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(A) It shall be unlawful for any person under the age of 21 years to purchase, accept, or consume alcoholic beverages within the city limits.
(B) It shall be unlawful for any person to procure from any dispenser of alcoholic beverages within the city limits any alcoholic beverages for delivery to or consumption by any person under the age of 21 years.
(Ord. 15-1968, passed 4-8-68)
(C) No person shall cause, permit, encourage, or engage in the misrepresentation of the name, address, age, or other identification of any person under 21 years of age for the purpose of obtaining alcoholic beverages.
Penalty, see § 114.99
Statutory reference:
Minors, see KRS 244.085
No person shall cause, permit, encourage, or engage in any of the following activities or display still or motion pictures thereof on licensed premises:
(A) Sexual conduct as defined in KRS 531.010(5).
(B) The appearance of any human being, clothed or unclothed, in such a manner that any portion of the following body members are exposed to view:
(1) The nipple of the female breast.
(2) The female breast below the nipple.
(3) The genitalia.
(4) The pubic hair.
(5) The anus.
Penalty, see § 114.99
(A) A city licensee who has a valid city wholesale or retail distilled spirits, wine, or malt beverage license must conduct the actions, business, and transactions authorized thereby upon the licensed premises.
(B) When no such actions, business, or transactions are conducted thereon for a period of 90 consecutive calendar days, the city license therefor shall become null and void and revoked by the City Administrator unless:
(1) The city licensee is unable to continue in business at the premises for which a license is issued due to an act of God; casualty; the acquisition of the premises by any federal, state, city, or other governmental agency under power of eminent domain; acquisition of any private corporation through its power of eminent domain granted to it, whether such acquisition is voluntary or involuntary; or loss of lease through failure of the landlord to renew the existing lease; and
(2) Prior to the discontinuance of business at the licensed premises or immediately thereupon if such is due to an act of God, the city licensee delivers to the City Administrator a written statement signed by the city licensee and verified by the oath or affirmation thereof indicating the discontinuance of business at the licensed premises for any of the causes or reasons described herein.
(A) It shall be unlawful for any person, firm, corporation, or entity to operate a business like or similar to the business activity patronized by individuals under age 21 and/or regulated by KRS 244-085(6) between the hours of 12:00 a.m. and 6:00 a.m., a copy of the statutory subsection is attached to Ordinance 13-2004 and incorporated herein by reference.
(B) It shall be unlawful for any person, firm, corporation, or entity to operate a business like or similar to the business activity regulated by KRS 244.085(5) without first having obtained a license required by this section.
(C) The requirements of and regulations for applicants for a license as provided for herein shall be the same as the requirements and regulations for applicants for alcoholic beverage licenses as set out in §§ 114.16 et seq., and 110.01 et seq. and applicable Kentucky Revised Statutes.
(D) The amount of the license fee for the license required by this section for the remainder of the fiscal year 2004-2005 shall be fifty dollars ($50.00) and the amount of the fee shall not be pro-rated during the fiscal year 2004-2005. Following the fiscal year 2004-2005 the amount of the license fee for the business required by this section shall be determined based on the requirements of § 111.04. All license fees herein provided for are in addition to ad valorem taxes, alcoholic beverage license fees and all other taxes imposed by law or ordinance.
(E) Applications for licenses required by this section shall be filed with the city Alcoholic Beverage Control Administrator. Within fifteen (15) days after the effective date of this section, all persons, firms, corporations, or entities currently conducting businesses as defined herein shall make application for a license. All other person, firms, corporations or entities are herewith prohibited from conducting business as defined herein without first having obtained a license therefore. Licenses required by this section shall be renewed annually not later than the date required by law for the renewal of alcoholic beverage licenses in the city.
(Ord. 13-2004, passed 10-4-04)
Cross-reference:
Business license fees, see Chapter 111
ADMINISTRATION AND ENFORCEMENT
A city licensee shall permit the entry and search of the licensed premises by any peace officer at any time for any purpose, and the seizure and removal therefrom of any evidence of any crime or other violation of law and the use thereof in any trial or hearing in regard thereto.
(A) The following property shall be considered to be contraband:
(1) Any apparatus commonly used or intended to be used in the manufacture of alcoholic beverages and not registered in the office of a collector of internal revenue for the United States. The burden of proof that the apparatus is properly registered shall be on the defendant.
(2) Any material, equipment, implements, devices, firearms, and other property used or intended for use directly and immediately in connection with the unlawful traffic in alcoholic beverages.
(3) Any alcoholic beverages in the possession of anyone not entitled by law to possess them.
(4) Any alcoholic beverages in a container of a size prohibited by law or prohibited to the particular party in whose possession they are found.
(5) Any vehicle, watercraft, or aircraft in which any person is illegally possessing or transporting alcoholic beverages. “ILLEGALLY POSSESSING” means and includes the holding of any alcoholic beverages unless lawfully acquired and intended for lawful uses. (KRS 244.180)
(B) Any peace officer may, upon probable cause and without warrant, seize contraband and hold it subject to the order of the court before which the owner or one in possession of the contraband has been charged with violation of § 114.15 of this chapter or of KRS Chapter 242 or KRS 243.020. Upon conviction of the defendant, the court shall enter an order for the destruction of all contraband property, except firearms or ammunition, included in KRS 244.180(1) - (5). Contraband firearms and ammunition shall be transferred to the Kentucky State Police for disposition as provided in KRS 500.090.
(Ord. 16-1968, passed 4-22-68)
Statutory Reference:
Destruction of property, KRS 244.190
(A) Pursuant to the procedure set forth in KRS 243.480 through 243.590, city licenses may be either revoked or suspended by the City Administrator upon the occurrence of:
(1) Any violation of the provisions of this chapter or any other ordinance of the city;
(2) Any violation of any provision of state law in regard to alcoholic beverages or the rules and regulations of the State Alcoholic Beverage Control Board in regard thereto; or
(3) Any other cause, reason, or circumstance for which a state license may be revoked or suspended by the Board.
(B) However, city licenses must be revoked by the City Administrator upon the occurrence of any cause or circumstance which requires revocation of state licenses pursuant to KRS 243.500 or the revocation of a state license to which a city license corresponds. Further, with the approval of the City Administrator, a licensee may, as an alternative and in lieu of part or all of the days of any suspension period, pay the following sums to the city as set forth in KRS 243.480: distillers, rectifiers, wineries, and brewers: $1,000 per day; wholesale liquor licensees: $400 per day; wholesale beer licensees: $400 per day; retail licensees authorized to sell distilled spirits, wine, or beer by the package or drink: $50 per day; distillers, wineries, and brewers for violations arising from their retail sales activities, including sales by distillers under licenses issued pursuant to KRS 243.086 and sales at retail under KRS 243.0305: $50 per day; and all remaining licensees: $50 per day.
(C) The procedure for the revocation or suspension of a city license shall consist of a written notice signed by the City Administrator and mailed to the licensee at the address of the licensed premises by certified mail, describing the cause, circumstance, or occurrence and the time and date thereof for which the city license may be revoked and indicating the time and place of a hearing in regard thereto at least five days thereafter at which the licensee and the representatives thereof shall be heard thereon. The hearing thereon shall be conducted by the City Administrator in the city and according to the procedure prescribed by the State Alcoholic Beverage Control Board for hearings by the Board as supplemented by the regulations of the City Administrator. The City Administrator shall control and make all decisions in regard to the introduction of evidence and shall hear all arguments in regard thereto. At the conclusion of the hearing, the City Administrator shall issue a written decision in regard thereto and mail a certified copy thereof to the licensee at the address of the licensed premises by certified or registered mail.
(D) Upon approval from the City ABC Administrator, an emergency suspension may be ordered when it is reasonably believed that the health, welfare, safety, and/or security of the community is jeopardized by the continued operation of a licensee. In the instance of the immediate suspension of a license, licensees are entitled to an expedited hearing within three business days with the ABC Administrator. The licensee may appeal the decision of the ABC Administrator to the Kentucky Department of Alcoholic Beverage Control within ten business days of the order. An emergency suspension order will remain in effect until a final order is entered. A licensee may remain open during a suspension provided that alcohol is not being served and any alcohol inventory is secured.
(E) Emergency situations which support a finding that continued operation of the license holder pending a hearing would constitute a threat to the public health, welfare, safety, and/or security of the community sufficient for emergency action are:
(1) Violations of the alcoholic beverage control laws that directly led to or contributed to the death or serious physical injury of a person, regardless if the death or serious physical injury occurred on the licensed premises;
(2) Violations of KRS 244.080(1) in which five or more different minors were sold or served alcohol by the licensee within a 24 hour time period;
(3) Violation of KRS 244.125 wherein a firearm was discharged on the licensed premises;
(4) Excessive complaints against a licensee requiring local law enforcement to expend an inordinate amount of resources in a six month period;
(5) Any other manmade or natural event which causes a reasonable person to believe the continued operation of the licensed premises would pose a serious threat to the public health, welfare, safety and/or security of the community.
(Ord. 2-2024, passed 5-6-24)
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