HomeMy WebLinkAbout2017-09-8498206620
CITY OF PADUCAH
ORDINANCE NO. 2017-9-8498
AN ORDINANCE AMENDING CHAPTER 6,
SECTIONS 6-2, 6-3, 6-4, 6-5, 6-32, 6-33, 6-34,
AND 6-40 AND REPEALING SECTION 6-7 OF
THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY
WHEREAS, this Ordinance amends Chapter 6, Sections 6-2, 6-3, 6-4, 6-5, 6-33, 6-34,
and 6-40 and repeals Section 6-7 of the Code of Ordinances of the City of Paducah, Kentucky,
which regulate licenses to sell or manufacture alcoholic beverages;
WHEREAS, this Ordinance is being enacted to conform with amendments to Chapters
241-244 of the Kentucky Revised Statutes enacted pursuant to House Bill 100, House Bill 183,
and House Bill 319 during the 2017 Regular Session of the General Assembly of the
Commonwealth of Kentucky; and
WHEREAS, this Ordinance is also being enacted to permit the sale of alcoholic
beverages on Sunday for certain license types [during prescribed hours];
NOW THEREFORE be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. That Section 6-2, "Alcoholic Beverage Administrator," is hereby amended and
restated to read as follows:
Sec. 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 malt 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.
(b) The City Manager shall have the same duties and functions regardinq local license applications and
renewals as the Kentucky Department of Alcoholic Beverage Control with respect to state licenses.
(c) The City Manager shall have the same duties and functions regarding local license penalization as
the Board with respect to state license penalizationThe fi,nn+inns pewerc and duties, of the City
powers,
and- d-uties, ef the state AIGGhG)!iG Beverage Gentrol 69aFd with FespeGt tA- Istate lir.enses and
regulatiens of the Bewd, and all regulations of the Gity Manager shall be appFeved by the 9GaFd
nrinr to hennminn effentiye
The City Manager may delegat9desi nat-"is duties as Alcoholic Beverage Administrator as he or
she deems necessary.
(gb) Before entering upon bis -official duties as such, the City Manager shall take the oath prescribed in
Section 228 of the Constitution of the Commonwealth of Kentucky. The City Manager, once
appointed City Alcoholic Beverage Administrator shall immediately notify the Kentucky Department
of Alcoholic Beverage Control of qualification and appointmentan^' exen, ite a bend! with nnrnnrate
surety apprgved by the Fin-apr--e Direr --ter, in the penal surn e �41,999.99 fGr the faithful peFfGFMaAGe
the hnnr! shell he her.,e by the nits
SECTION 2. That Section 6-3, "Appeals," is hereby amended and restated to read as follows:
Sec. 6-3. - Appeals.
Appeals from a decision or orderer-ders of the City Manager may be taken to the state Alcoholic
Beverage Control Board as provided in KRS 241.200.
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SECTION 3. That Section 6-4, "Permissible operating hours," is hereby amended and restated
to read as follows:
Sec. 6-4. Permissible operating hours.
(a) Package sales and on -premises consumption hours generally. G..^ent as othene,ise provided under
this ser•+ion +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
be permitted for each raw of Sundaypy through Saturday, and shall he limited to during 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 or her 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 or her business as a licensee, and said department is kept locked
during the times mentioned above, he or she shall be deemed to have complied with this section.
sales by distilleFies and sales by MiGr-Gbrewepies as ppevided
(e) Sunday—On premises GensumptiGn at hotels, motels, and restawants. The Fetail sale A -f distilled
spirits, wine, and malt beverages by the drink shall be per.m.Wed- AM Sundays frqn; 11:00 a.m. Until
10;Q0 p.m. for hotels, motels, and restaurants helding a Nonqueta type 2 liGense, as defiRed heFein;
provider! sU Gh hotel motel and resta ant satisfy the following nondi+ions•
people at tab.'--,*
e
WAS ■ E.--T7-U.
Wl
SECTION 4. That Section 6-5, "Underage persons prohibited on premises licensed for on -
premises consumption; exceptions," is hereby amended and restated to read as follows:
Sec. 6-5. - Underage persons prohibited on premises licensed for on -premises consumption; exceptions.
109
See KRS 244.085
Mne, malt beverages Gr beer shall permit any pepseR uRdeF the age Gf 24 yeaFS GR the l*GeR6
Gc)ntraGt8F
SECTION 5. That Section 6-7, "Regulation of special temporary licenses," is hereby repealed.
SECTION 6. That Section 6-32, "Application" is hereby amended and restated to read as
follows:
Sec. 6-32. - Application.
(1) Before applying for a license, all persons shall advertise their intention to apply for a license by
publishing a notice containing all information required under KRS 243.360(2) in the Paducah
Sun or other newspaper in which local legal notices may be published, except those persons
specifically exempt by KRS 243.360(1).
LQ_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, and all other information required under KRS 243.390 and any administrative
regulation(s) promulgated by the Board.
_City licensing fees will be collected at the time which the application is approved by the state
Board.
SECTION 7. That Section 6-33, "Issuance; standards," is hereby amended and restated to read
as follows:
Sec. 6-33. - Issuance; standards.
All licenses required by this chapter shall be approved and issued or denied at the order and
direction of the Citv Manager or his desianee when. in his or her sound discretion. all of the information
necessary has been obtained or the applicant has refused to provide requested information. If the thirty
(30) day period in which a protest is permissible has expired and by the G,+„ Treasurer at the Ander and
dires+� Gity Manager er his designee. in the judgment 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 aapprovedissued. 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 beverage control laws.
(2) The applicant has complied with all regulatory provisions and standards of this chapter.
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(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 been issued all permits required by state law to operate the applicant's
business on the licensed premises and, if applicable, has provided a copy of the applicant's
permit issued pursuant to KRS ch. 219.
(5) The applicant has paid all fees and taxes as required under chapter 106 of this Code.
(6) 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 sold or dispensed.
(7) If applicable, the applicant has paid all transient room taxes required by KRS 142.400 and has
provided proof of such payment.
(8) The applicant has paid all fees as required under this chapter.
(9) 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.
(10) The applicant has read and executed the form entitled "City of Paducah—Acknowledgement
by ABC Applicant."
SECTION 8. That Section 6-34, "Denial," is hereby amended and restated to read as follows:
Sec. 6-34. - Denial 1.
(a) The City Manager or his designee shall denyrofuse tG ss_ e 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
done any act for which a revocation of such license would be authorized under the state statutes or
under this chapter.
(b) When a license is deniedrefused 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 denies refuses to iss .
the license, the City Manager shall authorize the refund of the amount paid, if the time permitted to
file an appeal at the wniFatinn of tcn days nn appeal has been filed under section 6-3 of this chapter
has expired. The refunds shall be made whether the payments were voluntary or involuntary or were
made under protest or not.
SECTION 9. That Section 6-40, "License types and fees," is hereby amended and restated to
read as follows:
Sec. 6-40. - License types and fees.
The City shall issue the following alcoholic beverage licenses and collect the corresponding 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 Gpirit liGeRses as set fGrth in KRS 243 030;
a. Distiller's license,--
I
icense:
I Class A, per annum
■ - - - ....
b. Rectifier's license:
a4. Class A, per annum
$3,000.00
i. Rectifiers that rectify more than fifty thousand (50,000) gallons of distilled spirits
per calendar year at the premises shall obtain a rectifier's license, Class A.
b2l. Class B (craft rectifier), per annum..........................................................................$960.00
Rectifiers that rectify fifty thousand (50,000) gallons or less of distilled spirits per
calendar year at the premises shall obtain a rectifier's license, Class B (craft
rectifier).
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LaL_c:Wholesaler's distilled spirits and wine license, per annum,
L4L_d Quota retail package license, per annum ...........................
(52) Quota retail drink license, per annum ...................................
(63) Special temporary license, per event ....................................
(74) Nonquota type 1 retail drink license, per annum ...................
.........................................$3,000.00
......................................... $1,000.00
...................................... $1,000.00
........................................ $165.00
...................................... $2,000.00
a. Nonquota type 1 (also known as "NQ -1") 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 maybe issued toinnnrnnra+e +he fnllnwdng former linemen +„goo,
1. Convention centers- linnncn
2. Horse tracks Nsens�
3. Automobile race tracks license
4. Air/rail systems. license:
(86) Nonquota type 2 retail drink license, per annum............................................................. $1,000.00
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 may be issued toinrnrnnra+e be fo4Gwing fnrrrer linnncn +vr eo.
1. Restaurants d nL linnncn
2. Motels drink linense
3. Airports;R-e�n+ ,e,inn linenoe
4. Riverboats-44per+rlrinklinenoe
5. Distillers. River -hp -at linenee
(96) 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.
( 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. An NQ -3 retail drink license may be issued to:
1. A private club in existence for longer than one year prior to the license application;
2. A bed and breakfast; or
3.. °mer.
d. An NQ -3 qualifying as a special private club may not hold a nonquota retail malt
beverage package license.
(107)Special temporary alcoholic beverage auction license, per event ......................................$100.00208:80
(116) Special Sunday retail drink license, per annum................................................................ $300.00
a. Licensees that are authorized to sell distilled spirits and wine by the drink must also
obtain a special Sunday retail drink license to authorize these sales on Sundays
(120) Extended hours supplemental license, per annum............................................................$300.00
(134-0)Caterer's license, per annum.............................................................................................$800.00
(144�)Bottling house or bottling house storage license, per annum ..........................................$1,000.00
(1542) Malt beverage linenoeo as follows -
a. Brewer's license, per annum.............................................................................................. $500.00
16 b-:Microbrewery license, per annum......................................................................................$500.00
f17LG-.Malt beverage distributor's license, per annum..................................................................$400.00
18 d-Nonquota retail malt beverage package license, per annum .............................................$200.00
A Penqueta retail rnalt beverage paGkage liGense permits malt hever ge paGkage sales only fGr
nnno� imn+inn off the premises
LLgLe:Nonquota type 4 retail malt beverage drink license, per annum ........................................$200.00
1 . A..PA-Pq6iGta type 4 (also knewR as "NQ 4") permits rnalt h-eveFage dFink sales GRIy GR
the nremioeo
s
f. Malt beverage brew-sri-premises per annum..... Q�0.00
(2043)Qualified historic site license, per annum........................................................................$1.030.00
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21 The fee for each of the first five 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 to the same licensee at the same premises.
aA 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.
(2244) The holder of a nonquota retail malt beverage package license may obtain a nonquota
type 4 malt beverage drink license for a fee of $50.00. The holder of a nonquota type 4 malt
beverage drink license may obtain a nonquota retail malt beverage package license for a fee of
$50.00.
(2345) The activities permitted by the above licenses are defined in KRS ch. 243, which is
incorporated herein as {if} set out in full. Nonprofit organizations are exempted from license fees
required by a special temporary license above.
SECTION 10. 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 11. 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.
SECTION 12. 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 13. EFFECTIVE DATE. This Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
AYOR
ATTEST:
JJ
CITY CLERK
Introduced by the Board of Commissioners, September 12, 2017
Adopted by the Board of Commissioners, September 26, 2017
Recorded by City Clerk, September 26, 2017
Published by The Paducah Sun, September 29, 2017
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