(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)