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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applicant and/or any shareholder, officer, agent, servant or employee thereof had a state license or city license which was revoked within two years of the date of the application, or the premises described therein were the premises or any portion thereof described in a state license or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)
A city licensee shall not assign or transfer any city license to any other person or premises unless that person and/or premises complies with all of the provisions of this chapter; the transfer of the license is approved by the City Administrator; and the transfer of the state license to which the city license corresponds is approved by the state. A transfer fee of $10 shall be paid to the city for the transfer of the city license.
(`96 Code, § 112.25) (Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
(A) As prohibited in KRS 243.280, no city license shall be issued to sell malt beverages at retail within or upon any premises from which gasoline and lubricating oil are sold or from which the servicing and repair of motor vehicles is conducted unless there is continuously maintained an inventory on the premises for sale at retail of not less than $5,000 of food, groceries, and related products valued at cost.
(B) As prohibited in KRS 243.230, no city license shall be issued to sell distilled spirits or wine at retail by the drink or package from any premises used as or in connection with the operation of any business in which a substantial part of the commercial transaction consists of selling at retail staple groceries or gasoline or lubricating oil.
(`96 Code, § 112.26) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
SALE OF ALCOHOLIC BEVERAGES
(A) Pursuant to the authority of KRS Section 244.290 and KRS 244.480, no distilled spirits, wine, and malt beverages may be sold at retail, whether by the drink or by the package, in the city between the hours of 2:30 a.m. and 6:00 a.m. prevailing time on any day except Sunday. On Sundays, no distilled spirits, wine, or malt beverages may be sold at retail, whether by the drink or by the package on Sunday between the hours of 2:30 a.m. and 11:00 a.m., prevailing time, within the city.
(B) During the restricted hours set forth in division (A), no person who has a valid city license for the sale of distilled spirits or wine or malt beverages at retail shall cause, permit, or engage in any of the actions, business, or transactions authorized and permitted thereby. During such times all persons who have such city licenses shall cause the licensed premises to be closed and vacated by all persons except the applicant and those persons identified on the application for such city licenses or any supplements thereto as officers, agents, or employees of the person to whom such city license was issued. All other persons shall vacate the licensed premises and remove themselves therefrom during such times; however, any person upon the premises who purchased any alcoholic beverages by the drink from the licensee within 30 minutes prior to any such times may remain upon the premises for a period not to exceed 30 minutes thereafter for the sole purpose of the consumption of the drink purchased.
(C) If a separate department of such licensed premises is maintained in a manner previously approved in writing by the City Alcoholic Beverage Control Administrator as being capable of being locked, closed off, and separated from the remainder of the licensed premises and all distilled spirits, wine, and malt beverages and all fixtures and apparatus connected with the acts of business and transactions authorized by the state licenses and city licenses for the retail sale of distilled spirits, wine, and malt beverages from such premises are located within such approved department, and such approved department is continuously kept locked, physically separated, and closed off from the remainder of the licensed premises during such times, the remainder of the licensed premises may remain open and any lawful activity may be conducted thereon during such times.
(D) All retail sellers that hold a valid license for the sale of distilled spirits, wine or malt beverages within the jurisdictional boundaries of the city, are hereby authorized to sell distilled spirits, wine, and malt beverages, whether by the drink or by package, according to the terms of their individual license, during the hours of 6:00 a.m. and 2:30 a.m. the following day, on every day except for Sundays. All retail sellers that hold a valid license for the sale of wine, spirits or malt beverages within the jurisdictional boundaries of the city, are hereby authorized to sell distilled spirits, wine, and malt beverages, whether by package or by the drink according to the terms of their individual license, between the hours of 12:01 a.m. and 2:30 a.m. on Sundays; and between the hours of 11:00 a.m. on Sundays and 2:30 a.m. on Mondays.
(`96 Code, § 112.40) (Ord. 2004-13, passed 12-9-2004; Am. Ord. 2008-3, passed 4-10-2008; Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
(A) At all times during which any person has a valid city license issued pursuant to the provisions hereof, that person shall fully comply with all of the rules, regulations, requirements and prohibitions set forth in this chapter.
(B) A city licensee shall comply fully with all of the provisions hereof and all of the rules and regulations of the City ABC Administrator in regard thereto; all provisions of the state statutes and the rules and regulations of the State Alcoholic Beverage Control Board in regard to the licensed premises and the actions, business and transactions conducted thereon subsequent to the issuance of a state license therefor and prior to the expiration, revocation or suspension thereof which are hereby incorporated herein and made applicable to all city licenses corresponding thereto, the premises described therein, and the actions, business and transactions conducted thereon; and the city licensee shall comply fully therewith.
(`96 Code, § 112.41) (Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
A city licensee shall maintain the state license to which the city license corresponds and fully comply with all state statutes and the rules and regulations of the State Alcoholic Beverage Control Board in regard thereto.
(`96 Code, § 112.42) (Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
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