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HomeMy WebLinkAboutOrdinances Book 10, Page 251, No Ordinance NumberAMENDED Pare 251 f. / 1 AN ORDINANCE RELATING TO AIT REGULATING THE GRANTING OF %�° �s•lytr LICENSE FOR SELLIIdG, DISPEPISIPIG, I:1.IIUFACTLRIP?G AND UEALIPIG IPI /� D ALCOHOLIC AND 1i4LT BEVERAGES IN T''E CITY OF PADUCAH, KENTUCKY,' Il UNDER AND PURSUANT TO AN ACT OF THE GENERAL ASSEPIBLY OF THE /SJ/ COL;?,:ONr,T-ALTH OF KENTUCKY ADOPTED AT IRS REGULAR SESSION IPI 1936, 1.7OC.- AS THE "ALCOHOLIC BEVERAGE ", CO_ TROL LAIN' REGULATING THE BUSINESS OF SELLING AT RETAIL Y1='ISIg:Y, l9I1?E, BEER AND OTHER a.¢. - G¢3 ALCGHOLIC AND YALT BEVERAGES; PROVIDi ING FOR THE CiiEATION OF A CITY ALCOHOLIC BEVERAGE AD::INISTRATOR TO BE APPOINTED- THE CTR' :A_IAGER, TO ADi.'INISTER AND ENFORCE THE PROVISIONS HE EOF FOR 'IRE I CITY OF PADUCAH; RPVIDING FOR THE PUIISF.P'ENT FOR THE EIOLATION If OF THE PROVISIONS HEREOF; AND REPEALIIIG ALL ORDIP;A''CES AND PARTS i OF ORDINANCES IPI CONFLICT HERE71ITH BE IT ORDAINED SY T7_E BOARD OF CO1;3.'.TSSTONERS OF THE CITY OF PADUCAH, KEIT`PUCI"f: SECTION 1. No person, firm, association or corporation shall sell or idispense at retail, or have in his possession for sale, any alcoholic or malt beverges, not manufacture or transport the i same in the City of Paducah, unless he shall first procure and have issued to Min a license under the provisions of this ordinance SECTION 2. Any person, firm, association or corporation desiring to obtain a license or permit to sell or dispense at retail or (wholesale alcoholic or malt beverages shall make applicatior_ to tIn City Alcoholic Beverage Administrator for a license to engage in such business, which application shall state the name and Iresidence of the applicant, the exact street address within the I City of Paducah where said beverages are to be sold or d spensed, j I accompanied by the license fee which is required to be paid by 11 this ordinance. Thereupon, if in the judgment of the City C Administrator, the applicant has complied with all requirements of II the "Alcoholic beverage Control Latta", as well as all regulatory i provisions of this ordinance, said license or permit shall be issued. Ili SECTION 3. i ji Whenever the City Administrator -shall order or allow the issuing of any license or permit for tre sale or dispensen; of i alcoholic or malt bevera-es at retail Or t^hOlesale as herein provided, he shall direct the City 'treasurer to prepare and issue said license to such person upon the payment to the Treasurer of th9 I fee required by this ordinance. i SECTION 4. i M Page 252 Every applicant for a license under Sections 5 & 6 of this ordinance shall submit with his application a bond to the 9' C1ry City of Paducah and the Commonwealth of Kentucky in the penal sum ..;2 S-/9Yd of X1000.00, with a corporate surety approved by the City v /e Administrator,c onditioned that such applicant, if granted the license sought, will not suffer or permit any violation of this ordinance, or of the Alcoholic Beverage Control Law, and that all fines and penalties which shall accrue during the time that tYm license shall be in effect will be paid, together with all c osts or tax allowed in any proceeding brought or instituted for such violations. Said bond as to form and substance shall be identical ! with that executed by applicant for state license as required under, Section. 16 of the aforesaid Act of the General Assembly of the Commonwealth of Kentucky, adopted at its regul�:r session if 1934, i and referred to and designated as the "Alcoholic Beverage Control Law.° SECTION 5 I'I For the privilege of selling spirituous, vinous and I malt liquors at retail by the glass for consumption on the premises, I not including beer, the semi-annual license fee required to be paid, i shall be 6,;250.00. SECTION 6. For the privilege of operating a dispensary from vrhich spirituous, vinous and malt liquors are sold at retail by the package for consumption off the premises, the semi-annual i license fee shall be $150.00. SECTION 7. Fcr the privilege of selling beer at retail by the glass or bottle, either for consumption on or off the premises, the semi_I annual license fee required to be paid shall be N30.00. SECTION S. For the privilege of storing, transporting and selling $`SL_ �a_iyy/'' spirituous, vinous and distilled spirits at wholesale, the semi - j° annual license fee shall be Q 500.00. _J� 6113 SECTION 9. For the privilege of storing, transporting and selling ! malt liquir and beer at wholesale, the semi-annual license fee shall be . 100.00. i SECTION 10. For the privilege of rectifying, blending or flavoring i' spirituous liquor, the semi-annual license fee shall be %?250.00. SECTION 11. For the privilege of distillin;� spirituous liquor, manufacturing vinous or malt liquor, the semi-annual license fee Page 253 I shall be 6500.CO. SECTIO14 12. .' L'cense fees in the amounts as herein provided shall be charged for each location in whkch any person, firm, association or corporation engages in any classification of business authorized! I under this ordinance, and if more than one classification of business is conducted at any location, a license shall be charged for each of the privileges exercised. Provided, however, that if any ,. person, firm, association or corporation shall apply for a license i to sell at retail and by the drink for consumption on the premises„ spirituous, vinous or malt liquors, excluding beer, and shall also apply for a license to operate at the sane business location. a it dispensary from which spirituous, vinous and malt liquors are to be dispensed in packages and not to be drunk on the premises, the semi-annual license fee for the privilege of conducting I both classifiEations of business shall be "375.00. SECT 7O:r 13. The first license issued under this ordinance shall be for a period of six (6) months beginning July 1st, 1940, and said license shall be issued for semi-annual periods from the lst day of July to the 31st day of December, both inclusive, and from the I lst day of January to the 30th day of June, both inclusive, in each year. If an applicant shall apply for a license to engage in any i business herein authorized for a portion of said semi-annual period he shall pay the entire semi-annual license fee for such provileee, and no license shall be granted under this ordinance for a less period of time than six (6) months. I� SECT TO' -Every license or permit as herein provided shall be for the ii semi-annual period for which the fee is paid, and fnr vrnich the j I iI same has been authorized by the City Alcoholic -'everage ! Administrator, and the bond given for each license shall cover only the period of time for which said license is issued. Renewal licenses shall be issued in exactly the same manner as original II licenses, both as to application therefor and the e.cecution of bond as herein provided. Licenses under this ordinance shall not be transferable, nor shall they authorize the carrying on and conducting of business in any other place than that specifically ' described in the license. All licenses hereunder shall be issued by the City Treasurer at the order and direction of the City Alcoholic Beverage Alministrator, and shall be eaacuted in such :Wanner that the City treasurer will retain an enact duplicate of facsimile thereof, vihich shall remain In his office and be and the Page 254 same is hereby declared to be a public record. SECTION 15 All monies derived from license taxes or from fines as herein provided, and all monies derived from the forfeiture ! �1 of bonds,.shall be paid into the Treaaury of the City -and become a li patt of the general funds of the city. h � it SECTIOPi 16. li The sale of alcoholic and malt beverages being of I I such nature tor equire the exencise of police power in controlling and regulating the same, it shall be uilawful at all places withini the City of Paducah selling or offering for sale alcoholic or malt I beverages, to screen the doors or windows or to anywise obstruct the view into such places from the outside, and no booths within I i such places of business shall be curtained,s creened or concealed by doors, shutters, partitions or other devices, or so constructed i as to prevent in any way the unobstructed view in or to such IJ places or booths. i n 7kAIRy4 SECTION 17. / No premises for which there has been granted a license for the sale at retail of alcoholic liquor or beverages shall be s permitted to remain open for any purpose between the hours of 12:0,0 . o'clock midnight and 8:00 o'clock A.',I. on any week day, or at r6 S anytime during the twenty-four hours of a Sunday, or until 4:30 I o'clock P.M. on any election day, and no premises for which there) has been granted a license for the sale at retail rhf malt bever- ages and beer shall be permitted to remain open for any purpose between the hours of 1:00 o'clock A.M. and 6:00 o'clock A.M. on an week da or at anytime during the twenty-four(24) Y Ya Y ohours i i li of a Sunday, or until 4:30 o'clock P.M. on any election day. i �I Provided, however, that if a licensee .provides a separate department within his licensed premises capablo of being locked and closed off, within which is kept all stocks of alcoholid. liquor or malt beverages, including beer, and all fixtures and r apparatus connected with his business as such licensee, and said I department is kept locked during the times mentioned above, he shall I be deemed to have complied with this section. SECTION 18. No p; rson under the age of 21 years shall be permitted Q (� within any place of business wherein alcoh311c beverages are sold' at retail unless such person is accompanied by his or her parent SdwQry a-°�,'�%9,5e�,� or parents, nor shall any minor or person under the age of 21 �fO years be employed within, about or in connection with any place of business where intoxicating liquor or beverages are sold by the drink. It shall also be unlawgul for any person licensed Page 255 i to sell alcoholic beverages at retail to sell, deliver, or -ive away any alcoholic' beverages, or procure or permit any alcoholic beverages to be sold, given away or delivered to a minor, or an intoxicated person or a person actually or apparently under the ,,influence df liquor, or to an habitual drunkard, or to any one known to the seller to have been convicted of a felony or con- victed of any misdemeanor or offense attributable directly or indirectly to the use of intoxieating liquors. SECTION 19. It shall be unlawful £ or any person, company or .,eorpo:•ation ;'which may bd authorized to sell at retail any of the beverages mentioned and described in Sections 5, G and 7 to permit, or himself rrengage in the use of profanity or disorderly conduct o�a the premises ,,where such business is being conducted, or who permits or himself engages in the drinking of alcoholic liquor where a license for the sale. of alcoholic liquor by the package only is held, or who I permits or engages in the drinking of intoxicating liquor on the premises where a license for the sale of beer or malt beverages i I only is held. Every person, firm or corporation procuring a license to sell at retail any of the beverages mentioned and I described in s aid sections shall be regi:ibed to conduct said a business in a decent and orderly manner and the right is reserved to the City Alcoholic Beverage Admin'strator to .revoke such license or licenses at any time upon the violation of this section.. i SECTION 20. The City Alcoholic Beverage Administrator shall refuse to issue a license if the applicant therefor or the premises for which I same is sought do not fully comply with all of the terms and oro - visions of the aforesaid "Alcoholic Beverage Control Lata," or with the rules and regulations of the Alcoholic Beverage Board or of any seftion of this ordinance relative to the regulation of the manufacture, sale and trasnportation of 41coholic and malt beverages or if the applicant shall have done any act for which a revocation. of license would be authorized under ,the Statutes of the Commonwealth or under this ordinance. In addition to the foregoing causes for refusal of the City Alcoholic Beverage Administrator to issue a license to en age in the . business of selling and dispensing of alcoholic or malt bevera,as at retail, no license shall be issued to any applicant who has not fonducted his business in a decent and orderly manner, or if such applicant or any former occupant of the premises for which a license Page 256 i; is sought, within twelve months prior to the date on which applica- I tion therefor is made, has beenconvicted of or paid, a fine for the: violation of any criminal or penal laws within the City of Paducah. No such license shall be issued to any applicant who has, within twelve months prior thereto, permitted or allowed disorderly conduct in and about said place of business to be carried on br persons visiting, patronizing or being in or around such place of business, and to disturb and violate the -good -order of the Community where said businesses are conducted. It is hereby deemed and declared i to be to the imterest of public welfare that licenses should not i be granted to persons known to be disorderly, or known to conduct j i j disorderly places of business, or who are known to promote, I I encourage or engage in disorderly conduct in or around their places of business, and the City Administrator shall, in the exercise of II his sound discretion, refuse to issue such license to any persons knovrn to be disorderly or to conduct indecent or disorderly j places of buslr_ess, or whose crimir:al records are such as to make I it unsafe Cr undesirable for them to engage in the business of I selling or dispensing of alcoholic liquors and beverages as contemplated in this ordinance. SEC T-1. 21. I At any time after a license shall have been issued i under the provisions of this ordinance, the same shall be revoked by the City Alcoholic Beverage Administrator if the licensee I violates any of the provisions of the aforesaid "Alcoholic Beverages Control Law" or any provision of this ordinance, and he may revoke' any license for causes for v,•hic# such license may be refused as provided in the foregoing sectior..X'iihen any license is refused, I revoked or suspended, the City Administrator shall comply. with I all of the rules of procedure governing the rights of the parties as set out in the provisions of the Statutes of the Commonwealth of Kentucky now in effect relating to the regulation of the manu- facturer, sale and transportation of alcoholic and malt beverages. REPEALED LED SECTION 22. That the City Manager be, and he is hereby authorized to appoint a City Alcoholic Beverage Administrator for the City of Paducah, Kentucky, said City Administrator to have full and i 3a complete charge of the enforce of the provisions of this ordinance. The functi Yowers and duties of said City Ad - i iaistrator shall be the stone, with respect to city licenses and i regulations, es the functions, powers and duties of the State Alcoholic Beverage Control Board with respect to state licenses Pa8a 257 .riand regulations. He shall be an employee of the City of Paducah and may be removed at any time. I� SECTION 23. Before entering upon his duties as such the City Alcoholic Beverage Administrator shall�x/ecute a bond with good corporate surety in a penal s sy}�"less than ;1000.00 for the faithful performance of his duties and a satisfactory account.ing of all monies received and disbursed by him as such: SECTION 24. The person who shall be appointed as City Alcoholic Beverage Administrator for the City o Peqrcah shall be paid for his services the sum of n12�V-As per month, said salary to 1_,o apdi to hir: at the sarne time and in the sarre manner as other employees ¢ said City are paid. SECTIO^' 25. Any person who, by himself or acting through another, shall violate any of ti e. provisions of this ordinance, s hall upon conviction be fined not less than Fifty (?,50.00 Dollars not more than One Hundred ('-;',100.00) Dollars, or confined in the city jail not less than ten (10) days nor more than thirty (30) days, or both sofined and imprisoned; provided, that in case the offender be a corporation, joint stock company association or fiduciary, then the principal officer and/or the officer or officers responsible for such violation may be punished by such imprisonment. SECTION 2E. IE any section, part of section sentence, clause or phrase of this ordinance shall be held to be unconstitutional or invalid, the remaining provisions hereof shall nevertheless remain in full force and effect. SECTIOiv 27. All ordinances and parts of ordinances in conflict here,;rith are hereby expressly repealed. ,Y�a',-' Page 258 I �I SECTION 28. it T;iis ordinance shall be in full force and effect on aizd after July 1st, 1940. ? L:a—yor Passed by the Board of Commissionerz 1.ay 14, 1940 Recorded by Rudy Stewart, City Clerk, L?ay 15, 1940.