(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 regulatory license fee shall be 6% (six percent) of gross sales of all alcoholic beverages sold by the drink, by retail sales of packaged distilled spirits and wine, and by retail sales of packaged malt 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 any 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 fee returns approved for such use by the City Council. These returns and payments are due no later than 30 days following the end of each 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 fee due for each 90 days or fraction thereof. The total late filing penalty shall not exceed 25% of the fee due; 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 2016, the City Council shall review and establish the regulatory license fee for the ensuing year so as to conform to the requirements of this subchapter 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 Finance Officer, to recommend, based upon the experience of the prior 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. 2016-08, passed 8-1-16; Am. Ord. 2017-12, passed 8-21-17; Am. Ord. 2021-06, passed 6-22-21)