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Home My WebLink About2005-11-7028513 ORDINANCE NO. 2005-11-7028 ORDINANCE AMENDING CHAPTER 6, ARTICLE I, SECTION 6-4 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH ENTITLED "OPERATING HOURS FOR RETAIL PREMISES" AND AMENDING ARTICLE II, SECTION 6-40 ENTITLED "FEES", TO PROVIDE FOR THE SALE OF DISTILLED SPIRITS, WINE AND MALT BEVERAGES BY THE DRINK ON SUNDAYS AND IMPOSING AN ANNUAL LICENSE FEE OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR THE SALE OF DISTILLED SPIRITS AND WINE AND AN ANNUAL LICENSE FEE OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR THE SALE OF MALT BEVERAGES BY THE DRINK ON SUNDAYS AND AMENDING ARTICLE II, SECTION 6-35 ENTITLED "REVOCATION; SUSPENSION" TO INSERT SUCH AMOUNT IN LIEU OF SUSPENSION WHEREAS, pursuant to KRS 244.290(4), the legislative body of a City of the second class in which the sale of distilled spirits and wine is permitted, may, by ordinance, permit the sale of distilled spirits and wine by the drink on Sunday from 1:00 p.m. until a closing hour to be established by the Board of Commissioners at hotels, motels, and restaurants which have dining facilities with a minimum seating capacity of one hundred (100) people at tables and which receive at least fifty percent (50%) or more of their gross annual income from their dining facilities from the sale of food; and WHEREAS, pursuant to KRS 244.480(3), the legislative body of a city of the second class may, by ordinance, permit the sale of malt beverages on Sunday, and establish the times in which malt beverages may be sold; and WHEREAS, it is the intent of the Board of Commissioners to authorize the sale of distilled spirits, wine, and malt beverages by the drink on Sundays, subject to the conditions as hereinafter set forth, and to impose a license fee for such privilege; and WHEREAS, it is the further intent of the Board of Commissioners to amend and restate certain city ordinances so as to incorporate such authorization in a meaningful and cogent manner. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Chapter 6, Article I, Section 6-4 of the Code of Ordinances of the City of Paducah, entitled "Operating hours for retail premises", is hereby amended and shall hereafter read as follows: "Sec. 6-4. Operating hours for retail premises. (a) Except as otherwise provided under this section, the lawful operating hours for '° eases under- this chaptef shall be as follows- licensed retail premises under this Article for retail package sales and on -premises consumption of distilled spirits, wine 514 and malt beverages shall only be permitted for each day of Monday through Saturday, and _shall be limited to the following periods of time: Opening Closing License Hour 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 beveragesibeer 6:00 a.m. 3:00 a.m. following day Distilled spirits 6:00 a.m. 3:00 a.m followin g day (b) Paekage sales are prohibited en Stmdajs. On . isemptie sales are prohibited after- 3.00 a.m. on Sundays, emeept as provided her-ein. In weer-dmee with the provisions efKRS 24 290(4) and KRS 244.4 80, ,1 1 in the evei# N ew Year's falls en a c ,1 the eity may permit the sale e f distilled spirits, beer- , ...lt. beverages, and wifie by the drink en said Stmday fr-em 1:00 p.m. tm4i! 3 -00 a.m. the T,-raye dining faeilities with a fninimum seating eapaeity of ene wed (100) peepies at tables; [e at least s+ c n (��--�.eEeYb"er-Ceiit-6r-zixv�vtheir- grvsrannual Deme-ffem the -�f^Erktres-frem the sale of feed. 1;.,,,e,• by the drink lieense f these extended L, All .,leehel sales ., ,.eh b ite.l .1,,, -;ng the hews the polls ., epen f ., rlrim lrv_ regular „keel r speeial 1 +' (b) The sale of distilled spirits, wine, and malt beverages by the drink shall be permitted on Sundays from 1:00 pm. until 10:00 p.m for hotels motels and restaurants which are licensed 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 one hundred (100) people at tables; 515 �9 (2) At least fifty percent (50%) or more of the gross annual income 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 gpplicable Sunday sales license fee. The licensee shall only be permitted to sell such type of alcoholic beverage for which it is licensed. (c) In the event that New Year's Eve falls on a Sunday, hotels, motels, or restaurants which meet the qualifications for Sunday alcohol sales as set forth above shall have the right to sell distilled spirits wine and/or malt beverages by the drink on such Sundays from 1.00 p.m. until 3:00 a.m. the following day. (d) All alcohol sales are prohibited during the hours the polls are open for a primarregular school or special election. (0 (e) 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 (d) (D below. W Q) 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. (Code 1996, § 112.04; Ord. No. 95-7- 5310, 7-11-95; Ord. No. 2000-11-2691, § 1, 11-28-00) SECTION 2. That Chapter 6, Article lI, Section 6-35 of the Code of Ordinances of the City of Paducah, entitled "Revocation; suspension", is hereby amended in accordance with the proposed addition of a Sunday sale of distilled spirits, wine and malt beverage license fee set forth in Section 6-40 of the Code of Ordinances of the City of Paducah, and shall hereafter 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, 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 6-33 or 6-37 of this Code of the city; provided, however, the licensee may have the alternative, 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, brewers and blenders licensees, per day ....... $1,000.00 3 516 (2) Wholesale liquor licensees, per day ......................... 400.00 (3) Wholesale beer licensees, per day .............................. 400.00 (4) Retail drink liquor licensees, per day .......................... 50.00 (5) Retail package liquor licensees, perday ............................. 50.00 (6) Retail beer licensees, per day 25.00 Sunday sale of distilled spirits wine and malt beverages by the drink licensees, per day. 150.00 (7)f�j 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. (3) 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 3. That Chapter 6, Article H, Section 6-40 of the Code of Ordinances of the City of Paducah, entitled "Fees", is hereby amended and shall hereafter read as follows: "Sec. 6-40. Fees. All fees will be collected at the time the application is submitted for approval by the Alcohol Administrator. (a) Malt beverage license. (1) The following kinds of malt beverage licenses may be issued by the City Manager, the annual fees for which shall be: a. Brewer's license............ $500.00 b. Distributor's license...... 400.00 C. Retailer's license........... 200.00 d. Micro brewery license.. 500.00 e. Special temporary lic- ense, per month or part of month ................. 25.00 12 517 f. Sunday sale of malt beverages by the drink license.. 150.00 (2) 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 the license fees required above for a special temporary license. Distilled spirits and wine licenses. (b) P (1) The following kinds of distilled spirits and wine licenses may be issued by the City Manager, the annual fees for which shall be: a. Distiller's license.......... $ 500.00 b. Rectifier's license......... 3,000.00 C. Blender's license.......... 3,000.00 d. Wholesaler's license:.... 3,000.00 e. Retail package license... 1,000.00 f. Retail drink license........ 1,000.00 g. Restaurant wine license.. 600.00 (g)(1) Restaurant wine Renewal ................... 400.00 h. Caterer's license.......... 800.00 i. Riverboat license.......... 1,200.00 j. Horse race track license. 2,000.00 k. Convention center license 2,000.00 1. Special temporary license, per month or part of month......... 165.00 in. Special temporary wine license per month or part of month. 50.00 n. Special private club license 300.00 o. Nonresident, special agent or solicitor's license . 40.00 limitedP. Speeial v uaivas� li.,uer by the dr -i 'lime ......................... P-- Sunday sale of distilled 25.08 spirits and wine by the drink license .................. 150.00 518 (2) The activities permitted by the above licenses are defined in KRS Chapter 243, which is incorporated herein as set out in full. Nonprofit organizations are exempted from license fees required by a special temporary license above. SECTION 4. All prior ordinances or parts thereof, in conflict with the provisions of this ordinance, are to the extent of any such conflict, hereby repealed. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRIS 424. ATTEST: �e Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, October 25, 2005 Adopted by the Board of Commissioners, November 1, 2005 Recorded by Tammara S. Brock, City Clerk, November 1, 2005 Published by The Paducah Sun, November 5, 2005 Ord\6-Alcohol Sales (Sunday) 71725 R