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(A) No person licensed to sell alcoholic beverages at retail shall cause, suffer, or permit the licensed premises to be disorderly.
(B) Acts which constitute disorderly premises consist of, but are not limited to, permitting patrons to cause public inconvenience, annoyance, or alarm, or wantonly creating risk through:
(1) Engaging in fighting or in violent, tumultuous, or threatening behavior;
(2) Making unreasonable noise;
(3) Refusing to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency;
(4) Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose;
(5) Creating a public nuisance;
(6) Engaging in criminal activity that would constitute a capital offense, felony, or misdemeanor;
(7) Failing to maintain the minimum health, fire, safety, or sanitary standards established by the state or a local government, or by state administrative regulations; or
(8) Conducting promotional efforts that are not customary or usually for a restaurant operation (e.g., wet t-shirt contests, and the like).
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
(A) Definitions. For the purpose of this section, in addition to the definitions contained in KRS Chapters 241 through 244, the following definitions shall apply unless the context clearly indicates or required a different meaning.
HABITUAL. Consistent, that is, by frequent practice or use, but not necessarily constant or exclusive.
PACKAGE LIQUOR STORE. A retail establishment selling distilled spirits, wine, and malt beverages in package containers pursuant to licenses issued for those purposes.
PUBLIC NUISANCE. Any activity that endangers or interferes with the general use and enjoyment of neighboring property, passersby or the health, safety, and welfare of the public.
VACANT PROPERTY. A vacant lot on which no building or other structure exists, or property on which any structure is unoccupied or unused, or which otherwise reflects abandonment by the owner or person with the right of occupancy.
(B) Consumption at package store.
(1) No licensee of a package store, whether trafficking in distilled spirits, wine, or malt beverages, shall permit consumption of alcoholic beverages on the premises unless it also holds the appropriate drink license.
(2) The licensee shall post a prominent notice on the premises stating that consumption of alcoholic beverages on premises is prohibited.
(3) This restriction regarding on-premises consumption shall not prohibit sampling, as allowed for microbreweries and wineries under the provisions of KRS Chapter 243, or where sampling is permitted for a retail distilled spirits and wine licensee under the provisions of KRS 244.050, or beer tastings as permitted in 804 KAR 1:070.
(C) Licensed premises. No person or entity operating a package liquor store, whether trafficking in distilled spirits, wine, or malt beverages, including retail package beer licensees, shall knowingly allow or permit habitual congregating of persons on the unenclosed portion of the licensed premises so as to constitute a public nuisance.
(D) Vacant property. No person or entity being the owner or otherwise in possession or control of any vacant property shall knowingly allow or permit habitual congregating of persons on the unenclosed portion of such property so as to constitute a public nuisance.
(E) Signage. It shall be a defense to any prosecution under Article VIII, if a licensed vendor or property owner shall permit the city of post and maintain a legible painted or printed sign in at least two separate prominent places in such area, in letters of not less than three inches in height, stating that congregating of persons in prohibited and that violators shall be prosecuted for trespass pursuant to KRS 511.080.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
(A) City police officers and the City ABC Administrator, and his or her investigator(s), are hereby authorized to enforce this chapter in full.
(B) Violation of this chapter shall subject the licensee to penalties provided in this chapter, and shall be cause for revocation or suspension of city licenses.
(C) In addition to any criminal prosecution instituted in the county’s 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/Treasurer for deposit in the appropriate designated account.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
(A) (1) 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 county court system, as follows: for the first offense, be subject to a fine of not less than one $100, nor more than $500; or imprisoned for not more than six months; or both.
(2) The penalties provided for in division (A)(1) above 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.
(B) (1) Failure to pay any license fee described in § 115.021(B) within ten days after it becomes due shall result in a penalty equal to 10% of the license fee.
(2) Penalty for failure to file a return and pay remittance, as described in § 115.021(D), by the due date is 5% of the regulatory fee for each 90 days, or fraction thereof. The total late filing penalty shall not exceed 25% of the regulatory fee; provided, however, that in no case shall the penalty be less than $10.
(Ord. 05-2019, passed 12-30-2019)