(A) City licenses. For the privilege of causing, permitting and engaging in the actions, business, and transactions authorized thereby in regard to traffic in alcoholic beverages in the city and pursuant to the authority of KRS 243.070, there is hereby established a corresponding city license for each of the licenses described in KRS 243.070. The fee for each city license shall be as set out in the schedule set forth below. In the event KRS 243.070 shall hereafter be amended to authorize additional city licenses, the city shall have authority to issue that additional city license type and the fee for such license shall be the maximum fee provided in KRS 243.070 as amended.
License Type | Fee |
License Type | Fee |
Distiller's license, per annum | $500 |
Rectifier's license a. Class A, per annum b. Class B (craft rectifier), per annum | $3,000 $960 |
Wholesaler's license, per annum | $3,000 |
Quota retail package license, per annum | $1,000 |
Quota retail drink license, per annum | $1,000 |
Non-quota Type 1 retail drink license, per annum | $2,000 |
Non-quota Type 2 retail drink license, per annum | $1,000 |
Non-quota Type 3 retail drink license, per annum | $300 |
Special temporary license, per event | $166 |
Special temporary alcohol auction license, per event | $100 |
Special Sunday retail drink license, per annum | $300 |
Extended hours supplement license, per annum | $2,000 |
Caterer's license, per annum | $800 |
Bottling house or bottling house storage license, per annum | $1,000 |
Brewer's license, per annum | $500 |
Microbrewery license, per annum | $500 |
Malt beverage distributor's license, per annum | $400 |
Non-quota retail mail beverage package license, per annum | $200 |
Non-quota Type 4 retail malt beverage drink license, per annum | $200 |
Limited restaurant license, per annum | $1,200 |
Limited golf course license, per annum | $1,200 |
Qualified historic site, per annum | $1,030 |
Authorized public consumption license, per annum | $250 |
(B) The fee for each of the first five supplemental bar licenses shall be the same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises.
(C) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink license for a fee of $50. The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of $50.
(D) Authorized public consumption license. KRS 243.089(d) provides that required ordinance must address:
(1) Hours of operation;
(2) Local licensing requirements;
(3) Any additional insurance requirements;
(4) Standards for the approval of authorized travel routes;
(5) Safety and equipment standards;
(6) Local inspection requirements;
(7) Standards for vehicle operation; and
(8) Standards for loading and unloading passengers.
(E) Expiration of license; proration of fees. All city licenses, except temporary licenses, shall begin on February 1 of any year and shall expire on January 31 of the following year as set forth in KRS 243.090 and 804 KAR 4:390. Any licenses issued after June 1 of any year shall be assessed a fee which is based on the pro rata portion of the remainder of the license period; however, the cost of any license shall not be less than one-half the amount of the full fee for an annual license of that type.
(F) Payment of license fees; delinquency. No licensee shall enter into or begin operating any business for which a license is required by this chapter until the license fee has been paid in full. The fee for renewal of any license shall be paid with the renewal application. Failure to pay any license fee within ten days after it becomes due shall result in a penalty equal to 10% of the license fee. Any licensee failing to pay the fees, Including penalties, within ten days after such fees are due may be subject to revocation of the license and to other penalties as provided in this chapter.
(G) Refund of fees.
(1) Should any licensee under this chapter be prohibited from conducting the licensed business for the full period covered by the license because of any changes that may hereafter be made in the laws of the Commonwealth with reference to alcoholic beverages or other cause outside licensee's control, then the city shall refund to licensee the proportionate part of the license fee for the period during which licensee is prevented from carrying on said business if the licensee provides sufficient proof to the City ABC Administrator that such period of inactivity was not the fault of the licensee or the result of a revocation, suspension or other wrongdoing by licensee, or an agent or employee of the licensee.
(2) In the event a violation of this chapter occurs that results in the suspension or revocation of the license, the city shall not be required to refund any portion of the license fee.
(H) Regulatory license fee.
(1) Pursuant to KRS 243.075, there is hereby imposed a regulatory license fee on the gross receipts of sale of alcoholic beverages of each licensee who has a local city license issued by the City ABC Administrator. The city's 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.
(2) Payment of said regulatmy fee shall be remitted to the City ABC Administrator, who shall transmit all fees to the City Clerk, or his designee, for deposit into the appropriate designated account. The city may use said fees as permitted by law, including but not limited to, any cost of additional 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 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 shall be based on paperwork required by the local and/or state ABC Administrator, which may include but is not limited to tax returns and financial statements. Said paperwork and payment will be due according to the schedule set forth by the Mayor, or his designee, which may be set at, but is not limited to, time periods consisting of a monthly or qua1terly billing by the local ABC office and/or the city.
(3) Failure to pay such remittance within ten days of the due date constitutes a violation and shall subject a licensee to suspension or revocation.
(4) Penalty for failure to file a return and pay remittance by the due date is 5% of the regulatory fee for each 90 days or fraction thereof. The total late filing penalty shall not exceed 25% of the regulatory fee; provided, however, that in no case shall the penalty be less than $10.
(5) Interest at the rate of 8% per annum will apply to any late payments.
(I) Disposition of fees and any other type of payment to the city. The City ABC Administrator shall transmit all fees and any other types of payment made to the city, upon collection, to the City Clerk, or his/her designee, for deposit into the appropriate designated account.
(J) Location of premises to be licensed.
(1) A license authorized under division (A) Retail Package License shall not be issued if the place of business is to be located within 500 feet, measured in a straight line, of a building occupied as a school, preschool or daycare.
(2) A license authorized under division (A) Retail Package License shall not be issued if the place of business is to be located within 100 feet, measured in a straight line, of a building occupied as a place of worship.
(3) The restriction set forth above in division (J)(1) above shall not apply when a place of business involving retail alcoholic beverage sales has been established within all regulations of this chapter and a school, preschool, daycare is thereafter established within the proscribed distance as set forth above.
(4) The restriction set forth in division (J)(2) above shall apply only to places of worship and where such place may be situated as of the date of this chapter's adoption. Any place of worship established after the date of adoption shall not be considered under this section.
(5) Measurement of the distance referred to in divisions (J)(1) and (2) above shall be taken in a straight line from the nearest exterior wall of the building used for a school, preschool, daycare or place of worship, to the nearest exterior wall of the building sought to be licensed.
(6) All other licenses are exempt from this division (J).
(Ord. 19-0008, passed 8-1-19)