Alcohol
ORDINANCE NO. 10-2004
ALCOHOLIC BEVERAGE CONTROL ORDINANCE
BE IT ORDAINED BY the City
Council of LaGrange, Kentucky, that from and after the passage,
approval and publication of this Ordinance, the following:
SECTION ONE: A
new Ordinance is hereby created to read as follows:
ARTICLE I.
IN GENERAL
Purpose
The
purpose of this Ordinance is to establish uniform regulations
and requirements for the licensing and regulation of alcoholic
beverage sales pursuant to KRS 242.185 (6) for any restaurant or
dining facility which seats a minimum of 100 persons and which
derives a minimum of seventy percent (70%) of its gross receipts
from the sale of food. To realize this, the City shall
implement this Ordinance in such a manner as to assure that:
(a)
Restaurants and dining facilities licensed under this
Ordinance shall seat a minimum of one hundred (100) persons.
Only permanent seating, excluding bar-type stools, patio seating
or temporary chairs available as needed, satisfies this seating
threshold. Said seating must comply with all fire and safety
capacity ratings and regulations.
(b)
The sale of alcoholic beverages shall be accessory to the
sale of food, offered only during times in which the licensee’s
kitchen and food service staff is on duty.
(c)
Restaurants and dining facilities licensed under this
Ordinance shall derive a minimum of seventy percent (70%) of
their gross receipts from the sale of food as certified by
periodic documentation.
Definitions
The
definitions of the words used throughout this Ordinance, unless
the context requires otherwise, shall have the same meaning as
those set out in Kentucky Alcoholic Beverage Control law (KRS
Chapters 241, 242, 243 and 244) of the Commonwealth of Kentucky
and all amendments and supplements thereto.
Scope
This
Ordinance shall only apply to the sale of malt, wine and
distilled spirits on the premises of the licensee. Nothing in
this Ordinance shall excuse or relieve the licensee, or the
agent or any employee of any licensee thereof from the
restrictions, requirements and penalties of any other Ordinance
or Ordinances of the City or of any statutes of the Commonwealth
of Kentucky relating to violations pertaining to alcoholic
beverages.
Adoption of
State Alcoholic Beverage Control Law
The provisions of the Alcoholic Beverage Control Law of the
Commonwealth of Kentucky (KRS Chapters 241, 242, 243 and 244)
and all amendments and supplements thereto, are adopted so far
as applicable to this Ordinance except as otherwise lawfully
provided herein.
ARTICLE II. LICENSES
Scope
Under this Ordinance a license shall only be extended to the
owners and/or operators of those establishments which qualify
under KRS 242.185 (6).
ARTICLE III – DUTIES OF THE OFFICE OF THE
CITY
ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR
(a) The
duties of the City Alcoholic Beverage Control Administrator
(hereinafter referred to as the City ABC Administrator) are
hereby assigned to the Chief of Police of the City of La Grange.
(b) The salary for the office of City ABC
Administrator, if any, together with the salaries of any other
personnel assisting the City ABC Administrator shall be fixed
from time to time by the City Council.
(c) The
functions of the City ABC Administrator shall be the same with
respect to city licenses and regulations as the function of the
Alcoholic Beverage Control Board of the Commonwealth of Kentucky
(hereinafter referred to as the ABC Board) with respect to
state licenses and regulations, except that no amendment to
these regulations proposed by the City ABC Administrator may be
less stringent than the statutes relating to alcoholic beverage
control, or than regulations of the ABC Board. No regulation of
the City ABC Administrator shall become effective until it has
first been appropriately approved by the City Council.
(d) No
person shall be a City ABC Administrator, an investigator or an
employee of the City under the supervision of the City ABC
Administrator, who would be disqualified to be a member of the
ABC Board under KRS 241.100.
(e) The
City ABC Administrator shall have all authority as authorized
under Chapters 241 through 244 of the Kentucky Revised Statutes.
(f)
Should the City ABC Administrator at any time have reasonable
grounds to believe that any applicant, licensee, employee of a
licensee, or any stockholder, agent or employee of a licensed
corporation, has a criminal record, he shall have the authority
to require such person to appear in person at the LaGrange
Police Department for the purpose of having his or her
fingerprints taken.
(g) The
City ABC Administrator shall before entering upon his or her
duties as such take the oath as prescribed in Section 228 of the
Constitution and shall execute a bond with a good corporate
surety in the penal sum of not less than one thousand dollars
($1,000.00).
(h)
Appeals from the orders of the City ABC Administrator may be
taken to the state ABC Board by filing with the Board within
thirty (30) days a certified copy of the orders of the City ABC
Administrator. Matters at issue shall be heard by the ABC Board
as upon an original proceeding. Appeals from the orders of the
City ABC Administrator shall be governed by KRS Chapter 13B.
ARTICLE IV.
APPLICATION/LICENSES
(a)
Before an application shall be considered, the applicant must
publish a notice of its intent to apply for an alcoholic
beverage license in a newspaper meeting the requirements of KRS
Chapter 424.
(1)
The advertisement shall state the names and addresses of
the members of the partnership if the applicant is a
partnership, as well as the name of the business and its
address, or if the applicant is a corporation, the names and
addresses of the principal office and directors of the
corporation, as well as the name and addresses of the
corporation itself, the location of the premises for which the
license is sought, and the type of license for which application
is made.
(2)
The applicant shall attach to the application a newspaper
clipping of the advertisement and proof of the publication as
provided in KRS 424.170.
(b) All
licenses granted under this Ordinance shall be approved by the
City ABC Administrator. Applications for the issuance of new
licenses and for renewals of existing licenses shall be in
writing and upon the forms provided by the ABC Board and the
City, as amended and supplemented from time to time.
(c) The
application shall be verified and shall set forth in detail such
information concerning the applicant and the premises for which
the license is sought as required by the Kentucky Revised
Statutes, and the ABC Board and the City, including as follows:
(1)
Name and address;
(2)
Copy of Section F of State ABC license application;
Each application
shall be accompanied by a certified check, cash or a postal or
express money order for the license fee;
(d) All
applicants shall voluntarily submit to a criminal background
check and shall sign a waiver allowing the release of this
information to the City ABC Administrator.
(e) All
City licenses shall be in such form as may be prescribed by the
City Council and shall contain:
(1)
The name and address of the licensee;
(2)
The number of license;
(3)
The type of license;
(4)
A description by street and number, or otherwise, of the
licensed premises;
(5)
The name and address of the owner of the building in
which the licensed premises are located;
(6)
The expiration date of the license;
(7)
A statement in substance that the license shall not be a
property or vested right and that it may be revoked at any time
pursuant to law.
(f) All
licenses approved by the City ABC Administrator and issued by
the City shall begin on July 1 of any year and shall expire on
June 30 of the following year.
(g) The
renewal by the City ABC Administrator of the license shall not
be construed to be a waiver or acceptance of any violation which
occurred prior to such renewal and shall not prevent subsequent
proceedings against the licensee.
(h)
Any licenses issued after January 1 of any year shall be
assessed a fee equal to one-half (1/2) of the annual fee for the
remainder of the license period.
(i) In
the event a violation of this Ordinance occurs that requires the
revocation of the license, the City shall not be required to
refund any portion of the license fee.
Fees Pursuant
to KRS 243.070
(a) The
annual City fee for a restaurant drink license shall be $600.00
and for renewal, the fee shall be $400.00. The annual City fee
for a malt beverage license shall be $200.00 and for renewal,
the fee shall be $100.00. These fees may be amended by the City
Council from time to time if not inconsistent with applicable
state statutes.
(b) The
annual City license fee for the sale of alcoholic beverages on
Sunday shall be $1.00.
(c) The
City ABC Administrator shall transmit fees upon collection to
the City Clerk to be deposited into the appropriate designated
account. City licenses shall be issued by the City ABC
Administrator upon receipt of notice from the ABC Board
Administrator of the finality of appeal or protest permitted
upon such license pursuant to the provisions of KRS 243.360, and
the fact the ABC Board Administrator has approved the
applicant’s state application.
Refund of
License Fees
Should any licensee under this Ordinance be prohibited from
conducting said business for the full period covered by the
license because of any changes that may hereafter be made in the
laws of the Commonwealth of Kentucky with reference to alcoholic
beverages or other cause outside licensee’s control then the
City shall refund to it the proportionate part of the license
fee for the period during which it is prevented from carrying on
said business if the licensee provides sufficient proof to the
City ABC Administrator that such period of inactivity was not
the fault of the licensee or the result of a revocation,
suspension or other wrongdoing by licensee or agent or employee
of the licensee.
Lost or
Destroyed Licenses:
When
a license shall be lost or destroyed without fault on the part
of the licensee or his agent or employee, a duplicate in lieu of
the original license shall be issued by the City ABC
Administrator after he shall be satisfied as to the facts;
provided, however, that the person applying for said duplicate
license shall pay a fee of ten dollars ($10.00) for said
duplicate.
Temporary
Closing:
In
the course of any one day of operation of a licensed premises
should multiple violations of the Ordinance or other statutes or
ordinances of a public disorder nature, e.g. disturbing the
peace, be reported and investigated by the City Police
Department, such reoccurrence shall be reported to the City ABC
Administrator by the Chief of Police. The City ABC
Administrator may, in the interest of public health, safety,
morals and welfare, direct the Chief of Police to temporarily
suspend the license in question for the remaining hours of the
day in question by locking the premises after dispensing the
patrons. The temporary suspension shall remain in effect until
review of the alleged violations by the City ABC Administrator;
such review shall occur on the next business day.
Revocation or
Suspension
(a) Any
license may be revoked or suspended by the City ABC
Administrator if the licensee shall have violated any of the
provisions of Kentucky Revised Statutes Chapters 241, 243 or
244, or any rule or regulation of the ABC Board or of the
Department of Revenue relating to the regulation of the
manufacture, sale and transportation or taxation of alcoholic
beverages or if such licensee shall have violated or shall
violate any act of congress or any rule or regulation of any
federal board, agency or commission, or this Ordinance now,
heretofore, or hereafter in effect relating to the regulation of
the manufacture, sale and transportation or taxation of
intoxicating liquors or any rules or regulations of the City
heretofore in existence or authorized by the terms of Kentucky
Revised Statutes Chapters 241, 243 and 244 to be created,
referred to, irrespective of whether the licensee knew of or
permitted the violation or whether the violation was committed
in disobedience of his instructions, or any such license may be
revoked or suspended for any cause which the City ABC
Administrator in the exercise of his or her sound discretion
deems sufficient.
(b) A
license may be revoked for any of the reasons for which the City
ABC Administrator would have been required to refuse a license
if the facts had been known.
(c) Any
license may be revoked or suspended for the following causes:
(1)
Conviction of the licensee or his agent or employee for
selling any illegal beverages on the premises licensed.
(2)
Making any false material statements in an application
for a license.
(3)
If within a period of two (2) consecutive years, any
licensee or any clerks, servants, agents or employees of the
licensee shall have been convicted of two (2) violations of the
terms and provisions of KRS Chapters 241, 243 or 244 or any act
heretofore or hereafter in effect relating to the regulation of
the manufacture, sale and transportation of alcoholic beverages
or if within such period, any licensee or any of the clerks,
servants, agents or employees of the licensee shall have twice
been convicted of any felony or of any misdemeanor directly or
indirectly attributable to the use of alcoholic beverages, or of
one (1) such felony and one (1) such misdemeanor.
(4)
Willful and deliberate failure or default of a licensee
to pay an excise tax or any part thereof, or any penalties
imposed by or under the provisions of any statutes, this
Ordinance or acts of congress relative to taxation, or for a
violation of any rules or regulations of the Department of
Revenue made in pursuance thereof.
(5)
Revocation of any license granted under any act of
congress relative to the regulation of manufacture, sale and
transportation of alcoholic beverages. Any license must be
revoked or suspended in the case of sale of alcoholic beverages
by the licensee at a price in excess of the price set by federal
or state regulations.
(6)
Setting up, conducting, operating or keeping, on the
licensed premises, any gaming game, device, machine or
contrivance, or lottery or gift enterprise, or handbook or
facility for betting or transmitting bets on horse races; or
permitting to be set up, conducted, operated, kept, or engaged
in, on the licensed premises, any such game, device, machine,
contrivance, lottery, gift enterprise, handbook or facility.
Notice to
Licensee; Surrender of License; Hearing
(a)
Within three (3) days after any order of revocation of a license
becomes final, notice of revocation shall be given to the
licensee and to the owner of the licensed premises. A notice
mailed to the licensee and to the owner of the licensed premises
at the address shown in the last application for a license or in
the last statement supplemental to the application shall be
deemed sufficient compliance with this section. The licensee
shall at once surrender his license to the City ABC
Administrator. If the revoked license is not forthwith
surrendered by the licensee, the Chief of Police at the request
of the City ABC Administrator shall immediately cause one of his
officers to take physical possession of the license and return
it to the City ABC Administrator.
(b) When
a license has been revoked, the former licensee may, with prior
approval of the City ABC Administrator, dispose of and transfer
his stock of alcoholic beverages to an appropriate entity.
(c)
Appeal from the decision of the City ABC Administrator shall be
to the ABC Board.
(d) If a
license is revoked or suspended by an order of the City ABC
Administrator, the licensee shall at once suspend all operations
authorized under his license.
Transfer or
Assignment:
No
license issued under this Ordinance shall be transferred or
assigned either as to licensee or location except with prior
approval of the City ABC Administrator and not then until a
payment of one hundred dollars ($100.00) shall be made to the
City ABC Administrator.
Refusal of
License:
The
City ABC Administrator may refuse to issue or renew a license
for any of the following reasons:
(a)
Causes for refusal to issue or renew a license and for
suspension or revocation of a city license shall be the same as
provided for state licenses according to KRS 243.450, 243.490
and 243.500, as well as violation of any city ordinance
regarding alcoholic beverage licensing, sales or the
administration thereof.
(b)
If the applicant has done any act for which a revocation
of license would be authorized; or
(c)
If the applicant has made any false material statement in
his application.
A license (new issuance, transfer or renewal) may be refused by
the City ABC Administrator for any reason which he or she, in
the exercise of his or her sound discretion, may deem
sufficient.
Review of
License
Applicants to whom a license is issued authorizing the sale of
alcoholic beverages by the drink pursuant to this Ordinance
shall provide periodic information demonstrating compliance with
the continuing requirement that seventy percent (70%) of the
applicant’s gross receipts is earned from the sale of food.
This documentation
shall be provided on a schedule to be coordinated with the
applicant’s quarterly regulatory fee filings.
In the event the 70% food requirement is not met during any
particular quarter, the City ABC Administrator shall have
discretion in determining whether revocation is appropriate or
whether the licensee may be allowed a reasonable period of time
to reach compliance. If a good faith effort is demonstrated by
the licensee, the City ABC administrator may apply an accounting
period of at least one (1) year in determining whether or not
the 70% minimum food requirement has been met.
Regulatory
License Fee
(a) A
regulatory license fee is imposed on the gross receipts of sale
of alcoholic beverages of each license issued by the City ABC
Administrator. The license fee shall be two and one half
percent (2 1/2%) of gross sales of alcoholic beverages as set by
the City Council. The City Council shall adopt at the beginning
of each budget period for each fiscal year such percentage rates
as shall be reasonably estimated to insure full reimbursement to
the City for the cost of any additional policing, regulatory or
administrative expenses related to the sale of alcoholic
beverages. Such fee shall be in addition to any other tax, fee
or license permitted by law, but a credit against such fee shall
be allowed in an amount equal to the license or fee imposed and
such regulatory fee shall be applied annually from July 1 to
June 30.
(b)
Payment of such regulatory fees shall be remitted to the City
Clerk, and shall accompany the tax returns approved for such use
by the City Council. These returns and payments are due no
later than by the end of the month immediately following each
calendar quarter at which time one-fourth (1/4) of the annual
fees shall be deducted as credit.
(c)
Failure to pay such quarterly remittance within ten (10) days of
the due date constitutes a violation and subjects licensee to
suspension or revocation.
(d)
Penalty for failure to file a return and pay quarterly
remittance by the due date is five percent (5%) of the tax for
each ninety (90) days or fraction thereof. The total late
filing penalty shall not exceed twenty-five percent (25%) of the
tax; provided, however, that in no case shall the penalty be
less than ten dollars ($10.00).
(e)
Interest at the rate of eight percent (8%) per annum will apply
to any late payments.
Change of
Information
(a) Since
licenses issued by the city may be in the name of a corporation,
it is necessary that stock ownership changes in such corporation
be reported to the City ABC Administrator. The City ABC
Administrator can therefore investigate the person to whom the
stock is transferred in order to ascertain whether that person
is precluded by statute from holding an interest in an alcoholic
beverage license.
(b)
As used herein, the word “change” is construed to include
any change in directors or officers of the corporation, or
change in ownership of stock whereby any person secures ten
percent (10%) of the outstanding stock. Transfer of more than
ten percent (10%) of the total stock shall require a new
license.
Dormancy
(a) It is
necessary that a licensee actually conducts the business
authorized by such a license or else the license will be
declared dormant and become null and void after ninety (90)
days. Such is the intent of this section. Realizing that a
licensee, like other business, might have his business
interrupted by situations not under his control, various
exceptions to the dormancy rule have been included in this
section.
(b) Any
license under which no business is transacted during a period of
ninety (90) days shall become null and void. At the expiration
of the ninety (90) day period the license shall be surrendered
to the City ABC Administrator.
(c)
Except that the provisions of subsection (a) hereof shall not
apply to any licensee who is unable to continue in business at
the premises for which a license is issued due to construction,
an act of God, casualty, death, the acquisition of the premises
by any federal, state, county or other governmental agency under
the power of eminent domain, acquisition is voluntary or
involuntary, or loss of lease through failure of landlord to
renew existing lease. Such licensee shall furnish to the City
ABC Administrator a verified statement setting forth the fact
that the licensee is unable to continue in business prior to the
expiration of the ninety (90) days of inactivity, for any of the
reasons set forth herein, and the City ABC Administrator may
grant an extension of the dormancy with the license continuing
to remain in effect during the license period or until same is
transferred to another premises, notwithstanding the fact that
no business is transacted during said period; provided, however,
no such license shall be considered valid unless business is
conducted thereunder within twelve (12) months from the date of
notice to the City ABC Administrator. Such extension may not
extend beyond the renewal date but may be for such times as the
City ABC Administrator deems appropriate in exercise of his
sound discretion.
(d) All
renewal licenses must be on file with the City ABC Administrator
within thirty (30) days prior to the expiration of the licenses
for the preceding license period or the same shall be cancelled,
except where the licensee is unable to continue in business at
the same premises licensed during the preceding license period
due to construction, an act of God, casualty, death, the
acquisition or threatened acquisition of these premises by any
federal, state, county or other governmental agency or private
corporation possessing power of eminent domain, whether such
acquisition is voluntary or involuntary, or loss of lease
through failure of landlord to renew existing lease; that said
licensee shall file a written verified statement no less than
twenty (20) days from the expiration date of the license,
setting forth these facts, and the City ABC Administrator is
hereby authorized to extend the time for filing of a renewal of
such license for a reasonable length of time within the sound
discretion of the City ABC Administrator; provided, however,
such licensee shall pay a license fee from the expiration date
of the former license or licenses. Said license fee shall not
be payable until application is made for the transfer of said
license to a new location.
Approval of Premises
The
City ABC Administrator shall not grant any alcoholic beverage
license or approve a renewal of a license until said applicant
and his place of business shall have been approved by the County
building inspector, and any and all other inspections required
by the Kentucky Building Code.
Delinquent
Taxes or Fees
No
license to sell alcoholic or malt beverages shall be granted or
renewed to any person who is delinquent in the payment of any
taxes or fees due the City at the time of issuing the license;
nor shall any license be granted or renewed to sell upon any
premises or property, owned and occupied by the licensee upon
which there are delinquent taxes or fees due the City. Further,
if a licensee becomes delinquent in the payment of any taxes or
any fees due the City at any time during the license period, the
license to sell alcoholic or malt beverages shall be subject to
revocation or suspension.
Books,
Records and Reports
(a) Every
licensee under this Ordinance shall keep and maintain upon the
licensed premises adequate books and records of all transactions
involved in the sale of alcoholic beverages in the same manner
required by the rules and regulations of the ABC Board. Such
books and records shall be available at all reasonable times for
inspection by the City ABC Administrator and such City employees
who may assist the City ABC Administrator in his or her review.
(b) For
the purpose of assisting the City ABC Administrator in
enforcement of this Ordinance, every licensee required to report
to the ABC Board under KRS 243.850 shall provide a copy of such
report to the City ABC Administrator. Copies of any and all
reports and correspondence to the City ABC Administrator
required by statute shall be furnished to the City ABC
Administrator.
ARTICLE V.
HOURS FOR SALE AND DELIVERY
(a) The
licensee shall be permitted to sell or dispense distilled
spirits, wine and/or malt beverages by the drink Monday through
Saturday between the hours of 6:00 am and midnight.
(b)
Alcohol may be sold or dispensed on Sundays, between the hours
of 1:00 p.m. and 11:00 p.m.
(c) The
licensee shall provide a separate locked department in which all
stocks of distilled spirits, wine and malt beverages are kept
during these hours when sales are prohibited. KRS 244.290.
(d) All
delivery of alcoholic beverages in the City shall be made during
normal business hours, Monday through Saturday.
(e) The
licensee may sell and dispense alcoholic beverages on New Year’s
Eve until 2:00 am on January 1, regardless of the day of the
week on which New Year’s Eve occurs, provided that the
appropriate licenses have been obtained from both the City and
the state ABC Board. If New Year’s Eve falls on a Sunday,
alcoholic beverages may be sold and dispensed commencing at 1:00
p.m.; if New Year’s Day falls on a Sunday, then alcoholic
beverages may be sold and dispensed until 2:00 a.m. on January
1; provided, however, that in either instance, the appropriate
licenses for Sunday sales and for extended sales must be
obtained from both the City and the state ABC Board. In either
event, there shall be no additional City license fee imposed.
(f) The
licensee shall not sell or dispense any distilled spirits, wine
or malt beverages during the hours that the polls are open on
any regular or primary election day. The licensee shall remain
closed during the hours the polls are open on any regular or
primary election day unless it can provide a separate locked
department in which all stock of distilled spirits, wine and
malt beverages are kept during the hours the polls are open.
KRS 244.290.
ARTICLE VI.
CONDITIONS, PROHIBITIONS AND RESTRICTIONS
(a) No
gambling or game of chance unless otherwise authorized by the
Commonwealth of Kentucky shall be permitted in any form on such
licensed premises. Dice, slot machines, or any device of chance
is prohibited and shall not be kept on such premises.
(b) It
shall be unlawful for any licensee licensed under this Ordinance
to have or maintain any radio receiving apparatus on such
premises which is intentionally adjusted so as to receive police
messages broadcast from any law enforcement agency in Oldham
County as it is now or may hereafter be operated. In addition
to other penalties provided for the violation of this section,
the Chief of Police or the City ABC Administrator, or his
designated investigator, shall have the authority to confiscate
any and all such radio receiving apparatus.
(c) The
licensee shall be responsible for maintaining security on his
premises including providing adequate outside lighting to permit
customers to utilize the parking area and to promote the safety,
health and welfare of the general public utilizing the licensed
premises. Security standards are further necessary to
discourage unlawful activity in and around the licensed
premises.
(d) It
shall be unlawful for the licensee under this Ordinance who
sells alcoholic beverages of any kind, to give away or offer to
give away anything tangible of value as a premium or prize, or
for any other purpose in direct connection with the sale of
alcoholic beverages.
(e) No
licensee or agent or employee of the licensee shall permit any
person to become drunk or intoxicated on the premises, nor shall
any licensee permit any drunk or intoxicated person to remain on
the licensed premises.
(f) The
licensee shall not sell or dispense alcoholic beverages to any
person who is under 21 years of age.
(g) The
licensee shall display at all times in a prominent place a sign
at least eight inches by eleven inches (8” x 11”) in 30 point or
larger type which states as follows:
Persons
under the age of twenty-one (21) are subject to a fine of up to
One Hundred Dollars ($100.00) if they:
1.
Enter licensed premises to buy, or have served to them,
alcoholic beverages.
2.
Possess, purchase or attempt to purchase, or get another
to purchase alcoholic beverages.
3.
Misrepresent their age for the purpose of purchasing or
obtaining alcoholic beverages.
(h) The
licensee, before commencing any business for which a license has
been issued, shall post and display the license at all times in
a conspicuous place in the room or principal room where the
business is carried on so that all persons visiting the place
may readily see the license.
The licensee
shall not at any time post the license on premises other than
the licensed premises or upon premises where traffic in
alcoholic beverages is being carried on by any person other than
the licensee, or knowingly deface, destroy or alter the license
in any respect.
(i) The
licensee shall post in a prominent place easily seen by patrons
a printed sign at least eleven inches by fourteen inches (11” x
14”) in size, with letters at least one inch (1”) high, supplied
by the Alcoholic Beverage Control Commission, and with
gender-neutral language supplied by the Cabinet for Health
Services, which shall warn that drinking alcoholic beverages
prior to conception or during pregnancy can cause birth defects.
A person who
violates this subsection shall be subject to a fine of not less
than ten dollars ($10.00) nor more than fifty dollars ($50.00).
KRS 243.895.
(j) Any
off premises signage advertising the sale of alcoholic beverages
is prohibited.
(k) No
wholesaler or distributor shall sell any alcoholic beverages to
any person in the City for any consideration except under the
usual credit or cash terms of the wholesaler or distributor at
or before the time of delivery. Nor shall any retail licensee
sell to a purchaser for any consideration except for cash at
time of purchase.
(l) No
licensee shall knowingly employ in connection with his or her
business any person who:
1.
Has been convicted of any felony within the last two (2)
years;
2.
Has been twice convicted of any misdemeanor or offense
directly or indirectly attributable to the use of intoxicating
liquors within the last two (2) years;
3.
Is under the age of twenty (20) years who will be serving
alcoholic beverages or who will be having any contact whatsoever
with the sale of alcohol as defined under state statute;
4.
Within two (2) years prior to the date of his employment
has had any City license under this Ordinance revoked for cause.
Violations of this subsection shall subject both employer and
employee to penalties provided in this Ordinance and shall be
cause for revocation of license.
ARTICLE VII.
ENFORCEMENT
City
police officers and the City ABC Administrator are authorized to
enforce this Ordinance for alleged violations.
Investigation
and Inspection of Premises
The
City ABC Administrator and any investigator acting under the
authority of the City ABC Administrator, shall have the full
police powers of peace officers within the boundaries of the
City. They, as well as any authorized law enforcement officer,
may inspect any premises where alcoholic or malt beverages are
manufactured, sold, stored, or otherwise trafficked without
first obtaining a search warrant.
Penalties
The
following penalties shall be in addition to any criminal
prosecution instituted in Oldham District Court against an
alleged violator and fines hereunder shall be payable to the
City ABC Administrator.
The
City ABC Administrator may assess a fine of not more than five
hundred dollars ($500.00) per violation. This payment of said
fine shall be transmitted to the City Clerk to be deposited in
the appropriate designated account.
Any
person, firm or corporation who violates any of the provisions
of this Ordinance, for which no other penalty is hereby
provided, shall, for the first offense, be fined not less than
one hundred dollars ($100.00) or imprisoned in the county jail
for not more than six (6) months, or both, and for the second
and each subsequent violation shall be fined not less than two
hundred dollars ($200.00) or imprisoned in the county jail for
not more than six (6) months, or both. The penalties provided
for in this subsection shall be in addition to the revocation or
suspension of the offender’s license. If the offender is a
corporation, joint stock company, association or fiduciary, the
principal officer or officers responsible for the violation may
be imprisoned.
ARTICLE
VIII. MANDATORY RESPONSIBLE
BEVERAGE
SERVICE TRAINING
(a) All
persons employed in the selling and servicing of alcoholic
beverages shall participate in and complete a City-approved
responsible beverage service training program. For a
responsible beverage service training program to be approved by
the City, it must effectively train its participants in the
identification of false age documents and recognition of
characteristics of intoxication. The City will not require
enrollment in particular classes, but only that the training be
obtained from a recognized program meeting the goals expressed
in this Ordinance.
(b) All
persons required to complete training under paragraph (a) above
shall complete that training within sixty (60) days of the date
on which the person first becomes subject to the training
requirement. All persons completing the training required by
this section shall be re-certified in responsible beverage
service training from a program approved by the City not less
than once every three (3) years thereafter.
(c) The
manager of the restaurant shall be responsible for compliance
with the training requirements and shall maintain for inspection
by the City ABC Administrator a record or file on each employee
that shall contain the pertinent training information.
ARTICLE IX. SIGNS AND ADVERTISING
(a) All
signage shall be in compliance with any and all other existing
rules and regulations of the City of LaGrange and the Oldham
County Planning and Zoning Commission.
(b)
Signage which refers directly or indirectly to alcoholic
beverages will be limited to one (1) sign not over two (2)
square feet that must be displayed from the inside of the window
or interior of the business. No additional signs, banners,
posters or other type of displaying advertising which refers
either directly or indirectly to alcoholic beverages shall be
displayed on, nor shall it be visible from the exterior of any
premises licensed for the sale of alcoholic beverages, except
that reference to such may be included in the name of the
business. This restriction shall not prevent any licensee from
placing in the windows of the licensed premises business cards
not larger than two and one-half inches (2 ½”) in size, setting
forth the price at which he offers alcoholic beverages for sale.
(c) No
flashing lights shall be used to illuminate the exterior of any
premises licensed under this chapter.
(d) It
shall be unlawful for a licensee under this chapter to
distribute or cause to be distributed any handbills, circulars,
or cards as a medium of advertising alcoholic beverages.
(e) Any
advertising by any licensee under this chapter shall be in
compliance with KRS 244.130.
ARTICLE X.
IMPLEMENTATION OF ORDINANCE PROVISIONS
From time to time the City Council may by resolution or order
promulgate such rules and regulations and may publish and
utilize such forms and other documents as in its discretion may
be necessary for the proper implementation of this Ordinance.
SECTION 2:
SEVERABILITY
If
any section, sentence, clause, or portion of this Ordinance is
for any reason declared illegal, unconstitutional, or otherwise
invalid, such declaration shall not affect the remaining
portions thereof.
SECTION 3:
EFFECTIVE DATE
This Ordinance
shall take effect on October 1, 2004.
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