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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
(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
(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
LICENSEE PROPERTY REQUIREMENTS AND RESTRICTIONS
(A) (1) Per state law, the licensee shall display, at all times in a prominent place, a sign at least eight inches by 11 inches in 30-point or larger type font which states as follows:
(2) Any person(s) under the age of 21 are subject to a fine of up to $100 if they:
(a) Enter licensed premises to buy, or have served to him or her, alcoholic beverages;
(b) Possess, purchase, or attempt to purchase, or get another to purchase, alcoholic beverages; and/or
(c) Misrepresent his or her age for the purpose of purchasing or obtaining alcoholic beverages.
(B) The licensee shall post in a prominent place easily seen by patrons a printed sign at least 11 inches by 14 inches in size, with letters at least one inch high, supplied by the Alcoholic Beverage Control Commission, and 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
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