(A) The City Council, pursuant to KRS 242.185, has determined that an economic hardship exists within the city, as is evidenced by Hopkins County’s high rate of unemployment of more than 10%, slow rate of growth and a decline in population in the City of Earlington which has been caused by economic opportunities. The City Council has further determined that the licensing authorization contained in divisions (B) and (C) of this section could aid economic growth. Further, the City Council adopts this chapter, i.e. the “Alcoholic Beverage Control Ordinance of the City of Earlington”, 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 by the drink for consumption on the premises. 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, 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 for consumption on the premises; this requirement is and shall be in accord with KRS 242.1295. The fee for such a license shall be $600 per annum.
(C) In accordance with KRS 242.185(4), the CABC is authorized to issue any license permitted by KRS 243.070, 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 of Earlington 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.
(Ord. 2011-1, passed 4-28-2011)
Statutory reference:
The authorizing statute cited in this section, KRS 242.185, was repealed by the 2013 Acts