(A) No license shall be issued hereunder until the same has been approved as required by law by the State Alcoholic Beverage Control Board and by the City Alcoholic Beverage Control Administration. Licenses which have been approved according to law shall then be issued by the City Clerk/Treasurer.
(B) All licenses issued hereunder shall be subject to the following conditions:
(1) A retail package license for the sale of distilled spirits, wine or malt beverages shall be issued only for the portion of the premises located on the street level, and the place or location of the licensed premises shall be written into the license; a sale of distilled spirits license shall constitute a violation of this chapter.
(2) A special retail drink license or Sunday retail drink license for the sale of alcoholic beverages by the drink shall be issued only on the following additional conditions:
(a) Applicants shall obtain and present with the application a Fire Marshal’s certificate as to seating capacity of the dining facility, a food service permit from the Health Department, and an inspection and certification by the City Fire Chief that the premises of the applicant meets all fire, building and safety standards.
(b) All alcoholic beverages must be consumed on the premises.
(c) No licensee shall require a minimum cover charge or charge admission to the premises.
(d) All licensees must be in compliance with the alcoholic beverage server training provisions of § 62.007 herein.
(e) Each restaurant licensee shall file with the City Clerk/Treasurer and the city’s Alcohol Beverage Control Administrator every three (3) months a report setting out the total gross receipts from the sale of food and the total gross receipts from the sale of alcoholic beverages.
(3) No license for the sale of alcoholic beverages at retail shall be used for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written lease for a term of not less than the license period.
(4) No city license for the sale of alcoholic beverages at retail shall be issued or renewed for any premises which are prohibited licenses under any of the provisions of state law. Further, no city license for the sale of alcoholic beverages shall be issued or renewed for any premises for which the licensee or operator of the premises is delinquent in the payment of any city taxes or fees, including business license fees, ad valorem real property tax, and any penalties and interest assessed for the delinquency in payment of such fees or taxes.
(5) A license that might be issued shall be refused for the same causes set forth in state law for the refusal of state licenses.
(6) Licenses may be revoked or suspended for the same causes set forth in state law for the suspension or revocation of state license.
(7) No applicant shall become a licensee who:
(a) Has been convicted of any felony until five (5) years have passed from the date of conviction, release from custody, parole, or termination of probation, whichever is later;
(b) Has been convicted of any misdemeanor described in KRS 218A.050 to 218A.130 or any misdemeanor directly or indirectly attributable to the use of alcoholic beverages, within two (2) years preceding the application;
(c) Is under the age of twenty-one (21) years;
(d) Is not a citizen of the United States and has not had an actual bona fide residence in the state for at least one (1) year before the date on which his or her application for a license is made;
(e) Has had any license issued under state law relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute, until the expiration of two (2) years from the date of the revocation or conviction;
(f) Is a partnership, limited partnership, limited liability company, corporation, or governmental agency and each member of the partnership or each of the directors, principal officers, or managers does not qualify under divisions (B)(7)(a) through (c) of this section;
(g) Is a partnership, limited partnership, limited liability company, corporation, or governmental agency that has had any license issued under any statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages, revoked for cause or has been convicted of a violation of any such statute, until the expiration of two (2) years from the date of the revocation or conviction; or
(h) Has, if it is a partnership or corporation any member of the partnership or any director or principal officer of the corporation that has had any license issued under any statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages, revoked for cause or has been convicted of a violation of any such statute, until the expiration of the later of two (2) years from the date of the revocation or two (2) years from the date of conviction. Prior to the issuance of any license, the Police Department shall investigate all applicants pertaining to the above requirements.
(8) The time when retail premises shall be closed shall be controlled by KRS 244.290 and KRS 244.480. The dining facilities of hotels, motels, inns and restaurants holding a special Sunday retail drink license may serve alcoholic beverages on Sundays between the hours of 10:00 a.m. and 12:00 midnight. Any premises licensed to sell distilled spirits, wine or malt beverages at retail shall be permitted to remain open during the hours the polls are open on any primary, regular, local option, or special election day, as well as during any other hours of those election days not specifically prohibited by the provisions of this chapter or the Kentucky Revised Statutes.
(9) The number of licenses granted for the retail sale of package distilled spirits and wine shall be limited to the number allowed by the state according to the latest United States Census.
(10) No licensee hereunder shall sell any intoxicant or alcoholic beverages behind blinds or screens, but such sales shall be conducted openly and without any attempt to hide it or screen it from the public view.
(11) A licensee that holds a special retail drink license for hotels, motels, inns and restaurants may not hold for the same premises a distilled spirits and wine retail package license.
(12) No gaming device of any kind shall be permitted upon any licensed premises, nor shall any gambling of any kind be permitted upon such licensed premises.
(13) A licensee to whom a license is issued pursuant to this chapter shall provide periodic information demonstrating compliance with the conditions of any license. The licensee shall keep and maintain upon the licensed premises adequate books and records, including audio and video recordings, of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the Kentucky Department of Alcoholic Beverage Control.
(Ord. - -, passed 10-19-78; Am. Ord. 88-08001, passed 8-18-88; Am. Ord. 06-05-03, passed 6-5-03; Am. Ord. 2008-10-23, passed 10-16-08; Am. Ord. 2013-12-05, passed 12-5-13; Am. Ord. 2016-12-15(B), passed 12-15-16; Am. Ord. 2023-04-20, passed 4-20-23) Penalty, see § 62.999
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Statutory reference:
Persons who may not be licensed, see KRS 243.100
Premises that may not be licensed for sales at retail, see KRS 243.200
Premises for which retail package and drink licenses may be issued; exceptions, see KRS 243.230