(A) Warning procedure.
(1) For a violation of § 113.98(D) or (E), the License Inspector shall send written notice of the violation to the licensee; if the licensee cures the violation within five days of receiving the notice and pays a penalty and processing fee of $500, then there shall be no further penalty or prosecution for the violation.
(2) For a violation of § 113.98(F), (G) or (H), the police officer or other official discovering the violation shall issue a written notice of violation to the person(s) directly involved in the violation and to the manager on duty. If the manager takes effective action to stop the violation after the notice, the officer or other official shall not cite the individuals, the manager or the licensee further for the same violations on the same evening; the initial violations, however, shall be subject to prosecution and other sanctions in accordance with the terms of this chapter. If an officer discovers the same violation in the same establishment within 90 days after such a warning is given, no further warning is required and each violation may be cited, assessed points and made subject to prosecution and other penalties.
(B) Except as otherwise provided in division (A) above, a first violation of this chapter, in accordance with § 113.98 shall be a Class B misdemeanor; a second violation within two years of a previous violation shall be a Class A misdemeanor. Such misdemeanors shall be subject to such penalties as are provided under the Kentucky statutes.
(Ord. 451.11, passed 1-25-05)