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(A) In the event that a violation of §§ 112.62 or 112.63 occurs, the city shall forthwith conduct a hearing pursuant to KRS 243.520, in conjunction with KRS 241.160 and 241.190, to determine whether the liquor licensee, at whose business establishment the activity prohibited by this subchapter occurred, shall have his or her license suspended or revoked.
(`96 Code, § 112.64) (Ord. 1986-l, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
(A) In the event that a violation of §§ 112.62 or 112.63 occurs, the Liquor Administrator shall prefer charges against the retail license, pursuant to Chapter 110 of this code, after notice and a hearing are held by the City Council, the occupational license may either be revoked or suspended.
(B) In the event that three or more violations of §§ 112.62 or 112.63 occur at a business establishment within a 12-month period, after notice and hearing, pursuant to Chapter 110 of this code, the City Council shall revoke the occupational license of the retail licensee.
(`96 Code, § 112.65) (Ord. 1986-l, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
ADMINISTRATION AND ENFORCEMENT
Provisions concerning the Alcoholic Beverage Control Administrator are contained in § 32.39.
(`96 Code, § 112.75) (Am. Ord. 2016-7, passed 10-13-2016)
(A) Pursuant to the procedure set forth in KRS 243.480 through 243.560 and 243.590, city licenses may be either revoked or suspended by the City ABC Administrator upon the occurrence of:
(1) Any violation of the provisions of this chapter or any other alcoholic beverage control ordinance of the city;
(2) Any violation of any provision of state law in regard to alcoholic beverages or the rules and regulations of the State Alcoholic Beverage Control Board in regard thereto; or
(3) Any other cause, reason or circumstance for which a state license may be revoked or suspended by the Board.
(B) However, city licenses must be revoked by the City ABC Administrator upon the occurrence of any cause or circumstance which requires revocation of state licenses, pursuant to KRS 243.500, or the revocation of a state license to which a city license corresponds. Further, with the approval of the City ABC Administrator, a licensee may, as an alternative and in lieu of part or all of the days of any suspension period, pay the sums to the city as set forth in KRS 243.480.
(C) The procedure for the revocation or suspension of a city license shall consist of a written notice signed by the City ABC Administrator and mailed to the licensee at the address of the licensed premises by certified mail, describing the cause, circumstance or occurrence and the time and date thereof for which the city license may be revoked and indicating the time and place of a hearing in regard thereto at least five days thereafter at which the licensee and the representatives thereof shall be heard thereon. The hearing thereon shall be conducted by the City ABC Administrator in the city and according to the procedure prescribed by the State Alcoholic Beverage Control Board for hearings by the Board as supplemented by the regulations of the City ABC Administrator. The City ABC Administrator shall control and make all decisions in regard to the introduction of evidence and shall hear all arguments in regard thereto. At the conclusion of the hearing, the City ABC Administrator shall issue a written decision in regard thereto and mail a certified copy thereof to the licensee at the address of the licensed premises by certified or registered mail.
(`96 Code, § 112.77) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
(A) Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof in a court of competent jurisdiction, be sentenced to pay a fine for each offense or violation of no more than $500.
(B) Any person who violates the distillers license fee provision of § 112.20 shall be guilty of a misdemeanor and shall, upon conviction and in accordance with KRS 243.990(2), be sentenced to pay a fine of not less than $100, nor more than $200, or sentenced to imprisonment for no more than six months, or both for the first offense. For the second offense, the person shall be fined not less than $200, nor more than $500, or sentenced to imprisonment for no more than six months, or both. On the third and each subsequent offense, the person shall be sentenced to pay a fine of not less than $500, nor more than $500, or sentenced to imprisonment for not more than five years, or both.
(C) Any person who violates any provision of § 112.20 other than as discussed in division (B) above, or any provision of §§ 112.21 through 112.26, 112.40 through 112.42, 112.44 or 112.45(A) shall be guilty of a misdemeanor and shall, upon conviction and in accordance with KRS 243.990(1) and 244.990(1), be fined not less than $100, nor more than $200, or be imprisoned for no more than six months, or both for the first offense. On the second and each subsequent offense, the person shall be fined not less than $200, nor more than $500, or be imprisoned for no more than six months, or both.
(D) Any person who violates any provision of § 112.43 shall be guilty of a violation and shall, upon conviction and in accordance with KRS 244.990(5), be fined not less than $10, nor more than $100.
(E) Any person who violates any provision of § 112.45(B) shall be guilty of a violation, upon conviction and in accordance with KRS 244.990(5) and (6), be fined not less than $10, nor more than $100, for misrepresentation of age. For use of a false, fraudulent, or altered identification card, paper or other document to purchase, attempt to purchase, or otherwise obtain any alcoholic beverage, the person shall be guilty of a misdemeanor and shall be fined not less than $50, nor more than $500, for a first offense. For a second and each subsequent offense, the person shall be guilty of a misdemeanor and shall be fined not less than $200, nor more than $500.
(F) Performing nude or nearly nude activities as set forth in § 112.62 or permitting those activities as set forth in § 112.63, is a violation and punishment shall be fixed as set forth in the Kentucky Revised Statutes. The second violation of §§ 112.62 or 112.63 within a 12-month period shall constitute a Class B misdemeanor with punishment as set forth in the Kentucky Revised Statutes. Three or more violations of §§ 112.62 or 112.63 within a 12-month period shall constitute a Class A misdemeanor with punishment as set forth in the Kentucky Revised Statutes.
(Ord. 1986-1, passed 3-20-1986)(Ord. 1986-1, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
(`96 Code, § 112.99)