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(A) The City Council of the City, pursuant to KRS 242.185, has determined that economic hardship exists within the city, as is evidenced by its high rate of unemployment, slow rate of growth, loss due to plant closings, and a significant number of vacancies in the Central Business District. The City Council has further determined that the licensing authorization contained in divisions (B) and (C) below could aid economic growth. Further, the City Council adopts this chapter, the “Alcoholic Beverage Control Ordinance of the City of Dawson Springs”, as a comprehensive, regulatory ordinance covering, inter alia, the licensing and operation of hotels, motels, inns and restaurants for the sale of alcoholic beverages by the drink for consumption on the premises.
(B) The city shall have the power and authority to issue licenses authorizing hotels, motels, inns or restaurants to sell alcoholic beverages, such as distilled spirits and wine by the drink for consumption on the premises, and malt beverages if a malt beverage license is obtained. The licenses shall only be issued to hotels, motels or inns containing not less than 50 sleeping units and having dining facilities for not less than 100 persons at tables, or bona fide restaurants open to the general public having dining facilities for not less than 100 persons. The term BONA FIDE RESTAURANTS, as used in this section, shall mean, in addition to having the minimum seating requirements set forth above, restaurants which derive at least 50% of their gross revenue from the sale of food; this requirement is and shall be in accord with KRS 243.083. The fee for such a license shall be $600 per annum.
(C) In accordance with KRS 242.185(4), the DSABC is authorized to issue any license permitted by KRS 242.070, and the activity thereby licensed is permitted in accordance with state law and city law.
(D) Unless a different license fee is provided for in this chapter, the city license fee for any license authorized by KRS 243.070 shall be the maximum license fee allowed to the city by KRS 243.070, as it may be amended from time to time.
(E) All regulations which may be issued to administer KRS 242.185, this section of this chapter, and any other provision of this chapter or state law, shall conform to the requirements of KRS 241.190.
(Prior Code, § 116.034) (Ord. 2008-01, passed 3-26-2008)
(A) The city shall have the power and authority to issue a private club license to any non-profit 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. The license shall authorize the licensee to exercise the privileges of a retail malt beverage licensee, and distilled spirits and wine retail drink licensee at the designated premises, if the general public is excluded. All restrictions and prohibitions applying to a distilled spirits and wine retail drink license shall apply to a special private club licensee.
(B) The fee for this category of license shall be:
License Type | Fee |
Special private club license, per annum | $300 |
(Prior Code, § 116.035) (Ord. 2008-01, passed 3-26-2008)
(A) The City Council has determined that it is desirable and appropriate to regulate conduct on premises licensed to sell malt beverages at retail. State law makes no distinction between package sales of malt beverages and sale of malt beverages for consumption on the premises. The city finds that while a number of licensed premises may be suitable for the sale of malt beverages to be removed for consumption elsewhere, there are also a number of premises which are not suitable or appropriate for consumption of malt beverages on the premises. Examples include, but are not limited to, package distilled spirits and wine stores, grocery stores, convenience stores and premises which do not have adequate facilities for the congregation of customers who are consuming on premises, such as availability of food, adequate restrooms and at least a minimum of seating for customers.
(B) Except for special temporary retail malt beverage licenses issued for consumption of malt beverages on the premises, no malt beverage licensee shall allow consumption of any malt beverage on the licensed premises unless the licensee also holds, for the same premises a:
(1) Restaurant wine license;
(2) Hotel/motel/inn drink license;
(3) Restaurant drink license; or
(4) Special private club license.
(C) If no license set out in division (B) above is held by the malt beverage licensee, malt beverage consumption on the premises may nevertheless be allowed by the licensee on a restaurant premises having seating at table for no less than 50 persons, and which receives no less than 50% of its total food sales and alcoholic beverage sales from the sale of food.
(D) The intent of this section is to regulate and establish standards of conduct on premises selling malt beverages under license. This section shall not be construed as imposing any limitation upon the number of malt beverages licenses issued pursuant to this chapter. Nothing contained in this section shall be construed as prohibiting a licensee from selling malt beverages upon the licensed premises. The sole prohibition contained in this section is allowing consumption of malt beverages on the licensed premises if the nature of the premises does not conform with one of the situations described in divisions (A) or division (B) above.
(Prior Code, § 116.036) (Ord. 2008-01, passed 3-26-2008)
Applications for renewal of licenses required by this chapter shall be made for each license year, which, in order to coincide with the state license year, shall begin May 1 and extend through the last day of April of the succeeding year. Applications for renewal are to be filed with the DSABC no less than 15, nor more than 45, days prior to expiration.
(Prior Code, § 116.038) (Ord. 2008-01, passed 3-26-2008)
Pro-ration of fees shall be as provided for state licenses in KRS 243.090. In the event any licensee shall cease doing business for any reasons, no refund of the city license shall be granted to such licensee.
(Prior Code, § 116.039) (Ord. 2008-01, passed 3-26-2008)
(A) The assignment, transfer, continuance, pledge or hypothecation of city licenses shall be governed by the provisions of KRS 243.630, 243.640, 243.650 and 243.660. An approval by the state, under those statutes, shall be deemed an approval by the city. Non-approval by the state shall be deemed non-approval by the city. No city license may be sold or otherwise transferred (including transfer to any premises) unless the proposed transfer shall have first received the approval of the State Board, and thereafter the acknowledgment of the DSABC is given. A transfer fee of $25 shall be paid to the city.
(B) When a license has been lost or destroyed, the DSABC may issue a duplicate or replacement license upon payment of a fee of $25.
(Prior Code, § 116.040) (Ord. 2008-01, passed 3-26-2008)
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