All licenses granted hereunder shall be subject to the conditions of this chapter and the Kentucky Revised Statutes.
(A) License form. All city licenses issued under this chapter shall be printed so as to be readily distinguished from other licenses and in such form as may be prescribed by the Board of City Council and shall contain the following:
(1) Name and address of the licensee;
(2) Number of the license;
(3) Type of license;
(4) A description by street and number, or otherwise, of the licensed premises;
(5) The name and address of the owner of the building in which the licensed premises are located;
(6) The expiration of the license; and
(7) A statement in substance that the license shall not be a property or vested right and that it may be revoked at any time pursuant to law.
(B) Posting of licenses.
(1) Before commencing or doing any business for the time for which a license has been issued, all licenses issued under this chapter shall be posted and at all times displayed 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.
(2) No licensee shall post the license or permit to be posted, upon premises other than the licenses 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) All alcoholic beverage retailers shall have printed on the front window of the licensed premises the name of the licensee together with the inscription: “Kentucky Retail Package Liquor Licenses No.....” in uniform letters not less than three (3) inches in height.
(D) Required warning displays.
(1) All licensed retail vendors of alcoholic beverages shall post in a prominent place easily seen by patrons a printed sign at lease eleven (11) inches by fourteen (14) inches in size, with letters at least one (1) inch high, supplied by the Department of Alcoholic Beverage Control, and with gender-neutral language supplied by the Cabinet for Health and Family Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
(2) Every retail licensee shall display at all times in a prominent place a printed card at least eight (8) inches by eleven (11) inches in size which shall show, in thirty (30) point or larger type, substantially as follows:
“Persons under the age of twenty-one (21) are subject to a fine up to one hundred dollars ($100.00) if they:
(a) Enter licenses premises to buy, or have served to them, alcoholic beverages.
(b) Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
(c) Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.”
(E) Accounting requirements. Every licensee under this chapter shall keep and maintain adequate books and records of all transactions involved in the sale of alcoholic beverages and food in the same manner required by the reasonable rules and regulations of the State Alcoholic Beverage Control Board, or such rules and regulations as may be from time to time promulgated by the Local Administrator. Such books and records shall be kept on the premises or made available at all reasonable times for inspection by the Local Administrator or his representative.
(F) Taxes. No license to sell alcoholic beverages shall be granted to any person, firm, or corporation which is delinquent in payment of any taxes due to the city at the time of issuing the license; nor shall any license be granted to sell upon any premises or property, owned and occupied by the licensee, upon which there are any delinquent taxes or delinquent fines due to the city. In such cases, if taxes due the city for any taxing period prior to the date of application for a license are unpaid and delinquent upon the property or premises upon which a license to sell is sought, the Local Administrator, may, in his discretion, approve a license to sell after receiving written proof that arrangements have been made for payment of the indebtedness represented by the unpaid and delinquent taxes. This section shall apply only to taxes which are due and payable by the licensee or associated with the premises or property upon which a license to sell is issued.
(G) Transferability of license. No license issued by the city to sell alcoholic beverages at retail shall be transferable or assignable to any other person or any other premises, or to any other part of the building containing the licensed premises, unless the transferee or assignee has submitted application to the Local Administrator and same has been approved. However, if a corporation or partnership holding a license to sell alcoholic beverages at retail is dissolved, or if a receiver, assignee for the benefit of creditors, or a committee for the property of a licensee is appointed during the time for which a license is granted, or if a licensee dies during the time and a personal representative is appointed for his or her estate or the licensee is adjudge incompetent by a court of proper jurisdiction and a guardian or conservator is appointed for the licensee, then, after making written application to the Local Administrator and State Alcoholic Beverage Control Board, setting forth the circumstances by which he or she has succeeded to the rights of the original licensee, the corporation partnership, receiver, assignee, personal representative, guardian or conservator may continue the business with the approval of the Local Administrator upon the licensed premises for the balance of the terms for which the license was effective with the same right subject to same restrictions and liabilities as the original licensee. Provided further that in the event of destruction by an act of God or unavoidable accident of the premises for which a licensee has been issued, the Local Administrator may change the license to authorize continuance of business at other premises upon written application by the licensee for such a transfer, setting out the circumstances by virtue of which he or she desires such a transfer to be made.
(H) Licensee to receive copy of ordinance. The Local Administrator shall furnish to licensee a copy of this chapter at the time the license is issued with signed receipt from licensee. Any changes or amendments to same shall be forwarded to licensee at address on the license. Failure to receive or review such changes or amendments or review the chapter shall not be an excuse or justification for any violation or prevent, remit or decrease any penalty for a violation.
(I) Inspections. The City Alcoholic Beverage Control Administrator, his or her investigators, and the City of Morehead Law Enforcement Officers may inspect any premises where alcoholic or malt beverages are manufactured, sold, stored or otherwise trafficked, without first obtaining a search warrant. The City Alcoholic Beverage Control Administrator and his or her investigators shall have full police power while performing any such inspections, including the removal from the premises of all things and articles in violation of the City of Morehead Code of Ordinances or state laws. Violations shall be grounds for suspension or revocation of the license and the Department of Alcoholic Beverage Control will be notified.
(J) Removal of partially consumed bottle of wine from restaurants licensed by the Commonwealth and the city.
(1) A restaurant licensed under this chapter and KRS 243.030 may permit a patron of the restaurant to remove one (1) opened container of wine from the restaurant’s premises for consumption off the premises if the patron has purchased and partially consumed the bottle of wine with a meal on the restaurant’s premises.
(2) A partially consumed bottle of wine that is removed from the premises shall be securely resealed by the restaurant licensee or its employee before the bottle is removed from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in a manner that makes it visibly apparent if the container has been subsequently opened or tampered with, and the licensee shall provide a dated receipt for the wine to the patron.
(Ord. 5:2000, passed 5-8-00; Am. Ord. 12:2006, passed 6-12-06; Am. Ord. 28:2009, passed 11-9-09; Am. Ord. 18:2012, passed 7-9-12; Am. Ord. 28:2013, passed 11-11-13)