(A) County licenses. 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 county and pursuant to the authority of KRS 243.060, there is hereby established a corresponding county license for each of the state licenses described in KRS 243.060. The fee for each county license shall be as set out in the schedule set forth below. In the event KRS 243.060 shall hereafter be amended to authorize additional county licenses, the fee for each county license shall be the maximum fee provided in the statute as amended.
(1) Quota Retail package license, per annum $1,000
(2) Quota retail drink license, per annum $1,000
(3) Non-quota Type 2 retail drink license, per annum $1,000
(includes distilled spirits, wine and malt beverages)
(4) Non-quota Type 3 retail drink license, per annum $300
(includes distilled spirits, wine and malt beverages)
(5) Special temporary license, per event $166
(6) Special Sunday retail drink license, per annum $300
(7) Non-quota retail malt beverage package license, per annum $400
(8) Non-quota Type 4 retail malt beverage drink license, per annum $400
(9) Limited restaurant license, per annum $1,400
(includes distilled spirits, wine, and malt beverages)
(10) Limited golf course license, per annum $1,400
(includes distilled spirits, wine, and malt beverages)
(11) Authorized public consumption license, per annum $250
(if want to allow)
(12) Qualified historical site license, per annum $1,030
(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.
(D) Certain special licenses defined.
(1) Limited restaurant license. A limited restaurant license may be issued pursuant to KRS Chapter 243, if said restaurant meets the definition of a LIMITED RESTAURANT as set forth in KRS 241.010(36) it is a facility where the usual and customary business is the serving of meals to consumers, which has a bona fide kitchen facility, which receives at least 70% of its gross income from the sale of food, and which maintains seating capacity of either 100 or 50 persons for dining If the limited restaurant only maintains seating capacity for 50 persons, it shall not have open bar and all alcoholic beverages shall be sold in conjunction with the sale of a meal. Distilled spirits, wine, and malt beverages shall be deemed to be purchased in conjunction with a meal if the distilled spirits, wine, and malt beverages are served after the meal is ordered and no more than one-half hour after the meal is completed.
(2) Limited golf course license. A limited golf course license may be issued pursuant to KRS Chapter 243 if an establishment meets the following conditions: a golf course with nine, or 18 holes that meets United States Golf Association criteria as a regulation golf course. A limited golf course license shall authorize the license to purchase, receive, possess, and sell distilled spirits, wine, and malt beverages at retail by the drink for consumption on the licensed premise.
(3) Non-quota Type 1 retail drink license. A non-quota retail drink license may be issued to, and in the, following as defined by KRS to: a convention center or a convention hotel complex; a horse racetrack; an automobile racetrack; a railroad system; a commercial airlines system or charter flight system, a qualified historic site, state park.
(4) Non-quota Type 2 retail drink license. A non-quota retail drink license may be issued pursuant to and as defined by KRS to the following: (a) a hotel that contains at least 50 sleeping units, contains minimum dining seating for at least 50 persons, and which maintains 50% of its gross food and drinks sales are from the sale of food; (b) a restaurant that contains minimum dining seating for at least 50 persons, and which maintains 50% of its gross food and drinks sales are from the sale of food; (c) an airport; or (d) a riverboat.
(5) Non-quota Type 3 retail drink license. A non-quota 3 retail drink license may be issued pursuant to and defined by KRS to the following: (a) a private club in existence for longer than one (1) year prior to the license application and which excludes the general public; (b) a dining car, (c) a distiller, and (4) a bed and breakfast.
(6) Non-quota Type 4 retail malt beverage drink license. A non-quota Type 4 retail malt beverage drink license may be issued pursuant to and as defined in KRS to the following: a holder of a quota retail drink license; a holder of a microbrewery license; a holder of a small farm winery license; and any other business wishing to sell malt beverages by the drink for consumption on the premises only. A non-quota retail malt beverage drink license shall not be issued to any premises from which gasoline and lubricating oil are sold, or from which the servicing and repair of motor vehicles is conducted, unless there is maintained in inventory for sale on the premises at retail not less than $5,000 of food, groceries, and related products valued at cost.
(7) Special temporary license. A special temporary license may be issued only as set forth in KRS 243.260 and 804 KAR 4:250. Such a license may be issued to any regularly organized fair, exposition, racing Association, organized civic or community-sponsored event, or charitable event as defined by applicable law. This license shall authorize the licensee to exercise the privileges of a quota retail drink licensee and a non-quota Type 4 malt beverage drink licensee at designated premises for a specified and limited time, which shall not exceed 30 days and which shall expire when the qualifying event ends. All restrictions and prohibitions applying to a distilled spirits and wine quota retail drink license or a non-quota retail malt beverage drink license shall apply also to a special temporary licensee as described in this section.
(8) Authorized public consumption license (optional). A specific county ordinance is required to authorize these license types to be issued to a commercial quadricycle business. KRS 243.089(d) provides that required ordinance must address: (1) Hours of operation; (2) Local licensing requirements; (3) Any additional insurance requirements; (4) Standards for the approval of authorized travel routes; (5) Safety and equipment standards; (6) Local inspection requirements; (7) Standards for vehicle operation; and (8) Standards for loading and unloading passengers.
(9) Qualified historic site license. Shall authorize the licensee to:
(a) Sell alcoholic beverages by the drink at one or more permanent or nonpermanent locations on the premises over which the licensee, by lease or ownership, has exclusive control without obtaining additional supplemental bar licenses prescribed by KRS 243.037;
(b) Sell alcoholic beverages by the drink to patrons at public or private functions held on premises; and
(c) Purchase and store alcoholic beverages in the manner prescribed in KRS 243.088, 243.250, and 244.260.
(E) Expiration of license; proration of fees. All county licenses, except temporary licenses, shall begin on May 1 of any year and shall expire on April 30 of the following year as set forth in KRS 243.090 and 804 KAR 4:390. Any licenses issued after November 1 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.
(F) Payment of license fees; delinquency. No licensee shall enter into or begin operating any business for which a license is required by this chapter 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 this chapter.
(G) Refund of fees.
(1) Should any licensee under this chapter be prohibited from conducting the licensed business for the full period covered by the license because of any changes that may hereafter be made in the laws of the Commonwealth with reference to alcoholic beverages or other cause outside licensee's control, then the county shall refund to licensee the proportionate part of the license fee for the period during which licensee is prevented from carrying on said business if the licensee provides sufficient proof to the County ABC Administrator that such period of inactivity was not the fault of the licensee or the result of a revocation, suspension or other wrongdoing by licensee, or an agent or employee of the licensee.
(2) In the event a violation of this chapter occurs that results in the suspension or revocation of the license, the county shall not be required to refund any portion of the license fee.
(H) Pursuant to KRS 243.075, there is hereby imposed a regulatory license fee on the gross receipts of sale of alcoholic beverages of each licensee who has a local license issued by the County ABC Administrator. The County's regulatory license fee shall be 5% of gross sales of all alcoholic beverages sold by the drink. In the case of retail sales of package distilled spirits and wine, the regulatory license fee shall be 5% of gross sales. The regulatory license fee shall be 5% on gross retail sales of package malt beverages.
(1) (Please note: the County Fiscal Court may adopt with the budget for each subsequent fiscal year, such annual rate for the regulatory license fee as shall be reasonably estimated to ensure full reimbursement to the county for the cost of any additional policing, regulatory, or administrative expense related to the sale of alcoholic beverages in the county. Should the county fail to address the regulatory license fee in any budget, men the regulatory license fee shall remain at the level at which it was last fixed in this ABC Ordinance until such time as the County Fiscal court shall adjust the fee.)
(2) Payment of said regulatory fee shall be remitted to the County ABC Administrator, who shall transmit all fees to the County Clerk, or his designee, for deposit into the appropriate designated account. The County may use said fees as permitted by law, including but not limited to, any cost of additional policing, regulatory or administrative expenses related to the sale of alcoholic beverages in the County. The regulatory license fee shall be in addition to any other fees or licenses permitted by law, except that a credit against a regulatory license fee in the County shall be allowed in an amount equal to any license fee shall be based on paperwork required by the local and/or state ABC Administrator, which may include but is not limited to tax returns and financial statements. Said paperwork and payment will be due according to the schedule set forth by the County ABC Administrator, or his designee, which may be set at but is not limited to, time periods consisting of a monthly or quarterly billing by the local ABC office and/or the County.
(3) Failure to pay such remittance within ten days of the due date constitutes a violation and shall subject a licensee to suspension or revocation.
(4) Penalty for failure to file a return and pay remittance by the due date is 5% of the regulatory fee for each 90 days or fraction thereof. The total late filing penalty shall not exceed 25% of the regulatory fee; provided, however, that in no case shall the penalty be less than $10.
(5) Interest at the rate of 8% per annum will apply to any late payments.
(I) Disposition of fees and any other type of payment to the County. The County ABC Administrator shall transmit all fees and any other types of payment made to the County, upon collection, to the County Clerk, or his/her designee, for deposit into the appropriate designated account.
(Ord. 584, passed 11-15-2016; Ord. 605, passed 11-21-2017)