§ 119.01  PURPOSE.
   (A)   The purpose of this subchapter is to establish uniform regulations and requirements for the licensing and regulation of alcoholic beverage sales pursuant to KRS 242.185(6), the provisions of which are now codified in KRS 242.1244 et seq., and other applicable law, for any restaurant or dining facility which seats a minimum of 100 persons and which derives a minimum of 70% of its gross receipts from the sale of food.
   (B)   To realize this intent, the city shall implement this subchapter in such a manner as to assure that: 
      (1)   Restaurants and dining facilities licensed under this subchapter shall seat a minimum of 100 persons.  Only permanent seating, excluding bar-type stools, patio seating or temporary chairs available as needed, satisfies this seating threshold.  Said seating must comply with all fire and safety capacity ratings and regulations.
      (2)   The sale of alcoholic beverages shall be accessory to the sale of food, offered only during times in which the licensee’s kitchen and food service staff is on duty and licensee’s kitchen is open for serving food.
      (3)   Restaurants and dining facilities licensed under this subchapter shall derive a minimum of 70% of their gross receipts from the sale of food as certified by periodic documentation.
(Ord. 2010-05, passed 4-19-10; Am. Ord. 2011-07, passed 7-5-11; Am. Ord. 2013-11, passed 11-4-13)