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(A) All persons employed in the selling and/or serving of alcoholic beverages shall pa11icipate in and complete a responsible beverage serving ("RBS") program acceptable to the City ABC Administrator.
(B) All persons required to complete training under division (A) above shall complete that training within 30 days of the date on which the person first becomes subject to the training requirement. When a new business is licensed to serve alcoholic beverages all employees must be trained prior to the opening of the business.
(C) Each licensee shall be responsible for compliance with the training requirements and shall maintain for inspection by the City ABC Administrator a record or file on each employee that shall contain the pertinent training information. Each premise licensed hereunder must at all times when alcoholic beverages are being served have at least one person currently certified in responsible beverage service training on duty as described herein.
(D) All persons completing the training required by this section shall be re-certified not less than once every three years thereafter.
(Ord. 19-0008, passed 8-1-19)
(A) All signage shall be in compliance with any and all other existing rules, regulations, and ordinances of the city, including but not limited to, the Planning and Zoning Ordinance as currently enacted, and/or as may be amended in the future.
(B) No flashing lights shall be used to illuminate the exterior of any premises licensed under this chapter.
(C) Any advertising by any licensee under this chapter shall be in compliance with KRS 244.130 and regulations promulgated thereunder.
(D) No licensee shall publish or display advertising that is false or misleading, nor shall any licensee publish or display advertising that implies that consumption of alcoholic beverages is fashionable or the accepted course of behavior, or advertising that contains any statement, picture or illustration implying that the consumption of alcoholic beverages enhances athletic prowess, whether or not any known athlete is depicted or referred to, nor shall any licensee publish or display advertising that encourages intoxication by referring to the intoxicating effects of alcohol (or the use of terms such as "high test", "high proof" or "extra strong") or depicting activities that tend to encourage excessive consumption.
(E) No licensee shall erect or allow to be erected any banner that displays any particular brand of alcoholic beverage on the outside of the building or on the property.
(F) Signage which refers directly or indirectly to alcoholic beverages will be limited to one sign not over two square feet that must be displayed from the inside of the window or interior of the business. No additional signs, banners, posters or other type of displaying advertising which refers either directly or indirectly to alcoholic beverages shall be displayed on, nor shall it be visible from the exterior of any premises licensed for the sale of alcoholic beverages, except that reference to such may be included in the name of the business. This restriction shall not prevent any licensee from placing in the windows of the licensed premises business cards not larger than two and one-half inches in size, setting forth the price at which the licensee offers alcoholic beverages for sale.
(G) It shall be unlawful for a licensee under this chapter to distribute or cause to be distributed any handbills, circulars, or cards as a medium of advertising alcoholic beverages.
(H) No licensee shall advertise alcoholic beverages on any municipally owned property or at any municipally sponsored event.
(Ord. 19-0008, passed 8-1-19)
(A) Licensees in the downtown business district/area may request a permit to use sidewalk as an adjunct to the primary and adjacent licensed premises to serve food and alcoholic beverages there. In the case of permitted sidewalk cafes, they shall be deemed part of the licensed premises.
(B) Any licensee/restaurant that is licensed under this chapter and the provisions of the state ABC laws, may, upon application to the City ABC Administrator, ask permission to expand the operation of the business/restaurant onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereinafter referred to as "SIDEWALK CAFE"). Licensees who do not serve food shall not be eligible to apply for a sidewalk cafe permit.
(C) Conditions for sidewalk cafe permit. The issuance of a permit shall be subject to the following conditions and restrictions; provided, however, that the City ABC Administrator may without adverse hearing procedures impose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk cafe where necessary in the judgment of the said Administrator to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing:
(1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of 36 inches must be maintained on the public sidewalk at all times. The sidewalk cafe shall not be permitted in any manner to obstruct the entrance/exit to the restaurant.
(2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. They shall be removed at the end of each business day at the hour specified in the permit. Umbrellas, tables, chairs, and other portable appurtenances shall be confined to the area shown on the approved permit. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
(3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited to, trees, light poles, traffic signals, pull boxes or manholes, or any public-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times.
(4) The licensee shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously or apparently intoxicated.
(5) No disposable cups or drinking vessels may be used and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests.
(6) No amplified sound shall be used within a sidewalk cafe. At no time shall any music originating from any part of the premises create a nuisance.
(7) Dancing shall not be permitted or allowed in the sidewalk cafe.
(8) The licensee must at all times comply with all federal, state and local laws regarding the sale, service and consumption of alcohol and the operation of the premises.
(9) The permit for sidewalk cafe may not be assigned or transferred.
(D) Other requirements applicable to sidewalk cafes. No sidewalk cafe permit shall be effective unless the licensee has filed with the City Administrator evidence of insurance, insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk cafe, in an amount to be established by the City Attorney and the city's Safety Coordinator. The city shall be named an additional insured in the policy required. Such insurance policy shall further provide expressly that it may not be canceled except upon ten-day's written notice (or more) filed with the ABC Administrator and the City Attorney.
(Ord. 19-0008, passed 8-1-19)
The City Council may promulgate rules and regulations, and/or amendments thereto, as is in its discretion in order to ensure the proper implementation of this chapter. Such will be done as according to local, state, and federal law.
(Ord. 19-0008, passed 8-1-19)
(A) In addition to any criminal prosecution instituted in Crittenden District Court against an alleged violator, the City ABC Administrator may assess civil fines in lieu of suspension as authorized in KRS 243.480, including the per diem assessments for ongoing violations. Payment of all fines shall be remitted to the City ABC Administrator, who shall then transmit the fines to the City Clerk for deposit in the appropriate designated account.
(B) Any person, firm or corporation who violates any of the provisions of this chapter, for which no other penalty is hereby provided, shall be guilty of a misdemeanor, and subject to prosecution in the Crittenden County Court System, as follows: for the first offense, be fined not less than $100 nor more than $200 nor more than $500, or imprisoned for not more than six months, or both. The penalties provided for in this subsection shall be in addition to the revocation or suspension of the offender's license. If the offender is a corporation, LLC, joint stock company, association or other business organization, or a fiduciary, the principal officer or officers responsible for the violation may be imprisoned.
(Ord. 19-0008, passed 8-1-19)