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(A) Any person violating § 117.03 shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500 for each offense, and each day's possession of a state license or federal permit, contrary to the provisions of this section, shall constitute a separate offense.
('79 Code, § 3-2) (Ord. A-105, passed 11-8-54)
(B) (1) Penalties in general. Any person violating § 117.18(B)(2)(o), shall be guilty of a violation and shall be subject to a fine of not more than $250. Any person who violates any provision of §§ 117.15 through 117.18 for which no specific penalty is provided shall be guilty of a misdemeanor and shall, for the first offense, be fined not less than $100 and not more than $200 or be imprisoned in tho county jail for not more then six months, or both; and for the second and each subsequent violation, shall be fined not less than $200 or more than $500, or be imprisoned in the county jail for not more then 12 months or both. If a person who violates any provision of §§ 117.15 through 117.18 is a corporation, partnership, joint stock company, association or fiduciary, then the president and/or the principal officer or partner responsible for such violations may be punished by imprisonment as authorized by this section.
(2) Causes for which licenses may be revoked or suspended. Any license under KRS 243.020 to 243.670 may be revoked by the Administrator if the licensee shall have violated any of the provisions of KRS Chapters 241, 243, or 244, or any rule or regulation of the city relating to the regulation of alcoholic beverages, or if any clerk, agent, servant or employee of any licensee shall violate any of the laws, regulations or ordinances relating to alcoholic beverages, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his instructions. A license may be revoked for any of the reasons for which the Administrator would have been required to refuse a license if the facts had been known.
(a) Conviction of the licensee or his agent or employee for selling any illegal beverages on the premises licensed.
(b) Making any false, material statements in an application for a license.
(c) Violation of the provisions of KRS 243.670.
(d) If, within a period of two consecutive years, any licensee or any of his or her clerks, servants, agents or employees shall have been convicted of two violations of the terms and provisions of KRS Chapters 241, 243 or 244 or any act heretofore or hereafter in effect relating to the regulations of the manufacture, sale and transportation of alcoholic beverages or if, within such period, any licensee or any of his or her clerks, servants, agents or employees shall have twice been convicted of any felony or of any misdemeanor directly or indirectly attributable to the use of intoxicating liquors, or of one such felony and one such misdemeanor.
(e) Willful and deliberate failure or default of a licensee to pay and excise tax or any part thereof, or any penalties imposed by or under the provisions of any statutes, ordinances or Acts of Congress relative to taxation, or for a violation of any rules or regulations of the Department of Finance made in pursuance thereof.
(f) Revocation of any license or permit provided in KRS 243.060, 243.070, 243.600 and 243.610, or granted under any Act of Congress relative to the regulation of manufacture, sale and transportation of alcoholic beverages. Any license issued under KRS 243.020 to 243.670 must be revoked or suspended in the case of sale of alcoholic beverages by the licensee at a price in excess of the price set by federal or state regulations.
(g) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device, machine or contrivance, or lottery or gift enterprise, or handbook or facility for betting or transmitting bets on horse races; or permitting to be set up, conducted, operated, kept or engaged in, on the licensed premises, any such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility.
(h) Conviction of the licensee, his agents, servants, or employees for:
1. The sale or use upon the licensed premises of those items described in KRS 218A.050 to 218A.130 as controlled substances;
2. Knowingly permitting the sale or use by patrons upon the licensed premises of those items described in KRS 218A.050 to 218A.130 as controlled substances.
(4) License revocation/suspension.
(b) The Administrator may, in his or her discretion, order a suspension on the license for any cause for which he or she may, but is not required to, revoke the license under the provisions of KRS 243.490, KRS 243.500, or under the provisions of §§ 117.15 through 117.18; provided however, the licensee may have the alternative, subject to the approval of the Administrator, to pay in lieu of part or all days of any suspension period, a sum as follows:
Wholesale liquor licensees, per day
Wholesale beer licensees, per day
Retail drink liquor licensees, per day
Retail package liquor licensees, per day
Retail beer licensees, per day
All remaining licensees, per day
(c) Payments in lieu of suspension collected by the Administrator shall be deposited and used as local alcoholic beverage license tax receipts are deposited and used.
(d) Appeals from order of suspension and the procedure thereon shall be the same as are proved for above.
(Ord. 90-44, passed 12-4-90)
(C) (1) Performing nude or nearly nude activities as set forth in § 117.26 or permitting such activities as set forth in said section is a Class B misdemeanor and upon conviction punishment shall be fixed at no more that 90 days in jail or a $250 fine, or both.
(2) The second violation and subsequent violations of § 117.26 within a 12-month period shall constitute a Class A misdemeanor and upon conviction, punishment at no more than a $500 fine or one year in jail, or both.
(a) For the first violation, be subject to a fine of not more than $250; and
(b) For the second violation, be subject to a fine of not more than $500 or be imprisoned in the county jail for not more than 12 months or both.
(E) Server training.
(1) No person, corporation, association, restaurant, business, club or other entity holding a license for the sale of distilled spirits, wine and/or malt beverages by the package or drink shall intentionally, willfully, knowingly, or wantonly authorize, direct, permit, allow or cause any employee, officer or agent of the licensee who has not completed the mandatory service training required, to sell or serve any alcoholic beverages to anyone on the licensed premises.
(2) Any person, corporation, licensee, association, restaurant, business, club or other entity or any employee thereof, found to be in violation of any subsection of § 117.05, shall upon conviction thereof, be fined in an amount not to exceed $100; for subsequent violations within a two-year period and upon conviction thereof, a fine not to exceed $500. Each day a violation occurs shall constitute a separate offense.
(3) If a person who violates any provision of § 117.05 is a corporation, partnership, joint stock company, association or fiduciary, then the president and/or the principal officer or partner responsible for such violations may be fined as authorized by this section.
(85-23, passed 8-20-85; Am. Ord. 03-56, passed 2-24-04; Am. Ord. 06-40, passed 10-24-06)