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§ 115.071 LICENSE TO BE DISPLAYED.
   (A)   Pursuant to the requirements set forth in KRS 243.620, 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.
   (B)   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 licensee, or knowingly deface, destroy, or alter the license in any respect.
   (C)   The licensee shall post in a prominent place easily seen by patrons a printed sign at least eight inches by 11 inches with gender-neutral language supplied by the State Cabinet for Health and Family Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
§ 115.072 HOURS OF SALE.
    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. to 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.
(Ord. 05-2019, passed 12-30-2019; Ord. 01-2024, passed 3-18-2024)
§ 115.073 MINORS; RESTRICTIONS.
   (A)   The licensee shall not sell, give, or deliver any alcoholic beverages to any person who is under 21 years of age, or permit same.
   (B)   Except as specifically authorized under KRS Chapter 241 through 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.
   (C)   As provided in KRS 244.085 and 804 KAR 5:070, no person under the age of 21, except in the company of a parent or guardian, may enter any premises licensed for the package sale of alcoholic beverages. 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 division (C)(1) 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 Alcoholic Beverage Control Board in 804 KAR 5:070.
   (D)   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.
   (E)   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.
   (F)   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, or that the minor individuals’ possession of alcoholic beverages was exempted by KRS 244.090.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
§ 115.074 LEGAL TRANSACTIONS.
   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.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
§ 115.075 PRIZES AND PREMIUMS.
   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.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
§ 115.076 DEPRECIATED PRICES.
   (A)   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 (e.g., small farm winery, microbrewery, brewery), or a bona fide close-out sale approved by the State ABC Administrators.
   (B)   Licensees shall not offer reduced drink specials (e.g., two-for-one, happy hours, and the like) before 5:00 p.m., nor after the hour of 9:00 p.m. until closing. No licensee shall sponsor, offer, or permit drinking contests, all-you-can-drink specials, or free drinks on any licensed premises in the city.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
§ 115.077 SELLING TO CERTAIN PERSONS PROHIBITED.
   (A)   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.
   (B)   No retail licensee shall sell, give away, or deliver any alcoholic beverages, or procure or permit any alcoholic beverages to be sold, given away, or delivered to:
      (1)   A person actually or apparently under the influence of alcoholic beverages. No licensee, or agent or employee of the licensee, shall permit any person to become drunk or intoxicated on the premises, nor shall any licensee sell alcoholic beverages to any person who is actually or apparently under the influence of alcoholic beverages;
      (2)   A habitual drunkard, or any person known to the seller or server to be a habitual drunkard, or any person known to the seller or server to have been convicted of drunkenness as many as three times within the most recent 12-month period;
      (3)   Except as provided in division (B)(2) above, anyone known to the seller or server to have been convicted of D.U.I, or any other misdemeanor attributable directly or indirectly to the use of alcoholic beverages, or for a felony;
      (4)   No licensee shall sell, or agree to sell, any alcoholic beverages or cause or permit any alcoholic beverage to be sold, to any person who has been reported to the licensee by any court or by any officer acting at the direction of a court as having failed to make proper provision for his or her family; and
      (5)   No licensee shall permit any person who is actually or apparently under the influence of alcoholic beverages to remain on the licensed premises. As used herein, whether a person is actually or apparently under the influence of alcoholic beverages shall be determined by the licensee or server with specific reference to the principles and guidelines established in mandatory alcohol server training as to the signs of alcohol intoxication.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
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