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Home My WebLink AboutCCMPacket2013-10-22ROLL CALL INVOCATION — CITY COMMISSION MEETING .AGENDA FOR OCTOBER 22, 2013 5:30 P.M. PLEDGE OF ALLEGIANCE — Lille Burba — PTHS Senior PROCLAMATION — Pancreatic Cancer Awareness Month PRESENTATION — (1) Dragon Boat Festival Update —J. HARRIS (2) Health Insurance for 2014 — G. CARLTON ADDITIONSIDELETIONS I. MINUTES — — - I II. MOTIONS i A. R & F Documents + Ili. MUNICIPAL ORDERS Health Insurance PremILIMS for 2014 - C. MEDFORD IV. ORDINANCES - ADOPTION A. Contract ith Convention Center Corporation -CITY .NIGR N. ORDINANCES - INTRODUCTION A, Health [nsurance Administrative SzEvices 201=4 - C. MEDFORD I B. [Iealtl7 rnsurance Stop Loss Agreement - C. MEDFORD ' C. Abolish &. Recreate Alcoholic Bevuuge Ordinance to Reflect State I Legislative Update - CITN' CLERK N,T CIT'i' MAN_iGER REPORT 'I-II. MAYOR & CONIMISSIONER COMMENTS N'1II. PUBLIC COMMENTS IN. EXECUTIVE SESSION OCTOBER 22, 2013 I more that the following documents be received and filed: DOCUMENTS Insurance Certificates: a. I%itts Plumbing Contractors, Inc. b. Brookshire Concrete Construction Agreements/Contracts: a. License Agreement with Paducah & Louisville Railwa) for permission and license to use the corner of Martin Luther King Drive and North 9"' Street, located in Paducah, Kentucky b. Agreement to Employ Brandon Barnhill as Paducah Police Chief Agenda Action Form Paducah City Commission Meeting Date: November 5, 2013) Short Title: Health insurance Benefit Plan Premiums for 2014 ❑Ordinance ❑ Emergency ❑ Nfunicipal Order ❑ Resolution I❑ Motion Staff Work By: Cindy Medford. Greg Carlton Presentation By: Cindy :Medford Background Information: The following reflect the recommended monthly health insurance premiums by plan for the 2014 Calendar year. These are the rates presented earlier by Greg Carlton, Peel and Holland which are flat to last year. These premiums allow us to keep our grandfathered status Which offers protections to both the employer and the employee and allow us to maintain an acceptable escrow level to cover expected claims and plan costs. Dental and Vision premiwns are also held flat again this year. Health Insurance: Investor Plan ❑ Monthiv Pi•enliunz Elite Plan i•Iouthh Premium Employee S 781 Employee-- S 856 Employee:'Spouse S 969 EmployeelSpouse 51,139 Employee Child S 825 Employee Child S 974 Family S 1, l l8 — Family S 1 3 l9 Dental Premium: Proposed Vision Premium: __Proposed Delta Dental Monthly Premium Avesis Vision Care _ M011011 Premiurif Employee S22.32 Employee I S 6.91 Employee Spouse I 545.54 _ Employee: Sponse S 13.2)3 ---- Employee Child 547.62 Employee Child S12,58 Family S77.48 _ Family S18.45 Goal: ❑Strong Economy ❑ Quality Seri ices❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: E Account NUmber: Finance Staff Recommendation: Approve the above listed premium; for Health lnsuratice. and the unchanged premiums for Dental and Vision. Attachments: Department Head Cit- Clerk City Manager �IUN[C[PAL ORDER NO. A iMUNICIPAL ORDER ,APPROVING AND ADOPTING THE COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN PREMIUMS FOR CALENDAR YEAR 2014 INCLUDING PREN[IUV[S FOR OPTIONAL DENTAL AND VISION CARE FOR EMPLOYEES OF THE CITY OF FADUCAH BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah approvesand adopts the follo%yine monthly health insurance premiums for calendar year 2014 includire premiums for optional dental and vision care for employees: Health Insurance: Investor Plan I Monthly Premium Elite Plan Monthly Premium Employee S 781 Employee $ 856 Employee/Spouse_ i $ 969 Employee/Spouse $1,139 Employee Child $ 825 Employee Child $ 974 Family $1,118 W Family $1,319 Proposed Dental Premium: Pr000sed Vision Premium: Delta Dental Monthly Premium Avesis Vision Care Monthly Premium Employee $22.32 Employee $ 6.91 Employee/Spouse $45.54 Employee/Spouse $13.23 Employee Child Family $47.62 $77.48 _ Employee Child Family $12.58 $18.45 _ J SECTION 2. That the premiums for the Compreltensive Health Insurance Benefit Plan for Employees approved and adopted in Section l a[-o\e shall become effective January 1, 2014. SECTION 3. This order shall be in hill force and effcct from and after the date of its adoption. Mayor Tammara S. Sanderson. City Clerk Adopted by the Board of Commissioners. October' 212013 Recorded by Tanimara S. Sanderson, City Clerk, October 22, 20t 3 ',mo`%premiuins -hcafth ins 2013 Agenda Action Form Paducah City Commission Meeting Date: October 15 2013 Short Title: Contract with Convention Center Corporation (CCC) ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution [] Motion Staff Work By: Claudia Meeks Presentation By: Jeff Pederson, City Manager Background Information: As part of the Investment Fund Decision Items for F'Y2014, the Commission approved appropriation of funding for the Convention Center Corporation (CCC) in the amount of $100,000, to be paid in quarterly installments (I" Quarter - $34,500 — less insurance premiurA), and Quarters 2, 3 and 4 in the amount of $21,833.33 each, When the City provides fiends to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downto«vns Funds Available: This expenditure was appropriated in the FY2014 Budget. Account Name: Investment FundLance a r� -Iv ,3 Account Number: 004-0401-536-8069 4J, Staff Recommendation: Authorize the Mayor to enter into one-time Contracts For Services with CCC in the amount of $100,000 Attachments: Ordinance Contract Department Head City Clerk — / City Manager � �'�33-,L(LfI, Agenda Action Form Paducah City Commission Meeting Date: November 5, 2013 Short Title: Administrative Services and Stop Loss Insurance with Anthem Blue Cross Blue Shield ®Ordirnancc ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Cindy Medford, Greg Carlton Presentation By: Cindy iViedford Background Information: Greg Carlton of Peel and Holland made a presentation on October 21, 2013 recommending for the 2014 plan year that the city continue with Anthem Blue Cross Blue Shield effective January 1, 2014 as the City's Third Party Administrator (TPA) to provide claims administrative services related to the City's health insurance plan. Remaining with Anthem offered the best overall option for quality of plans, administrative services and competiti,,,e rates and factors. A summary of Anthem's administrative fees, rates and factors is attached. Also, since January 1, 2011 the City of Paducah has purchased stop loss insurance with Anthem Blue Cross Blue Shield to protect the City's health insurance plan in the event of a catastrophic claim(s). Greg Carlton recommended in his presentation for the 2014 plan year beginning on January 1, 2014, the Commission adopt an agreement with Anthem Blue Cross Blue Shield to purchase stop loss insurance which is set at a $175,000 maximum city liability per person (individual stop loss), Anthem assumes liability for all claims in excess of this amount, and $3,391,721.04 maximum city liability of total claims combined (aggregate stop loss limit), Anthem assumes liability for all claims in excess of this amount up to $1,000,000. Premium rates are $92.98 per member per month for individual stop loss insurance and $6.29 per month per member for aggregate stop loss insurance. Goal: ❑Strong Economy ® Quality Services❑ Vital Nei-,hborhood.�❑ Restored Downtmns Funds Available: Account Name: Account Number: 07302085122001 Finance Staff Recommendation: Authorize the Mayor to execute ASO agreement with Anthem Blue Cross Blue Shield for administrative seryices and stop loss insurance. Attachments: ASO Department Head City Clerk City Manager ORDINANCE NO. 2012-10-7984 AN ORDINANCE AUTHORIZING THE tMAYOIt TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND ANTHEM BLUE CROSS BLUE SHIELD BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. The klayor is hereby authorized to esCtste an .agreement bet%yeert the City of Paducah and Anthem Blue Cross Blue ShielJ as the City's Third Party Administrator to provide claims administrative services related to the City's health insurance plan. The effective date of this Agreement is January 1 .2014 and ending December 3l, 2014. SECTION 2. Funding for this service s,,ill come from the City's Health Insurance Fund. SECTION 3. This ordinance shall be read on tv o separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S.Sanderson. City Clerk Introduced by the Board of Commissioners. October 22, 2013 Adopted by the Board of Commissioners, November ._ , 2G 13 Recorded byTammam S. Sanderson. City Clerk. November 2013 Published by The Paducah Sun, lordlperslblue cross blue shield 1014 ORDINANCE NO. 2013.11 - AN ORDINANCE ACCEPTING THE RATES FOR STOP LOSS INSURANCE COVERAGE NXITHANTHE�[ BLUE CROSS BLUE SHIELD FOR THE GROUP HEALTH [NSURANCE PLAN FOR THE CITY OF PADUCAH. KENTUCKY THE 201=1 CALENDAR YEAR AND AUTHORIZING THE Si--YOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAfNED BY THE CITY OF PADUCkH, KENTUCKY: SECTION 1. That the City of Paducah accepts the rates offered through Anthem Blue Cross Blue Shield for Stop Loss Insurance Coverage for the group health insurance plan for the City of Paducah. Kentucky. Effective January L 20l4 the stop loss rates areas follovvs: I} Individual Stop Loss - S173.000 maximmaiCity liability per person with a monthly rate of $92.98 per member; and 21 Aggregate Stop Loss - $3,391.721.04 maximum Citr liability of total claims combined with a monthly rate of S6 29 per member. SECTION 2. The tilavor is hereby authorized toe�ecute a contract with Anthem Blue Cross Blue Shield for coverage authorized in Secim I above. Fund. SECTION 3. This expenditure will be charged to the Health IttsuranCe SECTION 4. This ordinance shall be read on mr, separate days and will become effective upon summary publication pursuant to KRS Ci q)(er 424. M,Iror ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. October 22. 2013 Amended by the Board of Commissioners. November . 2013 Adopted by the Board of Commissioners. November —.2013 Recorded by Tammara S. Brock. City Clerk. November . 2DI 3 Published by the Paducah Sun, 1ordlpers+health ins -slop loss cmera,e _014 ASO City of Paducah B1ueCross B1ueShield urcup i`Jurrber(s'� 00210630 Bffective Cate 01;0112014 - 1231/2014 ENROLLMENTOnly , (ren) EE Family Total Conirsts Total Number of Current Contracts 145 29 49 60 283 ANTHEM ADMINISTRATIVE RATES Current Pro sal 3A Admnistratiae ,Rate $38.25 3139.39 2.98'5 363 Heaith (Ccn1FDn Care: 2417 Nurse Lina; $C.00 S).)0 TOTAL FIXED COST - PEPM $38.25 3;39.39 2.98 ': Total 12 laonth Contract Period Premium $129,897.00 3133.768.44 COMMISSIONBROKER e ,. Broker Commission Fee $0.00 S0 30 Total 12 Month Coniract Peyotl Premium $0.00 SPECIFIC STOP LOSS Current froPosal Ben, -Sts Covered Medical and Drug Medcaf and Drug Contract Basis 24 i 12 24 ;12 Specific Stop Loss Deductible - °er �';1e^!'oer $150,000 31'5.00") Spocific Stop Loss Rata $5' 36 X92.98 79 98" Commission '/o included in above Rate C.CY' 000% Tml (12 Month Contraot Periool Premium $175 437.36 3315.700.08 STOP LOSS Benefits Co,,ared Medical and Drug f,,ledod and Cr�o Contract Basis 2d 1'2 21 i 12 Aggregate Sloe Loss Corndor 125"'o t25% Aggregate Stop Loss Rase 55.34 1629 t? 79'� COmrrISslon `/o included in aoc,ze Rate 0.00% Cciro% Total 1'12 Month Contract P-3nodl Premium 3)3, ! 34.64 $21,360.84 Expected Claims $754.76 bc88.06 -8 841,0 Total 112 a`rlonih Contract Periodl Premium $2,563,164.95 ?2336351.73 MAAMUM CLAIMS LIABILITY. Current Pmposal 3A tilaxlmurp Claims Lla'oliity $943.45 $200.08 -8 84"'] Total [12 Monih Contract Penool Maximum Claims $3,203,956.20 32920,831 68 Minimum Claims Liability 3895 1817 Total 02 Yonth Contract Period !Minimum Claims $3,043,758 $2,'74,804 OVERALL Total Fixed Costs $323 469.00 $'T,889 36 45 7715 ExpeotedClams $2.553'64:6 1231665'76 oral Expected Liab.Lty 32 836 333 F. :23r7-74' 12 -2 74", Total Fixed Ccsts Max;minx Clair'1s L,abdhty Total 1:1ax r%m Laio,i.,y .,.ilii ^^ ;r_;r.•.r [�� iss,.e ;ara .:'3 �:1"s 5323.469.00 3-'7).389 36 33.2,r3 956,2C :291083' 6.8 33 527 425 20 :33i' 72' ^4 -3 B510 Agenda Action Form Paducah City Commission Meeting Date: Short Title: Abolish & Recreate Alcoholic Beverage Ordinance to Reflect State Legislative Update ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Tammara Sanderson, City Clerk Presentation By: Background Information: The Kentucky General Assembly passed Senate Bill 13 into law during the 2013 Legislative Session. Tlxe passage of SB 13 has resulted in many changes to Kentucky's alcoholic beverage statutes. These laws became effective .lune 25, 2013. In order for the City to be in compliance with state law it is now necessary for changes to be made to the City's local ABC ordinance. Changes will include consolidation of similar licenses, increase of fees for licensees that have supplemental bars and Sunday alcohol sales for restaurants, motels and hotels that fit the criteria in order to sell on Sundays. Another change that will affect Sunday alcohol sales license fees is the City will no longer charge for a Malt Beverage I icense for Sunday sales for restaurants which results in a $200 savings. SB 13 included all 34 recommendations made after a six (b) month study by the Governor's Task Force on the Study of Alcoholic Beverage Control Laws. The Task Force's recommendations focused on simplification and consistency in the licensing process and scheme, clarification regarding local option election laws and additional ways to protect the public. To effectuate these goals, S B 13 consolidated similar license types and fees, (both state and local licensing fees) simplified the licensing process, modernized local option election laws and strengthened the Department's and local government's public protection powers. In addition, SB 13 modernized laws regarding alcohol sales on election days, and reinforced protection of Kentucky's three-tier alcohol distribution system relating to microbreweries. SB 13 provided a much needed "clean up" of statutory problems and inconsistencies that existed in Kentucky law without changing or expanding existing license privileges. SB 13 reduced and streamlined existing licensing Agenda .Action Form Page 2 processes without impairing or reducing regulatory oversight, so as to make the licensing process more "user-friendly" to all licensees and customers of the Department. SB 13 equitably made fees uniform for the same license types while keeping costs and fees low and maintaining revenue neutrality. Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Attachments: Department Head City Clerk City Nlanager 164655-3 CITY OF PADUCAH ORDINANCE NO. AN ORDINANCE ABOLISHING CHAPTER 6, ALCOHOLIC BEVERAGES, AND ESTABLISHING A NEW CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah (hereinafter "City" or"City of Paducah") permits the presence of alcohol manufacturing and sales within its corporate limits so long as such is done in accordance with all state and federal laws and local ordinances: and WHEREAS, the City periodically reviews the adequacy of the local regulations and requirements of the sale and manufacture of alcoholic beverages according to the exigencies of the City and as necessary for compliance with state licensing and regulatory requirements and pursuant to the authorization under KRS Chapters 241 through 244; and WHEREAS, the Board of Commissioners of the City of Paducah now desires to adjust the City's regulations and requirements related to the sale, manufacture, and distribution of alcoholic beverages in order to comply with applicable state laws and WHEREAS, this Ordinance will repeal and supersede the following ordinances: Chapter 6, Article 1, Section 6-1 through Section 6-9, and Chapter 6, Article 11, Section 6-31 through Section 6-40: and WHEREAS, this Ordinance will establish a new Chapter 6, Article 1, Section 6-1 through Section 6-9, and Chapter 6, Article II, Section 6-31 through Section 6-43, to be made effective as referenced herein: NOW THEREFORE, be it ordained by the City Commission of the City of Paducah as follows: ARTICLE I Section 6-t. Definitions and General Provisions. (a) For the purpose of this Chapter words and phrases shall have the same meanings as those set out in the Kentucky Alcoholic Beverage Control laws (KRS Chapter 241 through 244) of the Commonwealth of Kentucky and all amendments and supplements thereto, unless the context indicates the contrary. Specific definitions relevant to the understanding of this Chapter are as follows: Alcoholic Beverage Control Laws. KRS chs. 241-244, Board, The State Alcoholic Beverage Control Board established by KRS 241.030. Restaurant, A facility where the usual and customary business is the serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least fifty percent (500) of its food and beverage receipts from the sale of food. KRS 2=11.010. (b) This Ordinance shall be construed to apply to the manufacture and traffic in both malt beverages and distilled spirits and wine wh�re the context permits such application. Nothing in this Chapter shall excuse or relieve the licensee, or the owner, proprietor, employee, agent or person in charge of any licensed premises where alcoholic beverages are sold from the restrictions, requirements and penalties of any other ordinance of the City, or of any statutes of the Commonwealth relating to violations pertaining to alcoholic beverages. (c) Pursuant to this Ordinance, licensees shall be permitted to sell only such type of alcoholic beverage for which the licensee holds a License. Section 6-2, Alcoholic Beverage Administrator. (a) The City Manager is hereby assigned the duties of the Office of the City Alcoholic Beverage Administrator and shall have full and complete charge of the administration and enforcement of all ordinances of the City relating to the granting of licenses for selling, dispensing, manufacturing and dealing in matt beverages within the city and regulating the business of selling whiskey, wine, beer, and other alcoholic and malt beverages at retail and at wholesale within the City. The functions, powers, and duties of the Cite Manager shall be the same, with respect to city licenses and regulations, as the functions, powers, and duties of the state Alcoholic Beverage Control Board with respect to state licenses and regulations, except that no regulation adopted by the City Manager may be less stringent than the regulations of the Board, and all {-egulations of the City Manager shall be approved by the Board prior to becoming effective. The City Manager may designate his duties as Alcoholic Beverage Administrator as he or she deems necessary. (Code 1968, § 3-2) (b) Before entering upon his duties as such, the City Manager shall take the oath prescribed and execute a bond, with corporate surety approved by the Finance Director, in the penal sum of S 1,000.00 for the faithful performance of his duties and a satisfactory accounting of all money received and disbursed by him. The cost of the bond shall be borne by the city. (Code 1968, § 3-4) Section 6-3. Appeals. Appeals from orders of the City Manager may be. taken to the state Alcoholic Beverage Control Board as provided in KRS 24 L.200. Section 6-4. Operating hours for retail premises. (a) 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 be�-erages shall only be permitted for each day of Ylonday 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. 1.2:00 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 clay (b) Package sales are prohibited on Sundays. (c) The sale of distilled spirits, wine, and malt beverages by the drink shall be permitted on Sundays from 1:00 p,rn, until 10:00 p.rn. for hotels, motels, and restaurants holding a Nonquota 2 license, as defineriherein, 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: (L) The dining facility of the hotel, motel, and restaurant has a minimum seating capacity of 100 people at tables, (2) At least 50 percent 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 5uttday sales license and pay the applicable Sunday sales license fee. (d) In the event that New Year's Eve falls on a Sunday, licensees holding a Nonquota L, Nonquota 2, Nonquota 3, andlor 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 L:00 p.m. until 3:00 a.in, the following day. (e) All alcohol sales are prohibited during the hours the polls are open for a primary, regular, school, or special election. (f) 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 (g) below, (g) 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. Section 6-5. Underage persons prohibited on premises licensed for on -premises consumption; exceptions. (a) No person holding any license for on -premises consumption of distilled spirits. wine, malt beverages or beer shall permit any pe,scn under the age of 21 years on the licensed premises except a person who is working on the premises either as an employee or an independent contractor. (b) No person under the age of 2l years shall enter preiiiises licensed for on -premises consumption of distilled spirits, wine, malt beverages or beer, nor shall a person under the age of 2 L years attempt to enter or use a fraudulent I.D. for the purposes of entering licensed premises for on -premises consumption of distilled spirits. wine, malt beverages or beer, except that a person who is working on the premises. either as an employee or an independent contractor, may enter and remain on said premises while they are working, and at no other time. (c) The prohibition set out in subsections (a) and (b) above shall not apply to licensed premises: (l) Which receive 50 percent or more of theif gross annual income from sale of food and have a minimum seating capacity of 100 people at tables; or (2) Which are licensed for the sale of malt beverages or beer, and the licensee on said premises does not allow any on-pre!nises consumption of alcoholic beverages. (d) Violation of this section shall subject the licensee. the manager of the licensed premises, and the person under 21 years of age to the penalties provided in Section 17 6-6. Section 6-6. Offenses by minors. (a) It shall be unlawful for any parent or guardian to intentionally permit his minor child or ward to violate any provision of this chapter, (Code 1968, § 3-65) (b) It shall be the duty of every person holding a license for on -premises consumption of distilled spirits, wine, malt beverages, beer, except those exempted by Section 0 6-5(c}, under this Chapter to display at all times, in a prominent place at the entrance of the licensed premises, a printed card which shall read substantially as follows: WARNING TO PERSONS UNDER 21 You are subject to a fine up to 5500.00 and/or imprisonment of 12 months in jail under the ordinance of the City of Paducah, Kentucky, if you are under 21 years of age and enter premises where alcoholic beverages are sold, or if you are under 21 years of age and purchase alcoholic beverages or misrepresent your age for the purpose of purchasing or obtaining alcoholic beverages. (Code 1968, § 3-66) (c) Nothing in this Chapter shall excuse or release the owner, proprietor, employee or person in charge of any licensed premises in the city, where alcoholic beverages are sold, from the restrictions, requirements and penalties of other provisions of this chapter, or of any statutes of the state relating to violations pertaining to alcoholic beverages. (Code 1968, § 3-67) Section 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 1:00 p.m. until 10:00 p.m. for licensees holding a special temporary 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 whkh it is licensed and shall comply with all restrictions otherwise placed on said license. Section 6-8. Penalties. Whoever violates any provision of this Chapter for which another penalty is not already otherwise provided shall be guilty of a misdemeanor and shall, upon conviction. he subject to a fine of not more than S500.00, or impriscriment for not more than 30 days. or both, for each offense. Section 6-9. Alcoholic beverage server training. (a) All persons employed to sell alcoholic beverages b� the drink, those participating in the selling and serving of or taking order 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. (b) All license holders employing persons required to complete training under paragraph (a) above, shall be responsible for all ernployees completing their training within 90 days of April 24, 2012. Following the 90 -day grace period for compliance, any new employees shall have the required training within 60 days after employment. All persons 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, Sections 6-10 through 6-30. Reserved. ARTICLE II, LICENSES TO SELL OR MA1NUFACTURE Section 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 hint a License under the provisions of this Chapter. Section 6-32. Application. Any person desiring to obtain a license required by this Chapter shall make application therefor to the City Manager or his designee, which application shall state the name and residence of the applicant and the exact street address within the City where alcoholic beverages are to be sold or dispensed. City licensing fees will be collected at the time which the application is approved by the state Board. Section 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 desivnee. IF, in thejudgment 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 control law's. (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 paid all fees and taxes as required under Chapter 106 of this Code. (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 s-Dld or dispensed. (6) The applicant has paid all fees as required under this Chapter. (7) The applicant has paid all city property maintenance liens due and payable against the real property upon which the applicant's business is to be located and where alcoholic beverages are to be sold or dispensed. Section 6-34. Refusal. (a) The City Manager or his designee shall refuse to issue a license applied for under this Chapter if the applicant therefor and the premises for which the same is sought do not fully comply with all of the terms and provisions of the state alcoholic beverage control laws, the rules and regulations of the state Alcoholic Beverage Control Board and the provisions of this Chapter, or if the applicant has clone any act for which a revocation of such IlcellSe would be authorized under the state statutes or under this Chapter. (b) When a license is refused under the provisions of this Section, the City Manager shall comply with all of the rules of procedure governing the rights of the parties involved as set out in KRS ch. 243. (C If the payment of a license fee was erroneously made or the City Manager refuses to issue the license, the City Manager shall authorize the refund of the amount paid, if at the expiration of ten days no appeal has been filed tinder Section 6-3 of this Chapter. The refunds shall be made whether the payments were voluntary or involuntary or were made under protest or not. Section 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 folloGvs: (1) Distillers, rectifiers, brewers and licensees, per day: S1,000.00 (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 liquor licensees, per day: 550.00 (6) Nonquota Retail beer licensees, per day: $25.00 (7) Nonquota 2 licensees holding a Special Sunday retail drink license, per clay: $150.00 (S) 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 213.550-2=13.590. (d) The City Manager, on his own initiative or on the complaint of any person, may institute proceedings to revoke or suspend any I icense under this Section. Revocation or suspension shalt/ 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 6-36. Term of License. A license required by this Chapter shall be issued for annual periods from February l in 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 appl ication 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 I in each year, in order to correspond their local license expiration month with their state license expiration month. Such applicants, which apply M 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 I 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 6-37. Renewal. (a) Renewal license shall be issued under this Chapter in the same manner as original licenses (see Section 6-33), with respect as to application therefore, standards for same and the execution of the required bond. (b) Penalties: (1) Any licensee who fails to file for renewal or pay the license fees on or before the time prescribed in the notice to renew from the state's Department of Alcoholic Beverage Control shall be subject to a penalty in amount equal to five percent of the license taxes due for each calendar month or fraction thereof. Provided, however, the total penalty levied pursuant to this subsection shal I not exceed 25 percent of the total license fees due nor shall it be less than $25.00. (2) In addition to the penalty described above, the licensee shall also pay, as part of the license fees, an amount equal to 12 percent per annum simple interest on any unpaid license fees which were due until the license fees are finally paid to the city. A fraction of a month is counted as an entire month. (3) Every license fee imposed under this Article, together with any penalties and interest which are assessed in relation thereto. shall become a personal debt of the person who is liable for same as defined under this article. from and after the date that the license fees were to be paid to the City. The City shall have the right to enforce the collection of the license fees, and all related penalties and interest, by a civil action in a court of competent jurisdiction. To the extent authorized by law, the City shall be entitled to recover all court costs and reasonable attorney fees incurred by it in enforcing any provision of this Article. Section 6-38. Business authorized only at place described. No license issued under this Chapter shall authorize the carrying on and conduct of business in any other place than that specifically described in the license. Section 6-39. Disposition of funds. All money derived under the provisions of this Chapter shall be paid into the Treasury of the City and become a part of the general funds of the City. E Section 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, per annum: S500.00 b. Rectifer's license, per annum: 53,000.00 c. Wholesaler's distilled spirits and wine license, per annum: 53,000.00 d. Quota retail package license, per annum: S 1,000.00 (2) Quota retail drink license, per annum: S 1,000.00 (3) Special temporary license, per event: 5165.00 (4) Non quota type l retail drink license, per annum: 52,000.00 a. Nonquota type 1 (also known as -NQ- F) 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: a. Convention Center license b. Horse Track license c. Automobile Race Track license d. Air/Rail System license (5) Nonquota type 2 retail drink license, per annum: S (,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: a. Restaurant drink license b. Motel Drink license c. Restaurant Wine license d. Airport Drink license e. 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. 10 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 -3 licenses incorporate the following former license type: a. Special Private Club license d. A 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 5200.00 (8) Special Sunday retail drink license, per annum: 5300.00 (9) Caterer's license, per annum: $800.00 (10) Bottling house or bottling house storage license, per annum: S 1,000.00 (t l) Malt beverage licenses as follows: a. Brewer's license, per annum: 5500.00 b. Microbrewery license, per annum: 5500.00 c. Malt beverage distributor's license, per annum: S400.00 d. Nonquota retail malt beverage package license, per amwm: S200.00 a. 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: 5200.00 a. A nonquota type 4 (also known as "NQ -4-) permits malt beverage drink sales only on the premises. f. Malt beverage brew- on- premises, per annum: $100.00 (12) The fee for each of the first five (5) 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 (5) 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. (13) The holder of a nonquota retail malt beverage package license may obtain a Nonquota type 4 malt beverage drink license for a fee of fifty dollars (S50). The holder of a Nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of ;ifty dollars (S50) (t4) 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. 11 Section 6-41. Severability. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. Section 6-42. Effective Date. This ordinance shall be read on two separate days, published pursuant to KRS Chapter 424, and become effective on Section 6.43. Repeal of Ordinances. Upon the publication and on the effective date of this ordinance, the following ordinance shall be repeated in their entirety and superseded with this Ordinance: Chapter 6, Article I, Section 6-1 through Section 6-9, and Chapter 6, Article [l, Section 6-31 through Section 6-40. [Signatures to follow on next page.] 12 MAYOR ATTEST: CITY CLERK introduced by the Board of Commissioners October 22, 20t3 Adopted by the Board of Commissioners November 2013 Recorded by City Clerk, November , 20t3 Published by The Paducah Sun 6 -abolish & revise 13