Section
General Provisions
112.01 Definitions
Licenses
112.20 Classification of licenses; fee schedule
112.21 Form, content of city license
112.22 Application; issuance
112.23 Approval of application
112.24 Denial of application
112.25 Transfer of license
112.26 Premises selling groceries, gasoline and the like prohibited from obtaining license
Sale of Alcoholic Beverages
112.40 Hours
112.41 Compliance with regulations and prohibitions
112.42 Maintenance of state license
112.43 Display of required licenses and certain signs
112.44 Criminal conduct on premises prohibited
112.45 Conducting business with minor
112.46 Business to be conducted continuously; exceptions
Nude or Nearly Nude Activities
112.60 Definitions
112.61 Purpose
112.62 Performing nude or nearly nude activities
112.63 Permitting nude or nearly nude activities
112.64 Revocation or suspension of liquor license for violations
112.65 Revocation or suspension of occupational license for violations
Administration and Enforcement
112.75 Alcoholic Beverage Control Administrator
112.76 Reserved
112.77 Suspension, revocation of license
112.99 Penalty
GENERAL PROVISIONS
(A) As used herein, the words and phrases defined in KRS 241.010 and 243.015 have the meanings indicated therein.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The State Alcoholic Beverage Control Board established pursuant to KRS 241.020.
CITY ABC ADMINISTRATOR. The person appointed to the Office of Alcoholic Beverage Control Administration created and established by the city pursuant to § 112.60.
CITY LICENSE. A license established and authorized pursuant to the terms hereof.
CITY LICENSEE. A person who has been issued a city license pursuant to the terms hereof.
KRS. Kentucky Revised Statutes.
PERSON. Any natural person, corporation, partnership, joint venture or unincorporated association of persons or any combination thereof, and the shareholders, officers, agents, servants and employees thereof.
PREMISES. The premises described in the city license issued pursuant to the terms hereof and the application therefor.
STATE. The Commonwealth of Kentucky.
STATE LICENSE. A license authorized by KRS 243.020 through 243.075.
TRAFFIC IN ALCOHOLIC BEVERAGES. Any action, business or transaction in regard to the production, storage, transportation, distribution, sale, delivery and transfer of alcoholic beverages.
(`96 Code, § 112.01) (Am. Ord. 2016-7, passed 10-13-2016)
LICENSES
(A) Pursuant to the authority of KRS 243.070, there is hereby established a city license for each of the licenses authorized by that KRS section. The actions, business, and transactions authorized and permitted by the possession of a city license shall be the same as those permitted by the state license to which said city license corresponds. The fees and expiration dates for the city license shall be as indicated in the following schedules:
License Description | Annual Expiration | Fee Per Annum |
License Description | Annual Expiration | Fee Per Annum |
Distiller’s License | June 30 | $500 |
Small Farm Winery License | June 30 | $100 |
Microbrewery License | June 30 | $500 |
Brew-on-premises License | June 30 | $500 |
Quota Retail Package License | June 30 | $500 |
Quota Retail Drink License | June 30 | $600 |
Non-Quota type 1 Retail Drink License | June 30 | $4,000 |
Non-Quota type 2 Retail Drink License | June 30 | $800 |
Non-Quota type 3 Retail Drink License | June 30 | $300 |
Non-Quota type 4 Retail Drink License | June 30 | $200 |
Non-Quota Retail Malt Beverage Package License | June 30 | $200 |
Extended Hours Supplemental License | June 30 | $2,000 |
Distilled Spirits/Wine Storage License | June 30 | $600 |
Special Temporary License | June 30 | |
Sampling License | June 30 | $100 |
Limited Restaurant License | June 30 | $700 |
Caterer’s License | June 30 | $800 |
Special Sunday Retail Drink License | June 30 | |
(B) No person shall cause, permit or engage in any of the actions, business or transactions authorized by the city and state licenses within the city without both a valid city license and a valid state license therefor.
(`96 Code, § 112.20) (Ord. 2005-7, passed 6-9-2005; Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
The city licenses authorized and established by this chapter shall each be evidenced by a document, the form and content of which shall be prescribed by regulation of the City ABC Administrator, provided, however, that each document evidencing a city license shall be of the same color and designation as that of the corresponding state license and shall comply with the provisions of KRS 243.440.
(`96 Code, § 112.21) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
Subject to the limitations and restrictions described herein, city licenses shall be originally issued by the City Clerk-Treasurer and renewed by the City ABC Administrator upon the expiration thereof upon receipt of the following documents and fees no more than 30 days prior to the effective date of an original license and more than 15 days prior to the expiration date of any license to be renewed:
(A) A written application therefor with the truth of the information, statements and representations therein attested by the signature and the oath or affirmation of the applicant. The form and content of the application shall be prescribed by regulation of the City ABC Administrator; however, provision for the following information, statements and representations shall and must be included therein:
(1) All information required by KRS 243.390 to be contained for state licenses; and
(2) The names, addresses, photographs and fingerprints of the applicant and all shareholders, officers, agents, servants and employees thereof.
(B) The approval of the applicant, the application and the premises described therein by the City ABC Administrator.
(C) Documentary evidence of a valid state license which corresponds to the city license for which the application is being made.
(D) The applicable fee, paid in cash or by certified or cashier’s check, for the city license which is the subject of the application.
(`96 Code, § 112.22) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
Within 30 days of the date of the receipt of the application for an original city license and 15 days of the date of an application for renewal of a city license, the City ABC Administrator shall, by mail or personal delivery thereof, notify the applicant, in writing, of either the approval thereof or the disapproval thereof and a hearing in regard thereto.
(`96 Code, § 112.23) (Am. Ord. 2016-7, passed 10-13-2016)
As is similarly set forth in KRS 243.450, the City ABC Administrator shall not approve any application for a city license if:
(A) The applicant, the application or the premises described therein do not fully comply with the provisions of this chapter and all laws in regard to alcoholic beverages;
(B) The applicant and/or any shareholder, officer, agent, servant or employee thereof has caused, permitted or engaged in any act for which the revocation of a state or city license is authorized;
(C) The applicant and/or any shareholder, officer, agent, servant or employee thereof had a state license or city license which was revoked within two years of the date of the application, or the premises described therein were the premises or any portion thereof described in a state license or city license revoked during the time;
(D) Any statement or representation in the application is false; or
(E) In the exercise of sound discretion, the City ABC Administrator determines any cause or reason for refusing to approve an application reasonably related to the purpose and objective of this chapter and the state laws and regulations of the State Alcoholic Beverage Control Board. Among those factors that the City ABC Administrator shall consider in the exercise of his or her discretion are: public sentiment in the area; potential for future growth; type of area involved; type of transportation available; and financial potential of the area.
(`96 Code, § 112.24) (Am. Ord. 2016-7, passed 10-13-2016)
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