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HomeMy WebLinkAbout82-7-2266J / / ORDINANCE NO. 82-7-2266 AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 3-1 of Chapter 3, Alcoholic Beverages, oftheCode of Ordinances of the City of Paducah be amended and reordained so that said Chapter shall hereafter read as follows: "Sec. 3=1. Definitions. As used in this chapter, the term "administrator" or "city administrator'' shall mean the alcoholic beverage administrator of this city, unless the context indicates the contrary. The term "alcoholic beverage control laws" shall mean and include chapters 241 through 244 of the Kentucky Revised Statutes. Board shall mean the state alcoholic beverage control board operated by KRS 241.030. The term "City" shall mean the City of Paducah, Kentucky. Other words and phrases used in this chapter shall have meanings ascribed to them in such alcoholic beverage control laws, unless the context indicates the contrary". SECTION 2. That Section 3-2 of the Code of Ordinances of the City of Paducah be amended and reordained so that said Section shall hereafter read as follows: "Sec. 3-2. Administrator -Appointment; general powers and duties. The city manager shall appoint a city alcoholic beverage administrator, such city administrator (te) 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 malt beverages Ci -R) 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 alcoholic beverage administrator shall be the same, with respect to.city licenses and regulations, as the -functions, powers and duties -of the (state-aleehel}.e-beverage-eaRtFel_-bea-rd) -Board-with respect to state licenses and regulations; except that no regulation adopted by the city administrator maybe 1-ess.stringent than the regulations -of the Board, and all regulations of the: -.administrator shall'be approved by the Boardpriorto becoming effective". - follows: SECTION 3. That a new section, 3-2.1, Appeals is hereby created to read as "Sec. 3-2.1. Appeals. Appeals from orders of the city administrator may be taken to the Board as provided in KRS 241.200'". 378 SECTION 4. That Section 3-4 of the Code of Ordinances of the City of Paducah be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-4. Same - Oath and Bond. Before entering upon its duties as such, the city alcoholic beverage administrator shall -take the oath'prescribed and execute:a bond, with corporate surety approved. -by the -city treasurer, in the penal sum of one thousand dollars ($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", - SECTION S. That Section 3-6 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-6. When retail premises to be closed -Alcoholic liquor or beverages. No premises for which there has been granted a license for the sale at retail of (aieeheiie-iigaer-er-bevepages) distilled spirits, wine, malt beverages or beer shall be permitted to remain open for any purpose between the hours of 3:00 a.m. for on premises consumption or 12:00 midnight for package sales and 6:00 a.m. on any week day for malt beverages or beer, or 8:00 a.m. on any week day for distilled spirits, or wine, nor between 3:00 a.m. for on -premises consumption or 12:00 midnight for package sales on Sunday and the lawful time for opening on Monday morning, nor during the hours the polls are open on any regular, primary, school or special election day, provided, that 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. That Section 3-12 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-12. No one under 21 permitted on premises. Genstmptien-prehibited ex-pae-kage-stere -premises , eexsumptien-ef-i}gueE-g3ehib};ted:-en:-bee3-premises (it-shall-be-�niawfni--fey-any-pe�seA-iiEexsed-end:e�-s ee�iex-�-4�5`-�e-pe�xi� , er-himself-engage-ins-the-Elrknkfng-ef-aieeheIie-beverages - On- -the- lieensed:-p-femises- It -shall -arse-be-nniawfxi-fe.r-any-pensee-iieeased-te-sell-beerer-malt-beverages-at retail -te-permitr-a-F-h mseif-engage-ia;-the-drinking-ef-any-intexieatixg-iiquer-en- sash-iieensed-p�ex�ises.) C1) No person holding any license for on -premises consumption of distilled spirits, wine, malt beverages or beer, shall permit any person under the age of twenty -on (21) years on the premises. (2) This prohibition shall not apply to any licensed premises which receives fifty percent (50%) or more of its gross annual income from.sale of food and has a minimum seating capacity of fifty (50) people at tables 379 (3) Violation of this section shall subject the licensee, the manager of the licensed premises, and the person under twenty-one (21) years of age to the penalties provided in this chapter". SECTION 7. That Section 3-13 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-13. Penalty for violation of Sections 3-1 through 3-12. Except as otherwise specifically provided, any person who, by himself or acting through another, violates any of the provisions of (this-ehapter) Section 3-1 through 3-12 of this Code shall, upon conviction, (be-fined.-net-less-thaa-fifty deiia�s-{$58:AA}-�e�-�►e�e-thea-eae-l�tuid.�ed-d.eiia�s-{$iAA-BA} ;-e�-eeafiaed.-ia-the-eity �aii-aet-less-thea-tex-{}A}-days-xe�-mese-tl�aa-t�ii�ty-{�8}-days;-s�-beth-se-€fined-aad i�xp�ise�ed.r--in-ease-��ie-effend.e�-is-a-ee�e�atiex;-}eixt-steak-eempany;-asSeE}atiex e�-fidtzeia�y;-the-p�ineigai-effiee�-aad.fey-the-sffiee�-e�-of€iee�s-�esgexsibie-fey saeh-vieiatien-may-be-ptmished by-sxeh-ptmishment) be guilty of a Class "B" misdemeanor". SECTION 8. That Section 3-24 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-24. License - Required. No person shall sell or dispense at retail or wholesale, or have in his possession for sale, any Caieek.eiie) distilled spirits, wine, malt beverages or beer, or manufacture the same in the city, unless he shall first procure and have issued to him a license under the provisions of this article". SECTION 9. That Section 3-25 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "Sec. 3-25. License - Application. Any person desiring to obtain a license required by this article shall make application therefor to the city (aieekeile-beverage) administrator, 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. Such application shall be accompanied by the license fee which is required by this article". SECTION 1.0. That Section 3-33 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained as that said section shall hereafter read as follows: "Sec. 3-33. License - Term. A license required by this article shall be issued for semi-annual periods from the first day of July to the thirty-first day of December, both inclusive, and from the first day of January to the thirtieth day of June, both inclusive, in each year. If an applicant shall apply for a license to engage in any business authorized :1 by this article for a portion of any semi-annual period, he shall pay the entire semi-annual license fee for such privilege, and no license except for a temporary license provided for in Section 3-40 and 3-41 of this code, shall be granted under this article for a less period of time than six (6) months". SECTION 11. That Section 3-36 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-36. License - Refusal. (a) The city administrator shall refuse to issue a license applied for under this article 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 done any act for which a revocation of such license would be authorized under the state statutes or under this chapter. (b) In- additiea-te-the- garage ing;-the -eity-administ3?ateF-shall-re€usa-te- issue-a-lieense-te-engage-in-the-be.sines -e€-selling-and-dispensing-aleeke�}e-ems-malt beyepages-at -Fetail-te-any-applicant-whe-has -net-eendaeted-kis -bus Ines s-in-a-deeent- and-e�de�ly-manner;-e�-i€-seek-applieast-e�-aAy-€e�ae�-eeexpaxt-a€-the-premises-€e� whieh-the-lieense-is-sexgkt;-withix-fl2}-mentks-prier-te-the-date-en-whieh-the----- appiieatiex-tke�e€sem-is-made;-has-bees-cenvieted-a€-e�-geld.-a-€i�.e-€e�-the-vieiat}ex any-applieant-whe-has;-within-twelve-tl2}-mentks-pgier-the-Fete;-peFzitted-er-allowed dise��e�ly-seedset-}x-axd-abeat-st�ek-�l�ee-e€-b�slness-tke�eby-distt��blag-axd.------ violating-the-geed-e�de�-e€-the-eemxaenity-wke�e-the-business-is-located---lt-is---- kepeby-deemed-and-deelaFed-te-be-te-the-interest-a€-pxblie-welfare-that-1leexses-- skee:ld-set-be-granted-to-pe-Eseas-k-RewA-te-be-dise-Ede-fly;-er-knewR-te-eendaet- ---- diserde-ply-plaees-a€-business;-er-whe-aFe-knewn-te-promete;-eneexvage-e3?-engage-in- dise-rderly-eendwet-in-er-a3Feemd-their-places-e€-business;-and-the-eity-administFate-F shall;-in-the-e3Eereise-e€-kis-setmd-diseretien;-3?e€ase-te-issue-sueh-lleense-to-axy pe�sen-l�newn-te-be-dise�de�ly-e�-te-cendact-aa-indecent-e�-dise�de�ly-place-a€---- bw.siness;-ems-whose-e�iminal-�ece�d-is-sick-as-te-mare-it-ansa€e-e�-t�xdesi�able-€e�- him-te-engage-in-the -business-e€-sellIng- e-r-dispensIng- aleehelie-baverages -as - eentemplated-in-this-ekapter) {e-) (b) When a license is refused under the provisions of this section, the city administrator shall.comply with all of the rules of procedure governing the rights of the parties involved as set out in Chapter 243 of the Kentucky Revised Statutes. Cc) If the payment of a license fee was erroneously made or the administrator refuses to issue the license the administrator shall authorize the refund of the amount paid, if at the expiration of ten (10) days no appeal has been filed under Section 3-21. The refunds shall be made whether the payments were voluntary or involuntary or were made under protest or note". 381 SECTION 12. That Section 3-37 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-37. License - Revocation. A. At any time after a licensehas been issued under the provisions of this article, the same shall be revoked by the city administrator, if the alcoholic beverage license issued by the state is revoked. (iieensee-vielates-any-of-the p�evisiexs-of-the-state-aieel�eiie-beverage-eext�ei-caws-e�-aay-p�evisiex-ef-this ekapte-;-aad.-the-administrates-may-Feveke-any-iisexse-.fer-eaases-fet-whiek-seek iieense-may-be--eefased.-as-p-revid.ed-ia-this-artiele.) (Whex-axy-.snek--iieexse-is-Feveked;-the-eity-administrateF-skaii-eempiy-with aii-ef-the-�e:ies-ef-p�eeed�.�e-geve�xi�g-the-�}gkts-ef-the-pasties-iaveived-as-set-et�.t ix-Ghapter-249-ef-the-Kentueky-Revised-gtatu*-es.) B. The administrator, may in his discretion, order a suspension of the license for any cause for which it may, but is not required to, revoke the license under the provisions of KRS 243.490 and 243.500; provided, however, the licensee may have the alternative, subject to the approval of the administrator, to pay in lieu of part or all of the days of any suspension period, a sum as follows: Distillers, rectifiers, brewers and blenders, one thousand dollars ($1,000) per day; wholesale liquor licensees, four hundred dollars ($400) per day; wholesale beer licensees, one hundred dollars ($100) per day; retail drink.liquor licensees, twenty-five dollars ($25) per day; retail package liquor licensees, twenty-five. dollars ($2.5) per day; retail beer licensees, ten dollars ($10) per day; all remaining licensees, ten dollars ($10) per day. C. Payments in lieu of suspension collected by the administrator shall be deposited and used as local alcoholic beverage licensetax 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 to 243.590t1 SECTION 13. That,a new section, Section 3-37.1, Institution of revocation proceedings; notice; hearing, is hereby created to read as follows: 113-37.1. The administrator,on hisown initiative or on the -,complaint of any person, may institute proceedings to revoke or suspend any license under Section 3-37 of this Code. Revocation or suspension shall be had only upon five (5) days' notice to the licensee, and an opportunity shall be given him to be heard. All such hearings shall be before the Administrator's. SECTION 14. That Section 3-38 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-38. Disposition of money derived under article. All money derivedfem-ii.eexse-fees-a-fem-the-fefeitae-ef-bends} under the provisions of this article shall be paid"into the. treasury of the city and become a part of the general funds of the city". 382 SECTION 15. That Section 3-40 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-40. Malt Beverage License - Fees. The fo-low-ing:kinds,of malt...everage,licenses may be issued by the city administrator, the, semi—annual- fees -fox. -which •shall be: - Effective 771/82 (1) Brewer's License 250.00 (:2) _ _Distrbuto,r's ._License15.0.00 (3) Retailer's License 80.00 (4) Special 'temporary License Per Month or Part of Month 25.00 The activities permitted by the above licenses are defined in Chapter 243 of Kentucky Revised.Statutes which is incorporated ncorporated herein as if set out in full. SECTION 16. That Section 3-41 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-41. Distilled Spirits and Wine Licenses - Kinds - Fees The following kinds of distilled spirits and wine licenses may be issued by the city administrator; the semiannual fees for which shall be: Effective 7182 (1) Distiller's License-, _ 250..00 (2) Rectifier's License 1,125.00 (3. Blender.'-s,License- 1,125.00 (4) Wholesaler's License 575.00 (5) Retail Package License 375.00 (6) Retail 'Drink License 400.00 month or part o ial .Pr.ivate Clu 0) Non -Resident ` Agent or Sol 82.50 125.00 Special citor's Lic. 40:00 The activities permitted by the above licenses are defined in Chapter 243 of Kentucky Revised Statutes which is incorporated herein as if -set -out in full. SECTION 17. That Section 3-46 of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 346. Sign warning of article provisions to be posted. It shall be the duty of every (retail-lieexsee) person holding a license for on premises consumption of distilled spirits, wine, malt beverages, beer, except those exempted'by Section 3-12(2) of this Code, under this chapter to display at all times, in a prominent place (ex) at the entrance of the licensed premises, a printed card which shall read substantially as follows: "WARNING CTO-MINQRS) TO PERSONS UNDER 21 "You are subject to a fine up to ($188:88) $250.00 and/or imprisonment of, six months in jail under the ordinance of the City of Paducah, Kentucky, if you are under_,twenty7one..C21.),_.yearsof age and enter premises where alcoholic beverages are sold (€er-the-purpese-ef pwmekasi. g-ep-having-served.-te-yea-axy-aleekeiie beverages), or if you are under twenty one (21) years of age and purchase alcoholic beverages or misrepresent your age for the purpose of purchasing or obtaining alcoholic beverages." 383 SECTION 18. That Section 3-68 of the Code of Ordinance of the City of Paducah, Kentucky be amended and reordained so that said section shall hereafter read as follows: "Sec. 3-68. Penalty for violation of article. Any person who shall be adjudged guilty of a violation of this article shall be (f}ned;-fey-the-€}s-efexse;-net-fess-hax-fifty-delias-�$�A-AA}-nes-mese �kaa-ewe-htuid�ed-dei�a:�s-f$�AArAA};-and-fey-eaeh-axd-everswbse��en�-Eex�}etien; shaii-be-fixed-exe-hided-deiias-�$�AA:B--) guilty of a Class "B" misdemeanor". SECTION 19. That Sections 3-5, 3-7, 3-8, 3-9, 3-10, 3-11, 3-27, 3-28, 3-29, 3-30, 3-22, 3-44, through 3-64, be, and they are hereby, repealed in their entirety. SECTION 20. This ordinance shall be read on two separate days and will be effective upon publication in full. John K. Penrod Mayor - Introduced by the Board of Commissioners June 8, 1982 Tabled by the Board of Commissioners June 22, 1982 Passed by the Board of Commissioners July 13, 1982 Recorded by Louise McKinney, City Clerk, July 13, 1982 Published by The Paducah Sun July 20, 1982.