CHAPTER 115: ALCOHOLIC BEVERAGES
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
§ 115.001 PURPOSE.
   (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)
§ 115.002 ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR.
   (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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