[HISTORY: Adopted by the Fiscal Court of Henderson County 11-19-2013. Amendments
noted where applicable.]
GENERAL REFERENCES
Special events — See Ch. 210.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, unless the
context of the provision requires otherwise; and, in addition to the
definitions and rules of construction set out in this section, the
definitions contained in KRS 241.010 are adopted as the meaning of
such words used in this chapter.
The County of Henderson's Alcoholic Beverage Control Administrator.
Every liquid or solid, whether patented or not, containing
alcohol in any amount in excess of more than 1% of alcohol by volume,
which is capable of being consumed by human beings. It includes every
beverage for which the Commonwealth of Kentucky requires a license
under KRS Chapter 243.
The State Alcoholic Beverage Control Board created by KRS
241.030.
The County of Henderson, Kentucky.
Any product capable of being consumed by a human being which
contains alcohol in excess of the amount permitted by KRS Chapter
242 obtained by distilling, mixed with water or other substances in
solution, except wine, hard cider, and malt beverages.
Includes both "motels" and "inns."
Any license issued pursuant to KRS 243.020 to 243.670.
Any person to whom a license has been issued, pursuant to
KRS 243.020 to 243.670.
Any fermented undistilled alcoholic beverage of any name
or description, manufactured from malt wholly or in part, or from
any substitute for malt, and having an alcoholic content greater than
that permitted under KRS Chapter 242.
A building or structure and does not include any apartment
structures, parking lots or areas outside the confines of such building
or structure.
A facility where the usual and customary business is the
serving of meals to consumers and that has a bona fide kitchen facility
which has been inspected, approved, and holds a valid certification
by the Henderson County Health Department, and that derives at least
50% of its total gross receipts from the sale of food. The name of
the establishment must also convey to members of the general public
that the principal business of the facility is the sale of food.
The sale for use or consumption and not for resale.
Any transfer, exchange or barter for consideration, and includes
all sales made by any person, whether principal, proprietor or agent,
servant or employee, of any alcoholic beverage. "Sale" further means
to solicit or receive an order for, keep or expose for sale, keep
with intent to sell, and the delivery of any alcoholic beverage.
Any license issued pursuant to KRS Chapters 241 to 244.
A sale to any person for the purpose of resale.
The product of the normal alcoholic fermentation of the juices
of fruits, with the usual processes of manufacture and normal additions,
and includes champagne and sparkling and fortified wine of an alcoholic
content not to exceed 24% by volume. It includes cider, hard cider,
and perry cider and also includes preparations or mixtures vended
in retail containers if these preparations or mixtures contain not
more than 15% of alcohol by volume. It includes ciders, perry, or
sake.
The provisions of this chapter shall be applicable to the sale
and traffic in alcoholic beverages, unless specifically provided to
the contrary. However, nothing in this chapter shall abrogate the
rights of localities under the local option provisions of KRS Chapter
242, nor shall it apply to any area where the sale of alcoholic beverages
is prohibited.
The provisions of the Alcoholic Beverage Control Law of the
Commonwealth of Kentucky, including KRS Chapters 241, 243 and 244
and the regulations of the Kentucky Alcoholic Beverage Control Board,
as the same may from time to time be amended, are hereby adopted as
part of the alcoholic beverage control laws of Henderson County, except
as otherwise lawfully provided herein.
Under authority of KRS 241.110 there is hereby created the office
of County Alcoholic Beverage Administrator (hereinafter in this chapter
referred to as "the Administrator"), who shall the County Judge/Executive
and shall have the duties and functions prescribed by KRS Chapter
241. The Administrator shall also have such further duties and functions
as are prescribed in this chapter. The Administrator shall make an
annual written report of his office's activities to the Henderson
County Fiscal Court.
No person shall sell, deal in, barter or exchange or possess
for sale or, for the purpose of evading any law or ordinance, give
away any alcoholic beverage in any quantity whatever, or cause the
same to be done, without complying with all of the provisions of this
chapter and all statutes and regulations of the commonwealth applicable
thereto.
Nothing contained in this chapter shall excuse or relieve any
person from the restrictions, requirements and penalties of any other
ordinances of the County, or of any statutes or regulations of the
commonwealth relating to violations pertaining to alcoholic beverages.
A.
License required. It shall be unlawful to sell or offer for sale,
or dispense, or have in his possession for sale, any alcoholic beverage
within the County without having the appropriate state license provided
for and required by state law, or in violation of the terms of such
license. Each license issued shall be applicable only to the specific
premises shown thereon and shall not entitle the holder of the license
to sell from any other premises within the County.
B.
License conditions. The Alcoholic Beverage Control Administrator
shall not sign or approve for submission to the State Board any application
for a license that does not meet the following conditions, and all
state licensees shall be subject to the following conditions:
(1)
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 50% of its
total gross receipts from the sale of food.
(2)
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 KRS Chapter 243.
(3)
Applicants shall obtain and present with the state application a
Fire Marshal's certificate as to seating capacity of the dining facility,
all applicable permits from the health department and an inspection
and certification by the area volunteer Fire Chief that the premises
of the applicant meet all fire, building and safety standards. All
alcoholic beverages must be consumed in accordance with all alcoholic
beverage license laws and regulations.
(4)
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.
No licensee under this chapter shall distribute or cause to
be distributed any handbills, circulars or cards as a medium for advertising
alcoholic beverages.
No licensee under this chapter shall give away or offer to give
away anything tangible of value as a premium or prize, or for any
other purpose in connection with the sale of alcoholic beverages.
Every licensee under this chapter shall keep and maintain 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 Kentucky Alcoholic Beverage Control Board. Such books and records
shall be available at all reasonable times for inspection by the Administrator
or his or her designee.
No licensee under this chapter shall permit any person to become
drunk or intoxicated on the licensed premises, nor shall any licensee
permit any drunk or intoxicated person to remain on the licensed premises.
Each licensee shall strictly comply with all applicable statutes regarding
the sale of alcoholic beverages, including but not limited to KRS
244.080 regarding prohibited sales
A.
No premises for which there has been granted a license for the sale
of alcoholic beverages within the County shall be permitted to remain
open for any purpose between 2:00 a.m. and 6:00 a.m., prevailing time,
of any weekday.
B.
Except as provided in Subsection D below, no premises described in Subsection A shall be permitted to remain open for any purpose at any time during the hours from 2:00 a.m. Sunday until 6:00 a.m. Monday, prevailing time, nor during the hours during which the polls are open on any legal, primary, school or special election day.
C.
However, if a licensee provides for a separate compartment within
his licensed premises capable of being closed off within which are
kept all stocks of alcoholic beverages and all fixtures and appurtenances
connected with his business as such licensee, and the compartment
is kept locked during the time mentioned above, the above provisions
of this section shall not apply.
D.
The sale of distilled spirits and wine by the drink, and malt beverages
by individual container, shall be permitted on Sundays from 10:00
a.m. until 11:00 p.m., and on Sundays that fall on December 31 from
10:00 a.m. until 2:00 a.m. the following Monday, by hotels, motels,
golf courses, and restaurants which are licensed for the retail sale
of malt beverages and distilled spirits and wine by the drink and
which have dining facilities with a minimum seating capacity of 50
people at tables and which receive at least 50% or more of their gross
annual income from their dining facilities by the sale of food.
[Amended 3-7-2017 by Ord.
No. 17-01; 12-4-2018 by Ord. No. 18-03]
E.
Any small farm winery, as that term is defined in KRS 241.010(58), which is licensed by the Kentucky Alcoholic Beverage Control pursuant to KRS 243.155 and located in the unincorporated territory of Henderson County, Kentucky, may sell alcoholic beverages on Sunday in strict accordance with the sales permitted by KRS 243.155 on the licensed premises of the small farm winery from 1:00 p.m. until 11:00 p.m., subject to the restrictions herein and in Chapter 90 of the Code of Henderson County and all other alcoholic beverage control laws and regulations.
[Added 9-22-2015 by Ord.
No. 15-07[1]]
F.
Licensees
which have been issued a quota retail package license or a nonquota
retail malt beverage package license shall be permitted to sell alcoholic
beverages on Sunday from 10:00 a.m. until 2:00 a.m. of the following
Monday.
[Added 12-4-2018 by Ord. No. 18-03]
A.
Any person or licensee who or which owns, operates or controls any
business establishment which serves or provides any type of alcoholic
beverage shall prohibit the removal of any such alcoholic beverage
from inside the licensed premises to the outside of the licensed premises
if said alcoholic beverage is in any opened container.
B.
Any person or licensee who or which owns, operates or controls any
business establishment where alcoholic beverages are served or provided
shall prohibit the drinking of said alcoholic beverages on any parking
lot which is adjacent to, connected with or used by the patrons of
such business establishment which is under the direct control of the
licensee.
C.
No person shall drink any alcoholic beverage on or in any parking
lot which is made available for use by the patrons of a licensed premises
and which is under the direct control of a licensee or which is part
of a licensed premises.
D.
No person shall consume or be in possession of any alcoholic beverage
on licensed premises other than alcoholic beverages sold and dispensed
by the licensee. The licensee or his agent shall have the authority
to order the immediate removal of any alcoholic beverage carried onto
licensed premises in violation of this section.
E.
Exemption for outdoor festivals. There is exempted from this section
any person or licensee who or which holds a special temporary license,
which license permits the operation of an outdoor festival, if said
festival is conducted no more than seven consecutive days annually.
A.
A retail licensee, a patron, or the licensee's agents, servants,
or employees shall not cause, suffer, or permit the licensed premises
to be disorderly.
B.
Acts which constitute disorderly premises consist of causing, suffering,
or permitting patrons, the licensee, or the licensee's servants, agents,
or employees to cause public inconvenience, annoyance, or alarm, or
create a risk through:
(1)
Engaging in fighting or in violent, tumultuous, or threatening behavior;
(2)
Making unreasonable noise;
(3)
Refusing to obey an official order to disperse issued to maintain
public safety in dangerous proximity to a fire, hazard, or other emergency;
(4)
Creating a hazardous or physically offensive condition by any act
that serves no legitimate purpose;
(5)
Creating a public nuisance;
(6)
Engaging in criminal activity that would constitute a capital offense,
felony, or misdemeanor; or
(7)
Failing to maintain the minimum health, fire, safety, or sanitary
standards established by the state or a local government, or by state
administrative regulations, for the licensed premises.
It shall be unlawful for any person to aid or assist any person
under the age of 21 years in purchasing, delivering, serving, or in
any way procuring, directly or indirectly, any alcoholic beverages,
whether or not remuneration is received or contemplated.
In accordance with KRS 244.083 and this chapter, every retail
licensee shall cause to be displayed in a conspicuous, prominent place
on the licensed premises each of the following documents so that they
may be seen and observed by all persons entering the licensed premises:
A.
A printed card at least eight inches by 11 inches in size which shall
show, in thirty-point or larger type, substantially as follows:
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Persons under the age of 21 are subject to a fine up to $100
if they:
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1.
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Enter licensed premises to buy, or have served to them, alcoholic
beverages.
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2.
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Possess, purchase or attempt to purchase, or get another to
purchase alcoholic beverages.
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3.
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Misrepresent their age for the purpose of purchasing or obtaining
alcoholic beverages.
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B.
All valid state licenses issued therefor. The failure to so display
such licenses shall be prima facie evidence that no such valid licenses
have been issued or exist and all actions, business, and transactions
authorized thereby conducted on such premises are illegal and in violation
of the provisions hereof and the state statutes and regulations of
the State Alcoholic Beverage Control Board in regard thereto.
The Administrator shall have the right to suspend the sale,
furnishing, or delivery of alcoholic beverages throughout the entire
County, or any portion thereof, whenever said Administrator considers
such action necessary by reason of a serious public emergency such
as a riot, insurrection, pestilence, epidemic, or any catastrophe
of such proportions as would affect the general welfare, public health,
safety and morals of all the citizens of the County in general. The
Alcoholic Beverage Control Board of the state shall be notified of
such action when taken.
This chapter shall apply to all areas of Henderson County outside
of the corporate city limits of the City of Henderson, Kentucky, which
has its own regulatory ordinances in regard hereto.
The terms "he," "his" or any other masculine description utilized
in this chapter shall be interchangeable with the terms "she," "her"
or any other feminine description and vice versa.
Any person, firm, or corporation who or which shall violate
any provisions of this chapter shall be guilty of a misdemeanor and
shall be punished as follows:
A.
If for a violation of any state statutory provision relating to alcoholic
beverage control, licensing, prohibition, restrictions, or regulations
incorporated in this chapter, the penalty shall be the same as provided
by the statute.
B.
If for a violation of any provision of this chapter, by a fine of
not more than $250, or by imprisonment in jail for not more than 90
days, or both, in the discretion of the criminal court (a Class B
misdemeanor).
