CHAPTER 62:  ALCOHOLIC BEVERAGES
Section
ARTICLE I.   GENERAL PROVISIONS
   62.001   Definitions
   62.002   State alcoholic beverage laws adopted
   62.003   City alcoholic beverage control administrator; deputies
   62.004   Compliance with alcoholic beverage control laws mandatory
   62.005   Books; records
   62.006   Business hours
ARTICLE II.   LICENSES
   62.100   Required
   62.101   Application
   62.102   Termination
   62.103   Examination of applicants
   62.104   Fees
   62.105   Restrictions
   62.106   Procedures; applicability
ARTICLE I.  GENERAL PROVISIONS
§ 62.001  DEFINITIONS
   (A)   The words and phrases used in this chapter shall have the same meaning as defined in KRS Chapters 241, 243, and 244.
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
   “HOTEL (includes “MOTEL”).  Every building or other structure, kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
   “PRIVATE CLUB.”  A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors which conforms to the definition of a club, as provided by state law.
   “RESTAURANT.”  Any public place kept, used, maintained, advertised, and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests.
(1976 Code, § 3-15)
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Cross reference:
   Definitions, see § 10.002
   Rules of construction, see  10.003
§ 62.002  STATE ALCOHOLIC BEVERAGE LAWS ADOPTED
   The provisions of the Alcoholic Beverage Control Law of the state, including KRS Chapters 241, 243, and 244, and the regulations of the State Alcoholic Beverage Control Board, as the same may from time to time be amended, are hereby adopted as part of the alcoholic beverage control law of the city, except as otherwise lawfully provided in this chapter.
(1986 Code, § 3-2)
§ 62.003  CITY ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR; DEPUTIES
   (A)   The City Manager shall be assigned all the duties and functions as prescribed by KRS Chapter 241. The City Manager shall have all the duties and functions for alcoholic beverage control administrator as required by Kentucky law and this chapter.
   (B)   There are hereby authorized seven (7) Deputy City ABC Administrators for Enforcement, who shall be ABC qualified city Police Officers, appointed by municipal order with the approval of the City Manager. The duties of such deputies shall be as determined by the City Manager, and are in addition to Police Officer duties of the city, but shall primarily consist of enforcement of state and city laws, ordinances, and regulations in the area of alcoholic beverage control.
(1986 Code, § 3-3) (Am. Ord. 2003-9, passed 6-10-03; Am. Ord. 2013-14, passed 12-10-13; Am. Ord. 2014-6, passed 6-10-14)
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Cross reference:
   Officers, generally, see § 21.002, et seq.
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Statutory reference:
   City alcoholic beverage control administrator, see KRS 241.160, et seq.
§ 62.004  COMPLIANCE WITH ALCOHOLIC BEVERAGE CONTROL LAWS MANDATORY
   No person shall sell, deal in, barter or exchange, or possess for sale, or for the purpose of evading any law or ordinance, give away any alcoholic beverage in any quantity whatever, or cause the same to be done, without complying with all of the provisions of this chapter and all statutes and regulations of the state applicable thereto.
(1986 Code, § 3-4)
§ 62.005  BOOKS; RECORDS
   Every licensee under this chapter shall keep and maintain adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the reasonable rules and regulations of the State Alcoholic Beverage Control Board.  The books and records shall be available at all reasonable times for inspection by the City Manager.
(1986 Code, § 3-5)  (Am. Ord. 2013-14, passed 12-10-13)
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Cross reference:
   Examination of applicants, see § 62.103
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Statutory reference:
   Licensee to keep records, see KRS 244.150
§ 62.006  BUSINESS HOURS
   (A)   Licensees operating pursuant to this chapter may sell alcoholic beverages during the following times:
      (1)   Licensees holding a license for the sale of nonquota retail malt beverage and quota retail package license for distilled spirits and wine shall be permitted to sell authorized alcoholic beverages between the hours of 6:00 a.m. and 1:00 a.m. the next morning on Monday through Saturday and from 1:00 p.m. until 10:00 p.m. on Sunday.
      (2)   Licensees holding all other licenses for the sale of alcoholic beverages authorized by the Commonwealth of Kentucky and the City of Paris shall be permitted to sell authorized alcoholic beverages between the hours of 6:00 a.m. and 1:00 a.m. the next morning on Monday through Saturday and from 11:00 a.m. to 10:00 p.m. on Sunday.
      (3)   All licensees may sell and dispense distilled spirits, wine and/or malt beverages on New Year's Eve until 1:00 a.m. on January 1, regardless of the day of the week on which New Year's Eve occurs.
   (B)   The business hours established in this section shall be deemed to be conditions of the licenses granted by the city for the sale, at retail, of alcoholic beverages and any violation of this section shall be grounds of revocation of the license held by the store or establishment guilty of such violation.
   (C)   In order to sell alcoholic beverages on Sunday, licensees shall purchase a Special Sunday retail drink license for the annual fee of three hundred dollars ($300.00) and may sell alcoholic beverages on Sunday contingent upon following all the requirements of this chapter and any applicable Kentucky or federal law governing the sale of alcoholic beverages.
   (D)   No premises for which there has been granted a license for the sale of alcoholic beverages shall be permitted to remain open for any purpose during the hours in which the sale of alcoholic beverages is prohibited unless the licensee provides a separate locked department in which all stocks of alcoholic beverages are kept during those times.
(Ord. 28-83, § 1, passed 12-20-83; Am. Ord. 2014-3, passed 4-22-14; Am. Ord. 2014-11, passed 6-24-14; Am. Ord. 2017-3, passed 6-13-17; Am. Ord. 2017-15, passed 11-28-17)
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Statutory reference:
   Closed times for retail premises, see KRS 244.290
   Time when delivery and sale of malt beverages are prohibited, see KRS 244.480
ARTICLE II.  LICENSES*
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*Cross reference:
   Occupational license fees, see Ch. 60
   Zoning code, see Ch. 80
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Statutory reference:
   Licenses to traffic in alcoholic beverages, see KRS 243.020, et seq
   City licenses, see KRS 243.070
   Issuance of city licenses, see KRS 243.610
§ 62.100  LICENSE REQUIRED
   It shall be unlawful to sell or offer for sale, at retail, in the city any alcoholic beverage without having procured a license, or,  in violation of the terms of the license.
(Ord. 22-83, § I(a), passed 10-4-83)
§ 62.101  APPLICATION
   Applications for licenses shall be made to the City Manager, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall contain the following statements and information:
   (A)   The name, age, and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors and, if a majority interest of the stock of the corporation is owned by one (1) person or his nominee, the name and address of the person;
   (B)   The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization;
   (C)   The character of business of the applicant, and in the case of a corporation, the objects for which it was formed;
   (D)   The length of time the applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued;
   (E)   The amount of goods, wares, and merchandise on hand at the time application is made;
   (F)   The location, description, and diagram of the premises or place of business which is to be operated under the license, specifying the sections of the premises where alcoholic beverages are to be sold or consumed;
   (G)   A statement whether the applicant has made application for a similar or other license on premises other than described in this application, and the disposition of the application;
   (H)   Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor; and
   (I)   A statement that the applicant will not violate any of the laws of the state, or of the United States, or any code provisions or ordinance of the city in the conduct of his place of business.
(Ord. 22-83, § I(b), passed 10-4-83; Am. Ord. 2013-14, passed 12-10-13)
§ 62.102  TERMINATION
   Each license issued under this article shall terminate on June 30 following the issuance thereof.
(Ord. 22-83, § I(d), passed 10-4-83)
§ 62.103  EXAMINATION OF APPLICANTS
   The City Manager shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for renewal thereof, or any licensee upon whom notice of revocation or suspension has been served as provided by statute, and to examine, or cause to be examined ,the books and records of any such applicant or licensee; to hear testimony and take proof of his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this state.  For the purpose of obtaining any of the information desired by the Board of Commissioners under this section, he may authorize his agent to act on his behalf, as provided by statute.
(1976 Code,  § 3-17(a))  (Am. Ord. 2013-14, passed 12-10-13)
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Cross reference:
   Books; records, see § 62.005
§ 62.104  FEES
   (A)   No license under the provisions of this article shall be issued by the city until there has been paid a license fee provided for in this section.
   (B)   The kinds and types of alcoholic beverage licenses which may be issued by the Commonwealth of Kentucky Office of Alcoholic Beverage Control under the provisions of KRS Chapter 243, as amended from time to time and in effect at application, unless by their specific terms are not issuable in a city of the third class, may be issued by the city.
   (C)   The fee to be payable to the city for the issuance of each such license shall be in the same amount as the maximum allowable fee as set forth in KRS 243.070.
(1976 Code, § 3-17) (Am. Ord. 2001-5, passed 3-13-01; Am. Ord. 2008-1, passed 2-26-08; Am. Ord. 2011-3, passed 6-14-11)
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Statutory reference:
   Persons who may not be licensed, see KRS 243.100
   Causes for refusal of license, see KRS 243.450
   Issuance of city licenses, see KRS 243.610
§ 62.105  RESTRICTIONS
   In no event shall a license be issued for any restaurant or any dining facility in a hotel, motel, or inn, unless the applicant can demonstrate to the administrator that gross receipts of the restaurant or the dining facility from the sale of food for consumption on the premises is reasonably estimated to be not less than fifty percent (50%) of the total gross receipts of the restaurant or dining facility for the license period.
(1986 Code, § 3-26)
§ 62.106  PROCEDURES; APPLICABILITY
   (A)   Insurance certificate.  No license shall be issued under this article unless the applicant shall file with the application a certificate by an insurance company authorized to do business in the state, certifying that the applicant has, in force and effect, the insurance required by statute.
   (B)   Payment of fees; refunds.  All such fees shall be paid to the City Clerk/Treasurer, at the time application is made.  In the event the license applied for is denied, the fee shall be refunded.  The refunds shall be made whether the payments were voluntary or involuntary or were made under protest or not.
   (C)   Record.  The City Clerk/Treasurer shall keep a complete record of all such licenses issued and shall furnish the Chief of Police with a copy thereof; upon revocation or suspension of any license, the City Clerk/Treasurer shall immediately give written notice to the Chief of Police.
   (D)   Not subject to garnishment, etc., cessation upon death of licensee; bankruptcy.  A license shall be a purely personal privilege, good for not to exceed one (1) year after issuance unless sooner revoked as provided in this article, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated.  The license shall cease upon the death of the licensee and shall not descend by the laws of the estate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic beverages may continue the business of the sale or manufacture of alcoholic beverages under the order of the appropriate court, and may exercise the privilege of the deceased or insolvent or bankrupt licensee after the death of the decedent, or such insolvency or bankruptcy, until the expiration of the license, but not longer than six (6) months after the death, bankruptcy, or insolvency of the licensee.  A refund shall be made of that portion of the licensee fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this section.
   (E)   Change of location.  A license issued pursuant to this article shall permit the sale of alcoholic beverages only in the premises described in the application and license.  The location may be changed only when the written permit to make the change shall be issued by the City Manager.  No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter.
   (F)   Applicant subject to other regulations.  Any applicant or any licensee pursuant to this article shall be subject to all code provisions and ordinances of the city, including, but not limited to, the applicable provisions of the building code, fire prevention code, health regulations, zoning ordinances, food handling ordinances, and restaurant ordinances.
   (G)   Investigations.  The City Manager shall cause the Chief of Police, the building official, and fire chief to make due investigation of the application and premises to be licensed and upon being notified by them in writing that all of the applicable code provisions and ordinances of the city have been complied with, shall cause the license to be issued.
   (H)   Renewal.  Any licensee may renew his license at the expiration thereof, provided that he is then qualified to receive a license and the premises for which the renewal license is sought are suitable for the purpose; provided, further, that the renewal privilege herein provided for shall not be construed as a vested right.
(1976 Code, § 3-18)  (Am. Ord. 2013-14, passed 12-10-13)
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Cross reference:
   Building code regulations, see Ch. 70
   Fire prevention code, see Ch. 73
   Zoning code, see Ch. 80
Statutory references:
   Transfer of license, see KRS 243.630, et seq.
   Continuation in business by representative of defunct licensee, see KRS 243.640