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117. Alcoholic Beverages

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117. Alcoholic Beverages CHAPTER 117: ALCOHOLIC BEVERAGES Section General Provisions 117.01 Title 117.02 Purpose 117.03 Definitions 117.04 Scope 117.05 Adoption of Alcoholic Beverage Control Law Licenses; License Fees; Regulatory License Fee; Expiration of License 117.15 City license 117.16 License required for Sunday sales 117.17 Expiration of license; proration of fees 117.18 Payment of license fees; delinquency 117.19 Refund of fees 117.20 Regulatory license fee Office of the City Alcoholic Beverage Control Administrator 117.30 Office of City Alcoholic Beverage Administrator created 117.31 Salary; qualifications; functions; oath 117.32 Appeals Application for License; Maintenance of License 117.040 Advertisement 117.041 Application 117.042 Other conditions 117.043 Form of license 117.044 Change of information 117.045 Renewal of license 117.046 Lost or destroyed license 117.047 Revocation or suspension 117.048 Proceedings for revocation or suspension of license; notice and opportunity to contest; appeal; effect of revocation or suspension 117.049 Transfer or assignment 117.050 Refusal of license; guidelines for approval of quota licenses 117.051 Appeal of refusal of license 117.052 Review of license; books, records and reports 117.053 Dormancy Hours for Sale and Delivery 117.060 Sales by the drink 117.061 Retail package sales 117.062 New Years’ Eve sales 117.063 Election Day sales Conditions, Prohibitions and Restrictions 117.070 Gambling/games of chance prohibited 117.071 Police scanners prohibited 117.072 Outside lighting required 117.073 Prizes/premiums prohibited 117.074 Intoxicated persons on licensed premises prohibited 117.075 Sale or dispensing to underage person prohibited 117.076 Signage prohibiting underage drinking required 117.077 Display of license required 117.078 Warning sign regarding pregnancy and alcohol required 117.079 Sale only by cash or credit 117.080 Employment restrictions 117.081 Limitation on reduced drink prices 117.082 Lavatories required 117.083 Adult entertainment prohibited Possession by Minors Prohibited; No Person Shall Aid Possession by Minors 117.100 Possession by minors prohibited 117.101 Minor must be accompanied by parent or guardian to enter premises 117.102 Knowingly aiding/encouraging/causing minor to possess or consume alcohol prohibited 117.103 Knowingly permitting minor to remain on premises while using or consuming alcohol prohibited 117.104 Defenses Consumption on Licensed Package Premises Prohibited; Exceptions; Congregating on Certain ABC Licensed Premises and Vacant Premises Prohibited 117.115 Consumption on licensed package premises prohibited 117.116 Sampling at microbreweries and wineries excepted 117.117 Habitual congregating at package liquor store a public nuisance 117.118 Habitual congregating on vacant property a public nuisance 117.119 Habitual congregation prohibited 117.120 Defense 117.121 Definitions Mandatory Responsible Beverage Service Training 117.130 STAR program participation required 117.131 When training required 117.132 Record of compliance 117.133 Re-certification Signs and Advertising; Advertising on Municipally-Owned Property Prohibited; Certain other Advertising Prohibited 117.140 Compliance with other regulations 117.141 Off-premises signage prohibited 117.142 Number of signs; size 117.143 Flashing lights prohibited 117.144 Advertising handbills/circulars/cards prohibited 117.145 Compliance with state law 117.146 Advertising on municipally-owned property prohibited 117.147 Restrictions on contents of advertising Patio and Outdoor Sales; Where Permitted; Approval Required; Screening R equirements; Exceptions 117.155 Restricted to premises selling alcohol by the drink 117.156 Fence or screening required 117.157 Pre-approval by Administrator required 117.158 Compliance with other requirements 117.159 Exception to screening requirement for outdoor sales and service of alcoholic beverages in the case of permitted sidewalk cafés in the Central Business District 117.998 Enforcement 117.999 Penalty GENERAL PROVISIONS § 117.001 TITLE. This chapter shall be known as the “Alcoholic Beverage Control Ordinance” of the City of Williamstown, Kentucky. (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) § 117.002 PURPOSE. The purpose of this chapter is to establish uniform regulations and requirements for the licensing and regulation of alcoholic beverage manufacture and sales pursuant to authorization of KRS Chapters 241 through 244. (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) § 117.003 DEFINITIONS. The definitions of the words used throughout this chapter, unless the context requires otherwise, shall have the same meaning as those set out in the Kentucky Alcoholic Beverage Control Law (KRS Chapters 241, 242, 243 and 244) of the Commonwealth of Kentucky and all amendments and supplements thereto. (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) § 117.004 SCOPE. This chapter shall be construed to apply to the manufacture and traffic in both malt beverages and distilled spirits and wine where the context permits such application. Nothing in this chapter shall excuse or relieve the licensee, or the owner, proprietor, employee, agent or person in charge of any licensed premises where alcoholic beverages are sold from the restrictions, requirements and penalties of any other ordinance or ordinances of the city or of any statutes of the state relating to violations pertaining to alcoholic beverages. (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) § 117.005 ADOPTION OF 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 chapter except as otherwise lawfully provided herein. (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) LICENSES; LICENSE FEES; REGULATORY LICENSE FEE; EXPIRATION OF LICENSE § 117.015 CITY LICENSE. For the privilege of causing, permitting and engaging in the actions, business, and transactions authorized thereby in regard to traffic in alcoholic beverages in the city and pursuant to the authority of KRS 243.070, there is hereby established a corresponding city license for each of the state licenses described in KRS 243.070. The fee for each city license shall be as set out in the following schedule. In the event KRS 243.070 shall hereafter be amended to authorize additional city licenses, the fee for each city license shall be the maximum fee provided in the statute as amended. (A) Distilled spirit license as set forth in KRS 243.030: (1) Distiller’s license, per annum $500.00 (2) Rectifier’s license, per annum $3,000.00 (3) Wholesaler’s distilled spirits and wine $3,000.00 license, per annum (4) Quota retail package license, per annum $800.00 (To sell malt beverages and distilled spirts while having a quota retail package license, a malt beverage license is required in addition to the quota retail package license.) (B) Special temporary license, per event $25.00 (C) Non-quota type 1 retail drink license (includes .$2,000.00 distilled spirits, wine, and malt beverages), per annum (D) Non-quota type 2 retail drink license (includes $1,000.00 distilled spirits, wine, and malt beverages), per annum (E) Non-quota type 3 retail drink license (includes $300.00 distilled spirits, wine, and malt beverages), per annum (F) Distilled spirits and wine, special temporary $200.00 auction license, per event (G) Special Sunday retail drink license, per annum $300.00 (H) Extended hours supplemental license, per annum $2,000.00 (I) Caterer’s license, per annum $800.00 (J) Bottling house or bottling house storage $1,000.00 license, per annum (K) Malt beverage license as follows: (1) Brewer’s license, per annum $500.00 (2) Microbrewery license, per annum $500.00 (3) Malt beverage distributor’s license, per $400.00 annum (4) Non-quota retail malt beverage package $200.00 license, per annum (5) Non-quota type 4 retail malt beverage drink $200.00 license, per annum (6) Malt beverage brew-on-premises, per annum $100.00 (L) Limited restaurant license (includes distilled $800.00 spirits, wine, and malt beverages), per annum (M) Limited golf course license (includes distilled $800.00 spirits, wine, and malt beverages), per annum (N) The fee for each of the first five supplemental bar licenses shall be the same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises. (O) The holder of a non-quota retail malt beverage package license may obtain a non-quota type 4 malt beverage drink license for a fee of fifty dollars ($50.00). The holder of a non-quota type 4 malt beverage drink license may obtain a non-quota retail malt beverage license for a fee of fifty dollars ($50.00). (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) § 117.016 LICENSE REQUIRED FOR SUNDAY SALES. (A) No licensee shall offer distilled spirits or wine drink sales on Sunday unless the licensee shall have obtained a special license for Sunday sales. (B) All restrictions and prohibitions applying to retail drink, distilled spirits, wine and malt beverage licenses shall apply to the special licenses, unless otherwise provided by law. (Ord. 2016-02, passed 3-17-16; Am. Ord. 2016-22, passed 7-19-16; Am. Ord. 2017-15, passed 12-19-17) § 117.017 EXPIRATION OF LICENSE; PRORATION OF FEES. All city licenses, except temporary licenses, shall begin on July 1 of any year and shall expire on June 30 of the following year.
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