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HomeMy WebLinkAbout2014-11-8200178775 CITY OF PADUCAH ORDINANCE NO. 2014-11-8200 AN ORDINANCE REVISING CHAPTER 6, T . , 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, KRS Chapters 241 through 244 were recently amended by the Kentucky General Assembly; and WHEREAS, the Board of Commissioners of the City of Paducah now desires to modify 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 certain portions of following ordinances: Chapter 6, Article I, Section 6-4 and Section 6-5 and Chapter 6, Article II, Section 6-33 and Section 6-40; NOW THEREFORE, be it ordained by the City Commission of the City of Paducah as follows: 1. Operating hours for retail premises. Chapter 6, Article I, Section 6-4 shall be stricken in its entirety and replaced with the following: Section 6-4. Permissible Operating Hours. (a) Package Sales and On -Premises Consumption Hours Generally. 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 beverages shall only be permitted for each day of Monday 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. 12:00 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 day (b) 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 (c) below. (c) 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. (d) Sunday - Package Sales. Package sales are prohibited on Sundays. (e) Sunday — On -Premises Consumption. 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 hotels, motels, and restaurants holding a Nonquota 2 license, as defined herein, 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: (1) The dining facility of the hotel, motel, and restaurant has a minimum seating capacity of 50 people at tables; (2) At least 50 percent or more of the gross annual receipts from the dining facilities are received from the sale of food; and (3) The licensee shall apply for and receive a Sunday sales license and pay the applicable Sunday sales license fee. (f) Sunday — New Year's Eve. In the event that New Year's Eve falls on a Sunday, licensees holding a Nonquota 1, Nonquota 2, Nonquota 3, and/or 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 1:00 p.m. until 3:00 a.m. the following day. 2. Underage persons prohibited on premises licensed for on -premises consumption; exceptions. Chapter 6, Article I, Section 6-5(c)(1) shall be stricken in its entirety and replaced with the following: (c) The prohibition set out in subsections (a) and (b) above shall not apply to licensed premises: (1) Which receive 50 percent or more of their gross annual receipts from sale of food and have a minimum seating capacity of 50 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 -premises consumption of alcoholic beverages. 3. Issuance; standards. Chapter 6, Article II, Section 6-33 shall be amended to include and additional requirement which shall read as follows: (8) The applicant has read and executed the form entitled "City of Paducah — Acknowledgement by ABC Applicant." 4. License Types and Fees. Chapter 6, Article II, Section 6-40(1)(a) shall be stricken in its entirety and replaced with the following: a. Distiller's license 1. Class A, per annum: $1,000.00 i. Distillers that produce more than fifty thousand (50,000) gallons of distilled spirits per calendar year at the premises shall obtain a distiller's license, Class A. 2. Class B, per annum: $500.00 i. Distillers that produce fifty thousands (50,000) gallons or less of distilled spirits per calendar year at the premises shall obtain a distiller's license, Class B (craft distillery). 5. 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. 6. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. 7. 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. 8. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. TAMMARA S. SANDERSON, CITY CLERK Introduced by the Board of Commissioners November 11, 2014 Adopted by the Board of Commissioners November 25, 2014 Recorded by Tammara S. Sanderson, City Clerk November 25, 2014 Published by The Paducah Sun December 3, 2014 \ord\6-amendments 11-2014