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LaGrange, KY Code of Ordinances
LAGRANGE, KENTUCKY CODE OF ORDINANCES
CITY OFFICIALS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Comprehensive Ordinance Table
CHAPTER 117: ALCOHOLIC BEVERAGE CONTROL
Section
   117.01   Adoption of State Alcoholic Beverage Control Law
   117.02   Published notice of application
   117.03   Delinquent taxes; license withheld
   117.04   Forfeitures
   117.05   Compliance with other ordinances and regulations
   117.06   Conditions governing licenses
   117.07   Issuance of license; receipt of fees
   117.08   Revocation or suspension of license
   117.09   Transfer of license or business
   117.10   Liquor; hours of sale and distribution
   117.11   Minors; prohibitions governing
   117.12   Display of printed warning; advertising, and other signage
   117.13   Treating prohibited; sampling permitted
   117.14   Premises; approval of by Health Department and fire prevention
   117.15   Books and records
   117.16   Spirits outside locked department; discovery of
   117.17   Operation without a license
   117.18   Licensee to notify employee that sales of alcohol to minors prohibited; acknowledgment
   117.19   Licensee required to notify employee that proof of age required
   117.20   Conditions, prohibitions, restrictions and enforcement
   117.21   Failure to pay fines
 
   117.99   Penalty
§ 117.01 ADOPTION OF STATE ALCOHOLIC BEVERAGE CONTROL LAW.
   (A)   Generally. The provisions of the Alcoholic Beverage Control Laws and Administrative Regulations of the Commonwealth (KRS Chapters 241, 243 and 244), and all amendments and supplements thereto, are adopted in full, as far as applicable, as a portion of this chapter except as otherwise lawfully provided herein. The city’s Alcoholic Beverage Control (ABC) Administrator shall administer all alcoholic beverage control ordinances and regulations of the city and all statutes of the Commonwealth relating to the sale of alcohol and the regulations of the Kentucky Alcoholic Beverage Control Board. The definitions of the words used throughout this chapter, unless the context requires otherwise, shall have the same meaning as those set out in Kentucky Alcoholic Beverage Control law (KRS Chapters 241, 242, 243 and 244) of the Commonwealth and all amendments and supplements thereto.
   (B)   City Alcoholic Beverage Control Administrator; duties and powers.
      (1)   The duties of the City Alcoholic Beverage Control Administrator (hereinafter referred to as the City ABC Administrator) are hereby assigned to the Chief of Police.
      (2)   The compensation for the office of City ABC Administrator, if any, together with the salaries of any other personnel assisting the City ABC Administrator shall be fixed from time to time by the City Council.
      (3)   The functions of the City ABC Administrator shall be the same with respect to city licenses and regulations as the function of the Alcoholic Beverage Control Board of the Commonwealth (hereinafter referred to as the ABC Board) with respect to state licenses and regulations for the sale of alcoholic beverages, except that no amendment to these regulations proposed by the City ABC Administrator may be less stringent than the statutes relating to alcoholic beverage control, or than regulations of the ABC Board. No regulation of the City ABC Administrator shall become effective until it has first been appropriately approved by the City Council.
      (4)   No person shall be a City ABC Administrator, an investigator or an employee of the city under the supervision of the City ABC Administrator, who would be disqualified to be a member of the ABC Board under KRS 241.100.
      (5)   The City ABC Administrator shall have all authority as authorized under KRS Chapters 241 through 244.
      (6)   Should the City ABC Administrator at any time have reasonable grounds to believe that any applicant, licensee, employee of a licensee, or any stockholder, agent or employee of a licensed corporation, has a criminal record, he or she shall have the authority to require such person to appear in person at the City Police Department for the purpose of having his or her fingerprints taken.
      (7)   The City ABC Administrator shall, before entering upon his or her duties as such, take the oath as prescribed in § 228 of the Constitution.
      (8)   Appeals from the orders of the City ABC Administrator may be taken to the State ABC Board by filing with the Board within 30 days a certified copy of the orders of the City ABC Administrator. Matters at issue shall be heard by the ABC Board as upon an original proceeding. Appeals from the orders of the City ABC Administrator shall be governed by KRS Chapter 13B.
(Ord. 11-2012, passed 9-4-2012)
§ 117.02 PUBLISHED NOTICE OF APPLICATION.
   The City ABC Administrator shall not approve any application for an original license to sell alcoholic beverages until the applicant has caused to be published a concise advertisement in accordance with the provisions of KRS 243.360.
(Ord. 11-2012, passed 9-4-2012)
§ 117.03 DELINQUENT TAXES; LICENSE WITHHELD.
   No license to sell alcoholic beverages shall be granted to any person who is delinquent in the payment of any taxes due to the city at the time of issuing the license. Nor shall any license be granted to sell on any premises or property, owned and occupied by the licensee, on which there are any delinquent taxes or liens due to the city. Where the property or premises on which a license to sell is sought, is rented or occupied by the applicant for a license but is owned by another, no license shall be granted if the taxes or liens of the city due on the property or premises have not been paid. In such cases, the City ABC Administrator may not issue a license to sell alcohol until he or she has received from the applicant a written statement from the city which indicates that the applicant for the license and the owner of the property or premises on which the license is sought have paid in full all unpaid and delinquent taxes or liens referred to above which were owed to the city.
(Ord. 11-2012, passed 9-4-2012)
§ 117.04 FORFEITURES.
   If any license issued under this chapter is revoked or cancelled for any reason by the City ABC Administrator, the licensee shall forfeit any and all claims, which the licensee might otherwise have had to any portion of the license fee paid by the licensee on the issuing of the license.
(Ord. 11-2012, passed 9-4-2012)
§ 117.05 COMPLIANCE WITH OTHER ORDINANCES AND REGULATIONS.
   No license shall be issued or renewed to any person for selling at retail or wholesale any alcoholic beverages at any premises or location where such business or associated activities are prohibited under state law, or are in violation or conflict with any regulation, including, but not limited to, signs, fire prevention and/or the zoning code and regulations of the city and any ordinance supplementary or amendatory to it, and any license issued in violation of this section shall be void. However, any person who held a city ABC license for the sale of alcohol, and actually carried on thereunder this business (during or within the last month of the preceding license period) shall be granted a similar license by the City ABC Administrator for the same business at the same premises or location, until its prior stated expiration date, at no additional cost.
(Ord. 11-2012, passed 9-4-2012)
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