(A) No licensee shall advertise any malt beverage by trade name, trade-mark or in any other manner within one hundred (100) feet of the property line of any school or church. The distance shall be by straight line.
(B) No gambling or game of chance unless otherwise authorized by the Commonwealth of Kentucky shall be permitted in any form on licensed premises. Dice, slot machines, or any device of chance is prohibited and shall not be kept on licensed premises.
(C) It shall be unlawful for any licensee under this chapter to have or maintain any radio receiving apparatus on such premises which is intentionally adjusted so as to receive police messages broadcast from any law enforcement agency in Bath County as it is now or may hereafter be operated. In addition to other penalties provided for any violation of this section, the Chief of Police, the Administrator or his or her designated investigator, shall have the authority to confiscate any and all such radio receiving apparatus.
(D) The licensee shall be responsible for maintaining security on his or her premises including providing adequate outside lighting to permit customers to utilize the parking area and to promote the safety, health and welfare of the general public utilizing the licensed premise. Security standards are further necessary to discourage unlawful activity in and around the licensed premises.
(E) It shall be unlawful for any licensee under this chapter who sells alcoholic beverages of any kind 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 alcoholic beverages nor shall any licensee give away any alcoholic beverage in any quantity for less than full monetary consideration.
(F) No licensee or agent or employee of the licensee shall permit any person to become drunk or intoxicated on the licensed premises, nor shall any licensee sell alcoholic beverages to any person who is actually or apparently under the influence of alcoholic beverages, or known to the seller or server to be an habitual drunkard or any person known to the seller or server to have been convicted of drunkenness as many as three (3) times within the most recent twelve (12) month period. 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.
(G) The licensee not sell or dispense alcoholic beverages to any person who is under twenty-one (21) years of age. The licensee shall check all identification to ascertain that every person attempting to purchase or consume alcoholic beverages is at least twenty-one (21) years of age.
(H) The licensee shall display at all times in a prominent place a sign at least 8" x 11" in 30 point or larger type which states as follows:
“Persons under the age of twenty-one (21) are subject to a fine of up to One Hundred Dollars ($100.00) if they:
1. Enter licensed premises to buy, or have served to them, alcoholic beverages.
2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.”
(I) The licensee, before commencing any business for which a license has been issued, shall post and display at all times 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. The licensee shall not at any time post the license on premises other than the licensed 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.
(J) The licensee shall post in a prominent place easily seen by patrons a printed sign at least eleven (11) inches by fourteen (14) inches in size, with letters at least one (1) inch high, supplied by the Alcoholic Beverage Control Commission, and with gender-neutral language supplied by the Cabinet for Health Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects. A person who violates this division shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
(K) No wholesaler or distributor shall sell any alcoholic beverages to any person in the city for any consideration except under the usual credit or cash terms of the wholesaler or distributor at or before the time of delivery. Nor shall any retail licensee sell to a purchaser for any consideration except for cash at time of purchase.
(L) No licensee shall knowingly employ in connection with his or her business any person who:
(1) Has been convicted of any felony within the last two (2) years; or
(2) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable to the use of intoxicating liquors within the last two (2) years; or
(3) Is under the age of twenty (20) years who will be serving alcoholic beverages or who will be having any contact whatsoever with the sale of alcohol as defined under state statute; or
(4) Within two (2) years prior to the date of his or her employment, has had any city license under this chapter revoked for cause.
(M) Licensees shall not offer reduced drink specials (e.g., two-for-one, happy hours) after the hour of 11:00 p.m. until closing or within one-hour of closing. Violation of this section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation of license.
(N) All retail beer and retail drink licenses shall be required to provide indoor or outdoor lavatory facilities for their customers where such beverages are consumed on the premises. Violation of this section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation of license.
(O) No licensee shall offer or permit nudity, adult entertainment activities, including nude or nearly nude dancing, adult motion picture, television, slide or stage shows, cabarets or sexual entertainment centers on any licensed premises. No licensee shall permit explicit sexual activity, whether actual or simulated, upon any licensed premises. No licensee shall sponsor or permit wet t-shirt or wet clothing contests, lingerie fashion shows, mud wrestling, jello wrestling or similar activities, nor shall any licensee allow dancing with touching for compensation (including but not limited to wages, tips or gratuities), or any other service, display or contest requiring physical contact between patrons and/or patrons and employees on any licensed premises. No licensee shall sponsor, offer or permit drinking contests, all-you-can-drink specials or free drinks on any licensed premise in the city. Violation of this section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation of license.
(P) No license be issued for any premises to operate a vehicle "drive-through" outlet for the sale of alcoholic beverages, nor shall any person or licensee operate or permit such a vehicle drive-through outlet. This prohibition shall not apply to a drive-up window at any premises licensed for retail package liquor, wine or malt beverage, including retail beer, where the primary sales area is arranged for and utilized by persons entering the premises on foot and manually carrying out the products purchased therein. Violation of this section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation of license.
(Q) (1) No licensee, or the agent, servant, or employee of any licensee shall cause, suffer, or permit the licensed premises to be disorderly as prohibited by KRS 243.120. For purposes of this section, acts which constitute disorderly premises consist of causing, suffering, or permitting patrons, the licensee, or the licensee's servants, agents, or employees to cause public inconvenience, annoyance, or alarm, or create a risk through:
(a) Engaging in fighting or in violent, tumultuous, or threatening behavior;
(b) Making unreasonable noise;
(c) Refusing to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency;
(d) Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose;
(e) Creating a public nuisance;
(f) Engaging in criminal activity that would constitute a capital offense, felony, or misdemeanor; or
(g) Failing to maintain the minimum health, fire, safety, or sanitary standards established by the state or a local government, or by state administrative regulations, for the licensed premises.
(2) Violation of this section shall subject the licensee to penalties provided in this chapter and shall be cause for revocation of license.
(Ord. 6-2020, passed 12-14-20)