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(A) Generally. Upon the initial application for an alcoholic beverage license, the City ABC Administrator shall not grant the license under this chapter to any applicant until the applicant and the applicant’s place of business have been approved by the County Board of Health and the city’s Fire and Rescue Department. Upon renewal of an alcoholic beverage license, the requirement of approval by the Board of Health and Fire and Rescue Department before issuance will be waived if the applicant’s business has been approved by the Board of Health and Fire and Rescue Department during the prior licensing period.
(B) Patio and outdoor sales.
(1) Patio and outdoor sales of alcoholic beverages shall be permitted only on premises licensed for sales of alcoholic beverages by the drink.
(a) No licensee shall offer alcoholic beverages for sale in a patio or outdoor area of the licensee’s premises except in a clearly defined patio or outdoor area that is enclosed by a fence or other screening, not less than four feet in height. All outdoor areas and screening shall be subject to the approval of the City ABC Administrator. An exception to this restriction may be granted for seasonal sidewalk cafés, upon application to and authorization from the ABC City Administrator. The permission to operate a sidewalk café shall be governed by the provisions of this chapter and shall be subject to the regulation of local zoning authorities as well as code enforcement and public safety officers.
(b) No licensee shall offer patio or outdoor sales of alcoholic beverages unless the patio or outdoor area and fencing or screening area shall have been approved in advance by the ABC Administrator.
(c) Unless exempted by the following provisions of this chapter, and by permission of the City ABC Administrator, patio areas must comply with the screening requirements of this chapter. Sidewalk café seating areas must comply with this chapter and with local zoning laws and other public safety requirements noted in this chapter, or in other local ordinances, statutes or regulations.
(2) Exception to screening requirement for outdoor sales and service of alcoholic beverages, specifically, permitted sidewalk cafés in the city’s downtown business area:
(a) Licensees in the downtown business district/area may request an exception from the outdoor screening of patio provision in order to permit seasonal sidewalk cafés that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted sidewalk cafés, they shall be deemed part of the licensed premises; and
(b) Any food establishment which operates a restaurant and is licensed under this chapter and the provisions of the State ABC Code, may, upon application to the City ABC Administrator, ask permission to expand the operation of that restaurant onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereinafter referred to as “sidewalk café”). Licensees who do not serve food shall not be eligible to apply for a sidewalk café permit.
(3) Conditions for sidewalk café permit: the issuance of a permit shall be subject to the following conditions and restrictions.
(a) No sidewalk café shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of 36 inches must be maintained on the public sidewalk at all times. The sidewalk café shall not be permitted in any manner to obstruct the entrance/exit to the restaurant.
(b) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk café during any period when the sidewalk café is not open and being operated. Tables, chairs and other portable appurtenances shall be confined to the area named or shown on the approved permit. While such café is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
(c) The use of a portion of the public sidewalk as a sidewalk café shall not be an exclusive use. All public improvements, including, but not limited to, trees, light poles, traffic signals, pull boxes or manholes or any public-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. Further, the city may require the licensee to enter into an agreement to use the public sidewalk in exchange for monetary consideration.
(d) The licensee shall, in addition to all other requirements of law, take reasonable steps to ensure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously or apparently intoxicated.
(e) No disposable cups or drinking vessels may be used and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests.
(f) At no time shall any music originating from any part of the premises create a nuisance.
(g) The licensee must at all times comply with all federal, state and local laws regarding the sale, service and consumption of alcohol and the operation of the premises.
(h) The permit for sidewalk café may not be assigned or transferred.
(4) Other requirements applicable to sidewalk cafés: no sidewalk café permit shall be effective unless the licensee has filed with the ABC Administrator evidence of insurance, insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk café. The insurance shall be in an amount of coverage that is a minimum of $500,000 per person for bodily injury, and a minimum of $1,000,000 per occurrence for property damage. The city shall be named an additional insured in the policy required. Such insurance policy shall further provide expressly that it may not be canceled except upon ten days’ written notice filed with the ABC Administrator and the City Attorney.
(C) Seating. Only permanent seating (excluding bar-type stools, patio seating or temporary chairs available as needed) satisfies the seating thresholds that are set by state law.
(Ord. 11-2012, passed 9-4-2012) Penalty, see § 117.99
The provisions of KRS Chapter 244 and KAR Title 804, Chapter 7, pertaining to the discovery of spirits outside a locked department shall apply to licensees and licensed premises within the jurisdiction of the city.
(Ord. 11-2012, passed 9-4-2012)
(A) Every licensee selling alcoholic beverages by retail sales shall notify each individual employed in retail sales that the sale of alcoholic beverages to any person under the age of 21 years is prohibited.
(B) A notice to employees shall be provided before the employee commences work as a retail sales clerk. The employee shall signify receipt of the notice required by this section by signing a form that states as follows: “I understand that under the laws of the Commonwealth of Kentucky it is illegal to sell alcoholic beverages to persons under the age of 21 years.”
(C) The licensee shall maintain the signed acknowledgment required in division (B) of this section in a place and manner so as to be easily accessible to any police officer of the city or the City ABC Administrator or his or her employees conducting an inspection of the retail outlet for purposes of monitoring compliance in limiting the sale or distribution of alcoholic beverages to persons under the age of 21 years.
(Ord. 11-2012, passed 9-4-2012)
(A) Every licensee selling alcoholic beverages by retail sales shall notify each employee employed in retail sales that proof of ages is required from a prospective buyer if it is reasonable to believe that the prospective buyer is under the age of 21 years.
(B) The following unaltered written instruments are the only acceptable types of identification:
(1) An unexpired driver’s license issued by any state, provided such license contains a picture of the person;
(2) An official identification card issued by any state, provided such identification includes a picture of the person;
(3) A United States Armed Forces identification card, provided such identification includes a picture of the person; or
(4) An unexpired passport issued by a government and which contains a picture of the person and date of birth.
(C) Every licensee selling alcoholic beverages by retail sales shall require all employees who will sell alcoholic beverages to a buyer to complete STAR (Server Training in Alcoholic Regulations). All persons who are required to complete the STAR training shall complete that training within 60 days of the date on which the person first becomes subject to the training requirement. All persons completing the training required by this section shall be re-certified in responsible beverage service training from a program approved by the city not less than once every three years thereafter. The licensee shall be responsible for compliance with the employee STAR training requirements and shall maintain for inspection by the City ABC Administrator a record or file on each employee that shall contain the pertinent training information.
(Ord. 11-2012, passed 9-4-2012) Penalty, see § 117.99
(A) It shall be unlawful for any licensee licensed under this chapter to have or maintain any radio receiving apparatus on such premises which is intentionally adjusted so as to receive police messages broadcast from any law enforcement agency in the county as it is now or may hereafter be operated. In addition to other penalties provided for the violation of this section, the City ABC Administrator, or his or her designated investigator, shall have the authority to confiscate any and all such radio receiving apparatus.
(B) The licensee shall be responsible for maintaining security on his or her premises including providing adequate outside lighting to permit customers to utilize the parking area and to promote the safety, health and welfare of the general public utilizing the licensed premises. Security standards are further necessary to discourage unlawful activity in and around the licensed premises.
(C) It shall be unlawful for the licensee under this chapter who sells alcoholic beverages of any kind, to give away or offer to give away anything tangible of value as a premium or prize, or for any other purpose in direct connection with the sale of alcoholic beverages.
(D) No licensee or agent or employee of the licensee shall permit any person to become drunk or intoxicated on the premises, nor shall any licensee permit any drunk or intoxicated person to remain on the licensed premises.
(E) The licensee shall display at all times in a prominent place a sign at least eight inches by 11 inches in 30 point or larger type which states as follows:
Persons under the age of twenty-one (21) are subject to a fine of up to one hundred dollars ($100.00) if they: |
1. Enter licensed premises to buy, or have served to them, alcoholic beverages. |
2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages. |
3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages. |
(F) (1) The licensee, before commencing any business for which a license has been issued, shall post and display the license at all times in a conspicuous place in the room or principal room where the business is carried on so that all persons visiting the place may readily see the license.
(2) The licensee shall not at any time post the license on premises other than the licensed premises or upon premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, or knowingly deface, destroy or alter the license in any respect.
(G) (1) The licensee shall post in a prominent place easily seen by patrons a printed sign at least 11 inches by 14 inches in size, with letters at least one inch high, supplied by the Alcoholic Beverage Control Commission, and with gender-neutral language, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
(2) A person who violates the requirement of division (G)(1) of this section shall be subject to a fine of not less than $10 nor more than $50. See KRS 243.895.
(H) Any off-premises signage advertising the sale of alcoholic beverages is prohibited.
(I) No wholesaler or distributor shall sell any alcoholic beverages to any person in the city for any consideration except under the usual credit or cash terms of the wholesaler or distributor at or before the time of delivery. Retail sales of liquor and wine may be sold for cash, check, gift card or nationally recognized bank credit card. A licensee, his or her employees, servants or agents may not extend personal credit to the public. Retail sales of beer is not included in this restriction. See KRS 244.300.
(J) (1) No licensee shall knowingly employ in connection with his or her business any person who:
(a) Has been convicted of any felony within the last two years;
(b) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable to the use of intoxicating liquors within the last two years;
(c) Is under the age of 20 years who will be serving alcoholic beverages or who will be having any contact whatsoever with the sale of alcohol as defined under state statute; and
(d) Within two years prior to the date of his or her employment has had any city license under this chapter revoked for cause.
(2) Violations of this division (J) shall subject the licensee, the employer and the employee to penalties provided in this chapter and shall be cause for revocation of license.
(K) Enforcement.
(1) City police officers and the City ABC Administrator are authorized to enforce this chapter for alleged violations.
(2) Investigation and inspection of premises: the City ABC Administrator and any investigator acting under the authority of the City ABC Administrator, shall have the full police powers of peace officers within the boundaries of the city. They, as well as any authorized law enforcement officer, may inspect any premises where alcoholic or malt beverages are manufactured, sold, stored or otherwise trafficked without first obtaining a search warrant.
(Ord. 11-2012, passed 9-4-2012) Penalty, see § 117.99
The failure of any person or entity to pay any fine imposed upon such person or entity by the City ABC Administrator or hearing officer for violations of this chapter within 30 days of its imposition shall be grounds for the issuance of an order by the City ABC Administrator revoking the eligibility for employment of that person by licensees, or revoking the license issued by the City ABC Administrator.
(Ord. 11-2012, passed 9-4-2012)
(A) The penalties for violations of this chapter that pertain to alcoholic beverage laws that are set forth in KRS Chapters 241 through 244 shall be the same as provided by such chapters. If the offender is a corporation, joint stock company, association or fiduciary, the principal officer or officers responsible for the violation may be imprisoned.
(B) Any person under the age of 18 years who violates any provisions of this chapter shall be dealt with in accordance with the procedure prescribed by statute for minors charged with the commission of a public offense.
(C) Any penalty and/or fines imposed under divisions (A) and/or (B) of this section shall be in addition to and independent of any action which may be taken by the City Alcoholic Beverage Administrator, in accordance with the provisions of the state alcoholic beverage control laws and administrative rules and regulations.
(D) In addition to any criminal penalties that may be prescribed, any person or entity that violates the provisions of this chapter shall appear before the City ABC Administrator or the City Alcoholic Beverage Control Board hearing officer for a civil hearing, and shall subject to a civil penalty of not less than $200 and not more than $500 for each violation if convicted, if a penalty is not otherwise established in this chapter. Any imposed fine shall be delivered to the City Clerk to be deposited in the appropriate designated account within ten days after the date that a written decision of the City ABC Administrator is issued in which the fine is assessed. An appeal of the written decision of the City ABC Administrator does not stay the requirement to deliver the fine to the City Clerk. This section shall not apply to obligations imposed upon the City ABC Administrator or his or her employees under those sections. Notice of hearings shall be provided by delivering the same by U.S. mail to the address that was provided by the licensee with the application for the license, unless a change of address is submitted to the City Administrator subsequent to the submission of the application for license. Notice to the licensee must be postmarked at least seven days prior to the hearing. The City Attorney, or his or her designee, shall represent the city at the hearing. The licensee has the right to retain legal counsel for representation at the hearing; however, the city shall not provide counsel for the licensee if the licensee is unable to afford legal counsel. The City ABC Administrator shall issue a written decision, including findings of fact and conclusions of law, within ten days after the conclusion of the hearing. Any order of suspension or revocation issued by the City ABC Administrator may be appealed to the State Alcoholic Beverage Control Board within 30 days of the date of the order.
(Ord. 11-2012, passed 9-4-2012)