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LaGrange, KY Code of Ordinances
LAGRANGE, KENTUCKY CODE OF ORDINANCES
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TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Comprehensive Ordinance Table
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§ 117.03 DELINQUENT TAXES; LICENSE WITHHELD.
   No license to sell alcoholic beverages shall be granted to any person who is delinquent in the payment of any taxes due to the city at the time of issuing the license. Nor shall any license be granted to sell on any premises or property, owned and occupied by the licensee, on which there are any delinquent taxes or liens due to the city. Where the property or premises on which a license to sell is sought, is rented or occupied by the applicant for a license but is owned by another, no license shall be granted if the taxes or liens of the city due on the property or premises have not been paid. In such cases, the City ABC Administrator may not issue a license to sell alcohol until he or she has received from the applicant a written statement from the city which indicates that the applicant for the license and the owner of the property or premises on which the license is sought have paid in full all unpaid and delinquent taxes or liens referred to above which were owed to the city.
(Ord. 11-2012, passed 9-4-2012)
§ 117.04 FORFEITURES.
   If any license issued under this chapter is revoked or cancelled for any reason by the City ABC Administrator, the licensee shall forfeit any and all claims, which the licensee might otherwise have had to any portion of the license fee paid by the licensee on the issuing of the license.
(Ord. 11-2012, passed 9-4-2012)
§ 117.05 COMPLIANCE WITH OTHER ORDINANCES AND REGULATIONS.
   No license shall be issued or renewed to any person for selling at retail or wholesale any alcoholic beverages at any premises or location where such business or associated activities are prohibited under state law, or are in violation or conflict with any regulation, including, but not limited to, signs, fire prevention and/or the zoning code and regulations of the city and any ordinance supplementary or amendatory to it, and any license issued in violation of this section shall be void. However, any person who held a city ABC license for the sale of alcohol, and actually carried on thereunder this business (during or within the last month of the preceding license period) shall be granted a similar license by the City ABC Administrator for the same business at the same premises or location, until its prior stated expiration date, at no additional cost.
(Ord. 11-2012, passed 9-4-2012)
§ 117.06 CONDITIONS GOVERNING LICENSES.
   All licenses granted under this chapter shall be granted subject to the following conditions, and all other conditions of other ordinances and regulations of the city applicable thereto.
   (A)   Each licensed premises shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises and no nuisance suffered, permitted or maintained thereon.
   (B)   It shall be unlawful for any licensee under this chapter to sell, keep or permit to be sold, or kept on the licensed premises any controlled substances as defined in KRS Chapter 218A, except at a licensed pharmacy. In addition to other penalties set out in this chapter for the violation of this section the City ABC Administrator shall also have the authority to revoke the license issued to the premises.
   (C)   It shall be unlawful for any licensee, or any employee of any licensee, to permit or allow acts of prostitution, gambling or the possession of any gambling device on the licensed premises, unless the gambling activity is licensed by the Kentucky Lottery, the Kentucky Racing Commission for pari-mutuel betting or the Office of Charitable Gaming.
   (D)   It shall be unlawful for any licensee, or employee of any licensee, to allow the premises to become overcrowded or violate any ordinance or regulation of the Fire Prevention or Fire Marshal offices.
(Ord. 11-2012, passed 9-4-2012) Penalty, see § 117.99
§ 117.07 ISSUANCE OF LICENSE; RECEIPT OF FEES.
   (A)   All licenses permitted under state law for a city with a population of the fourth class shall be allowed and all licenses granted under this chapter shall be approved and issued by the City ABC Administrator. All license fees from licenses issued under this chapter shall be collected by the City ABC Administrator.
   (B)   All licenses approved by the City ABC Administrator and issued by the city shall begin on July 1 of any year and shall expire on June 30 of the following year.
   (C)   All fees that are imposed by KRS 243.030 and 243.040 are to be paid to the Kentucky ABC. In addition to those fees paid to the Kentucky ABC, any licensee engaged in the sale, possession or distribution of spirituous, vinous or malt liquors, or operating a brew-on-premises establishment, shall pay the following fees to the City ABC Administrator, which are authorized under KRS 243.070, and the fees shall be paid when application for a license is made.
   (D)   Fees.
Distilled spirit licenses
As set forth in KRS 243.030
Distilled spirit licenses
As set forth in KRS 243.030
Rectifier’s license - class A, per annum
$2,580
Rectifier’s license - class B, per annum
$825
Brewer’s license, per annum
$2,580
Microbrewery license, per annum
$520
Wholesaler’s distilled spirit and wine license, per annum
$2,060
Distributor’s license, per annum
$520
Quota retail package license, per annum
$570
Quota retail drink license, per annum
$620
Special temporary license, per event
$50
Special temporary auction license, per event
$100
Limited restaurant license, per annum
$780
Limited golf course license, per annum
$720
Qualified historic site license, per annum
$1,030
Extended hours supplemental license, per annum
$2,060
NQ-1 retail drink license (nonquota), per annum
$4,120
NQ-2 retail drink license (nonquota), per annum
$830
NQ-3 retail drink license (nonquota), per annum
$310
NQ-4 retail malt beverage drink license (nonquota), per annum
$210
Secondary NQ malt beverage “retail package” license, per annum
$50**
Secondary NQ-4 malt beverage “retail drink” license, per annum
$50**
Supplemental bar license - fee for first 5, no additional charge after 5
   NQ-2 retail drink
$830
   Limited restaurant
$780
   Limited golf course
$720
   Quota retail drink
$620
   NQ-3 retail drink
$310
** The qualifying holder of either type of retail malt beverage (beer) licenses (either the NQ-4 retail malt beverage drink or the NQ- retail malt beverage package license) may add the second license for a reduced licensing fee of $50 per annum.
A caterer’s license may be issued as a supplementary license to a caterer that holds a quota retail package license, a quota retail drink license, an NQ1 license, an NQ2 license, or a limited restaurant license. The caterer’s license may be issued as a primary license to a caterer in any wet territory or in any moist territory under KRS 242.1244 for the premises that serves as the caterer’s commissary and designated banquet hall. No primary caterer’s license shall be issued to a premises that operates as a restaurant. The alcoholic beverage stock of the caterer shall be kept under lock and key at the licensed premises during the time that the alcoholic beverages are not being used in conjunction with a catered function. All caterer’s licensees shall comply with KRS 243.033.
Caterer’s license (even if supplementary), per annum
$830
Special Sunday retail drink license, per annum
$520
 
      (1)   * Any licenses issued after January 1 of any year shall be assessed a fee equal to one-half of the annual fee for the remainder of the license period.
      (2)   In addition to the above-mentioned fees, a regulatory license fee on gross receipts shall be imposed as follows.
         (a)   Pursuant to KRS 243.075, there is hereby imposed a regulatory license fee on the gross receipts of sale of alcoholic beverages of each license issued by the City ABC Administrator. The 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. These fees shall be paid quarterly. For year 2013—2014 and thereafter, the city shall adopt at the budget adoption for each subsequent fiscal year, such annual rate for the regulatory license fee as shall be reasonably estimated to ensure full reimbursement to the city for the cost of any additional policing, regulatory, or administrative expense related to the sale of alcoholic beverages in the city. Should the city fail to address the regulatory license fee in any budget, then the regulatory license fee shall remain at the level at which it was last fixed until such time as the city shall adjust the fee.
         (b)   Payment of such regulatory fee 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 cost of any additional policing, regulatory or administrative expense 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 license fee imposed by the city pursuant to KRS 243.070. Payment of the regulatory license fee shall accompany the tax return approved for such use by the city. The return and payment are due no later than by the end of the month immediately following each calendar quarter (July 1 to September 30; October 1 to December 31; January 1 to March 31; April 1 to June 30).
         (c)   Failure to pay such quarterly remittance within ten days of the due date constitutes a violation and subjects the licensee to suspension or revocation. A civil action may be filed by the city to collect the unpaid fee, penalties and interest. If such a civil action is filed, the licensee shall be responsible for the expense of attorney fees and the costs associated with prosecuting the civil action.
         (d)   Penalty for failure to file a return and pay quarterly remittance by the due date shall be 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 shall apply to any late payments.
(Ord. 11-2012, passed 9-4-2012; Ord. 13-2012, passed 11-5-2012; Ord. 14-2012, passed 1-7-2013; Ord. 3-2013, passed 3-4-2013; Ord. 11-2013, passed 7-1-2013; Ord. 21-2013, passed 11-4-2013; Ord. 3-2015, passed 6-1-2015; Ord. 9-2017, passed 9-5-2017; Ord. 13-2018, passed 10-1-2018)
§ 117.08 REVOCATION OR SUSPENSION OF LICENSE.
   (A)   A violation of any of the provisions of this chapter, or any amendment thereof, by a duly authorized agent or employee of a licensee shall constitute a violation by the licensee. It shall be the duty of the City ABC Administrator to make a written report of any violation of this chapter or any amendment thereof, or of any rules or regulations of the City ABC Administrator, observed by any member of the Police Department of the city. Members of the Police Department of the city shall report any observed violation of this chapter or any amendment thereof, or of any rules or regulations of the City ABC Administrator, to the City ABC Administrator without undue delay. Whenever any licensee shall violate any provision of this chapter or any ordinance relating to the subject of alcoholic beverage control or any of the rules or regulations of the City ABC Administrator, or any of the provisions of the alcoholic beverage control laws of the Commonwealth, or any amendments or supplements thereto, or any of the rules and regulations adopted by the Kentucky State Alcoholic Beverage Control Board, or any acts of Congress, or rule or regulation of any federal board, agency or commission relative to the regulation and taxation of alcoholic beverages, proceedings for the revocation of the license shall be instituted in the manner and under the procedure established by the Kentucky State Alcoholic Beverage Control Law.
   (B)   For a violation of any section of this chapter or any amendment thereof or of any rule or regulation of the City ABC Administrator, or of any rule or regulation of the State Alcoholic Beverage Control Board, or any acts of Congress or rule or regulation of any federal board, agency or commission relative to the regulation and taxation of alcoholic beverages, or on conviction by a court of competent jurisdiction for any such violation, the City ABC Administrator is authorized and empowered to order the revocation or suspension of any license issued under this chapter.
(Ord. 11-2012, passed 9-4-2012)
§ 117.09 TRANSFER OF LICENSE OR BUSINESS.
   No license issued under this chapter shall be transferred or assigned by the holder, except as provided in the alcoholic beverage control laws of the Commonwealth, KRS 243.630 and per approval of the City ABC Administrator.
(Ord. 11-2012, passed 9-4-2012) Penalty, see § 117.99
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