(A) It is hereby determined by the City Council that an economic hardship exists within the city and that the sale of alcoholic beverages by the drink could aid economic growth. Therefore, it is hereby ordained that hotels, motels, inns and restaurants may be licensed for the sale of alcoholic beverages by the drink for consumption on the premises (Quota Retail Package License or Quota Retail Drink License or NQ-4 Malt Beverage Drink License). This amendment is enacted pursuant to KRS 242.185. This provision shall be subject to the following.
(1) 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.
(2) Licenses for such sales shall be obtained by making application to the City Clerk or his or her designee for the city and only upon verification of compliance with the requirements of this chapter and payment of all fees associated therewith.
(3) There is hereby imposed a regulatory license fee upon the gross receipts of each establishment located in the city licensed to sell alcoholic beverages by the drink for consumption on the premises. The regulatory license fee shall be levied at a rate of 2.5% of gross receipts for each establishment licensed under this section and shall be paid annually. The regulatory license fee imposed hereby shall be in addition to any and all other taxes, fees or licenses permitted by law, but a credit against said fee shall be allowed in an amount equal to any license or fees imposed by the city pursuant to KRS 243.070 and shall also receive a credit against net profits assessed under City Ordinance Number 2007-016. (see Editor’s note)
(4) Licensees pursuant to this section shall operate only in conformity with and during the hours provided for the sale of all other alcoholic beverages as otherwise set forth in this chapter.
(B) Nothing herein shall be interpreted to infringe upon sales of malt beverages by the drink authorized under other sections of this chapter and/or by Kentucky Revised Statutes. Provided, all such sales by the drink shall be subject to the license fees set forth in this section.
(Ord. 2013-015, passed 12-9-13) Penalty, see § 114.99
Editor’s note:
§§ 114.48 and 114.49 shall be construed as follows: The 2.5% of gross receipts referred to in § 114.48(A)(3) shall apply only to gross receipts from the sale of alcoholic beverages by the drink. However, the 70% of gross annual income referred to in § 114.49 shall apply only to the restaurant or motel operation should such motel or restaurant operation be a component of a larger or multi-faceted operation.