§ 111.40 HOURS.
   (A)   Pursuant to the authority of KRS 244.290 and KRS 244.480, no distilled spirts, wine, or malt beverages may be sold at retail, whether by the drink or by package, in the city between the hours of 2:30 a.m. and 6:00 a.m. of any day. On Sundays, no distilled spirits, wine, or malt beverages may be sold at retail by the drink in the city between the hours of 2:30 a.m. and 11:00 a.m., and no distilled spirits, wine, or malt beverages may be sold at retail by the package in the city on Sunday between the hours of 2:30 a.m. and 11:00 a.m.
   (B)   During the restricted hours set forth in division (A) of this section, no person who has a valid city license for the sale of distilled spirits or wine or malt beverages at retail shall cause, permit, or engage in any of the actions, business, or transactions authorized and permitted thereby unless otherwise provided by this section. During such times, all persons who have such city licenses shall cause the licensed premises to be closed and vacated by all persons except the applicant and those persons identified on the application for such city licenses or any supplements thereto as officers, agents, or employees of the person to whom city license was issued. All other persons shall vacate the licensed premises and remove themselves therefrom during such times; however, any person upon the premises who purchased any alcoholic beverages by the drink from the licensee within 30 minutes prior to any such times may remain upon the premises for a period not to exceed 30 minutes thereafter for the sole purpose of the consumption of the drink purchased.
   (C)   If a separate department of the licensed premises is maintained in a manner previously approved in writing by the ABC Administrator as being capable of being locked, closed off, and separated from the remainder of the licensed premises and all distilled spirits, wine, and malt beverages and all fixtures and apparatus connected with the acts of business and transactions authorized by the state licenses and city licenses for the retail sale of distilled spirits, wine, and malt beverages from such premises are located within the approved department, and such approved department is continuously kept locked, closed off, and separated from the remainder of the licensed premises during such times, the remainder of the licensed premises may remain open and any lawful activity may be conducted thereon during such times.
   (D)   All retail sellers that hold a valid license for the sale of distilled spirits, wine, or malt beverages within the jurisdictional boundaries of the city are hereby authorized to sell distilled spirits, wine, and malt beverages, whether by the drink or by package, according to the terms of their individual license, during the hours of 6:00 a.m. to 2:30 a.m. the following day, on every day except for Sundays. All retail sellers that hold a valid license for the sale of distilled spirits, wine, or malt beverages within the jurisdictional boundaries of the city are hereby authorized to sell distilled spirits, wine, and malt beverages, by the drink, according to the terms of their individual license, between the hours of 12:01 a.m. and 2:30 a.m. on Sundays; and between the hours of 11:00 a.m. on Sundays and 2:30 a.m. on Mondays. All retail sellers that hold a valid license for the sale of wine, spirits, or malt beverages within the jurisdictional boundaries of the city are hereby authorized to sell distilled spirits, wine, and malt beverages, by package, according to the terms of their individual license, between the hours of 12:01 a.m. and 2:30 a.m. on Sundays; and between the hours of 11:00 a.m. on Sundays and 2:30 a.m. on Mondays.
('88 Code, § 111.40) (Am. Ord. 2004-17, passed 10-18-04; Am. Ord. 2006-13, passed 12-18-06; Am. Ord. 2007-07, passed 12-8-07; Am. Ord. 2013-09, passed 6-3-13) Penalty, see § 111.99