§ 111.99 PENALTY.
   The penalties provided for in this section shall be in addition to the revocation of the offender's license.
   (A)   Any person who, by himself or herself or acting through another, directly or indirectly, violates any of the provisions of Chapter 111, for which no other penalty is provided, shall, for the first offense, be guilty of a Class B misdemeanor; and for the second and each subsequent violation, he or she shall be guilty of a Class A misdemeanor.
   (B)   Any person who, by himself or herself or through another, directly or indirectly, violates section 111.20(A) by engaging in any of the actions, business, or transactions authorized by such city and state alcohol beverage license within city limits, without both a valid city license and a valid state license, shall, for the first offense, be guilty of a Class B misdemeanor; for the second offense, he or she shall be guilty of a Class A misdemeanor; and for the third and each subsequent offense, he or she shall be guilty of a Class D felony.
   (C)   Any fee or cost imposed by Chapter 111 which is not paid on or before the due date shall bear interest at a rate of 8% per annum from the due date until the date of payment.
   (D)   Any person who violates any provision of § 111.43 shall be deemed to have committed a violation and shall, upon conviction, be fined not less than $10 nor more than $100.
   (E)   Any person who violates any provision of § 111.45(B) shall be guilty of a misdemeanor and shall, upon conviction, 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 document to purchase, attempt to purchase, or otherwise obtain any alcoholic beverage, the person shall be fined not less than $50 nor more than $500 for a first offense. For a second and each subsequent offense, the person shall be fined not less than $200 nor more than $2,000.
   (F)   Any person who violates § 111.46 shall be subject to the following:
      (1)   (a)   Performing nude or nearly nude activities as set forth in § 111.46(B)(1), or permitting those activities as set forth in § 111.46(B)(2), is a violation of that section, and punishment shall be fixed as set forth in the Kentucky Revised Statutes.
         (b)   The second violation of § 111.46(B) within a 12- month period shall constitute a Class B Misdemeanor with punishment as set forth in the Kentucky Revised Statues.
         (c)   Three or more violations of § 111.46(B) within a 12-month period shall constitute a Class A Misdemeanor with punishment as set forth in the Kentucky Revised Statutes.
      (2)   (a)   In the event that a violation of § 111.46(B) occurs, the City ABC Administrator shall forthwith conduct a hearing pursuant to KRS 243.520 (in conjunction with KRS 241.160 and KRS 241.190), to determine whether the liquor licensee at whose business establishment the activity prohibited by § 111.46(B) occurred shall have his/her or its license suspended or revoked.
         (b)   In the event three or more violations of § 111.46(B) occur at a business establishment within a 12-month period, the City ABC Administrator, after a hearing, shall revoke the retail drink license or retail malt beverage liquor license, or both.
   (G)   Any violation or offense of Chapter 111 that is not classified as a criminal offense pursuant to the Kentucky Penal Code or any other applicable state, federal or local criminal code or law, shall constitute a civil offense which shall be enforced according to the procedures set forth in the Hazard Code Enforcement Board Ordinance by the Code Enforcement Board, hearing officers, code enforcement officers, citation officers and other persons duly authorized to investigate and enforce the violations through investigation, inspection and issuance of citations. If a penalty is not stated herein for the violation, the penalty for violations of this chapter shall be as set forth in § 99.18 of the Hazard Code Enforcement Board Ordinance.
(Ord. 87-6, passed 12-14-87; Am. Ord. 2017-05, passed 12-19-16; Am. Ord. 2018-07, passed 12-4-17; Am. Ord. 2018-02, passed 12-19-17)