alcoholic beverage, the person shall be fined not less than $50 nor more than $500 for the first offense. For a second and each subsequent offense, the person shall be fined not less than $200 nor more than $2,000.
(F) In addition to all other penalties as set forth above, the City Administrator shall have full authority to revoke the license of any city licensee found by a court of competent jurisdiction to be in violation of the terms hereof or in violation of any KRS regarding regulation of said business.
(Ord. 2013-015, passed 12-9-13)