HomeMy WebLinkAbout2016-09-8414197594
ORDINANCE NO. 2016-9-8414
AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6-4,6-7,6-9,6-
31,6-35,
-4,6-7,6-9,6-
31,6-35, AND 6-40 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, this Ordinance amends Chapter 6, Sections 6-4, 6-7, 6-9, 6-31, 6-35, and 6-
40 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 to
conform with amendments to Chapters 241-244 of the Kentucky Revised Statutes regarding
rectifier's licenses, special temporary alcoholic beverage auction licenses, and alcoholic
beverage server training;
WHEREAS, this Ordinance is being enacted to modify the times during which alcoholic
beverages are permitted to be sold on Sunday;
WHEREAS, this Ordinance is being enacted to permit Sunday sales of alcoholic
beverages by the drink for athletic facilities holding a Quota Retail Drink license, by the drink
for licensed distilleries that also hold a Nonquota type 3 license, and in souvenir packages for all
licensed distilleries;
WHEREAS, this Ordinance is being enacted to require wholesalers and distributors to
verify that retailers hold a valid local license prior to selling them alcoholic beverages.
NOW THEREFORE be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. That Section 6-4, "Permissible operating hours," is hereby amended and restated.
to read as follows:
Sec. 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.
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(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 except for souvenir
package sales by distilleries as provided in subsection (g).
(e) Sunday—On-premises consumption at hotels, motels, and restaurants. The retail sale of
distilled spirits, wine, and malt beverages by the drink shall be permitted on Sundays from
11:00 a.m.98 p:nr until 10:00 p.m. for hotels, motels, and restaurants holding a Nonquota
type -2 license, as defined herein, fer the retail sale -e€ distilled spir-tts, w;ne afid4o- malt
beve—F ges by the 'fink; 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.
Sunday—On-premises consumption at distilleries and sports facilities. The sale of distilled
spirits, wine, and malt beverages by the drink shall be permitted on Sundays from 11:00 a.m.
until 10:00 p.m. for licensed distilleries also holding a Nonquota type 3 license and athletic
facilities holding a Quota Retail Drink license; provided such distillery or athletic facility
shall apply for and receive a Sunday sales license and pay the applicable Sunday sales
license fee. The term "athletic facilities" shall be limited to facilities which have a primary
business purpose of providing a venue for competitive or recreational sports such as bowlinL
allies.
(g) Sunday—Souvenir package sales by distilleries. The retail sale of souvenir packages of
distilled spirits, as defined by KRS 241.010(57) shall be permitted on Sundays from 11:00
a.m. until 10:00 p.m. for licensed distilleries in accordance with KRS 243.0305.
(hf) 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 11 a.m.' :nom until 3:00 a.m. the following day.
SECTION 2. That Section 6-7, "Regulation of special temporary licenses," is hereby amended
and restated to read as follows:
Sec. 6-7. - Regulation of special temporary licenses.
The sale of distilled spirits, wine, and malt beverages by the drink shall be permitted on
Sundays from 11:00 a.m.1.90 p.ni. until 10:00 p.m. for licensees holding a special temporary
license or a special temporary alcoholic beverage auction license issued pursuant to KRS ch. 243
and section 6-40 of the Code of Ordinances of the City of Paducah. Provided, however, the
licensee shall only be permitted to sell such type of alcoholic beverage for which it is licensed
and shall comply with all restrictions otherwise placed on said license.
SECTION 3. That Section 6-9, "Alcoholic beverage server training," is hereby amended and
restated to read as follows:
Sec. 6-9. - Alcoholic beverage server training.
(a) All persons employed to sell alcoholic beverages by the drink, those participating in the
selling and serving of or taking orders for alcoholic beverages, shall complete a city -
approved responsible beverage training program. For such a program to be approved by the
city, it must effectively train participants in the identification of false documents,
recognition of intoxication and liability issues. The city will not require enrollment in a
specific class, but only that the training be obtained from a recognized program meeting the
goals presented in this section.
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(b) All license holders employing persons required to complete training under paragraph (a)
above, shall be responsible for all employees completing their training within nn da ,s o
April 24, 2012. Following the 90 day grace period fef eomplianee, any new employees shall
have the r -e fe training within thirty30 t d days after be 7i�, nng
inemployment. All persons
U, -ACTT
completing the training required by this section shall be re -certified in responsible beverage
service training by a city -approved program not less than once every three years thereafter.
Records must be maintained on site verifying employment history and training.
SECTION 4. That Section 6-31, "License required," is hereby amended and restated to read as
follows:
Sec. 6-31. - License required.
No person shall sell or dispense at retail or wholesale, or have in his possession for sale,
any distilled spirits, wine, malt beverages or beer, or manufacture the same in the city, unless he
shall first procure and have issued to him a license under the provisions of this chapter. Prior to
selling alcoholic beverages to a retailer, wholesalers and distributors shall be responsible for
verifying that such retailer holds a valid state and local license.
SECTION 5. That Section 6-35, "Revocation; suspension," is hereby amended and restated to
read as follows:
Sec. 6-35. - Revocation; suspension.
(a) At any time after a license has been issued under the provisions of this chapter, the same
shall be revoked by the City Manager or his designee, if the alcoholic beverage license
issued by the state is revoked.
(b) The City Manager may, in his discretion, order a suspension of the license for any cause
which he may, but is not required to, revoke the license under the provisions of KRS
243.490 and 243.500 or refuse to issue or renew a license under section 6-34 or section 6-37
of this chapter; provided, however, the licensee may have the option, subject to the approval
of the City Manager, to pay in lieu of part or all of the days of any suspension period, a sum
as follows:
(1) Distillers, rectifiers, and brewers and if ,ewes, per day .....$1,000.00
(2) Wholesale liquor licensees, per day .....$400.00
(3) Wholesale beer licensees, per day .....$400.00
(4) Quota retail drink liquor licensees, per day .....$50.00
(5) Quota retail package ljuof licensees, per day .....$50.00
(6) , Nonquota type 1, type 2, and type 3 read -Deer licensees, per day .....$25.00
(7) Nonquota 2 licensees holding a Special Sunday retail drink license, per day .....$150.00
(8) All remaining licensees, per day .....$10.00
(c) Payments in lieu of suspension collected by the City Manager shall be deposited and used as
local alcoholic beverage license tax receipts are deposited and used.
(d) Appeals from orders of suspension and the procedure thereon shall be the same as are
provided for orders of revocation in KRS 243.550-243.590.
(e) The City Manager, on his own initiative or on the complaint of any person, may institute
proceedings to revoke or suspend any license under this section. Revocation or suspension
shall be had only upon five days' notice to the licensee, and an opportunity shall be given to
him to be heard. All such hearings shall be before the City Manager.
SECTION 6. That Section 6-36, "Term of license," is hereby amended and restated to read as
follows:
Sec. 6-36. - Term of license.
Except licenses for special events, temporary licenses, and licenses for alcoholic beverage
producers, wholesalers, and distributors, A licenses requifoa b this ehapter- shall b issue� r
UI31[U
nl periods 4o Fa Febr , ' in eaeh yeafall licenses issued under this chapter shall be valid
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for a period of no more than a year and shall be renewable on February 1 of each year. If the
applicant shall apply for a license to engage in any business authorized by this chapter for a
portion of any annual period, he shall pay the entire annual license fee for such privilege, in the
event the application is made in the period from February 1 through July 31. In the event the
application is made in the period of August 1 through January 31, the applicant shall only be
required to pay one-half of the annual license fee.
Applicants that hold multiple licenses throughout the state and have been prior identified
in the state ABC system as a "batch" licensee, shall be issued a license for an annual period
from September 1 in each year, in order to correspond their local license expiration month with
their state license expiration month. Such applicants, which apply for a license to engage in
any business authorized by this chapter for a portion of any annual period, shall pay the entire
annual license fee for such privilege, in the event the application is made in the period from
September 1 through January 31. In the event the application is made in the period of February
1 through August 31, the applicant shall only be required to pay one-half of the annual license
fee. The July batch license fees are merged with the August batch license fees.
SECTION 7. 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 time the application is approved by the state
Alcoholic Beverage Control Board.
(1) Distilled spirit licenses as set forth in KRS 243.030:
a. Distiller's license:
1. Class A, per annum .....$1,000.00
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-, er- $3,000.00
1. Class A, per annum .....$3,000.00
i. Rectifiers that rectify more than fifty thousand (50,000) gallons of distilled
spirits per calendar year at the premises shall obtain a rectifier's license,
Class A.
2. Class B (craft rectifier), per annum .....$960.00
i. Rectifiers that rectify thousand (50,000) gallons or less of distilled
spirits per calendar year at the premises shall obtain a rectifier's license,
Class B (craft rectifier).
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
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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:
1. Convention center license.
2. Horse track license.
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 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 license is not required.
c. An NQ -3 retail drink license may be issued to:
1. A private club in existence for longer than one (1) year prior to the license
application;
2. A bed and breakfast; or
3. A distiller.
(7) Distilled spirits and win Special temporary alcoholic beverage 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 house or bottling house storage license, per annum .....$1,000.00
(12) Malt beverage licenses as follows:
a. Brewer'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
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 known as "NQ -4") permits malt beverage drink sales
only on the premises.
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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 five 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 main
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 [if] set out in full. Nonprofit organizations are exempted from
license fees required by a special temporary license above.
SECTION 8 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 9 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 10 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.
SECTION 11 EFFECTIVE DATE. This Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
a1A 0, W 4
Cd YOR
ATTEST:
CITY CLERK
Introduced by the Board of Commissioners, August 23, 2016
Adopted by the Board of Commissioners, September 6, 2016
Recorded by City Clerk, September 6, 2016
Published by The Paducah Sun, September 9, 2016
\ord\6-ABC-miscellaneous 9-2016
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