GENERAL PROVISIONS

§ 114.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (A)   As used herein the words and phrases defined in KRS 241.010 and 243.010 have the meanings indicated therein.

   (B)   The following words and phrases have the meanings indicated:

      (1)   “BOARD.” The State Alcoholic Beverage Control Board established pursuant to KRS 241.030.

      (2)   “CITY.” The City of Shively in Jefferson County, Kentucky.

      (3)   “CITY ADMINISTRATOR.” The person appointed to the office of Alcoholic Beverage Control Administrator created and established by the city pursuant to KRS 241.160.

      (4)   “CITY LICENSE.” A license established and authorized pursuant to the terms hereof.

      (5)   “CITY LICENSEE.” A person who has been issued a city license pursuant to the terms hereof.

      (6)   “KRS.” Kentucky Revised Statutes.

      (7)   “PERSON.” Any natural person, corporation, partner- ship, joint venture, or unincorporated association of persons or any combination thereof, and the shareholders, officers, agents, servants, and employees thereof.

      (8)   “PREMISES.” The premises described in the city license issued pursuant to the terms hereof and the application therefor.

      (9)   “STATE.” The Commonwealth of Kentucky.

      (10)   “STATE LICENSE.” A license authorized by KRS 243.030 to 243.680.

      (11)   “TRAFFIC IN ALCOHOLIC BEVERAGES.” Any action, business, or transaction in regard to the production, storage, transportation, distribution, sale, delivery, and transfer of alcoholic beverages.

§ 114.02 APPLICATION OF CHAPTER.

   Irrespective of subchapter or section headings, each section of this chapter shall be construed to apply to both malt beverages and distilled spirits and wine, where the context permits such application.

(Ord. 16-1968, passed 4-22-68)

§ 114.03 STATE LAW ADOPTED.

   The provisions of the State Alcoholic Beverage Control Law (KRS Title XX) are adopted as far as applicable as a portion of this chapter, except as otherwise lawfully provided therein.

(Ord. 16-1968, passed 4-22-68)

LICENSES

§ 114.15 LICENSES REQUIRED.

   It shall be a criminal offense for any person, firm, or corporation to engage in trafficking in alcoholic beverages, as the term is defined in KRS 241.010 and 243.010, without first having paid to the city the license fees set forth in § 111.04, and without first having obtained the license required by this chapter. Any person, firm, or corporation who violates this section shall be punished as set out in § 114.99.

(Ord. 16-1968, passed 4-22-68) Penalty, see § 114.99

§ 114.16 LICENSE FEES.

   (A)   No person shall cause, permit, or engage in any of the actions, business, or transactions authorized by city and state licenses within the city without both a valid city license and a valid state license therefor, and without paying the license fees as set forth in § 111.04.

   (B)   The license fee for every license issued under this chapter shall be payable by the person making application for the license and to whom is issued such license, and no other person, firm, or corporation shall pay for any license issued under this chapter. In addition to all other penalties provided in this chapter, a violation of this section shall authorize and require the revocation of the illegally paid-for license, as well as the revocation of the license, if any, of the person, firm, or corporation so paying for the license of another.

   (C)   All fees payable under this chapter shall be paid in cash or by certified check.

   (D)   All money received by the Administrator shall be transferred to the General Fund of the city and be used as other general funds of the city are used.

   (E)   All license fees herein provided are in addition to ad valorem taxes and all other taxes provided for by law or by ordinance.

(Ord. 16-1968, passed 4-22-68) Penalty, see § 114.99