Skip to code content (skip section selection)
Compare to:
Newport Overview
Newport, KY Code of Ordinances
Loading...
§ 111.02 INCORPORATION OF STATUTORY PROVISIONS.
    So much of KRS Chapters 241 through 244 and any regulation of the Kentucky Alcoholic Beverage Control Board as may apply and be pertinent to cities of the Home Rule Class, are incorporated and made a part hereof by reference as if fully set forth herein.
(1995 Code, § 5.08.020) (Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2014-013, passed 8-18-2014; Am. Ord. O-2014-020, passed 11-17-2014)
§ 111.03 HOURS AND DAYS OF OPERATION.
   (A)    Regular days and hours of allowable operation for Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Limited Restaurant, Non-Quota 3 (NQ-3) Retail Drink, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 4 (NQ- 4) Retail Malt Beverage Drink, Special Temporary, Quota Retail Drink, or Quota Retail Package shall be Monday through Saturday from 6:00 a.m. to 1:00 a.m., or until 2:30 a.m. with an Extended Hours License, and on Sunday from 9:00 a.m. until 1:00 a.m. Monday only with a Special Sunday Retail Drink License.
   (B)   For all license types, no holder of an alcoholic beverage license or any agents of the licensee, servants or employees or any other person or persons having control of the premises, shall sell, give away, dispense, deliver, furnish or allow any patron, customer or any other person to have, possess, use or consume on or about the licensed premises any alcoholic beverage; nor shall any patron, customer or other person, other than the licensee, or an actual, bona fide employee of the licensee, actually then employed and actually then at work, be permitted in or upon the licensed premises outside of the operational hours permitted by the license. The prohibited hours being from 1:00 a.m. to 6:00 a.m. Monday through Saturday unless the business holds an Extended Hours and then the prohibited hours shall be from 2:30 a.m. to 6:00 a.m., and before 9:00 a.m. if the business holds a Special Sunday Retail Drink license.
   (C)   Any premises for which there has been issued a license for the sale of distilled spirits, malt beverages or wine, by the City, after normal hours of operation under the particular license held has expired, may remain open only so long as the licensee provides a separate area within the licensed premises which is capable of being locked and closed-off, within which shall be kept all stocks of distilled spirits, malt beverages and wine, and all apparatus connected with his or her business as a licensee and the area shall be kept locked during this period of time.
(1995 Code, § 5.08.030) (Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2019-018, passed 6-17-2019; Am. Ord. O-2019-027, passed 12-16-2019; Am. Ord. O-2020-009, passed 6-16-2020)
§ 111.04 TEMPORARY SUSPENSION OF SALE.
   The Mayor or City Manager shall have the right at any time, to suspend the sale, furnishment or delivery of alcoholic beverages throughout the entire City, or any portion thereof whenever either shall declare a state of emergency to exist. The State Alcoholic Beverage Control Board shall be notified of the action when taken.
(1995 Code, § 5.08.050) (Am. Ord. O-2013-011, passed 8-19-2013)
§ 111.05 REGISTRATION; PHOTOGRAPHING AND FINGERPRINTING OF EMPLOYEES.
   (A)   Every person, including any working proprietor, employed as a bartender or a server (excepting those whose primary function is the service of food), working in any establishment or place of business, except as hereinafter provided, where distilled spirits, wine, or malt beverages are sold or dispensed by the drink as defined in both the Kentucky Revised Statutes and/or the City ordinances, shall register in a book of registration to be kept by the Newport Police Department, and is required to be registered, fingerprinted, photographed, and have a criminal background check completed by the Police Department of the City prior to the date of commencing his or her employment with the establishment or place of business. No person shall fail to register or be fingerprinted, photographed, and have a criminal background check completed prior to commencing the employment. The requirements hereof shall also apply to any person working as security personnel at the establishment whether as an employee or by contract.
   (B)   No employer, whether a person, firm or corporation, shall allow any person to be employed as a bartender or server unless the employee shall have registered and shall have been fingerprinted, photographed, and have a criminal background check completed within the time period and as prescribed in division (A) above.
   (C)   The employer shall be required to keep and maintain on premise for review the identification cards issued by the Newport Police Department in their possession during their hours of employment. The identification card shall contain the registrant’s picture, name, age, hair color, eye color, weight and place of employment.
   The establishment at which the applicant is to be employed shall be indicated on the registered identification card to be issued and shall only be valid for the establishment named thereon. Any subsequent change in employment to a different establishment during the term of validity shall require the registered identification card holder to submit a renewal application and reissuance of the identification card under the provisions of division (D)(2) herein.
   (D)   (1)   The City shall require a payment of $45 for each person registered, which charge shall be applied to cover the cost involved in the registration, fingerprinting, photographing and completion of a criminal background check, including the cost of the identification card furnished to the registrants.
      (2)   The City shall require a payment of $10 for the reissuance of any identification card which may be lost, stolen or misplaced or is required to be renewed due to change in employment location during the registration period.
   (E)   The employer shall be required to provide a list of all employees working in any capacity at the establishment which shall be updated and provided to the Police Department and Finance Department on a quarterly basis along with their payroll tax return.
   (F)   Any employee, volunteer help or working proprietors at a festival or similar event which lasts less than 5 days, for which a Special Temporary liquor license has been secured, shall not be required to register under this section.
   (G)   The employees, volunteer help or working proprietors of a holder of a Non-Quota 3 (NQ3) Retail Drink license shall be exempt from registration under this section if and only if the use of the Non-Quota 3 (NQ3) Retail Drink license is an accessory use to a principal permitted use.
   (H)   Any establishment having a distilled spirits, wine, or malt beverage by the drink license that employs a contract cleaning service or other maintenance service to work in their establishment after closing hours shall require those persons so employed by the contractor to wear an identification card while working in that portion of the establishment that is directly involved in the sale of distilled spirits, wine, or malt beverage by the drink.
   (I)   (1)   All registered identification cards issued hereunder shall be valid for a period of 2 years from the date of issuance and shall thereafter be subject to renewal for an additional 2-year period or shall be considered as void.
      (2)   Any person holding a currently registered identification card shall be required to renew the same at the expiration thereof, being every 2 years, and pay a fee of $35 to cover the administrative cost and background check, otherwise it shall be considered as void and the applicant subject to registration renewal.
      (3)   Every identification card registration renewal application shall be subject to payment of the requisite fee as set forth in subsection (D)(1) hereof.
(1995 Code, § 5.08.070) (Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2017-016, passed 12-11-2017; Am. Ord. O-2021-017, passed 10-18-2021) Penalty, see § 111.99
§ 111.06 REMOVAL OF ALCOHOLIC BEVERAGES FROM LICENSED PREMISES.
   (A)    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BUSINESS ESTABLISHMENT. A business within the City where distilled spirits, wine, and/or beverages are sold for consumption on the licensed premises pursuant to Quota Retail Drink, Quota Retail Package, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Non-Quota 3 (NQ-3) Retail Drink, or Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license that has been issued by the City.
      LICENSE. Quota Retail Drink, Quota Retail Package, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Non-Quota 3 (NQ-3) Retail Drink, or Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license issued by the City.
      LICENSED PREMISES. The land, including adjacent owned or leased parking lots, and building in and upon which any business establishment regulated by alcoholic beverage statutes is carried on.
      LICENSEE. Any person to whom a Quota Retail Drink, Quota Retail Package, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Non- Quota 3 (NQ-3) Retail Drink, or Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license has been issued by the City, including the officers and agents of the licensee.
      PERSON. A human being, and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government authority.
   (B)   Any person or licensee which owns, operates or controls any business establishment which serves or provides any type of alcoholic beverage shall prohibit the removal of any such alcoholic beverage from inside the licensed premise to the outside of the licensed premise if the alcoholic beverage is in any opened container.
   (C)   There is exempted from this section any person or licensee holding any license herein which has an outside public facility adjacent and connected to the licensed premises (such as a “beer garden” or “patio”) and which is used primarily during certain seasons of the year, for consumption of alcoholic beverages by its patrons in such an outdoor setting. For the purpose of this section, the same shall be considered as a part of the licensed premises as though it were located indoors.
   (D)   There is exempted from this section any person or licensee which holds a Special Temporary license, which license permits the operation of an outdoor festival.
   (E)   Any person or licensee which owns, operates or controls any business establishment where alcoholic beverages are served or provided shall prohibit the drinking of the alcoholic beverages on any parking lot which is adjacent, adjoining, connected with or used by the patrons of the business establishment which is under the direct control of the licensee.
   (F)   No person shall drink any alcoholic beverage on any parking lot which is made available for use by the patrons of a licensed premises, which is under the direct control of a licensee or which is part of a licensed premises.
   (G)   No licensee with a Quota Retail Package or a combination of Quota Retail Package and Quota Retail Drink license shall sell, give away or otherwise serve its patrons any alcoholic beverage in any disposable type cup or disposable drinking container or sell, give away or otherwise serve its patrons ice in any disposable type cup or disposable drinking container.
(1995 Code, § 5.08.080) (Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2020-009, passed 6-16-2020) Penalty, see § 111.99
§ 111.07 FOREIGN STATE OFFICERS RESTRICTION.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      FOREIGN STATE AGENT or FOREIGN STATE OFFICER. Any person compensated directly or indirectly by a state other than the Commonwealth of Kentucky.
   (B)   No foreign state agent or foreign state officer shall be able to come into the City to enforce that state’s laws relating to alcoholic beverages, including any law levying a tax on alcoholic beverages, or to conduct any investigation or surveillance activities done in the City relating to a possible violation of the foreign state’s law relating to the importation of alcoholic beverages.
(1995 Code, § 5.08.090) (Am. Ord. O-2013-011, passed 8-19-2013) Penalty, see § 111.99
§ 111.08 CONSUMPTION OF ALCOHOLIC BEVERAGES BY EMPLOYEES.
   It is unlawful for any employee or independent contractor of an establishment with a distilled spirits, wine, or malt beverages by the drink license to solicit patrons of the establishment to purchase any beverage for consumption by any employee or independent contractor of the establishment with the distilled spirits, wine, or malt beverages by the drink license. The following are exceptions: employees of distillers, rectifiers, and wineries; employees of a licensed brewer; and employees of a microbrewery may sample the products produced by that manufacturer for purposes of education, quality control, and product development.
(1995 Code, § 5.08.100) (Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2017-014, passed 8- 21-2017) Penalty, see § 111.99
Loading...