HomeMy WebLinkAbout2021-04-8685CITY OF PADUCAH
ORDINANCE NO. 2021-04-8685
AN ORDINANCE ESTABLISHING AN ENTERTAINMENT
DESTINATION CENTER IN THE DOWNTON OF PADUCAH AND
FURTHER DIRECTING THE CITY OF PADUCAH TO APPLY FOR AN
ENTERTAINMENT DESTINATION CENTER LICENSE FROM THE
COMMONWELATH OF KENTUCKY DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL AND FURTHER ESTABLISHING THE
REQUIREMENTS FOR LICENSEES TO SELL ALCOHOLIC
BEVERAGES WITHIN THE ENTERTAINMENT DESTINATION
CENTER.
WHEREAS, KRS 243.030(21) authorizes the issuance of an Entertainment Destination
Center (EDC) License by the Commonwealth of Kentucky Department of Alcoholic Beverage
Control; and
WHEREAS, the City meets the requirements under KRS 243.030(21) and 804 KAR
4:370 to enact an EDC; and
WHEREAS, the City seeks to create an EDC within its downtown for which it shall
apply for and obtain a license from the Commonwealth of Kentucky Department of Alcoholic
Beverage Control; and
WHEREAS, the Entertainment Destination Center will build upon 20 years of
revitalization and redevelopment initiatives for our historic Downton and riverfront; and
WHEREAS, in addition to the Artist Relocation Project, Completion of Flood Wall
Murals, Riverfront Development Plan, Renaissance Area Master Plan, Transient Boat Dock,
Schultz Park, Paducah Main Street and Downtown Development Grants, Paducah Commons
Small Area Master Plan, Greenway Trail, Opportunity Zones, BUILD Grant: Leveraging
Connectivity, City Block Redevelopment Project and Town Square, and Paducah Tax Increment
Finance District, the creation of an EDC in downtown Paducah will aid in the economic growth
of tourism in the City; and
WHEREAS, the Entertainment Destination Center is a catalyst project that will draw
people to our Downtown, strengthening our existing local businesses and attracting new
businesses and entrepreneurs; and
WHEREAS, a newly established Entertainment Destination Center will boost our
restaurant and hospitality industries by allowing customers to take to -go drinks and stroll our
historic streets, browse the windows of our local boutiques, watch the towboats on the water, and
partake in outdoor events; and
WHEREAS, the City further seeks to establish the requirements for a licensee to sell
alcoholic beverages within the EDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY, AS FOLLOWS:
Section 1. A new Article shall be created in Chapter 6 of the City of Paducah, Kentucky Code of
Ordinances which shall be titled "Entertainment Destination Center" to state as follows:
The geographical boundaries of the Entertainment Destination Center (EDC) in the City
of Paducah lies within the followingdescription:
CITY OF PADUCAH
ENTERTAINMENT DESTINATION CENTER (EDC) BOUNDARY DISTRICT
LEGAL DESCRIPTION
An area to be known as the EDC containing 109.40 Acres located on the northeasterly side of the
City of Paducah on the banks of the Ohio River and more particularly bounded and described as
follows:
Beginning at a point in the centerline intersection of South 3rd Street and Clark Street in the City of
Paducah, said point being the southernmost corner of the herein described tract; THENCE FROM
SAID POINT OF BEGINNING and running in a northwesterly direction with the centerline of
South 31 Street, N 24156'04" W a distance of 823.53 feet to a point in the centerline of Kentucky
Avenue; thence with the centerline of said Avenue and in a southwesterly direction S 65°01'01" W
a distance of 490.16 feet to a point, said point being approximately 72 feet and perpendicular from
the intersection of said Avenue and South 41 Street; thence running parallel with South 4' Street
N 24°31'24" W a distance of 315.49 feet to a point that is located approximately 100 feet from
centerline of Broadway Street as measured perpendicularly; thence running parallel with said street
S 65°39'29" W a distance of 338.10 feet to a point in the centerline of South 5' Street; thence
running with the centerline of said street and passing Broadway Street, N 24°21'17" W a distance
of 159.42 feet to a point in the centerline of said North 51 Street and being approximately 65 feet
from Broadway as measured perpendicularly; thence running parallel with said street N 63°54'02"
E a distance of 286.85 feet to a point that is approximately 118 feet from the centerline of North 4'
Street as measured perpendicularly; thence running parallel with said street N 24°43'58" W a
distance of 1581.32 feet to a point in the centerline of Harrison Street; thence running with the
centerline of said street N 64021'50" E a distance of 328.59 feet to a point, the centerline intersection
of said street and North Loop Road; thence running with the centerline of said road N 56°49'34" W
a distance of 405.28 feet to a point, the centerline intersection of said street and North 4'h Street;
thence running with the centerline of said street N 25014'12" W a distance of 467.63 feet to a point
in the centerline of Park Avenue; thence running with the centerline of said Avenue S 6692'55"
W a distance of 419.55 feet to a point, the intersection of said Avenue with North 5' Street; thence
running with the centerline of said street N 25°28'35" W a distance of 479.63 feet to a point, the
approximate end of North 5' Street; thence running approximately with the Paducah Flood Wall N
42°37'23" W a distance of 314.75 feet to a point; thence N 32°04'21" E a distance of 191.80 feet to
a point; thence N 78°38'47" E a distance of 177.92 feet to a point; thence running parallel with the
Ohio River S 68°10'58" E a distance of 301.20 feet to a point; thence continuing parallel to said
river S 61°31'34" E a distance of 346.19 feet to a point; thence encompassing the Old Showroom
Lounge on the Paducah Riverfront for the following three calls: N 39°00'43" E a distance of 194.23
feet to a point, S 46°28'13" E a distance of 164.54 feet to a point, and S 39°34'22" W a distance of
83.65 feet to a point; thence with the top of bank and parallel with said river S 52°36'04" E a
distance of 568.53 feet to a point; thence continuing with top of bank and said river S 48°31'28" E
a distance of 582.81 feet to a point; thence following the 302 foot contour around Schultz Park per
Plat recorded in Section M, Page 1260 in the McCracken County Clerk's office for a distance of
1,426.62 feet to point on the top of the bank, thence; thence with the top of bank and parallel to
said river for the following four calls: S 42°01'21" E a distance of 369.35 feet to a point, S 38°37'41"
E a distance of 248.00 feet to a point, thence S 30°35'58" E a distance of 312.27 feet to a point, and
S 27°14'19" E a distance of 362.21 feet to a point in the extended centerline of Kentucky Avenue;
thence running with said centerline S 66°44'28" W a distance of 179.53 feet to a point that is 30
feet from South Water Street as measured perpendicularly; thence running parallel with said street
S 25°26'27" E a distance of 372.43 feet to a point; thence S 50010'24" W a distance of 34.07 feet
to a point in the centerline of said street; thence running with the centerline of said street S
12°29'44" W a distance of 360.02 feet to a point; thence S 02°44'09" E a distance of 160.97 feet to
a point in the centerline of Clark Street; thence running with centerline of said street S 64°54'20"
W a distance of 547.91 feet to a point; the point of beginning, having an area of 109.40 acres.
This description was prepared for establishing the City of Paducah EDC Area only and is not to be
used for the conveyance of real property. Bearings and distance have not been verified via field
survey.
Certain public spaces including, but not limited to, the Lowertown residential areas are
excluded from the EDC licensed premises. A map of the EDC is attached hereto as
"Exhibit A " and incorporated fully herein.
Section 2. A new section shall be created in Chapter 6 of the City of Paducah, Kentucky Code of
Ordinances to state as follows:
(a) The City of Paducah shall apply to the Commonwealth of Kentucky Dpartment of
Alcoholic Beverage Control for an EDC license and shall be the listed licensee.
(b) The City Manager for City of Paducah shall serve as the administrator of the EDC
license.
(c) An ABC licensee that is located within the EDC and which sells alcoholic beverages
shall be required to hold the necessary alcoholic beverage license or licenses for its
premises. Only the applicable existing retail drink licenses are required by the State
for an ABC licensee to participate in the EDC. There is no additional license
required by the State for a business to operate within the EDC.
(d) To participate in the EDC, an ABC licensee must submit a written application to the
City Manager. After verifying that the ABC licensee has met all of the requirements
of the EDC, the City Manager shall enter into a written agreement with the ABC
licensee to permit their involvement in the EDC.
(1) All ABC licensees approved by the City Manager to operate within the EDC
must enter into a written agreement with the City in which ABC licensee
agrees to indemnify City and hold Cittiharmless for any incidents which
occur as a result of the ABC licensee operating within the EDC, as well as
namingthe he City as an additional insured on the ABC licensee's Liquor
Liability Insurance Policy and provide the City a written certification
evidencing same.
(2) All ABC licensees approved by the City Manager to operate within the EDC
must pay ate,'
(3) All ABC licensees approved by the Cjjy Manager to operate within the EDC
must provide supplemental training to all servers and bartenders employed
by the ABC licensee. The purpose of this supplemental training will be to
educate the employees of the additional regulations the business is subject to
as part of the EDC. Proof of this required additional training must be
submitted to the City Clerk's Office on or before July 15 of each
(4) Any EDC Agreement shall automatically terminate upon transfer of the
ownership of the EDC licensee. Upon such termination new ownership will
be required to reapply for an EDC license if they desire to participate in the
EDC.
(5) If permission to participate in the EDC is denied by the Ci Manager,the
ABC licensee may file an appeal of the decision to the Board of
Commissioners who will conduct a hearing as to whether to uphold or
overturn the decision of the City Manager.
(e) During EDC operational hours, customers may leave the premises of an ABC
licensee with alcoholic beverage drinks and consume those drinks in any
entertainment destination center common area or at other licensed EDC premises
within the EDC, if permitted by the ABC licensee if the City
(1) Possesses the common area;
(2) Provides adequate security for the common area;
(3) Ensures that the public streets are controlled in a manner that ensures public
safety and pedestrian protection from vehicular traffic; and
(4) Has granted written permission for the conduct to participating ABC licensee
and has a signed agreement with the City to conduct these activities
(f) An ABC licensee shall hold all necessary licenses to sell alcoholic beverages within
the EDC on Sundays, if they plan to participate within the EDC on Sundays
(g) Participating ABC licensees may prohibit customers from entering their premises
with an alcoholic beverage purchased form a different ABC licensee
(h) Patrons are prohibited from taking alcoholic beverages outside the physical
boundaries of the entertainment destination center.
(i) Any drinks that are removed from the premises of an ABC licensee participating in
the EDC shall be in a City of Paducah Entertainment Destination cup which shall
meet the requirements of the City regarding the type and design of the cup These
cups shall be purchased by Licensee.
(j) In no event shall patrons be permitted to bring any alcoholic beverages purchased
outside of the EDC into the EDC.
(k) Operational Hours: Operational hours of the EDC shall be from 6:00 a m until 12.00
a.m. and shall run from Sunday through Saturday. These hours are currently
consistent with the operating hours for City of Paducah parks.
(1) Special Events: Alcohol regulations for festivals still apply. The City retains its
discretion to apply additional conditions to EDC licensees and to amend district
operations during a special event.
(m) Nothing in this ordinance shall be construed to prohibit minors from entering g the
EDC common areas.
(n) License Revocation: All EDC licensees shall agree that they are aware their EDC
license may be revoked by City with 24 hours' notice upon a finding by the City
Manager, as EDC Administrator, that the EDC licensee has violated any terms or
conditions of the EDC Ordinance, the EDC Agreement entered into by the parties or
any federal, state, or City laws. The EDC Licensee is also aware that the EDC
license may be revoked by the City Manager, if the EDC licensee is convicted of
serving alcohol to a minor. The EDC licensee may appeal this revocation to the
Board of Commissioners within seven (7) days of the notice of revocation If EDC
licensee fails to appeal a license revocation within the time frame set forth herein,
such decision shall not be subject to further review.
Section 3. A new section shall be created in Chapter 6 of the City of Paducah, Kentucky
Code of Ordinances which shall be titled "EDC Fees" and to state as follows:
(a) All ABC licensees participating in the EDC shall be required to pay a yearly_ fee to
City of Two Hundred Fifty Dollars and no/100 ($250.00). This payment shall be due
and payable on or before July 15 of each year.
Section 4. 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 5. This ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to KRS Chapter 424.
GEORGE BRAY, MAYOR
ATTEST:
CLERK l
Introduced by the Board of Commissioners, April 13, 2021
Adopted by the Board of Commissioners, April 27, 2021
Recorded by City Clerk, April 27, 2021
Published by The Paducah Sun ApZLL 28 , 2021
ORD\Entertainment Destination Center Alcohol Ordinance 4-21
�— Ordinance prepared by A. Blackwell — Denton Law