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(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
As required by KRS 244.083, a city licensee who has a valid city retail distilled spirits, wine or malt beverage license shall cause to be displayed in a conspicuous and prominent place on the licensed premises each of the following documents so that they may be seen and observed by all persons entering the licensed premises:
(A) A sign or placard at least eight inches by 11 inches in size with the following message printed or displayed thereon in 30 point or larger type:
Persons under the age of 21 years are subject to a fine up to $100 if they:
a. Enter licensed premises to buy or have served to them any alcoholic beverages;
b. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages; or
c. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(B) All valid city licenses issued therefor and the state licenses to which they correspond. The failure to so display the licenses shall be prima facie evidence that no valid licenses have been issued or exist and all actions, business and transactions authorized thereby conducted on the premises are illegal and in violation of the provisions hereof and the state statutes and regulations of the State Alcoholic Beverage Control Board in regard thereto.
(`96 Code, § 112.43) (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
Statutory reference:
Display of state license required, see KRS 243.620, 244.270 and 244.360
A city licensee shall not cause, permit or engage in any conduct upon the licensed premises by either the commission of a prohibited act or the omission of a required act which is a crime or other violation of any law, rule or regulation of any governmental agency having jurisdiction thereof or any officer or agency thereof.
(`96 Code, § 112.44) (Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
As prohibited by KRS 244.080 and 244.085, no person shall cause, permit, encourage or engage in any of the following actions in the city:
(A) The possession or consumption of any alcoholic beverages by any person under 21 years of age in or upon any licensed premises or public places; and
(B) The misrepresentation of the name, address, age or other identification of any person under 21 years of age for the purpose of obtaining alcoholic beverages.
(`96 Code, § 112.45) (Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
(A) A city licensee who has a valid city license shall be permitted to conduct the actions, business and transactions authorized thereby only upon the licensed premises.
(B) When no such actions, business or transactions are conducted thereon for a period of 90 consecutive calendar days, the city license therefor shall become null and void and revoked by the City ABC Administrator unless:
(1) The city licensee is unable to continue in business at the premises for which a license is issued due to an act of God; casualty; the acquisition of the premises by any federal, state, city or other governmental agency under power of eminent domain; acquisition of any private corporation through its power of eminent domain granted to it, whether the acquisition is voluntary or involuntary; or loss of lease through failure of the landlord to renew the existing lease; and
(2) Prior to the discontinuance of business at the licensed premises or immediately thereupon if such is due to an act of God, the city licensee delivers to the City ABC Administrator a written statement signed by the city licensee and verified by the oath or affirmation thereof indicating the discontinuance of business at the licensed premises for any of the causes or reasons described herein.
(`96 Code, § 112.46) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
NUDE OR NEARLY NUDE ACTIVITIES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENTS. A business within the city, where liquor, beer or wine is sold for consumption on the premises pursuant to a retail drink liquor license or retail cereal malt beverage liquor license that has been issued by the city.
CITY ABC ADMINISTRATOR. The duly appointed Alcoholic Beverage Control Administrator of the city.
LICENSE. A retail drink liquor license or a retail cereal malt beverage liquor license issued by the city.
LICENSEE. Any person to whom a retail drink liquor license or a retail cereal malt beverage liquor license has been issued by the city, including the officers and agents of the licensee.
OCCUPATION LICENSE. The occupational license issued for the business establishment pursuant to Chapters 110 and 111 of this code.
PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental authority.
PREMISES. The land and building in and upon which any business establishment regulated by the alcoholic beverage statutes is carried on.
RETAIL LICENSEE. Any licensee, including its officers and agents, who sells, at retail, any alcoholic beverage for the sale of which an occupational license is required.
(`96 Code, § 112.60) (Ord. 1986-1, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
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