§ 113.40. HOURS OF SALE.  


Latest version.
  • (A) Except as provided in division (D) of this section, no premises for which there has been granted a license for the sale of distilled spirits or wine at retail shall be permitted to remain open for any purpose between 1:00 a.m. and 8:00 a.m., or at any time during the 24 hours of a Sunday after 1:00 a.m. However, if a licensee provides a separate department within his licensed premises capable of being locked and closed off, within which is kept all stocks of distilled spirits and wine, and all fixtures and apparatus connected with his business as a licensee, and the department is kept locked during the times mentioned above, he shall be deemed to have complied with this section.
    (B) Except as provided in division (D) of this section, no brewer or distributor shall deliver any malt beverages on Sunday or between the hours of 12:00 a.m. and 6:00 a.m. on any other day of the week. No retailer shall sell, give away, or deliver any malt beverages between 1:00 a.m. and 6:00 a.m. or at any time during the 23 hours of a Sunday after 1:00 a.m.
    (C) In all places wherein spirituous, vinous, or intoxicating liquors or malt beverages are sold by the drink for consumption on the premises in the city, no spirituous and/or vinous and/or intoxicating liquors and/or malt beverages shall be served to patrons after 2:00 a.m., prevailing time. In addition, all patrons shall vacate the establishment selling spirituous and/or vinous and/or intoxicating liquors and/or malt beverages no later than 2:15 a.m., prevailing time.
    (D) Facilities receiving a minimum of 70% of its income from the sale of food and meeting the requirements of KRS 244.290(4) shall be eligible to receive a Sunday retail drink license. The hours of operation for a facility holding a Sunday retail drink license shall be the hours of 1:00 p.m. to 12:00 a.m. on Sundays. This division does not exempt retailers from observing all other conditions and requirements under any other ordinance or laws of the Commonwealth of Kentucky. A premises which has been granted a souvenir package Sunday sale license shall be eligible to operate between the hours of 12:00 noon to 12:00 midnight on Sunday. Convenience stores, grocery stores and packaged liquor stores which have been granted a retail beer license and/or a distilled spirits and wine retail package license shall be eligible to operate between the hours of 1:00 p.m. to 12:00 a.m. on Sunday.
    (E) Private clubs which meet the requirements below shall be eligible to receive a Sunday retail drink license. The hours of operation for a facility holding a Sunday retail drink license shall be the hours of 1:00 p.m. to 12:00 a.m. on Sunday. This division does not exempt retailers from observing all other conditions and requirement sunder any other ordinance or laws of the state. Eligible private clubs are those which have been granted all appropriate licenses for the sale of distilled spirits, wine and malt beverages which:
    (1) Having dining facilities with a minimum seating capacity of 100 people at tables;
    (2) Are non-profit, eleemosynary organizations with a membership of at least 200; and
    (3) Have been in existence for a period of at least two years.
    (F) Per KRS 244.290, in years where December 31, (New Years Eve) falls on a Sunday, the hours of operation, on December 31, for any facility holding a valid distilled spirits and wine retail drink license, or a malt beverage retail drink license, shall be from 1:00 p.m. to 1:00 a.m. Monday morning January 1. This division does not exempt retailers from observing all other conditions and requirements under any other ordinance or laws of the state.
    (Ord. 2013-08, passed 8-19-13; Am. Ord. 2014-12, passed 9-15-14)
    Statutory reference:
    Sales of distilled spirits or wine, see KRS 244.209
    Sales of malt beverages, see KRS 244.480