(A) For the privilege of causing, permitting and engaging in the actions, business, and transactions authorized thereby in regard to traffic in alcoholic beverages in the city and pursuant to the authority of KRS 243.070, there is hereby established a corresponding city license for each of the state licenses described in KRS 243.070. The fee for each city license shall be as set out in the following schedule. In the event KRS 243.070 shall hereafter be amended to authorize additional city licenses, the fee for each city license shall be the maximum fee provided in the statute as amended.
(1) Distilled spirits and wine license fees. The following distilled spirits and wine licenses may be issued by the city, the fees for which shall be:
(a) Distiller’s license, per annum: $500.
(b) Rectifier’s license, Class A, per annum: $3,000.
(c) Rectifier’s license, Class B, per annum: $960.
(d) Wholesaler’s distilled spirits and wine license, per annum: $3,000.
(e) Quota retail package license, per annum: $600.
(f) Quota retail drink license, per annum: $600.
(g) Special temporary license, per event: $100.
(h) Nonquota Type 1 retail drink license (includes distilled spirits, wine, and malt beverages): $2,000.
(i) Nonquota Type 2 retail drink license (includes distilled spirits, wine, and malt beverages), per annum (restaurant drink license): $800.
(j) Nonquota Type 3 retail drink license (includes distilled spirits, wine and malt beverages) (private clubs), per annum: $300.
(k) Distilled spirits and wine temporary auction, per event: $200.
(l) Special Sunday sale retail drink license, per annum: $300.
(m) Special temporary auction license, per event: $100.
(n) Bottling house or bottling house storage license, per annum: $1,000.
(2) Malt beverage license fees.
(a) The following kinds of malt beverage licenses may be issued by the city, the fees for which shall be:
1. Brewer’s license, per annum: $500.
2. Microbrewery license, per annum: $500.
3. Malt beverage distributor’s license, per annum: $400.
4. Nonquota retailer malt beverage package license, per annum: $200.
5. Nonquota Type 4 retail malt beverage drink license, per annum: $200.
(b) The fee for each of the first five supplemental bar licenses shall be the 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.
(c) 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. 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.
(3) Restaurant drink license. The gross receipts of the restaurant or the dining facility from the sale of food for consumption on the premises is reasonably estimated to be not less than 50% of the total food and beverage receipts of such restaurant or dining facility for the license period.
(4) Other license fees. The following kinds of other licenses may be issued by the city, the fees for which shall be:
(a) Convention center or convention hotel complex license, per annum: $2,000.
(b) Extended hours supplemental license, per annum: $2,000.
(c) Horse racetrack license, per annum: $2,000.
(d) Caterer’s license, per annum: $800.
(e) Riverboat license, per annum: $1,200.
(f) Automobile racetrack license, per annum: $2,000.
(g) Limited restaurant license or limited golf course license, per annum: $800 (includes distilled spirits, wine, and malt beverages) for new applicants.
(h) Special private club license, per annum: $300.
(B) Certain special licenses defined.
(1) Special temporary licenses.
(a) A special temporary license for a qualifying event may be issued only as set out in KRS 243.260. This license shall authorize the licensee to exercise the privileges of a quota retail drink licensee and an NQ4 retail malt beverage drink licensee at designated premises for a specified and limited time, not to exceed 30 days, and shall expire when the qualifying event ends. All restrictions and prohibitions applying to a distilled spirits and wine quota retail drink licensee or an NQ4 retail malt beverage drink license shall apply also to a special temporary licensee. In the case of a nonprofit organization holding an NQ4 retail malt beverage license, such organization may be issued a special temporary license to sell distilled spirits and wine by the drink on the licensed premises, in conjunction with any public or private event, for a specified and limited time, not to exceed ten days.
(b) ORGANIZED CIVIC OR SPONSORED EVENT, as referred to in KRS 243.260, shall be defined as follows: a public gathering of broad appeal where citizens are invited and encouraged to attend without significant cost of admission that is sponsored or acknowledged by the city or county government in which the event is conducted, including any convention, conference, celebration, pageant, parade, festival, fair, public display, commemoration, or other type of public assemblage conducted for the benefit and enjoyment of the general public.
(2) Special license required for Sunday sales. No retail drink licensee shall offer alcoholic beverages for sale on Sunday unless the licensee shall have obtained a special license for Sunday sales.
(3) Private club license.
(a) A special private club license may be issued only as authorized in KRS 243.270 to a nonprofit social, fraternal, military, or political organization or club, which for more than one year prior to the date of application has maintained and operated a club room or rooms from which the general public is excluded.
(b) All restrictions and prohibitions applying to retail drink, distilled spirits, wine and malt beverage licenses shall apply to the special licenses, unless otherwise provided by law.
(C) Expiration of license; proration of fees. All city licenses, except temporary licenses, shall begin on July 1 of any year and shall expire on June 30 of the following year. Any licenses issued after December 31 of any year shall be assessed a fee which is based on the pro rata portion of the remainder of the license period; however, the cost of any license shall not be less than one-half the amount of the full fee for an annual license of that type.
(D) Payment of license fees; delinquency. No licensee shall enter into or begin operating any business for which a license is required by this section until the license fee has been paid in full. The fee for renewal of any license shall be paid with the renewal application. Failure to pay any license fee within ten days after it becomes due shall result in a penalty equal to 10% of the license fee. Any licensee failing to pay the fees, including penalties, within ten days after such fees are due may be subject to revocation of the license and to other penalties as provided in § 111.99.
(E) (1) While KRS 244.330 permits one bar, counter or similar contrivance in any licensed premise under a single retail drink license, due to modern business practices and the large interior areas of some licenses, it may be necessary to provide more than one bar within a licensed premise to effectively serve the patrons at such premises. A supplemental bar may be allowed to a licensee, if such licensee can show the City Administrator the need for such supplemental bar and upon payment of an additional fee. A supplemental bar license may be issued to a licensee upon a showing to the City Administrator of good cause and need for the supplemental license, and upon payment of a fee equivalent to the amount of the annual license fee paid by the licensee. This supplemental license may only be issued for the use on the premises for which the applicant's existing license was issued.
(2) Additional service bars are permitted as provided under KRS 244.330 not in rooms in which members or guests or patrons of the place shall be permitted to come, and no distilled spirits or wine shall be served at service bars.
(F) Entertainment. Any licensee under this section desiring to provide entertainment to patrons of such licensed premise must first obtain a separate entertainment license by application to the City Administrator under this section in the form approved by the City Manager or his designee.
(1) Term of such license shall be concurrent with the retail drink license.
(2) Fee for such license shall be $100.
(3) This license shall be subject to the same sanctions as the retail drink license.
(G) (1) Any license issued by the City of Ashland prior to July 1, 2022 under the authority of KRS 242.1292 shall remain valid and in effect unless the license is surrendered, shall continue to be subject to the regulatory licensing fee, and shall not count towards the total number for any other city, county or state license.
(2) No licensee shall offer or permit nudity, or adult entertainment activities, including nude or nearly nude dancing, adult motion picture, television, stage shows, cabarets or sectional entertainment centers on any licensed premises. No licensee shall permit explicit sexual activity, whether actual or simulated, upon any licensed premises. No licensee shall sponsor or permit wet T-shirt or wet clothing contests, lingerie fashion shows, mud wrestling, jello wrestling or similar activities, nor shall a licensee allow dancing with touching for compensation (including but not limited to wages, tips or gratuities), or any other service, display or contest requiring physical contact between patrons and/or patrons and employees on any licensed premises.
(3) The purpose of this section is to provide city review of the type of such entertainment to promote the public health, safety, morals and welfare, and such licenses will not be unreasonably withheld, but periodic review will occur to protect those interests of the community set out herein.
(Ord. 8, 2021, passed 1-28-21; Am. Ord. 96, 2022, passed 6-9-22)