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HomeMy WebLinkAbout2021-04-8685CITY OF PADUCAH ORDINANCE NO. 2021-04-8685 AN ORDINANCE ESTABLISHING AN ENTERTAINMENT DESTINATION CENTER IN THE DOWNTON OF PADUCAH AND FURTHER DIRECTING THE CITY OF PADUCAH TO APPLY FOR AN ENTERTAINMENT DESTINATION CENTER LICENSE FROM THE COMMONWELATH OF KENTUCKY DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND FURTHER ESTABLISHING THE REQUIREMENTS FOR LICENSEES TO SELL ALCOHOLIC BEVERAGES WITHIN THE ENTERTAINMENT DESTINATION CENTER. WHEREAS, KRS 243.030(21) authorizes the issuance of an Entertainment Destination Center (EDC) License by the Commonwealth of Kentucky Department of Alcoholic Beverage Control; and WHEREAS, the City meets the requirements under KRS 243.030(21) and 804 KAR 4:370 to enact an EDC; and WHEREAS, the City seeks to create an EDC within its downtown for which it shall apply for and obtain a license from the Commonwealth of Kentucky Department of Alcoholic Beverage Control; and WHEREAS, the Entertainment Destination Center will build upon 20 years of revitalization and redevelopment initiatives for our historic Downton and riverfront; and WHEREAS, in addition to the Artist Relocation Project, Completion of Flood Wall Murals, Riverfront Development Plan, Renaissance Area Master Plan, Transient Boat Dock, Schultz Park, Paducah Main Street and Downtown Development Grants, Paducah Commons Small Area Master Plan, Greenway Trail, Opportunity Zones, BUILD Grant: Leveraging Connectivity, City Block Redevelopment Project and Town Square, and Paducah Tax Increment Finance District, the creation of an EDC in downtown Paducah will aid in the economic growth of tourism in the City; and WHEREAS, the Entertainment Destination Center is a catalyst project that will draw people to our Downtown, strengthening our existing local businesses and attracting new businesses and entrepreneurs; and WHEREAS, a newly established Entertainment Destination Center will boost our restaurant and hospitality industries by allowing customers to take to -go drinks and stroll our historic streets, browse the windows of our local boutiques, watch the towboats on the water, and partake in outdoor events; and WHEREAS, the City further seeks to establish the requirements for a licensee to sell alcoholic beverages within the EDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. A new Article shall be created in Chapter 6 of the City of Paducah, Kentucky Code of Ordinances which shall be titled "Entertainment Destination Center" to state as follows: The geographical boundaries of the Entertainment Destination Center (EDC) in the City of Paducah lies within the followingdescription: CITY OF PADUCAH ENTERTAINMENT DESTINATION CENTER (EDC) BOUNDARY DISTRICT LEGAL DESCRIPTION An area to be known as the EDC containing 109.40 Acres located on the northeasterly side of the City of Paducah on the banks of the Ohio River and more particularly bounded and described as follows: Beginning at a point in the centerline intersection of South 3rd Street and Clark Street in the City of Paducah, said point being the southernmost corner of the herein described tract; THENCE FROM SAID POINT OF BEGINNING and running in a northwesterly direction with the centerline of South 31 Street, N 24156'04" W a distance of 823.53 feet to a point in the centerline of Kentucky Avenue; thence with the centerline of said Avenue and in a southwesterly direction S 65°01'01" W a distance of 490.16 feet to a point, said point being approximately 72 feet and perpendicular from the intersection of said Avenue and South 41 Street; thence running parallel with South 4' Street N 24°31'24" W a distance of 315.49 feet to a point that is located approximately 100 feet from centerline of Broadway Street as measured perpendicularly; thence running parallel with said street S 65°39'29" W a distance of 338.10 feet to a point in the centerline of South 5' Street; thence running with the centerline of said street and passing Broadway Street, N 24°21'17" W a distance of 159.42 feet to a point in the centerline of said North 51 Street and being approximately 65 feet from Broadway as measured perpendicularly; thence running parallel with said street N 63°54'02" E a distance of 286.85 feet to a point that is approximately 118 feet from the centerline of North 4' Street as measured perpendicularly; thence running parallel with said street N 24°43'58" W a distance of 1581.32 feet to a point in the centerline of Harrison Street; thence running with the centerline of said street N 64021'50" E a distance of 328.59 feet to a point, the centerline intersection of said street and North Loop Road; thence running with the centerline of said road N 56°49'34" W a distance of 405.28 feet to a point, the centerline intersection of said street and North 4'h Street; thence running with the centerline of said street N 25014'12" W a distance of 467.63 feet to a point in the centerline of Park Avenue; thence running with the centerline of said Avenue S 6692'55" W a distance of 419.55 feet to a point, the intersection of said Avenue with North 5' Street; thence running with the centerline of said street N 25°28'35" W a distance of 479.63 feet to a point, the approximate end of North 5' Street; thence running approximately with the Paducah Flood Wall N 42°37'23" W a distance of 314.75 feet to a point; thence N 32°04'21" E a distance of 191.80 feet to a point; thence N 78°38'47" E a distance of 177.92 feet to a point; thence running parallel with the Ohio River S 68°10'58" E a distance of 301.20 feet to a point; thence continuing parallel to said river S 61°31'34" E a distance of 346.19 feet to a point; thence encompassing the Old Showroom Lounge on the Paducah Riverfront for the following three calls: N 39°00'43" E a distance of 194.23 feet to a point, S 46°28'13" E a distance of 164.54 feet to a point, and S 39°34'22" W a distance of 83.65 feet to a point; thence with the top of bank and parallel with said river S 52°36'04" E a distance of 568.53 feet to a point; thence continuing with top of bank and said river S 48°31'28" E a distance of 582.81 feet to a point; thence following the 302 foot contour around Schultz Park per Plat recorded in Section M, Page 1260 in the McCracken County Clerk's office for a distance of 1,426.62 feet to point on the top of the bank, thence; thence with the top of bank and parallel to said river for the following four calls: S 42°01'21" E a distance of 369.35 feet to a point, S 38°37'41" E a distance of 248.00 feet to a point, thence S 30°35'58" E a distance of 312.27 feet to a point, and S 27°14'19" E a distance of 362.21 feet to a point in the extended centerline of Kentucky Avenue; thence running with said centerline S 66°44'28" W a distance of 179.53 feet to a point that is 30 feet from South Water Street as measured perpendicularly; thence running parallel with said street S 25°26'27" E a distance of 372.43 feet to a point; thence S 50010'24" W a distance of 34.07 feet to a point in the centerline of said street; thence running with the centerline of said street S 12°29'44" W a distance of 360.02 feet to a point; thence S 02°44'09" E a distance of 160.97 feet to a point in the centerline of Clark Street; thence running with centerline of said street S 64°54'20" W a distance of 547.91 feet to a point; the point of beginning, having an area of 109.40 acres. This description was prepared for establishing the City of Paducah EDC Area only and is not to be used for the conveyance of real property. Bearings and distance have not been verified via field survey. Certain public spaces including, but not limited to, the Lowertown residential areas are excluded from the EDC licensed premises. A map of the EDC is attached hereto as "Exhibit A " and incorporated fully herein. Section 2. A new section shall be created in Chapter 6 of the City of Paducah, Kentucky Code of Ordinances to state as follows: (a) The City of Paducah shall apply to the Commonwealth of Kentucky Dpartment 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 Cittiharmless for any incidents which occur as a result of the ABC licensee operating within the EDC, as well as namingthe he 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 ate,' (3) All ABC licensees approved by the Cjjy 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 (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 Ci 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 ABC licensee with alcoholic beverage drinks and consume those drinks in any entertainment destination center common area or at other licensed EDC premises within the EDC, if permitted by the ABC licensee if the City (1) 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) 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) Participating ABC licensees may prohibit customers from entering their premises with an alcoholic beverage purchased form a different ABC licensee (h) Patrons are prohibited from taking alcoholic beverages outside the physical boundaries of the entertainment destination center. (i) 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. (j) In no event shall patrons be permitted to bring any alcoholic beverages purchased outside of the EDC into the EDC. (k) 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. (1) 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) Nothing in this ordinance shall be construed to prohibit minors from entering g the EDC common areas. (n) License Revocation: All EDC licensees shall agree that they are aware their EDC license may be revoked by City with 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 3. A new section shall be created in Chapter 6 of the City of Paducah, Kentucky Code of Ordinances which shall be titled "EDC Fees" and to state as follows: (a) All ABC licensees participating in the EDC shall be required to pay a yearly_ fee to City of Two Hundred Fifty Dollars and no/100 ($250.00). This payment shall be due and payable on or before July 15 of each year. Section 4. 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 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. GEORGE BRAY, MAYOR ATTEST: CLERK l Introduced by the Board of Commissioners, April 13, 2021 Adopted by the Board of Commissioners, April 27, 2021 Recorded by City Clerk, April 27, 2021 Published by The Paducah Sun ApZLL 28 , 2021 ORD\Entertainment Destination Center Alcohol Ordinance 4-21 �— Ordinance prepared by A. Blackwell — Denton Law