(A) Pursuant to the authority of KRS 244.290, at no time shall any licensee sell any alcoholic beverage when the licensee does not have food available for sale and in no event may any alcoholic beverage be sold between the hours of 1:00 a.m. and 6:00 a.m., Tuesday through Saturday, nor between the hours of 1:00 a.m. and 1:00 p.m. on Sunday, nor between the hours of 12:01 a.m. and 6:00 a.m. on Monday.
(B) In order to sell liquor by the drink on Sunday between the hours of 1:00 p.m. and midnight Sunday evening, the licensee must apply for and obtain from the city a limited Sunday drink license. Provided however, in years on which New Year’s Eve falls on a Sunday, licensees may remain open and alcoholic beverages may be sold until 1:00 a.m. on Monday January 1. In addition, no alcoholic beverages may be sold at retail in the city during the hours when any polls are open in the city on any primary or regular election day.
(C) The limited Sunday drink licenses shall be issued only to those hotels, motels, inns, or restaurants authorized to sell alcoholic beverages by the drink under KRS 242.185(3); and to those the holders of distilled spirits and wine retail drink licenses that have applied to the state administrator and meet all other legal requirements for obtaining a limited Sunday liquor by the drink license.
(D) All terms and procedures set forth herein for licenses for the sale of alcoholic beverages by the drink for consumption on the premises, including but not limited to the procedures for application, approval, denial, hearing, expiration and renewal, shall apply to limited Sunday drink licenses.
(E) The license fee for the limited Sunday drink licenses shall be $300, which shall also be credited against the regulatory license fee set forth in § 116.10, in the amount of a monthly credit of $25, representing the pro rata portion of the initial license cost.
(F) During the restricted hours set forth in division (A), no person who has a valid city license for the sale of distilled spirits or wine or malt beverages at retail shall cause, permit, or engage in any of the actions, business, or transactions authorized and permitted thereby unless otherwise provided herein. During such times, all persons who have such city licenses shall cause the licensed premises to be closed and vacated by all persons except the applicant and those persons identified on the application for such city licenses or any supplements thereto as officers, agents, or employees of the person to whom such license was issued. All other persons shall vacate the licenses premises and remove themselves there from during such times; however, any person upon the premises who purchased any alcoholic beverages by the drink from the licensee within 30 minutes prior to any such times may remain upon the premises for a period not to exceed 30 minutes thereafter for the sole purpose of the consumption of the drink purchased.
(G) If a separate department of such licensed premises is maintained in a manner previously approved in writing by the City ABC Administrator as being capable of being locked, closed off, and separated from the remainder of the licensed premises and all distilled spirits, wine, and malt beverages and all fixtures and apparatus connected with the acts of business and transactions authorized by the state licenses and city licenses for the retail sale of distilled spirits, wine, and malt beverages from such premises are located within such approved department, and such approved department is continuously kept locked, closed off and separated from the remainder of the licensed premises during such times, the remainder of the licensed premises may remain open and any lawful activity may be conducted thereon during such times.
(Ord. 2005-03, passed 8-17-05; Am. Ord. 2005-0006, passed 9-12-05; Am. Ord. 2005-0007, passed 9-12-05; Am. Ord. 2006-13, passed - -; Am. Ord. 022-03, passed - -22) Penalty, see § 116.99