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(A) Pursuant to KRS 243.075, there is hereby imposed a regulatory license fee upon the gross receipts of each and every person or entity licensed by the City ABC Administrator. The initial regulatory license fee shall be 5% of gross sales of alcoholic beverages.
(B) Payment of such regulatory fees shall be remitted to the City ABC Administrator, and shall be held in a separate account maintained for the purpose of fully reimbursing the city for the estimated costs of any policing, regulatory or administrative expenses related to the sale of alcoholic beverages in the city. The regulatory license fee shall be in addition to any other taxes, fees or licenses permitted by law; except that, a credit against a regulatory license fee in the city shall be allowed in an amount equal to any licenses or fees imposed by the city pursuant to KRS 243.070. Payment of the regulatory license fee shall accompany the tax returns approved for such use by the City Council. These returns and payments are due no later than by the end of the month immediately following each calendar quarter.
(C) Failure to pay such quarterly remittance within ten days of the due date constitutes a violation and subjects licensee to suspension or revocation.
(D) Penalty for failure to file a return and pay quarterly remittance by the due date is 5% of the tax for each 90 days or fraction thereof. The total late filing penalty shall not exceed 25% of the tax; provided, however, that, in no case shall the penalty be less than $10.
(E) Interest at the rate of 8% per annum will apply to any late payments.
(F) Annually, effective July 1 of each year commencing in 2015, the City Council shall review and establish the regulatory license fee for the ensuing year so as to conform to the requirements of this chapter and KRS 243.075.
(G) Prior to establishing the regulatory license fee, the Mayor shall cause the city's Auditor to audit the regulatory license fee account to insure compliance with KRS 243.075, and in conjunction with the City Clerk, to recommend, based upon the experience of the prior fiscal year, a fee rate for the ensuing year.
(H) The Auditor shall report his or her findings to the City Council and in addition to the regulatory license fee, recommend any action he or she deems necessary to insure compliance with KRS 243.075.
(Ord. 05-12-12, passed 12-16-2005; Ord. 13-9-12, passed 12-10-2013; Ord. 16-14-11, passed 11-22-2016)