Section
General Provisions
115.001 Purpose
115.002 Alcoholic Beverage Control Administrator
115.003 Appeals
License Application Process
115.015 License requirements
115.016 Certain special licenses; definitions
115.017 Application; intent
115.018 Conditions for license
115.019 Refusal of issue or renewal
115.020 Fees
115.021 Fees; payment process
License Maintenance
115.035 Form of license
115.036 Change of information
115.037 Renewal; reissue
115.038 Revocation and suspension
115.039 Revocation and suspension; proceedings
115.040 Transfer or assignment
115.041 Review; records
115.042 Dormancy
Other Registrations and Permits
115.055 Malt beverage keg; identification
115.056 Malt beverage keg registration and sale of
115.057 Sidewalk café permit
115.058 Sidewalk café permit; conditions
Sale of Alcoholic Beverages
115.070 Mandatory service training
115.071 License to be displayed
115.072 Hours of sale
115.073 Minors; restrictions
115.074 Legal transactions
115.075 Prizes and premiums
115.076 Depreciated prices
115.077 Selling to certain persons prohibited
Licensee Property Requirements and Restrictions
115.090 Signs
115.091 Advertising
115.092 Security
115.093 Employment restrictions
115.094 Lavatory facilities
115.095 Drive-through outlets
Other Restricted Activities and Violations
115.110 Radio receiving apparatus
115.111 Gambling; adult entertainment
115.112 Disorderly conduct
115.113 Consumption on premises
115.114 Violations; enforcement
115.999 Penalty
GENERAL PROVISIONS
(A) The purpose of this chapter is to establish uniform regulations and requirements for the licensing and regulation of alcoholic beverage manufacture and sales pursuant to authorization under KRS Chapters 241 through 244.
(B) The definitions of the words used throughout this chapter, unless the context requires otherwise, shall have the same meaning as those set out in the alcoholic beverage control laws (KRS Chapters 241 through 244) of the commonwealth, and all amendments and supplements thereto.
(C) This chapter shall be construed to apply to the manufacture and traffic in both malt beverages and distilled spirits and wine where the context permits such application. Nothing in this chapter shall excuse or relieve the licensee, or the owner, proprietor, employee, agent, or person in charge of any licensed premises where alcoholic beverages are sold from the restrictions, requirements, and penalties of any other ordinance of the city, or of any statues of the state relating to violations pertaining to alcoholic beverages.
(D) The provisions of the alcoholic beverage control law of the commonwealth (KRS Chapters 241 through 244) and all amendments and supplements thereto, are adopted so far as applicable to this chapter except as otherwise lawfully provided herein.
(E) 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. 05-2019, passed 12-30-2019)
(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 Mayor of the city appoints the Chief of Police, an employee of the city, to serve as the City Alcoholic Beverage Control (ABC) Administrator, pursuant to KRS 241.170.
(C) If the Chief of Police is not appointed by the Mayor to assume the role of City ABC Administrator, then the Mayor shall request that the City Council approve a new appointment or that it shall add the position of City ABC Administrator, as well as any other additional personnel to assist the City ABC Administrator, to the city’s Pay and Classification Plan, and a salary range for each position.
(D) The City ABC Administrator may, from time to time, appoint such additional personnel, such as alcoholic beverage control investigators, as is necessary to assist him or her in the administration of this chapter.
(E) (1) 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 with respect to state licenses.
(2) The City ABC Administrator shall have the same duties and functions regarding local license penalization as the Alcoholic Beverage Control Board with respect to state license penalization.
(F) 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 Alcoholic Beverage Control Board under state law set forth in KRS 241.100.
(G) The City ABC Administrator shall have authority delegated by the Mayor, and as authorized under KRS Chapter 241 through 244. The City ABC Administrator, and his or her investigators, shall have jurisdiction coextensive with the boundaries of the city.
(H) The City ABC Administrator, and his or her investigators, shall have available at all reasonable times for their inspection all books and records required to be maintained by licenses under KRS 244.150, and the City ABC Administrator shall receive copies of all reports submitted by the licensee to the Department of Alcoholic Beverage Control.
(I) (1) The City ABC Administrator, before entering upon his or her duties, shall take the oath as prescribed in the State Constitution § 228.
(2) The City ABC Administrator, and any employee delegated or assigned to the City 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 Kentucky Revised Statutes in regards to officials and employees of the city.
(Ord. 05-2019, passed 12-30-2019)
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