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Shively, KY Code of Ordinances
SHIVELY, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 114.19 DENIAL OF APPLICATION.
   (A)   As is similarly set forth in KRS 243.450, the City Administrator shall not approve any application for a city license if:
      (1)   The applicant, the application, or the premises described therein do not fully comply with the provisions of this chapter and all laws in regard to alcoholic beverages;
      (2)   The applicant or any shareholder, officer, agent, servant, or employee thereof has caused, permitted, or engaged in any act for which the revocation of a state or city license is authorized;
      (3)   The applicant or any shareholder, officer, agent, servant, or employee thereof had a state license or city license which was revoked within two years of the date of the application, or the premises described therein were the premises or any portion thereof described in a state license or city license revoked during such time;
      (4)   Any statement or representation in the application is false; or
      (5)   In the exercise of sound discretion, the City Administrator determines any cause or reason for refusing to approve an application reasonably related to the purpose and objective of this chapter and the state laws and regulations of the State Alcoholic Beverage Control Board. Among those factors that the City Administrator shall consider in the exercise of his discretion are: public sentiment in the area; number of licensed outlets in the area; potential for future growth; type of area involved; type of transportation available; and financial potential of the area.
   (B)   No license to sell distilled spirits shall be granted to any person, firm, or corporation who or which is delinquent in payment of any taxes due the city at the time of issuing the license; nor shall any license be granted to sell upon any premises or property owned and occupied, or rented and occupied by the licensee, upon which there are any delinquent taxes due to the city.
   (C)   The Administrator shall not authorize the issuance, nor issue any permit or licenses to dispense alcoholic beverages or liquors from any home or private residence.
(Ord. 16-1968, passed 4-22-68)
§ 114.20 TRANSFER, ASSIGNMENT OF LICENSE.
   (A)   A city licensee shall not assign or transfer any city license to any other person or premises unless that person or premises complies with all of the provisions of this chapter; the transfer of the license is approved by the City Administrator; and the transfer of the state license to which the city license corresponds is approved by the state. A transfer fee of ten ($10) dollars, along with the payment of five (5%) percent of the original cost of the license, shall be paid to the city for the transfer of the city license.
   (B)   No assignment of any license issued under this chapter shall be made except by court order, and with the approval of the Alcoholic Beverage Administrator.
(Ord. 16-1968, passed 4-22-68) Penalty, see § 114.99
§ 114.21 DUPLICATE LICENSE.
   When a license is lost or destroyed without fault on the part of the holder of the license or his agent or employee, a duplicate in lieu of the original license shall be issued by the Administrator provided, the person applying for the duplicate license pays a fee of $10 for issuing the duplicate.
(Ord. 16-1968, passed 4-22-68)
SALE OF ALCOHOLIC BEVERAGES
§ 114.40 LIQUOR HOURS OF SALE; BEER HOURS OF SALE.
   (A)   Liquor; hours of sale.
      (1)   Retail package distilled spirits and wine. The lawful operating hours for a licensee to sell, permit to be sold, or deliver spirits or wine are as follows:
         (a)   Between the hours of 6:00 a.m. and 12:00 a.m. on Monday through Saturday;
         (b)   Between the hours of 1:00 p.m. and 11:59 p.m. on Sunday, except when Christmas Eve and New Year’s Eve fall on a Sunday, then between the hours of 6:00 a.m. and 11:59 p.m. on that Sunday; and
         (c)   Between the hours of 12:00 a.m. and 2:00 a.m. on any day of the week if the licensee has an extended hour supplemental license.
      (2)   Retail drink distilled spirits and wine. The lawful operating hours for a licensee to sell, serve or permit the consumption of distilled spirits or wine are as follows:
         (a)   Between the hours of 6:00 a.m. and 12:00 a.m. on Monday through Saturday;
         (b)   Between the hours of 1:00 p.m. and 11:59 p.m. on Sunday, unless the licensee has a special Sunday retail drink license that allows operating hours to begin at 10:00 a.m. To be eligible for the special Sunday retail drink license, the licensee must receive at least fifty percent (50%) of its gross receipts from the sale of food or have one (1) of the following licenses set forth in the Kentucky Revised Statutes: qualified historic site license (KRS 243.042), nonquota type 1 license (KRS 243.082) or nonquota type 2 license (KRS 243.084); and
         (c)   Between the hours of 12:00 a.m. and 4:00 a.m. on any day of the week if the licensee has an extended hour supplemental license.
      (3)   Derby exception. Notwithstanding divisions (A)(1) and (2), retail drink and retail package licensees may sell, serve, deliver, permit to be sold, or permit the consumption of distilled spirits and wine on the first Saturday of May between the hours of 12:00 a.m. and 11:59 p.m.
      (4)   The Alcoholic Beverage and Control Administrator may issue an extended hours supplemental license to any person, firm or corporation holding a license to sell distilled spirits and wine at retail upon payment in advance to the city Alcoholic Beverage Control Administrator in an amount determined by the Alcoholic Beverage Control Administrator and as set forth in the license application.
   (B)   Beer; hours of sale.
      (1)   Retail malt beverage package. The lawful operating hours for a licensee to sell, permit to be sold or delivered malt beverages are as follows:
         (a)   Between the hours of 6:00 a.m. and 12:00 a.m. on Monday through Saturday;
         (b)   Between the hours of 1:00 p.m. and 11:59 p.m. on Sunday, except when Christmas Eve and New Year’s Eve fall on a Sunday, then between the hours of 6:00 a.m. and 11:59 p.m. on that Sunday; and
         (c)   Between the hours of 12:00 a.m. and 2:00 a.m. on any day of the week if the licensee has an extended hours supplemental license.
      (2)   Retail malt beverage drink. The lawful operating hours for a licensee to sell, serve or permit the consumption of malt beverages are as follows:
         (a)   Between the hours of 6:00 a.m. and 12:00 a.m. on Monday through Saturday;
         (b)   Between the hours of 1:00 p.m. and 11:59 p.m. on Sunday, unless the licensee has a special Sunday malt beverage retail drink license that allows operating hours to begin at 10:00 a.m. To be eligible for the special Sunday retail drink license, the licensee must receive at least fifty percent (50%) of its gross receipts from the sale of food or have one (1) of the following licenses set forth in the Kentucky Revised Statutes: qualified historic site license (KRS 243.042), nonquota type 1 license (KRS 243.082), or nonquota type 2 license (KRS 243.084); and
         (c)   Between the hours of 12:00 a.m. and 4:00 a.m. on any day of the week if the retail premise has an extended hours supplemental license.
      (3)   Derby exception. Notwithstanding divisions (B)(1) and (2), retail drink and retail package licensees may sell, serve, deliver, permit to be sold, or permit the consumption of malt beverages on the first Saturday in May between the hours of 12:00 a.m. and 11:59 p.m.
      (4)   The Alcoholic Beverage and Control Administrator may issue an extended hours supplemental license to any person, firm or corporation holding a license to sell malt beverages at retail, upon payment in advance to the city Alcoholic Beverage Control Administrator in an amount determined by the Alcoholic Beverage Control Administrator and as set forth in the license application.
(Ord. 7-2021, passed 6-7-22; Am. Ord. 13-2023, passed 12-18-23)
§ 114.41 COMPLIANCE WITH REGULATIONS AND PROHIBITIONS.
   (A)   At all times during which any person has a valid city license issued pursuant to the provisions hereof, that person shall fully comply with all of the rules, regulations, requirements, and prohibitions set forth in this chapter.
   (B)   A city licensee shall comply fully with all of the provisions hereof and all of the rules and regulations of the City Administrator in regard thereto; all provisions of the state statutes and the rules and regulations of the State Alcoholic Beverage Control Board in regard to the licensed premises and the actions, business, and transactions conducted thereon subsequent to the issuance of a state license therefor and prior to the expiration, revocation, or suspension thereof which are hereby incorporated herein and made applicable to all city licenses corresponding thereto, the premises described therein, and the actions, business, and transactions conducted thereon; and the city licensee shall comply fully therewith.
Penalty, see § 114.99
§ 114.42 MAINTENANCE OF STATE LICENSE.
   A city licensee shall maintain the state license to which the city license corresponds and fully comply with all state statutes and the rules and regulations of the State Alcoholic Beverage Control Board in regard thereto.
Penalty, see § 114.99
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