§ 113.40 HOURS OF SALE.
   (A)   Except as provided in division (D) of this section, no premises for which there has been granted a license for the sale of distilled spirits or wine at retail shall be permitted to remain open for any purpose between 1:00 a.m. and 8:00 a.m., or at any time during the 24 hours of a Sunday after 1:00 a.m. However, if a licensee provides a separate department within his licensed premises capable of being locked and closed off, within which is kept all stocks of distilled spirits and wine, and all fixtures and apparatus connected with his business as a licensee, and the department is kept locked during the times mentioned above, he shall be deemed to have complied with this section.
   (B)   Except as provided in division (D) of this section, no brewer or distributor shall deliver any malt beverages on Sunday or between the hours of 12:00 a.m. and 6:00 a.m. on any other day of the week. No retailer shall sell, give away, or deliver any malt beverages between 1:00 a.m. and 6:00 a.m. or at any time during the 23 hours of a Sunday after 1:00 a.m.
   (C)   In all places wherein spirituous, vinous, or intoxicating liquors or malt beverages are sold by the drink for consumption on the premises in the city, no spirituous and/or vinous and/or intoxicating liquors and/or malt beverages shall be served to patrons after 2:00 a.m., prevailing time. In addition, all patrons shall vacate the establishment selling spirituous and/or vinous and/or intoxicating liquors and/or malt beverages no later than 2:15 a.m., prevailing time.
   (D)   Limited Sunday liquor drinking (hours of operation shall be 12:00 p.m. to 12:00 a.m.) for available holders of liquor drink licenses that are restaurants with a minimum seating capacity of one hundred (100) people for dining, and that receive at least seventy percent (70%) of their gross income from the sale of food. This division does not exempt retailers from observing all other conditions and requirements under any other ordinance or laws of the Commonwealth of Kentucky. A premises granted a souvenir package Sunday sale license shall be eligible to operate between the hours of 12:00 noon to 12:00 midnight. Limited Sunday retail package and malt beverage sales (hours of operation shall be 12:00 p.m. to 12:00 a.m.) for liquor stores, convenience stores, and grocery stores licensed for the retail sale of package and malt beverages.
   (E)   Private clubs that meet the requirements below shall be eligible to receive a Sunday retail drink license. The hours of operation for a facility holding a Sunday retail drink license shall be the hours of 12:00 p.m. to 12:00 a.m. This division does not exempt retailers from observing all other conditions and requirement sunder any other ordinance or laws of the state. Eligible private clubs are those that have been granted all appropriate licenses for the sale of distilled spirits, wine and malt beverages that:
      (1)   Have dining facilities with a minimum seating capacity of one hundred (100) people at tables;
      (2)   Are non-profit, eleemosynary organizations with a membership of at least two hundred (200); and
      (3)   Have been in existence for a period of at least two (2) years.
   (F)   Per KRS 244.290, in years where December 31, (New Years Eve) falls on a Sunday, the hours of operation, on December 31, for any facility holding a valid distilled spirits and wine retail drink license, or a malt beverage retail drink license, shall be from 1:00 p.m. to 1:00 a.m. Monday morning January 1. This division does not exempt retailers from observing all other conditions and requirements under any other ordinance or laws of the state.
   (G)   The legal holder of a limited golf course license pursuant to KRS 243.039 may sell malt beverages by the drink during the hours of 12:00 p.m. until 12:00 a.m. on Sundays.
(Ord. 2013-08, passed 8-19-13; Am. Ord. 2014-12, passed 9-15-14; Am. Ord. 2021-03, passed 5-17-21; Am. Ord. 2022-02, passed 6-6-22; Am. Ord. 2023-06, passed 8-7-23)
Statutory reference:
   Sales of distilled spirits or wine, see KRS 244.209
   Sales of malt beverages, see KRS 244.480