All state licenses issued shall be subject to the following conditions:
(A) A quota retail package license shall be issued only for the portion of the premises located on the street level, and the place or location of the licensed premises shall be written onto the license.
(B) A non-quota-2 (hereinafter "NQ-2") retail drink license for the sale of distilled spirits by the drink at restaurants, motels, hotels, and inns shall be issued only on the condition that hotels, motels, or inns must have not less than 50 sleeping units and dining facilities for not less than 100 persons. A restaurant must be a bona fide restaurant establishment, open to the general public and having dining facilities for not less than 100 persons, and must derive at least 70% of their total gross receipts from the sale of food.
(C) A restaurant NQ-2 retail drink license may be issued to an owner or lessee of a bona fide restaurant for the sale of wine, distilled spirits, and malt beverages by the drink, or a quota retail drink license may be issued to such an owner for the sale of distilled spirits and wine by the drink (unless previously restricted to wine only, in which case the licensee would be so restricted). Other conditions for such licensees shall be governed by state statute.
(D) Applicants shall obtain and present with the state application a fire marshal's certificate as to seating capacity of the dining facility, a food service permit from the health department and an inspection and certification by the county fire chief that the premises of the applicant meet all fire, building and safety standards.
(E) All alcoholic beverages must be consumed in accordance with the alcohol beverage license requirement.
(F) No licensee shall require a minimum cover charge, or charge admission to the premises.
(G) All licensees shall conduct alcohol awareness training annually for all employees and the certificate for same must be available to the Administrator.
(H) No license for the sale of alcoholic beverages at retail shall be used for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written lease for a term of not less than the license period.
(I) No licensee hereunder shall sell any intoxicant or alcoholic beverages behind blinds or screens, but such sales shall be conducted openly and without any attempt to hide it or screen from the public view. No violation of this provision occurs if the window screening becomes necessary due to bright sun conditions.
(J) A licensee which holds a NQ-2 license for hotels, motels, inns and restaurants may not hold for the same premises a quota retain package license.
(K) No gaming device of any kind other than Commonwealth of Kentucky sanctioned lottery sales shall be permitted upon any licensed premises, nor shall any gambling of any kind be permitted upon such licensed premises.
(L) Live entertainment shall be permitted upon any licensed premises, but not beyond one hour past the mandated close time for alcohol sales.
(Ord. 2013-12, passed 11-12-2013) Penalty, see § 112.99