HomeMy WebLinkAbout2014-11-8200178775
CITY OF PADUCAH
ORDINANCE NO. 2014-11-8200
AN ORDINANCE REVISING CHAPTER 6,
T . , ALCOHOLIC BEVERAGES, OF THE
CODE OF ORDINANCES
OF THE CITY OF PADUCAH, KENTUCKY
WHEREAS, the City of Paducah (hereinafter "City" or "City of Paducah") permits the
presence of alcohol manufacturing and sales within its corporate limits so long as such is done
in accordance with all state and federal laws and local ordinances; and
WHEREAS, the City periodically reviews the adequacy of the local regulations and
requirements of the sale and manufacture of alcoholic beverages according to the exigencies of
the City and as necessary for compliance with state licensing and regulatory requirements and
pursuant to the authorization under KRS Chapters 241 through 244; and
WHEREAS, KRS Chapters 241 through 244 were recently amended by the Kentucky
General Assembly; and
WHEREAS, the Board of Commissioners of the City of Paducah now desires to modify
the City's regulations and requirements related to the sale, manufacture, and distribution of
alcoholic beverages in order to comply with applicable state laws; and
WHEREAS, this Ordinance will repeal and supersede certain portions of following
ordinances: Chapter 6, Article I, Section 6-4 and Section 6-5 and Chapter 6, Article II, Section
6-33 and Section 6-40;
NOW THEREFORE, be it ordained by the City Commission of the City of Paducah as
follows:
1. Operating hours for retail premises. Chapter 6, Article I, Section 6-4 shall be stricken
in its entirety and replaced with the following:
Section 6-4. Permissible Operating Hours.
(a) Package Sales and On -Premises Consumption Hours Generally. Except as
otherwise provided under this Section, the lawful operating hours for licensed
retail premises under this Article for retail package sales and on -premises
consumption of distilled spirits, wine and malt beverages shall only be permitted
for each day of Monday through Saturday, and shall be limited to the following
periods of time:
License
Opening Hour
Closing Hour
Package sales:
Malt beverages/beer
6:00 a.m.
12:00 midnight
Distilled spirits
6:00 a.m.
12:00 midnight
On -premises consumption:
Malt beverages/beer
6:00 a.m.
3:00 a.m. following day
Distilled spirits
6:00 a.m.
3:00 a.m. following day
(b) The licensee shall ensure that at the closing hour all patrons shall have vacated the
premises. Operators and their employees engaged in regular and ordinary post-
closing activities may be on the premises during the closed hours, provided that
the licensee has complied with subsection (c) below.
(c) 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 said department is kept locked during the times mentioned above, he shall be
deemed to have complied with this section.
(d) Sunday - Package Sales. Package sales are prohibited on Sundays.
(e) Sunday — On -Premises Consumption. The sale of distilled spirits, wine, and malt
beverages by the drink shall be permitted on Sundays from 1:00 p.m. until 10:00
p.m. for hotels, motels, and restaurants holding a Nonquota 2 license, as defined
herein, for the retail sale of distilled spirits, wine and/or malt beverages by the
drink; provided such hotel, motel, and restaurant satisfy the following conditions:
(1) The dining facility of the hotel, motel, and restaurant has a minimum
seating capacity of 50 people at tables;
(2) At least 50 percent or more of the gross annual receipts from the dining
facilities are received from the sale of food; and
(3) The licensee shall apply for and receive a Sunday sales license and pay the
applicable Sunday sales license fee.
(f) Sunday — New Year's Eve. In the event that New Year's Eve falls on a Sunday,
licensees holding a Nonquota 1, Nonquota 2, Nonquota 3, and/or Nonquota 4
license shall have the right to sell distilled spirits, wine, and/or malt beverages by
the drink, for which they hold a license, on such Sundays from 1:00 p.m. until
3:00 a.m. the following day.
2. Underage persons prohibited on premises licensed for on -premises consumption;
exceptions. Chapter 6, Article I, Section 6-5(c)(1) shall be stricken in its entirety and replaced
with the following:
(c) The prohibition set out in subsections (a) and (b) above shall not apply to licensed
premises:
(1) Which receive 50 percent or more of their gross annual receipts from sale
of food and have a minimum seating capacity of 50 people at tables; or
(2) Which are licensed for the sale of malt beverages or beer, and the licensee
on said premises does not allow any on -premises consumption of alcoholic
beverages.
3. Issuance; standards. Chapter 6, Article II, Section 6-33 shall be amended to include
and additional requirement which shall read as follows:
(8) The applicant has read and executed the form entitled "City of Paducah —
Acknowledgement by ABC Applicant."
4. License Types and Fees. Chapter 6, Article II, Section 6-40(1)(a) shall be stricken in its
entirety and replaced with the following:
a. Distiller's license
1. Class A, per annum: $1,000.00
i. Distillers that produce more than fifty thousand
(50,000) gallons of distilled spirits per calendar year at
the premises shall obtain a distiller's license, Class A.
2. Class B, per annum: $500.00
i. Distillers that produce fifty thousands (50,000) gallons
or less of distilled spirits per calendar year at the
premises shall obtain a distiller's license, Class B (craft
distillery).
5. Severability. If any section, paragraph or provision of this Ordinance shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
6. Compliance With Open Meetings Laws. The City Commission hereby finds and
determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in
full compliance with applicable legal requirements.
7. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the
provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
8. Effective Date. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
TAMMARA S. SANDERSON, CITY CLERK
Introduced by the Board of Commissioners November 11, 2014
Adopted by the Board of Commissioners November 25, 2014
Recorded by Tammara S. Sanderson, City Clerk November 25, 2014
Published by The Paducah Sun December 3, 2014
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