The URL can be used to link to this page

Home My WebLink About2016-08-8403197514 ORDINANCE NO. 2016-8-8403 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II, SECTION 6- 33, "ISSUANCE; STANDARDS," AND SECTION 6-40, "LICENSE TYPES AND FEES," OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 6, Article II, Section 6-33 "Issuance; Standards" and Section 6-40 "I.,icense Types and Fees" of the Code of Ordinances of the City of Paducah, Kentucky, which regulate licenses to sell or manufacture alcoholic beverages; and WHEREAS, this Ordinance is being enacted pursuant to the passage of Senate Bill 11 during the 2016 Regular Session of the General Assembly of the Commonwealth of Kentucky, which amends KRS 241.010, 243.0305, and 243.086 to allow a licensed distillery or a "bed and breakfast" business to obtain a Non -Quota Type 3 Retail Drink License. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Section 6-33, "Issuance; standards," is hereby amended and restated to read as follows: Sec. 6-33. Issuance; standards. All licenses required by this chapter shall be issued by the City Treasurer at the order and direction of the City Manager or his designee. If, in the judgment of the City Manager, the applicant for a license under this chapter has complied with all requirements of the state alcoholic beverage control laws, as well as the regulatory provisions and standards of this chapter, the license shall be issued.. In such case, the City Manager or his designee shall direct the City Treasurer to prepare and issue the license to the applicant upon payment to the Treasurer of the fee required by this chapter. The standards for the issuance and renewal of all licenses required by this chapter shall be as follows: (1) The applicant: has complied with all requirements of the state alcoholic beverage control laws. (2) The applicant has complied with all regulatory provisions and standards of this chapter. (3) The applicant has been issued an occupational business license and has paid all fees and taxes as required by same. (4) The applicant has been issued all permits required by state law to operate the applicant's business on the licensed premises and, if applicable, has provided a copy of the applicant's permit issued pursuant to KRS Chapter 219. (54) The applicant has paid all fees and taxes as required under chapter 106 of this Code. 495 (6-5) The applicant has paid all city ad valorem taxes which are due and payable against the real property where the applicant's business is to be conducted and where alcoholic beverages are to be sold or dispensed. (7) If applicable, the applicant has paid all transient room taxes required by KRS 142.400 and has provided proof of such payment. (8b) The applicant has paid all fees as required gander this chapter. (9-7) The applicant has paid all city property maintenance liens due and payable against the real property upon whicb the applicant's business is to be located and where alcoholic beverages are to be sold or dispensed. (10-9) The applicant has read and executed thetzrm entitled "City of Paducah— Acknowledgement by ABC Applicant." SECTION 2. That Section 6-40, "License types and fees," is hereby amended and restated to read as follows: Sec. 6-40. - License types and fees. All fees due to the city will be collected at the; tithe the application is approved by the state Alcoholic Beverage Control Board. (1) Distilled spirit licenses as set forth in KRB; 243.030: 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 thousand (50,000) gallons or less of distilled spirits per calendar year at the premises shall obtain a distiller's license, Class B (craft distillery). b. Rectifer's license, per annum .....:$3,000.00 C. Wholesaler's distilled spirits and wine license, per annum .....$3,000.00 d. Quota retail package license, per annum .....$1,000.00 (2) Quota retail drink license, per annum .....'$1,000.00 (3) Special temporary license, per event .....:'$165.00 (4) Nonquota type 1 retail drink license, per annum .....$2,000.00 a. Nonquota type 1 (also known as "NQ -1 ") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits, wine, and malt beverages by the drink. A second retail malt beverage license is not required. C. NQ -1 licenses incorporate the following former license types: M L Convention center license. 2.. Horse track license. 497 3. Automobile race track license. 4. Air/rail system license. (5) Nonquota. type 2 retail drink license, per annum .....$1,000.00 a. Nonquota type 2 (also known as "NQ -2") retail drink licenses are T combination licenses. b. The holder of a combination license may sell distilled spirits, wine, and malt beverages by the drink. A second retail malt beverage license is not required. C. NQ -2 licenses incorporate the following former license types: 1. Restaurant drink license. 2. Motel drink license. 3. Restaurant wine license. 4. Airport drink license. 5. Riverboat license. (6) Nonquota type 3 retail drink license, per annum .....$300.00 a. Nonquota type 3 (also known as "NQ -3") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits, wine, and malt beverages by the drink. A second retail malt beverage lick,rise is not required. C. An"NQ-3 retail drink license -s may be issued to'ce te-ih following for-mef Neense type* 1. A private club in existence for longer than one (1 ) year prior to the license application;Sia' private elub lieense 2. A bed and breakfast; or 3. A distiller. d. An NQ -3 qualifying as a special private club may not hold a nonquota retail malt beverage package license. (7) Distilled spirits and wine special temporary auction license, per event .....$200.00 (8) Special Sunday retail drink license, per annum .....$300.00 (9) Extended .hours supplemental license, per annum .....$300.00 (10) Caterer's license, per annum .....$800.00 (11) Bottling hoiis-e or bottling house storage license, per annum .....$1,000.00 (12) Malt beverage licenses as follows: a. B -ewer's license, per annum .....$500.00 b. Microbrewery license, per annum .....$500.00 C. Malt beverage distributor's license, per annum .....$400.00 d. Nonquota retail malt beverage package license, per annum .....$200.00 497 1. A nonquota retail malt beverage package license permits malt beverage package sales only for consumption off the premises. e. Nonquota type 4 retail malt beverage drink license, per annum .....$200.00 1. A nonquota type 4 (also knowcb. as "NQ -4") permits malt beverage drink sales only on the premises. f. Malt beverage brew -on -premises, per. annum .....$100.00 (13) The fee for each of the first five supplemental bar licenses shall be same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of :live to the same licensee at the same premises. a. A supplemental bar license authorizes the licensee to sell and serve distilled spirits and wine by the drink at retail from an additional bar location other than the maim bar. (14) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink: license for a fee of $50.00. The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of $50.00. (15) The activities permitted by the above licenses are defined in KRS ch. 243, which is incorporated herein as [ifJ set out in full. Nonprofit organizations are exempted from license fees required by a special temporary license - above. SECTION 6. 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. SECTION 7. 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. SECTION 8. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extern 't of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 9. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. 498 Introduced by the Board of Com.n.i.issioners, August 9, 2016 Adopted by the Board of Commissioners, August 16, 2016 Recorded by City Clerk, August 16, 2016 Published by The Paducah Sun, august 18, 2016 \ord\6-33 & 6-40 — Nonquota 3 e