(A) No person shall operate or maintain a business establishment within the City permitting the sale of any alcoholic beverages between the hours of 1:00 a.m. and 2:30 a.m. without first obtaining an extended hours permit (EHP) from the City ABC Administrator who shall be responsible for the issuance of all such permits.
(B) (1) All applications for an extended hours permit shall be in writing and made directly to the city's ABC Administrator. Applications can be obtained from the office of the ABC Administrator. The ABC Administrator shall request a confidential police report and recommendation from the Chief of Police with respect to the considered applicant's eligibility and the written certification of approval from the city's Zoning Administrator.
(2) In order to be eligible for an extended hours permit, the applicant must have a current and valid city and state alcoholic beverage license for the sale of liquor by the drink, retail or package.
(3) All fees and license charges in connection with the applicant's business establishment due to the City, including annual minimum occupational license, must be paid before an applicant shall be considered.
(4) Effective upon the passage of this section, no new permits shall be issued without the written certification of the city's Zoning Administrator upon the application that the proposed site requesting issuance of the permit is not located within any residential zone of the city. All existing extended hours permits in residential zones are hereby grandfathered and may be transferred to a new owner at the same location.
(5) No applicant shall be granted an extended hours permit who has been convicted of any felony until 5 years have passed from the date of conviction, release from custody or incarceration, parole or termination of probation, whichever is later or of any misdemeanor described under KRS 218A.050 through 218A.130 in the two years immediately preceding the application; or of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two years immediately preceding the a application.
(6) No applicant shall be granted an extended hours permit unless the person is an actual resident of the State or is a corporation licensed to do business within the commonwealth.
(7) The approval or denial of any extended hours permit application shall be made by the city's ABC Administrator.
(8) The City ABC Administrator, for just cause, may delay the issuance of any requested extended hours permit for a period of time not to exceed 45 days.
(C) Persons holding extended hours permits prior to the enactment of this section shall be granted the privilege of continuing operation without regard to the zoning requirements of division (B)(4) of this section.
(D) The fee for an extended hours permit shall be two thousand dollars ($2,000) per year, payable on or before July 1 of each year.
(E) Proceeds of the permit fees so collected shall be deposited in the city's general fund account. All applications and permits issued pursuant to the provisions herein shall contain the following:
(1) Name and address of applicant;
(2) Number of the permit;
(3) Street address of the licensed premises which holds the permit;
(4) The name and address of the owner of the building, business establishment or licensed premises in which the permit is located;
(5) The expiration date of the permit; and
(6) A statement that the permit shall not be a property right, and that it may be revoked or suspended, at any time, pursuant to the law.
(F) All permits issued herein shall be accepted by the applicant subject to the following: No licensee shall sell any alcoholic beverages between the hours of 2:30 a.m. and 6:00 a.m. Monday through Saturday, or from 2:30 a.m. to 11:00 a.m. on Sunday.
(G) (1) No live entertainment shall be permitted after 11:00 p.m. on Sunday through Thursday, or after 1:00 a.m. on Friday and Saturday for those establishments located in a residential zone or in a commercial zone that also permits residential uses.
(2) All extended hours permit holders shall make every reasonable effort to arrange for orderly closing of the establishment, including, but not limited to instructions to customers and patrons that they should depart the licensed premises in a quiet and orderly fashion.
(3) All extended hours permit holders shall regulate noise levels to assure that noises emanating from the establishment do not disturb the surrounding residents.
(4) All extended hours permit holders shall regulate the conduct of their patrons, if possible, to assure that upon their departure from the licensed premises they do not disturb the surrounding residents by engaging in the conduct as urinating in the street, fighting, drinking at the curb or directly outside the licensed premises, breaking bottles on the sidewalk or in the street, littering the immediate area with debris, using excessive profanity or trespassing upon private property in the immediate area.
(5) If the city's ABC Administrator, upon review and a hearing, shall find repeated violations of divisions (H)(1) through (4), he or she may suspend or fail to renew any existing extended hours permit.
(H) (1) It shall be the responsibility of the ABC Administrator to investigate initial applications, to investigate transfers and renewals of existing extended hours permits and to investigate and make determinations upon suspensions and/or revocations of the extended hours permits. He or she shall also make determinations upon verified complaints, filed with the city's from citizens or upon complaints received by the Police Department or other enforcement personnel regarding the violation of law by an extended hours permit holder for the purpose of issuing suspensions and/or revocations of the same.
(2) The city's ABC Administrator shall conduct an annual review before the renewal of any extended hours permit and if it is found, upon the review, that the extended hours permit holder has had three or more criminal violations occur at the business establishment and/or within the licensed premises, within the annual period, upon a hearing, he or she shall revoke the extended hours permit, and no renewal of the same shall be granted.
(3) The decision of the city's ABC Administrator shall be reduced to writing. In the event that the city's ABC Administrator shall deny any initial application for an extended hours permit or, at his or her discretion, delay the issuance thereof, or shall revoke or suspend any existing extended hours permit, for cause, or shall fail to renew any existing extended hours permit, the applicant or holder shall be permitted to appeal the decision of the city's ABC Administrator to the City Administrator, in writing, within ten days of the decision. The City Administrator shall have the final determination and shall notify the applicant or holder of his or her decision, in writing, within ten (10) days thereof. If the City Administrator shall approve the appeal, he or she shall instruct the city's ABC Administrator to grant the initial application or issue or renew the existing permit. In the event of further denial of the initial application or suspension or revocation of the existing permit, the applicant or holder shall be notified of his or her right to further appeal to the Kenton Circuit Court within thirty (30) days thereof.
(I) Whenever transfer of an extended hours permit to a different transferee is proposed at the same location, the extended hours permit may be transferred only if the transferee meets all eligibility requirements herein and if the transferee has the approval of the city's ABC Administrator.
(J) The time changes brought into effect by the provisions within an extended hours permit and such establishments shall be permitted to remain open and operating for the additional hour, lost or gained, as if the same did not exist. Therefore, at 2:00 a.m. on the day when daylight savings time takes effect and the hour advances to 3:00 a.m., those establishments operating within an extended hours permit shall be permitted to remain open for business until 3:30 a.m. eastern daylight time. They shall, however, be required to close the business immediately thereafter. At 2:00 a.m. on the day when Daylight Savings Time changes back to Eastern Standard Time and the hour reverts to 1:00 a.m., those establishments operating with an extended hours permit shall be permitted to remain open for business until 1:30 a.m. eastern standard time. They shall, however, be required to close the business immediately thereafter. On the day immediately following each, the hours of operation for establishments operating with an extended hours permit shall be required to return to the normal operating hours of 1:00 a.m. to 2:30 a.m. eastern daylight time or eastern standard time, whichever is applicable. The purpose of this division (M) is to enable extended hours permit holders to continue normal business operating hours, in terms of the usual actual time they are open, without regard to the time changes brought about by the conversion to and from eastern daylight time and eastern standard time.
(Ord. 2010-O-06, passed 5-3-10)