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222.990 Penalties.
(1)
(2)
(3)
(4)
(5)
Any licensee or other person operating a private facility who fails to furnish any
such data, statistics, schedules or information as required, or who files fraudulent
returns thereof shall be subject to a fine of not more than five hundred dollars
($500).
Whoever knowingly establishes or maintains a private facility without a license
granted pursuant to this section shall, for a first offense, be subject to a fine of not
more than five hundred dollars ($500) and for each subsequent offense by a fine of
not more than one thousand dollars ($1,000) or by imprisonment for not more than
two (2) years, or both.
A person guilty of alcohol intoxication, or drinking alcoholic beverages in a public
place shall, for a first or second offense be fined not less than twenty-five dollars
($25).
A person guilty of alcohol intoxication, or drinking alcoholic beverages in a public
place, shall for a third or subsequent offense within a twelve (12) month period be
fined not less than twenty-five dollars ($25) nor more than one hundred dollars
($100), or be imprisoned in the county jail for not less than five (5) nor more than
ninety (90) days, or both. Subsequent offenses not within the twelve (12) month
proscription of this section shall be dealt with under subsection (3) of this section.
In addition to any other penalty prescribed by law for violation of subsections (1)
and (2) of KRS 222.202, the court may sentence the person to an alcohol or
substance abuse treatment or education program subject to the following terms and
conditions for a third or subsequent offender:
(a) The sentence shall be for a period of up to six (6) months and the program
shall provide an assessment to the court of the defendant's alcohol or other
substance abuse problems.
(b) Each defendant shall pay the cost of the treatment or education program up to
his ability to pay but no more than the actual cost of the treatment.
(c) A defendant may upon written recommendation to the court by the
administrator of the program, be released by the court prior to the expiration
of the six (6) month period.
(d) Failure to complete the treatment program or to pay the amount specified by
the treatment program shall constitute contempt of court and the court may, in
addition to any other remedy for contempt, reinstitute all penalties which were
previously imposed but suspended or delayed pending the completion of
treatment or education program.
Effective: July 1, 1986
History: Amended 1986 Ky. Acts ch. 336, secs. 2 and 3, effective July 1, 1986. -Created 197 Ky. Acts ch. 266, sec. 6, paras. (5) and (7).
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