[HISTORY: Adopted by the Fiscal Court of Henderson County 11-19-2013. Amendments noted where applicable.]
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.
- ADMINISTRATOR, ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR or COUNTY ADMINISTRATOR
- The County of Henderson's Alcoholic Beverage Control Administrator.
- ALCOHOLIC BEVERAGE
- 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.
- DISTILLED SPIRITS
- 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.
- MALT BEVERAGE
- 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.
- PREMISES or LICENSED PREMISES
- A building or structure and does not include any apartment structures, parking lots or areas outside the confines of such building or structure.
- RESTAURANT or BONA FIDE RESTAURANT
- 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.
- RETAIL SALE
- 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.
- STATE LICENSE
- Any license issued pursuant to KRS Chapters 241 to 244.
- WHOLESALE SALE
- 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.
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.
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:
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.
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.
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.
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
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.
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.
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.
The sale of distilled spirits and wine by the drink, and malt beverages by individual container, shall be permitted on Sundays from 12:00 noon until 11:00 p.m., and on Sundays that fall on December 31 from 12:00 noon 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]
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]
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.
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.
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.
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.
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 retail licensee, a patron, or the licensee's agents, servants, or employees shall not cause, suffer, or permit the licensed premises to be disorderly.
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:
Engaging in fighting or in violent, tumultuous, or threatening behavior;
Making unreasonable noise;
Refusing to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency;
Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose;
Creating a public nuisance;
Engaging in criminal activity that would constitute a capital offense, felony, or misdemeanor; or
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 printed card at least eight inches by 11 inches in size which shall show, in thirty-point or larger type, substantially as follows:
Persons under the age of 21 are subject to a fine up to $100 if they:
Enter licensed premises to buy, or have served to them, alcoholic beverages.
Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
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:
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.
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).