Section
General Provisions
114.01 Definitions
114.02 Application of chapter
114.03 State law adopted
Licenses
114.15 Licenses required
114.16 License fees
114.17 Published notice of application; posted notice of intent to apply; application; review and approval
114.18 Form, content of city license
114.19 Denial of application
114.20 Transfer, assignment of license
114.21 Duplicate license
Sale of Alcoholic Beverages
114.40 Liquor hours of sale; beer hours of sale
114.41 Compliance with regulations and prohibitions
114.42 Maintenance of state license
114.43 Display of required licenses and certain signs
114.44 Illegal or disorderly conduct on premises prohibited
114.45 Conducting business with minor
114.46 Illegal sexual conduct, exposure of human body
114.47 Business to be conducted continuously; exceptions
114.48 Adjunct businesses licensed to sell alcoholic beverages
Administration and Enforcement
114.60 Right of entry; search and seizure
114.61 Seizure, destruction of contraband
114.62 Suspension, revocation of license
114.99 Penalty
GENERAL PROVISIONS
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.
LICENSES
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
(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
(A) The City ABC Administrator shall not approve any application for an original license to sell alcoholic beverages until the applicant has caused to be published a concise advertisement in accordance with the provisions of KRS 243.360.
(B) Applicant shall post notice of its intent to apply for an original license to sell alcoholic beverages, any amendments to an original license or application for additional license to sell alcoholic beverages. The notice must be posted conspicuously on the property at the time the applicant publishes its notice of intent to apply for the license and remain posted for 30 days. The posting shall be in at least 14-point font size on at least 8.5 inches by 11 inches yellow paper of durable material.
(C) Licenses shall be issued upon a written application therefor with the truth of the information, statements, and representations therein attested by the signature and the oath or affirmation of the applicant. The form and content of such application shall be prescribed by regulation of the City Administrator; however, all information required by KRS 243.390 to be contained in the application for state licenses shall and must be included therein.
(D) No license permitting the sale of alcoholic beverages in the city shall hereafter be issued until the provisions of this division (B) have been met in full. Any application for the issuance of a license to sell alcoholic beverages shall, prior to final approval by the Administrator, be forwarded to the Mayor or his designee to verify that the proposed application is in conformity with applicable statutes, ordinances, and regulations relative to the sale of alcoholic beverages. When such review has been completed and the Mayor is satisfied that the application is fully in order, such application shall be returned to the Administrator and thence be forwarded to the appropriate state authorities. (Ord. l5-l975, passed 8-ll-75)
(E) All license fees from any license issued under this chapter shall be collected by the Administrator, who shall make a monthly report to the Mayor of all license fees collected.
(Ord. l6-l968, passed 4-22-68; Am. Ord. 6-2024, passed 9-19-24)
The city licenses authorized and established hereby shall each be evidenced by a document, the form and content of which shall be prescribed by regulation of the City Administrator. However, the documents must be of the same color and designation as those of the state licenses to which the city licenses correspond and must comply with all of the provisions for state licenses required by KRS 243.440.
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