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Newport, KY Code of Ordinances
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§ 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
§ 111.09 FLOOR PLAN REQUIRED TO BE FILED.
   (A)   For the purpose of providing emergency services when necessary, it shall be required that the licensees of all business establishments within the City which sell, dispense or furnish any alcoholic beverages, by appropriate retail package or retail drink licenses, to submit to and file with the City, a floor plan of the licensed premises which shall clearly indicate all points of entrance and exit. The floor plan shall be drawn on the form to be submitted to each licensee by the City.
   (B)   The licensee shall be required to supplement or update the floor plan, which shall be on file with the City, from time to time and in the event that the licensed premises shall undergo any change in the number of entrances and exits. The addition to or removal from any licensed premises of any entrance or exit shall be clearly indicated on the supplemental or updated floor plan.
   (C)   An entrance or exit shall be construed as a door, opening or passageway that is or can be used as a point of ingress and egress to the licensed premise.
(1995 Code, § 5.08.060) (Am. Ord. O-2013-011, passed 8-19-2013)
§ 111.10 RETAIL PREMISES TO FURNISH CLEAR VIEW.
   (A)   (1)   Any premises for which a distilled spirits, wine, or malt beverage by the drink license has been issued shall be maintained in such a manner and shall provide a clear view of the entire premises from the inside front entrance, whether at street level or otherwise.
      (2)   No partition, box, stall, screen, curtain or other device shall be installed or placed so as to obstruct the view or the general observation of persons.
      (3)   However, partitions, subdivisions or panels that are not higher than 48 inches from the floor shall not be construed as obstructing a view or the general observation of persons from the front inside entrance of the licensed premise.
   (B)   In the event the premises shall have a back room, patio, or additional floors, no alcoholic beverages shall be served therein unless the back room, patio, or additional floors, shall have a clear view from the entrance thereto.
   (C)   The darkening of any portion or area of the licensed premises commonly used by patrons therein, exclusive of restrooms, in any manner as to prevent any person standing at the inside front entrance from observing the conduct of patrons therein shall be prohibited.
(1995 Code, § 5.08.110) (Am. Ord. O-2013-011, passed 8-19-2013) Penalty, see § 111.99
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