§ 112.40 HOURS.
   (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