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(A) City licenses. For the privilege of causing, permitting and engaging in the actions, business, and transactions authorized thereby in regard to traffic in alcoholic beverages in the city and pursuant to the authority of KRS 243.070, there is hereby established a corresponding city license for each of the licenses described in KRS 243.070. The fee for each city license shall be as set out in the schedule set forth below. In the event KRS 243.070 shall hereafter be amended to authorize additional city licenses, the city shall have authority to issue that additional city license type and the fee for such license shall be the maximum fee provided in KRS 243.070 as amended.
License Type | Fee |
License Type | Fee |
Distiller's license, per annum | $500 |
Rectifier's license a. Class A, per annum b. Class B (craft rectifier), per annum | $3,000 $960 |
Wholesaler's license, per annum | $3,000 |
Quota retail package license, per annum | $1,000 |
Quota retail drink license, per annum | $1,000 |
Non-quota Type 1 retail drink license, per annum | $2,000 |
Non-quota Type 2 retail drink license, per annum | $1,000 |
Non-quota Type 3 retail drink license, per annum | $300 |
Special temporary license, per event | $166 |
Special temporary alcohol auction license, per event | $100 |
Special Sunday retail drink license, per annum | $300 |
Extended hours supplement license, per annum | $2,000 |
Caterer's license, per annum | $800 |
Bottling house or bottling house storage license, per annum | $1,000 |
Brewer's license, per annum | $500 |
Microbrewery license, per annum | $500 |
Malt beverage distributor's license, per annum | $400 |
Non-quota retail mail beverage package license, per annum | $200 |
Non-quota Type 4 retail malt beverage drink license, per annum | $200 |
Limited restaurant license, per annum | $1,200 |
Limited golf course license, per annum | $1,200 |
Qualified historic site, per annum | $1,030 |
Authorized public consumption license, per annum | $250 |
(B) The fee for each of the first five supplemental bar licenses shall be the same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises.
(C) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink license for a fee of $50. The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of $50.
(D) Authorized public consumption license. KRS 243.089(d) provides that required ordinance must address:
(1) Hours of operation;
(2) Local licensing requirements;
(3) Any additional insurance requirements;
(4) Standards for the approval of authorized travel routes;
(5) Safety and equipment standards;
(6) Local inspection requirements;
(7) Standards for vehicle operation; and
(8) Standards for loading and unloading passengers.
(E) Expiration of license; proration of fees. All city licenses, except temporary licenses, shall begin on February 1 of any year and shall expire on January 31 of the following year as set forth in KRS 243.090 and 804 KAR 4:390. Any licenses issued after June 1 of any year shall be assessed a fee which is based on the pro rata portion of the remainder of the license period; however, the cost of any license shall not be less than one-half the amount of the full fee for an annual license of that type.
(F) Payment of license fees; delinquency. No licensee shall enter into or begin operating any business for which a license is required by this chapter until the license fee has been paid in full. The fee for renewal of any license shall be paid with the renewal application. Failure to pay any license fee within ten days after it becomes due shall result in a penalty equal to 10% of the license fee. Any licensee failing to pay the fees, Including penalties, within ten days after such fees are due may be subject to revocation of the license and to other penalties as provided in this chapter.
(G) Refund of fees.
(1) Should any licensee under this chapter be prohibited from conducting the licensed business for the full period covered by the license because of any changes that may hereafter be made in the laws of the Commonwealth with reference to alcoholic beverages or other cause outside licensee's control, then the city shall refund to licensee the proportionate part of the license fee for the period during which licensee is prevented from carrying on said business if the licensee provides sufficient proof to the City ABC Administrator that such period of inactivity was not the fault of the licensee or the result of a revocation, suspension or other wrongdoing by licensee, or an agent or employee of the licensee.
(2) In the event a violation of this chapter occurs that results in the suspension or revocation of the license, the city shall not be required to refund any portion of the license fee.
(H) Regulatory license fee.
(1) Pursuant to KRS 243.075, there is hereby imposed a regulatory license fee on the gross receipts of sale of alcoholic beverages of each licensee who has a local city license issued by the City ABC Administrator. The city's regulatory license fee shall be 5% of gross sales of all alcoholic beverages sold by the drink. In the case of retail sales of package distilled spirits and wine, the regulatory license fee shall be 5% of gross sales. The regulatory license fee shall be 5% on gross retail sales of package malt beverages.
(2) Payment of said regulatmy fee shall be remitted to the City ABC Administrator, who shall transmit all fees to the City Clerk, or his designee, for deposit into the appropriate designated account. The city may use said fees as permitted by law, including but not limited to, any cost of additional policing, regulatory or administrative expenses related to the sale of alcoholic beverages in the city. The regulatory license fee shall be in addition to any other fees or licenses permitted by law, except that a credit against a regulatory license fee in the city shall be allowed in an amount equal to any license fee shall be based on paperwork required by the local and/or state ABC Administrator, which may include but is not limited to tax returns and financial statements. Said paperwork and payment will be due according to the schedule set forth by the Mayor, or his designee, which may be set at, but is not limited to, time periods consisting of a monthly or qua1terly billing by the local ABC office and/or the city.
(3) Failure to pay such remittance within ten days of the due date constitutes a violation and shall subject a licensee to suspension or revocation.
(4) Penalty for failure to file a return and pay remittance by the due date is 5% of the regulatory fee for each 90 days or fraction thereof. The total late filing penalty shall not exceed 25% of the regulatory fee; provided, however, that in no case shall the penalty be less than $10.
(5) Interest at the rate of 8% per annum will apply to any late payments.
(I) Disposition of fees and any other type of payment to the city. The City ABC Administrator shall transmit all fees and any other types of payment made to the city, upon collection, to the City Clerk, or his/her designee, for deposit into the appropriate designated account.
(J) Location of premises to be licensed.
(1) A license authorized under division (A) Retail Package License shall not be issued if the place of business is to be located within 500 feet, measured in a straight line, of a building occupied as a school, preschool or daycare.
(2) A license authorized under division (A) Retail Package License shall not be issued if the place of business is to be located within 100 feet, measured in a straight line, of a building occupied as a place of worship.
(3) The restriction set forth above in division (J)(1) above shall not apply when a place of business involving retail alcoholic beverage sales has been established within all regulations of this chapter and a school, preschool, daycare is thereafter established within the proscribed distance as set forth above.
(4) The restriction set forth in division (J)(2) above shall apply only to places of worship and where such place may be situated as of the date of this chapter's adoption. Any place of worship established after the date of adoption shall not be considered under this section.
(5) Measurement of the distance referred to in divisions (J)(1) and (2) above shall be taken in a straight line from the nearest exterior wall of the building used for a school, preschool, daycare or place of worship, to the nearest exterior wall of the building sought to be licensed.
(6) All other licenses are exempt from this division (J).
(Ord. 19-0008, passed 8-1-19)
(A) Pursuant to KRS 241.160 and KRS 241.170, there is hereby created the office of the City Alcoholic Beverage Control Administrator ("City ABC Administrator").
(B) The City ABC Administrator pursuant to KRS 241.170(2) shall be appointed by the Mayor to serve at the pleasure of the appointing authority. The individual designated shall execute a bond with a good corporate surety in the penal sum of not less than $1,000 and shall take the oath as prescribed in Section 228 of the Kentucky Constitution.
(C) The City ABC Administrator may from time to time appoint such additional personnel, such as Alcoholic Beverage Control Investigator(s), as is necessary to assist him or her in the administration of this chapter.
(D) The City ABC Administrator shall have the same duties and functions regarding local license applications and renewals as the State Department of Alcoholic Beverage Control ("Department") with respect to state licenses. The ABC Administrator shall have the same duties and functions regarding local license penalization as the Alcoholic Beverage Control Board ("Board") with respect to state license penalization.
(E) To prevent potential conflicts of interests, no person shall be a City ABC Administrator, an investigator, or an employee of the city, under the supervision of the City ABC Administrator, who would be disqualified to be a member of the Board under state law set forth in KRS 241.100.
(F) The City ABC Administrator shall have authority delegated by the Mayor, and as authorized under KRS Ch. 241 to Ch. 244. The City ABC Administrator, and his investigators, shall have jurisdiction co- extensive with the boundaries of the city.
(G) The City ABC administrator and his investigators shall have available at all reasonable times for their inspection all books and records required to be maintained by licensees under KRS 244.150 and the City ABC Administrator shall receive copies of all reports submitted by licensee to the Department.
(H) The City ABC Administrator, before entering upon his or her duties, shall take the oath as prescribed in Section 228 of the Constitution. The City ABC Administrator and any employee delegated or assigned to the ABC Administration may also be asked to execute a bond in such penal sum as the city deems necessary unless said person is already covered under the city's active bonds as required under the Kentucky Revised Statutes in regards to officials and employees of the city.
(Ord. 19-0008, passed 8-1-19)
(A) Advertisement. Before an application for a license shall be considered, the applicant must publish a notice of its intent to apply for an alcoholic beverage license in the newspaper used by the city for legal notices under KRS 424.120. The notice shall include the following:
(1) The advertisement shall state the name and address of the applicant and the name and address of each principal owner, partner, member, officer and director if the applicant is a partnership, limited partnership, limited liability company, corporation, governmental agency, or other business entity recognized by law. All advertisements shall state the location of the proposed premises for which the licenses sought, and the type of business, and type of license for which application is made.
(2) The applicant shall attach to the application a newspaper clipping of the advertisement.
(B) Form of application.
(1) All licenses granted under this chapter shall be approved by the City ABC Administrator. Applications for the issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by the Kentucky ABC Board and/or the city, both of which may be amended and supplemented from time to time by each respective agency.
(2) The application shall be verified and shall set forth in detail such information concerning the applicant and the premises for which the license is sought, as required by the Kentucky Revised Statutes, the state Department, and the city, including as follows:
(a) Name and address;
(b) Nature of interest;
(c) Whether or not a citizen of the United States;
(d) Date of birth;
(e) Date residence was established in Kentucky, if a resident of Kentucky;
(f) Whether or not he or she has any interest in any other license or LLC, corporation, partnership or other business organization holding a license under this chapter;
(g) Extent of stock or company ownership;
(h) Whether or not he or she has any interest in any license or LLC, corporation, partnership or other business organization holding a license in any other state or province.
(3) Each application shall be accompanied by a certified check, cashier check, or money order for the amount of the license fee.
(4) In addition to the above specified information, the applicant shall file, with the application, responses to any additional questions as may be posed or prescribed by the City ABC Administrator. The City Council has adopted a statement of guidelines and priorities for the issuance of licenses within this chapter to determine the extent to which applications may further, or impede, the objectives of those guidelines. Therefore, in addition to the information contained in the application, the City ABC Administrator may require such other information as the City ABC Administrator may, in his or her discretion, deem desirable, reasonable, or appropriate to the consideration of the application.
(C) Other conditions. In addition to any other inquiries, conditions or considerations required or permitted by law:
(1) The City ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until the applicant and his or her place of business shall have been approved by a licensed building inspector, and any and all other inspections required by the Kentucky Building Code or other applicable law;
(2) No license to sell alcoholic or malt beverages may be granted or renewed to any person who is delinquent in the payment of any prope1ty taxes, both real and personal, any other taxes due to the city, fees of any type, or charges due to any department of the city at the time of issuing the license, nor may any license be granted or renewed to sell upon any premises or property, owned and occupied by the licensee upon which there are any of the above delinquent payments due and owing to the city. Further, if a licensee becomes delinquent in the payment of any of the above at any time during the license period, the license to sell alcoholic or malt beverages may be subject to revocation or suspension.
(3) No person, whether applicant for license, or a licensee, shall in any manner attempt to bribe, threaten, unduly influence or intimidate the City ABC Administrator, or any member of the city's staff, or any state ABC Administrator or staff, in any matter in which an application or proposed application for license, or procedure for revocation or suspension is pending before such officer. This division is not intended to stifle expressions of opinion; however, it is intended to make clear that the ABC Administrators are public officials charged with the administration anct enforcement of the law, both local and state. Any person applying for a license, or contesting the revocation or suspension of a license, who engages in attempted bribes, threats, attempted undue influence or intimidation of a city or state ABC Administrator or staff shall be disqualified from receiving or retaining a license, in addition to other penalties as provided by law. The procedures for appeals shall apply to disqualifications, revocations or suspensions under this chapter. Nothing in this chapter shall be interpreted to prohibit monetary settlements in lieu of revocation or suspension of license after a final order or revocation or suspension, where the chapter and applicable statutes allow for such payments in settlement.
(D) Denial of licenses.
(1) The City ABC Administrator may deny a city license for any of the following reasons:
(a) Causes for refusal to issue or renew a license and for suspension or revocation of a city license shall be the same as provided for state licenses according to KRS 243.450, 243.490 and 243.500, as well as violation of any city ordinance regarding alcohol beverage licensing, sales or the administration thereof.
(b) If the applicant has done any act for which a revocation of license would be authorized under local, state, or federal law; or
(c) If the applicant has made any false material statement in his or her application.
(2) An applicant who has been refused a license by the City ABC Administrator may appeal the refusal to the state Board pursuant division (K) below.
(E) Form of license. All city licenses shall be in such form as may be provided by the ABC Administrator, but at the least shall contain:
(1) The name and address of the licensee;
(2) The number of the license;
(3) The type of license;
(4) A description by street and number, or otherwise, of the licensed premises;
(5) The expiration date of the license;
(6) A statement in substance that the license shall not be a property or vested right and that it may be revoked at any time pursuant to law.
(F) Change of information.
(1) If after a license to individuals or to a sole proprietor has been issued, there is a change in any fact required to be set forth in the application, a verified amendment in writing giving notice of the change shall be filed with the City ABC Administrator with ten days of the change.
(2) Since a number of licenses issued by the city are in the name of corporations or other business organizations, it is necessary that ownership changes in such organizations be reported to the City ABC Administrator. The City ABC Administrator can, therefore, investigate the person to whom the ownership or management is transferred in order to ascertain whether that person is precluded by statute from holding an interest in an alcoholic beverage license.
(3) As used with regard to a partnership, corporation, LLC or other business organization herein, the word CHANGE is construed to include any change in managers, partners or LLC members, directors or officers of the corporation, or change in ownership or stock whereby any person secures 10% of the outstanding ownership or stock. Transfer of more than 10% of the total ownership or stock shall require a new license.
(4) The following information shall be required concerning any new manager, partner or LLC member, new director, officer, or person securing any interest in alcoholic beverage license:
(a) Name and address;
(b) Nature of interest;
(c) Whether or not a citizen of the United States;
(d) Date of birth;
(e) Date residence was established in Kentucky, if a resident of Kentucky. If a resident, indicate when residence was established;
(f) Whether or not he or she has any interest in any other license or in any LLC, corporation, partnership or other business organization holding a license under this act;
(g) Extent of stock or company ownership;
(h) Whether or not he or she has any interest in any license or in any LLC, corporation, partnership or other business organization holding a license in any other state or province.
(5) This information shall be filed with the City ABC Administrator as a verified amendment of the application pursuant to which the license was granted. Filing shall be made within ten days of any change of required information.
(G) Renewal of license.
(1) Every year, except in the case of the temporary licenses, each licensee shall renew its license. All renewal licenses must be on file with the City ABC Administrator no less than 30 days prior to the expiration of the license for the preceding license period or the same shall be canceled, except where the licensee is unable to continue in business at the same premises licensed during the preceding license period as a result of construction, act of God, casualty, death, the acquisition or threatened acquisition of the premises by any federal, state, city or other governmental agency or private organization possessing power of eminent domain, whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew exiting lease; provided that said licensee shall file a written verified statement no less than 20 days from the expiration date of the license, setting forth these facts, and the City ABC Administrator is hereby authorized to extend the time for filing of a renewal of such license for a reasonable length of time within the sound discretion of the City ABC Administrator; provided, however, such licensee shall payla license fee from the expiration date of the former license or licenses. Said license fee shall not by payable until application is made for the transfer of said license to a new location.
(2) The renewal by the City ABC Administrator of the license shall not be construed to be a waiver or acceptance of any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the licensee.
(H) Lost or destroyed license. When a license shall be lost or destroyed without fault on the part of the licensee or his or her agent or employee, a duplicate in lieu of the original license shall be issued by the City ABC Administrator after the Administrator shall have been satisfied as to the facts; provided, however, that the applicant for said duplicate license shall pay a fee of $10 for the duplicate license.
(I) Revocation or suspension.
(1) Any license may be revoked or suspended by the City ABC Administrator if the licensee shall have violated any of other provisions of KRS Ch. 241 to Ch. 244, or any rule or regulation of the state Board, or of the Kentucky Department of Revenue, relating to the regulation of the manufacture, sale, and transportation, or taxation, of alcoholic beverages or if such licensee shall have violated or shall violate any act of Congress or any rule or regulation of any federal board, agency or commission, or this chapter now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale, and transportation, or taxation, of intoxicating liquors, or any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Ch. 241 to Ch. 244 to be created, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed is disobedience of his or her instructions.
(2) A license may be revoked for any of the reasons for which the City ABC Administrator would have been required to refuse a license if the facts had been known.
(3) In addition to the foregoing slated causes, any license may be revoked or suspended for the following causes:
(a) Conviction of the licensee or the licensee's agent, servant, or employee for selling any illegal alcoholic beverages on the licensed premises;
(b) Making any false, material statements in an application or renewal application for a license or supplemental license;
(c) Conviction of the licensee or any of the licensee's agents, servants or employees of:
1. Two violations of the terms and provisions of KRS Ch. 241 to Ch. 244, or any act regulating the manufacture, sale, and transportation of alcoholic beverages within two consecutive years;
2. Two misdemeanors directly or indirectly attributable to the use of alcoholic beverages within two consecutive years; or
3. Any felony.
(d) Failure or default of a licensee to pay an excise tax or any part of the tax or any penalties imposed by or under the provisions of any statutes, ordinances, or Acts of Congress relative to taxation, or for a violation of any related administrative regulations promulgated by the Department of Revenue.
(e) Revocation of any state license provided in KRS 243.030, 243.040, or permit granted under any Act of Congress relative to the regulation of the manufacture, sale, and transportation of alcoholic beverages.
(f) Setting up, conducting, operating, or keeping, on the licensed premises, any gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility for betting or transmitting bets on horse races; or permitting to be set up, conducted, operated, kept, or engaged in, on the licensed premises, any gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility. This division shall not apply to:
1. The sale of lottery tickets sold under the provisions of KRS Chapter 154A;
2. The operation of a pari-mutuel system for betting, where authorized by law;
3. The conduct of charitable gaming by a charitable organization licensed or permitted under KRS Chapter 238; or
4. Special temporary raffles of alcoholic beverages under KRS 243.036.
(g) Conviction of the licensee, the licensee's agents, servants, or employees for:
1. The trafficking or possession upon the licensed premises of controlled or illegal substances described in KRS Chapter 218A, including synthetic drugs;
2. Knowingly permitting the trafficking or possession by patrons upon the licensed premises of controlled or illegal substances described in KRS Ch. 218A, including synthetic drugs; or
3. Knowh1gly receiving stolen property upon the licensed premises.
(h) Failure to comply with the terms of the City Administrator.
(J) Proceedings for revocation or suspension of license.
(1) Upon the verified complaint of any person, or on the initiative of any law enforcement officer, or of the City ABC Administrator, the City ABC Administrator may institute proceedings to revoke or suspend any license granted under this chapter. A license may be revoked or suspended only after the licensee shall have been given written notice, by certified or registered mail, of the proposed revocation, including notice of the reasons for such proposed action. The licensee shall be given opportunity to be heard in opposition to the proposed revocation or suspension. The notice of proposed action shall advise the licensee of the date, time and place of the hearing. Notice shall be sufficient if mailed to the licensee at the address shown in the last application for a license or in the last statement supplemental to or in amendment of the application, whether or not the mailing is receipted for or claimed.
(2) The specific procedures to be followed in bearings on actions for revocation or suspension shall provide constitutional due process rights to the city ABC license bolder.
(3) A decision of the City ABC Administrator revoking or suspending a license may be appealed to Board as provided in KRS 241.200 and KRS 243.550.
(4) Within three days after any order of revocation or suspension of a license becomes final, notice of revocation shall be given to the licensee and to the owner of the licensed premises. A
notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his or her license to the City ABC Administrator. If the revoked or suspended license is not forthwith surrendered by the licensee, the Chief of Police, at the request of the City ABC Administrator, shall immediately cause one of his or her officers to take physical possession of the license and return it to the City ABC Administrator.
(5) When a license has been revoked or suspended, the former licensee may, with prior approval of the City ABC Administrator, dispose of and transfer his or her stock of alcoholic beverages to an appropriate entity.
(6) An appeal from the decision of the City ABC Administrator revoking or suspending a license shall be to the state Board pursuant to division (K) below. The timely filing of an appeal shall stay further proceedings for revocation.
(7) If a license is revoked or suspended by an order of the City ABC Administrator, and the decision is not appealed, the licensee shall suspend all operations authorized under his or her license upon
finality and effectiveness of the order. Upon finality of any final order of the state Board sustaining or ordering revocation or suspension on appeal, the licensee shall at once suspend all operations authorized under the suspended or revoked license.
(K) Appeals.
(1) Appeals from the orders of the City ABC Administrator may be taken to the state ABC Board by filing a notice of appeal with the Board within 30 days after the decision or order of the City ABC Administrator is mailed or delivered by personal service. The notice of appeal shall specify the City Administrator by name and shall identify the decision or order, or part of the decision or order, being appealed. The notice shall contain a certificate that a copy of the notice has been served on the City ABC Administrator and shall be accompanied by a copy of the decision or order being appealed. Matters at issue shall be heard by the Board as upon an original proceeding. Appeals from decisions or orders of the City ABC administrator shall be governed by KRS Ch. 13B.
(2) As provided by law no appealed City ABC Administrator order or decision, or resulting state Board order, shall become effective or final until all Board appeals, court appeals, or appeal times shall have been exhausted. When a Board order becomes final and effective, the City ABC Administrator, shall enter such orders and take such action as required by the final order of the Board.
(L) Transfer or assignment. No license issued under this chapter shall be transferred or assigned either as to licensee or location except with prior approval of the City ABC Administrator and not then until a payment of $100 shall be made to the City ABC Administrator.
(M) Review of license, books, records and reports.
(1) Applicants to whom a license is issued pursuant to this chapter shall provide periodic information demonstrating compliance with the conditions of any license, such as, but not limited to, the continuing requirement that a minimum percentage of the applicant's business income is earned from the sale of food. This documentation shall be provided on a schedule to be coordinated with the applicant's
quarterly regulatory fee filings. The city shall provide the form schedule to the licensee. The licensee's acceptance of a license to manufacture or traffic in alcoholic beverages shall constitute consent to the filing of the quarterly report. In the case of caterer filing, the quarterly report shall identity each catered event by type of event, date and address of the event, and shall provide a per event breakdown of sales and the ratio of food sales to alcohol sales during the reporting period. This requirement for filing of reports notwithstanding, the city may at any time come upon the premises of any licensee and examine the books and records to determine whether the licensee is in compliance with all parts of this chapter. In the event the conditions of any license requirement are not met during any particular quarter, the City ABC Administrator shall have discretion in determining whether revocation is appropriate or whether the licensee may be allowed a reasonable period of time to reach compliance. If a good faith effort is demonstrated by the licensee, the City ABC Administrator may apply an accounting period of at least one year in determining whether or not the food sale percentage requirement has been met.
(2) Every licensee under this chapter shall keep and maintain, upon the licensed premises, adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the ABC Board. Such books and records shall be available at all reasonable times for inspection by the City ABC Administrator and such city employees who may assist the City ABC Administrator in his or her review.
(N) Dormancy.
(1) It is necessary that a licensee actually conduct the business authorized by such a license or else the license will be declared dormant and become null and void after 90 days. Such is the intent of this section. Realizing that a licensee, like other business, may have his or her business interrupted by situations not under his or her control, various exceptions to the dormancy rule have been included in this section.
(2) Any license under which no business is transacted during a period of 90 days shall be deemed inactive and, unless the conditions set forth in division (N)(3) below are proved to the satisfaction of the City ABC Administrator, the license shall be surrendered to the City ABC Administrator. If the license is not voluntarily surrendered, it shall be revoked by the City ABC Administrator.
(3) The provisions of division (N)(2) above shall not apply to any licensee who is unable to continue in business at the premises for which a license is issued due to construction, an act of God, casualty, death, the acquisition of the premises by any federal, state, city or other governmental agency under power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing lease. Prior to the expiration of 90 days of inactivity, such licensee shall furnish to the City ABC Administrator a verified statement setting forth the fact that the licensee is unable to continue in business, for any of the specific reasons set forth herein, and the City ABC Administrator may grant an extension of the dormancy with the license continuing to remain in effect during the license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during said period; provided, however, no such license shall be considered valid unless business is conducted there under within 12 months from the date of notice to the City ABC Administrator. Such extension may not extend beyond the renewal date but may be for such times as the City ABC Administrator deems appropriate in exercise of his or her sound discretion.
(Ord. 19-0008, passed 8-1-19)
(A) A licensee for distilled spirits, wine and/or malt beverages shall be permitted to sell distilled spirits, wine and/or malt beverages between the hours of 6:00 a.m. until 12:00 a.m. (midnight) Monday through Saturday. Further, a licensee for distilled spirits, wine and/or malt beverages shall be permitted to sell distilled spirits, wine and/or malt beverages on Sunday after the hours of 6:00 a.m until 12:00 a.m. Licensees must obtain a Sunday retail drink license in order to sell distilled spirits or wine by the drink on Sunday.
(B) New Years Eve. A licensee may sell distilled spirits, wine, and/or malt beverages on New Year's Eve until 2:00 a.m. on January regardless of the day of the week on which New Year's Eve occurs; provided that, the appropriate licenses have been obtained from both the city and the State ABC Board.
(Ord. 19-0008, passed 8-1-19)
(A) Gambling. No gambling or game of chance unless otherwise authorized by the Commonwealth of Kentucky shall be permitted in any form on such licensed premises. Dice, slot machines, quarter pushers, prize redemption machines with programmable payouts, or any device of chance is prohibited and shall not be kept on such premises.
(B) Prevention of disorderly premises; security. The licensee shall be responsible for keeping the premises orderly and must maintain adequate security for the premises to ensure the safety, health and welfare of the general public utilizing the licensed premise. Security standards are further necessary to discourage unlawful activity in and around the licensed premises.
(C) Prizes and premiums prohibited. It shall be unlawful for a licensee to give away or offer to give away anything tangible of value as a premium or prize, or for any other purpose in direct connection with the sale of malt beverages unless permitted by KRS 244.500.
(D) Treating prohibited. It shall be unlawful for the licensee under this chapter to give away any alcoholic beverage to a consumer in any quantity for free or for less than paid or current wholesale cost, unless the licensee holds a sampling license or its license type permits limited free samples (i.e., small farm winery, microbrewery, brewer's), or a bona fide "close out" sale approved by the state Administrators.
(E) Intoxicated persons; drunkenness. The licensee shall not sell, give, or deliver any alcoholic beverages to any person who appears to a reasonable person to be actually or apparently under the influence of alcoholic beverages, controlled substances, other intoxicating substances, or any of these substances in combination, to the degree that the person may endanger any person or property, or unreasonably annoy persons in the vicinity.
(F) Underage sales. The licensee shall not sell, give, or deliver any alcoholic beverages to any person who is under 21 years of age, or permit same.
(G) Sign requirements; notice to persons under the age of 21. Per stale law, the licensee shall display at all times in a prominent place a sign at least 8 inches x 11 inches in 30 point or larger type font which states as follows:
Persons under the age of 21 are subject to a fine of up to $100 if they:
1. Enter licensed premises to buy, or have served to them, alcoholic beverages.
2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(H) License to be displayed.
(1) The licensee, before commencing any business for which a license has been issued, shall post and display at all times in a conspicuous place in the room or principal room where the business is carried on so that all persons visiting the place may readily see the license. The licensee shall not at any time post the license on premises other than the licensed premises or upon premises where traffic in alcoholic beverages is being carried on by any person other than the license, or knowingly deface, destroy or alter the license in any respect.
(2) The licensee shall post in a prominent place easily seen by patrons a printed sign at least 8 inches x 11 inches with gender- neutral language supplied by the Kentucky Cabinet for Health and Family Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
(I) Legal transactions for wholesalers, distributors and retail. No wholesaler or distributor shall sell any alcoholic beverages to any person in the city for any consideration except under cash terms of the wholesaler or distributor at or before the time of delivery. A wholesaler is also permitted to extend credit for 30 days to a retailer for the purchase of distilled spirits and wine.
(J) Employment restrictions.
(1) A person holding any license shall not knowingly employ in connection with the licensed business any person who:
(a) Has been convicted of any felony within the last two years;
(b) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable to the use of alcoholic beverages within the last two years;
(c) For the purposes of selling and serving alcoholic beverages, is under the age of 20 years, unless the person employed is at least 18 years of age and under the supervision of a person 20 years of age or older; or
(d) Within two years prior to the date of the person’s employment, has had any license issued under KRS Chapters 241 to 244, or under any other act or ordinance relating to the regulation of the manufacture, sale, or transportation of alcoholic beverages, revoked for cause.
(2) The provisions of division (J)(1)(a) and (b) of this section shall not apply if the employee's duties do not involve the sale, service, delivery, or traffic in alcoholic beverages at the licensed premises.
(3) A person under the age of 20 years of age whose employment is authorized under division (J)(1) of this section shall not have duties that include bartending or any activities listed in KRS 529.010(3).
(4) A person who is at least 18 years of age whose employment does not include the sale or service of alcoholic beverages may work in the warehouse of a wholesaler or distributor if there is an employee on the premises who is 21 years of age or older.
(5) Violation of this division shall subject both employer and employee to penalties provided in this chapter and shall be cause for revocation of license.
(K) Lavatory facilities required. All retail beer and retail drink licenses shall be required to provide indoor or outdoor lavatory facilities for their customers where such beverages are consumed on the premises.
(L) Nudity and adult entertainment activities prohibited. No licensee shall offer or permit nudity, adult entertainment activities, including nude or nearly nude dancing, adult motion picture, television, slide or stage shows, cabarets or sexual entertainment centers on any licensed premise. No licensee shall permit explicit sexual activity, whether actual or simulated, upon any licensed premises. No licensee shall sponsor or permit wet t-shirt or wet clothing contests, lingerie fashion shows, mud wrestling, Jell-O wrestling or similar activities, nor shall a licensee allow dancing with touching for compensation (including but not limited to wages, tips or gratuities), or any other service, display or contest requiring physical contact between patrons and/or patrons and employees on any licensed premises. No licensee shall sponsor, offer or permit drinking contests, all-you-can-drink specials or free drinks on any licensed premise in the city.
(M) Drive-through outlets prohibited. No license shall be issued for any premises to operate a vehicle "drive-through" outlet for the sale of alcoholic beverages, nor shall any person or licensee operate or permit such a vehicle drive-through outlet. This prohibition shall not apply to a drive-up window at any premises licensed for retail package liquor, wine or malt beverage, including retail beer, where the primary sales area is arranged for and utilized by person entering the premises on foot and manually carrying out the products purchased therein.
(N) Cause for revocation. Violation of this and any other section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation or suspension of city licenses.
(Ord. 19-0008, passed 8-1-19; Am. Ord. 22-13, passed 8-2-22)
(A) Except as specifically authorized under KRS Ch. 241 to Ch. 244, no person under the age of 21 may possess alcoholic beverages or enter onto any licensed premises for the purpose of acquiring alcoholic beverages.
(B) Except as permitted by RS 244.085 and 804 KAR 5:070, no person under the age of 21, may remain on any premises licensed for the package sale of alcoholic beverages unless in the company of a parent or guardian. No person under the age of 21, may enter any premises licensed for drink sales of alcoholic beverages unless permitted by KRS 244.085(5) and 804 KAR 5:070. The prohibition contained in this division shall not apply to premises where the usual and customary business of the establishment is a gas station, convenience store, grocery store, drugstore, and other business types listed in KRS 244.085 and by the state Board in 804 KAR 5:070.
(C) No person shall knowingly permit, aid, assist. induce, cause or otherwise encourage any minor to be in possession of, use or consume alcoholic beverages. All licenses, as set out in this chapter, shall require proof of age of all persons attempting to purchase or consume alcoholic beverages on the licensee's premises.
(D) No person being the owner or occupant or otherwise in possession or control of any property located within the city shall knowingly allow any minor to remain on such property while in possession of, using or consuming alcoholic beverages.
(E) It shall be a defense to any prosecution under this section if the person charged, upon discovery of said minor individuals, manifests a proper effort to enlist the aid of and cooperate with law enforcement personnel in stopping the minor individuals' possession, consumption or use of alcoholic beverages.
(Ord. 19-0008, passed 8-1-19)
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