(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BONA FIDE RESTAURANT.
Any premises which are kept, used, maintained, advertised, and held out to the general public as premises where meals are prepared and served, for consumption on the premises, on a regular basis and which derives fifty percent (50%) or more of its gross annual income from the sale of food which is prepared, served, and consumed on the premises and which has a minimum seating capacity of fifty (50) people at tables.
BONA FIDA HOTEL. Any hotel, motel or sleeping inn containing not less than fifty (50) sleeping units and having dining facilities for not less than one hundred (100) persons.
LICENSE.
Any premises licensed by the city to sell alcoholic beverages on a wholesale or retail basis.
(B) No holder of a retail malt beverage license shall permit the consumption of alcoholic beverages on the licensed premises unless it is a bona fide restaurant with the exception of micro-breweries licensed under KRS 243.088 and breweries licensed under KRS 243.150.
(C) The City Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until such time as the applicant shall have had its place of business approved by the County Health Department, the City Building Inspector, and State Fire Marshal; subject, however to the exception that in the event that the premises is still under construction or construction has not begun on the premises; the City Administrator may be permitted to approve the applicant’s license application for submittal to the State ABC Office for processing but the final license shall not be issued until the State ABC has approved the premises and the applicant has received all the necessary occupancy licenses. The applicant shall submit to the Administrator a copy of the design plans for the premises in sufficient detail to establish that the premises will meet all regulatory requirements for a premises that serves alcoholic beverages in addition to the applicant’s other business operation to be conducted upon the premises. No license shall be issued to any person, firm, or corporation for the selling at retail or wholesale of alcoholic beverages at any premises or location which is in violation of any of the city’s ordinances and regulations.
(Ord. 0-83-008, passed 5-23-83; Am. Ord. 0-88-003, passed 4-11-88; Am. Ord. 0-2011-010, passed 4-25-11; Am. Ord. 0-2015-004, passed 3-23-15; Am. Ord. O-2018-16, passed 8-27-18)
Penalty, see
§ 111.99