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HomeMy WebLinkAbout2023-07-8785ORDINANCE NO. 2023-07-8785 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III ENTERTAINMENT DESTINATION CENTER (EDC), OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, House Bill 237 was signed into law on March 21, 2023, and becomes effective on July 1, 2023; and WHEREAS, House Bill 237 amends KRS 243.020 to allow the possession and consumption of alcoholic beverages at non -licensed businesses within or sharing a boundary with an entertainment destination center and at licensed business within or premises sharing a boundary with an entertainment destination center; and WHEREAS, House Bill 237 also amends KRS 243.020 to limit the alcoholic beverages to those purchased at the entertainment destination center or at a licensee within or sharing a boundary with the entertainment destination center and to require written permission from the entertainment destination center before the alcoholic beverages may be possessed or consumed at that place of business; and WHEREAS, the City of Paducah now wishes to amend Chapter 6, Alcoholic Beverages, Article III, Entertainment Destination Center (EDC), of the Code of Ordinances of the City of Paducah, Kentucky, to reflect the changes to KRS 243.020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH AS FOLLOWS: SECTION 1. Chapter 6, Article III, Entertainment Destination Center (EDC), of the Code of Ordinances shall be amended as follows: Sec. 6-62 - Regulations A. The City of Paducah shall apply to the Commonwealth of Kentucky Department 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 City harmless for any incidents which occur as a result of the ABC licensee operating within the EDC, as well as naming the 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 a yearly fee. 3. All ABC licensees approved by the City 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 year. 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 City 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 EDC Participating ABC licensee with alcoholic beverage drinks in the EDC branded cups and consume those drinks in any entertainment destination center common area, [er-at other 1: a ed FDG premises 4th:..i the EDD :f permitted b the ABC lieensee ] if the City: 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. Upon obtaining written permission from the Citv of Paducah. as outlined in subsection (G) the following businesses may choose to allow customers to possess and drink beverages that were purchased from another EDC Participating retail drink licensee located wholly within, or that has a storefront sharing a physical boundary with, the licensed Entertainment Destination Center during EDC operational hours: 1. A business with a retail drink license located wholly within the licensed entertainment destination center or that has a storefront sharing a physical boundary with the licensed entertainment destination center• and 2. A business that does not have a retail drink license that is located wholly within the licensed entertainment destination center or that has a storefront sharing a physical boundary with the licensed entertainment destination center. G. 1. KRS 243.020 requires the City to provide written permission to an business wishing to participate in Sec. 6-62 — Regulations Section F Any business that desires to participate in this portion of the ordinance must contact the Alcoholic Beverage Administrator or Deputv Alcoholic Beverage Administrator to obtain written permission to participate Written permission may be denied or revoked if-. i. The business does not maintain an active business license with the City of Paducah in accordance with Chapter 106 Article III ii. The business does not have a valid Certificate of Occupancy issued by the City of Paducah. iii. The business operated at the location does not routinely allow the public to enter the premises in the normal course of business iv. The business its patrons agents servants or employees engage in disorderly behavior as that term is defined in KRS 244.120(2). 2. If written permission is denied to a business requesting permission to allow customers to possess and drink beverages that were purchased from an EDC participating retail drink licensee, that business 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 to deny written permission 3. Any revocation of written permission to a business allowing customers to possess and drink beverages that were purchased from an EDC participatingretail etail drink licensee will be provided with twenty-four (24) hours' notice The business may appeal this denial or revocation to the Board of Commissioners within seven (7) days of the notice of revocation. If the business fails to appeal a license revocation within the time frame set forth herein, such decision shall not be subject to further review. [E] H. 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]I. Participating ABC licensees and non -licensed businesses may prohibit customers from entering their premises with an alcoholic beverage purchased from a [diff -ere ]-Participating ABC licensee. [II]J. Patrons are prohibited from taking alcoholic beverages outside the physical boundaries of the entertainment destination center. [I]K. 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. [3]L. In no event shall patrons be permitted to bring any alcoholic beverages purchased outside of the EDC into the EDC. [K]M. 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. [L]N. 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]O. Nothing in this article shall be construed to prohibit minors from entering the EDC common areas. [NIP. License revocation. All EDC licensees shall agree that they are aware their EDC license may be revoked by City with twenty-four (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 2. 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 3. 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 4. Effective Date. This ordinance shall be read on two separate days and will become effective upon summary publication pursuan S Chapter 424. A�OR ATT ST: say Parish, C�y C erk Introduced by the Board of Commissioners, June 27, 2023 Adopted by the Board of Commissioners, July 11, 2023 Recorded by City Clerk, July 11, 2023 Published by The Paducah Sun, July 13, 2023 6-62 Amend EDC (00280204)