§ 111.10  LICENSES. 
   (A)   As used in this section related to licensees within the limited sale precincts:
      HOTEL means a hotel, motel or inn which can demonstrate to the City Administrator that the gross sales of the restaurant located within such hotel from the sale of food for consumption on the premises is not less than 50% of the total of gross sales of such licensed restaurant for the annual period and has dining facilities of not less than 50 persons.
      RESTAURANT means a facility where the usual and customary business is the preparation and serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least 50% of its food and alcoholic beverage receipts from the sale of food at the premises and has dining facilities for not less than 50 persons.
   (B)   The City Administrator shall review the licensee's records and monthly returns required under § 111.28 to determine if the licensee has met this definition to permit renewal of such license.
   (C)   In no event shall a license for renewal be issued for any restaurant or any dining facility in a hotel, unless the applicant can demonstrate to the Administrator that 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 gross receipts of such restaurant or dining facility for the license period and has dining facilities for not less than 50 persons.
   (D)   Pursuant to the provisions of KRS 242.1292(6) in each limited sale precinct the following licenses are provided for:
      (1)   (a)   Central.
            1.   Five licenses permitting the package sale of alcoholic beverages at retail.
            2.   Eleven licenses permitting the sale by the drink for consumption by the general public on the premises of a restaurant or a hotel/motel or inn.
         (b)   Moore Precinct.
            1.   Four licenses permitting the package sale of alcoholic beverages at retail.
            2.   Eleven licenses permitting the sale by the drink for consumption by the general public on the premises of a restaurant or a hotel/motel or inn.
         (c)   Carp.
            1.   Three licenses permitting the package sale of alcoholic beverages at retail.
            2.   Four licenses permitting the sale by the drink for consumption by the general public on the premises of a restaurant or a hotel/motel or inn.
         (d)   The licenses listed above shall be otherwise consistent with the qualifications and requirements of the Kentucky Revised Statutes.
         (e)   Licenses issued permitting the sale by the drink for consumption by the general public on the premises shall be granted only to a hotel with not less than 50 sleeping units and having dining facilities for not less than 50 persons or to bona fide restaurants open to the general public having dining facilities for not less than 50 persons.
      (2)   Pursuant to KRS 242.1292(6)(b) special private club licenses to sell alcoholic beverages by the drink for consumption on the premises may be granted to any non-profit, social, fraternal, military or political organization or club established and maintained for the benefit of members only, and which otherwise meet the criteria set out in KRS 243.270.
         (a)   Membership qualifications shall be consistent with their national organization, and a policy for courtesy membership or any temporary membership privilege will not be tolerated. The existence of such a membership policy shall be a violation of this chapter.
         (b)   Should membership qualifications be altered the club making such change shall furnish a copy of the proposed alteration within ten days to the City Administrator. Failure to furnish such change shall constitute a violation.
         (c)   Clubs licensed to sell alcoholic beverages will provide to the City Administrator a list of its officers and notify the City Administrator of any change thereto. Club officers for the licensing year shall not have been convicted of any felony within the past five years or two misdemeanors or offenses directly or indirectly attributable to the use of intoxicating liquors within the past two years.
      (3)   Other licenses permitted under KRS 243.030 and KRS 243.040 in the limited sale precincts which KRS 243.070 permits the city to impose fees for the privilege of such license may be issued by the City Administrator.
      (4)   (a)   By the drink licenses at restaurants and dining facilities which seat a minimum of 50 persons and derive a minimum of 70% of their gross receipts from the sale of food, permitted at any location within the city that is zoned for such commercial purpose.
         (b)   The City Administrator shall review the licensee's records and monthly returns required under § 111.28 to determine of the licensee has met this definition to permit renewal of such license.
         (c)   In no event shall a license for renewal be issued for any restaurant or dining facility in a hotel, motel or inn unless the applicant can demonstrate to the Administrator that 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 70% of the total gross receipts of such restaurant or dining facility for the licensee period and has dining facilities for not less than 50 persons.
      (5)   (a)   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.
         (b)   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.
      (6)   Entertainment.
         (a)   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 or her 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.
         (b)   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. 59-2018, passed 3-22-18)