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(A) There is imposed a regulatory license fee upon the gross receipts from sale of alcoholic beverages of each establishment within the city licensed to sell alcoholic beverages, by package or by drink, in the sum of three percent (3%) of the gross receipts of such establishments. The regulatory license fee is assessed at three percent (3%), based upon the city’s estimate and approved budget as to the cost of reimbursing the city for additional policing and regulatory or administrative expenses related to the sale of alcoholic beverages in the city. The regulatory license fee shall be in addition to any other taxes, fees, or licenses lawfully imposed upon such establishment.
(B) A credit shall be allowed to each establishment against the regulatory license fee equal to the annual license fees imposed in § 111.15.
(C) The regulatory license fee described in division (A) of this section shall be collected by the Administrator according to the existing framework of the occupational tax and license fee regulations of the city. Such regulatory license fee shall be payable and collectable quarterly.
(Ord. 0-83-007, passed 4-25-83; Am. Ord. 83-0-14, passed 7-25-83; Am. Ord. 0-2011-010, passed 4-25-11; Am. Ord. 0-2013-023, passed 8-12-13)
Cross-reference:
Statutory reference:
Authorization for regulatory license fee, see KRS 243.075
SALE OF ALCOHOLIC BEVERAGES
(A) (1) Except as otherwise provided herein or by state law, it shall be unlawful to sell or offer for sale, at retail, or to give away, in or upon any licensee’s premises, any alcoholic beverage between the following hours:
Day | Prohibited Hours of Sale
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Day | Prohibited Hours of Sale
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Monday | 12:00 a.m. and 8:00 a.m.
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Tuesday | 1:00 a.m. and 8:00 a.m.
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Wednesday | 1:00 a.m. and 8:00 a.m.
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Thursday | 1:00 a.m. and 8:00 a.m.
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Friday | 1:00 a.m. and 8:00 a.m.
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Saturday | 2:00 a.m. and 8:00 a.m.
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Sunday | 2:00 a.m. and 1:00 p.m.
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(2) In the event that January 1 falls on Monday through Thursday, it shall not be unlawful to sell or offer for sale, at retail or to give away, in or upon any licensee’s premises, any alcoholic beverage between 1:00 a.m. and 2:00 a.m.
(3) Sampling events pursuant to KRS 243.0307 are limited to a period of time not to exceed four consecutive hours between 12:00 noon and 8:00 p.m.
(B) It shall be unlawful to keep open for business or to admit the public to, or permit the public to remain within, or to permit the consumption of alcoholic beverages in or upon any premises in which alcoholic beverages are sold at retail during the hours within which the sale of such alcoholic beverages is prohibited; provided, that in case of bona fide restaurants, such establishments may be kept open for business during such hours, but no alcoholic beverages may be sold to, or consumed by the public during such hours.
(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. 0-2014-018, passed 12-8-14; Am. Ord. 0-2018-11, passed 6-25-18) Penalty, see § 111.99
(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
NUDE OR NEARLY NUDE ACTIVITIES
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENT.
A business within the city, where liquor, beer, or wine is sold for consumption on the premises pursuant to a retail drink liquor license or retail cereal malt beverage liquor license that has been issued by the city.
LICENSE.
A retail drink liquor license or a retail cereal malt beverage liquor license issued by the city.
LICENSEE.
Any person to whom a retail drink liquor license or a retail cereal malt beverage liquor license has been issued by the city, including the officers, agents, and employees of the licensee.
LIQUOR ADMINISTRATOR.
The duly appointed Alcoholic Beverage Control Administrator of the city.
PERSON.
A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority.
PREMISES.
The land and building in and upon which any business establishment regulated by the alcoholic beverage statutes is carried on.
RETAIL LICENSEE.
Any license, including its officers, agents, and employees, who sells at retail any alcoholic beverage.
(Ord. 0-87-013, passed 7-27-87)
It shall be unlawful for and a person is guilty of performing nude or nearly nude activity when that person appears on a business establishment’s premises in such a manner or attire as to expose to view any portion of the pubic area, anus, buttocks, vulva, or genitals, or any simulation thereof, or appears on a business establishment’s premises in such manner or attire as to expose to view any portion of the breast referred to as the areola, nipple, or simulation thereof; or has any physical contact with the sexual or other intimate parts of a person whether exposed or unexposed for the purpose of sexual stimulation, gratification, or performance, or does any act which depicts, portrays, or imitates sexual intercourse or any other sexual conduct.
(Ord. 0-87-013, passed 7-27-87) Penalty, see § 111.99
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