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ORDINANCE #94-1 /-�,?a /
AN ORDINANCE ABOLISHING THE OFFICE OF THE
CITY OF PADUCAH ALCOHOLIC BEVERAGE
ADMINISTRATOR AND AMENDING CHAPTER 3,
ALCOHOLIC BEVERAGES OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, the City of Paducah presently has an office of Alcoholic
Beverage Administrator established pursuant to KRS 241.160; and
WHEREAS, pursuant to said Chapter, in lieu of the establishment and
existence of said office, the City of Paducah may assign the duties of this office to a
presently established City office; and
WHEREAS, it is the consensus opinion of the Board of Commissioners
that it would be economically beneficial to the City to abolish the position of the office
of Alcoholic Beverage Administrator and assign the duties of such office to the City
Manager.
NOW, THEREFORE, be it ordained by the Board of Commissioners
of the City of Paducah, as follows:
SECTION 1. The Office of the City of Paducah Alcoholic Beverage
Administrator is hereby abolished.
SECTION 2. Section 3-1, Article I, Definitions, of Chapter 3, Alcoholic
Beverages, of the Code of City Ordinances of the City of Paducah is hereby amended
to read as follows:
8146111 mean the a1GQh9liG bGWFaq9
Germ 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. (Ord. No. 82-7-2266, § 1, 6-22-82)
70
SECTION 3. Section 3-2, Article I, Administrator --Appointment; general
powers and duties, of the Code of City Ordinances of the City of Paducah is hereby
amended to read as follows:
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. The
functions, powers and duties of the beveFags
ad�+nistFafeF city manager shall be the same, with
respect to city licenses and regulations, as the functions,
powers and duties of the board with respect to state
licenses and regulations, except that no regulation
adopted by the city manager may be less
stringent than the regulations of the board, and all
regulations of the ad-ImI+Ris#ata-F city manager shall be
approved by the board prior to becoming effective. (Ord.
of 1-16-51, § 1; Ord. No. 82-7-2266, § 2, 6-22-62)
SECTION 4. Section 3-2.1. Article I, Appeals, of the Code of City
Ordinances of the City of Paducah is hereby amended to read as follows:
Appeals from order of the city air}istFa#eF manager may
be taken to the board as provided in KRS 241.200. (Ord.
No. 8207-2266, § 3, 6-22-82)
SECTION 5. Section 3-3. Article I, Administrator --Removal; not under
civil service of Chapter 3, of the Code of City Ordinances of the City of Paducah is
hereby repealed.
SECTION 6. Section 3-4, Article I, Same --Oath and bond, of the Code
of City Ordinances of the City of Paducah is hereby amended to read as follows:
_,. SRF .« -� --. . ,..T . .1- . ,. �_ -
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Before entering upon his duties as such the city alseholis
bWOFage administrator manager 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
�i 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. (Ord. of 1-16-51, § 3; Ord. No.
82-7-2266, § 4, 6-22-82)
SECTION 7. Section 3-25, Article II, License application, of the Code of
City Ordinances of the City of Paducah is hereby amended to read as follows:
Any person desiring to obtain a license required by this
article shall make application therefor to the city
manager, 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 8. Section 3-31, Article Il, Issuance, of the Code of
Ordinances of the City of Paducah is hereby amended to read as follows:
All licenses required by this Article shall be issued by the
city treasurer at the order and direction of the city
manager. If, in the judgment of the city
adIinistrater manager, the applicant for a license under
this article has complied with all requirements of the state
alcoholic beverage control laws, as well as all regulatory
provisions of this chapter, such license shall be issued.
VIn such case, the city manager 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 article. (Ord. of 5-14-40, §§ 2, 3)
72
SECTION 9. Section 3-36, Article II, License refusal, of the Code of
Ordinances of the City of Paducah is hereby amended to read as follows:
(a) The city administratnF manager 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) When a license is refused under the
provisions of this section, the city ad�inistrater manager
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.
(c) If the payment of a license fee was
erroneously made or the admnn8gtrata city manager
refuses to issue the license the admigistrateF city manager
shall authorize the refund of the amount paid, if at the
expiration of ten (10) days no appeal has been filed under
section 3-2.1. The refunds shall be made whether the
payments were voluntary or involuntary or were made
under protest or not. (Ord. of 5-14-40, §§ 20, 21; Ord.
No. 82-7-2266, §11, 6-22-82).
SECTION 10. Section 3-37, Article II, License revocation, of the Code of
Ordinances of the City of Paducah is hereby amended to read as follows:
(a) At any time after a license has been issued
under the provisions of this article, the same shall be
revoked by the city manager, if the alcoholic
beverage license issued by the state is revoked.
!19.1- 1, -- 1 -rte - - - n � ---,. -. F .—
(b) The admimistrateF city manager may, in his
discretion, order a suspension of the license for any
cause for which he 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 aainistrateF city manager,
to pay in lieu of part or all of the days of any suspension
period, a sum as follows:
Distillers, rectifiers, brewers and blenders, per day ... $1,000.00
Wholesale liquor licensees, per day ................ 400.00
Wholesale beer licensees, per day ................. 100.00
Retail drink liquor licensees, per day ................. 25.00
Retail package liquor licensees, per day .............. 25.00
Retail beer licensees, per day ...................... 10.00
All remaining licensees, per day .................... 10.00
(c) Payments in lieu of suspension collected by
the adMiRistFatGF city manager shall be deposited and
used as local alcoholic beverage license tax receipts are
deposed 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 253.590. (Ord. of
5-14-40, §§ 20, 21; Ord. No. 82-7-226, § 12, 6-22-82).
SECTION 11. Section 3-37.1, Article II, Institution of revocation
proceedings; notice; hearing, of the Code of Ordinances of the City of Paducah is
hereby amended to read as follows:
Z-. -.w- 1.7.
The adn 16n1ic6tr-taF
N manager, on his own 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
73
74
before the ad-mlinistrate-F city manager. (Ord. No. 82-7-
2266, § 13, 6-22-82)
SECTION 12. Section 3.40, Article II, Malt beverage license --Fees, of the
Code of Ordinances of the City of Paducah is hereby amended to read as follows:
The following kinds of malt beverage licenses may be
issued by the city ad +eistrateF manager, the semiannual
fees for which shall be:
Effective 1/1 /82
(1) Brewer's license .............................. $250.00
(2) Distributor's license ............................ 150.00
(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 herein as if set
out in full. Nonprofit organizations are exempted from the license fees
required by subsection (4) above. (Ord. No. 82-7-2266, § 16, 6-22-82;
Ord. 83-12-2488, § 1, 12-13-83)
SECTION 13. Section 3-41, Article ll, Distilled spirits and wine licenses --
Kinds; fees, of the Code of Ordinances of the City of Paducah is hereby amended to
read as follows:
The following kinds of distilled spirits and wine licenses
may be issued by the city administrate manager, the
semiannual fees for which shall be:
Effective 7/1/82
(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
(7)
Special temporary license, per month
or part of month ................................ 82.50
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75
(8) Special private club license ....................... 125.00
(9) Nonresident, special agent or
solicitor's license ............................... 40.00
The activities permitted by the above licenses are defined
in Chapter 243 of Kentucky Revised Statutes which is
01 incorporated herein as if set out in full. Nonprofit
organizations are exempted from license fees required by
subsection (7) above. (Ord. No. 82-7-2266, § 16, 6-22-82;
Ord. No. 83-12-2448, § 2, 12-13-83)
SECTION 14. Pursuant to KRS 83A.060, The Board of Commissioners
suspends the requirement of a second reading of this Ordinance. As grounds
therefor, the Board of Commissioners does hereby declare an emergency to exist as
to the implementation of this Ordinance. Specifically, Kentucky statute requires that the
City of Paducah must at all times maintain an office of alcoholic beverage administrator
or have another office assume and discharge the duties of such office. Accordingly,
since the Board of Commissioners desires the immediate abolition of the office of
alcoholic beverage administrator, it is necessary to immediately reassign such office's
duties to the city manager, and this ordinance shall become effective immediately with
one reading.
F,
RALDINE B. MONTGJJMI�Ry, MA
ATTEST:
Introduced and adopted by the Board of Commissioners on November 22, 1994
Recorded by City Clerk on November 22, 1994
Published by The Paducah Sun V11J7I , e2
ORD\16180