Section
Licensing
117.01 Purpose
117.02 Application review
117.03 Issuance and renewal of licenses
117.04 Operational regulations
117.05 Violations
117.06 Regulatory license fee
Mandatory Responsible Beverage Server Training
117.20 Mandatory responsible beverage service training
117.21 Licenses
117.22 Required information and signage
117.23 Seller/server training agency
117.99 Penalty
LICENSING
(A) (1) The ordinance codified in this subchapter is adopted to regulate the sale of alcohol pursuant to KRS 242.185 as amended and substituted by KRS Chapter 243 et seq. and/or KRS 243.034 in such a manner as to effectuate the legislative intent of that statute.
(2) The intent is to permit the sale of alcoholic beverages by the drink at restaurants and dining facilities which seat at least 100 persons and derive a minimum of 70% of their gross receipts from the sale of food.
(B) To realize this intent, the city shall implement this subchapter in such 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;
(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
(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. 747, passed 3-3-2015; Ord. 783, passed 8-17-2023)
(A) No alcoholic beverage shall be sold in the city, except as authorized under KRS 242.185 as amended and substituted by KRS Chapter 243 et seq. and/or KRS 243.034 and this subchapter. Authorization under this subchapter shall be obtained only upon the city’s receipt and approval of an application in accordance with this subchapter, the city’s issuance of a license, the ABC’s receipt and approval of an application in accordance with applicable law and the ABC’s issuance of a license.
(B) Application submittal and review shall be conducted as follow:
(1) Application and fee.
(a) Persons requesting approval and license authorizing the sale of alcoholic beverages by the drink pursuant to KRS 242.185 as amended and substituted by KRS Chapter 243 et seq. and/or KRS 243.034 and this subchapter shall submit a completed application to be obtained from the office of Mayor. The office of Mayor shall determine the form of this application and the information required by it. That form and information shall be reasonably calculated to permit a reviewing officer to determine compliance with this subchapter. In any event, the city shall accept an application in the form approved and accepted by the Alcoholic Beverage Control (ABC). Any applicant utilizing the ABC form shall provide any additional information not otherwise required by the ABC form by supplemental attachment to the application.
(b) Applicants for a license under this subchapter shall pay a license fee of $1,200, pursuant to the provisions of KRS 243.070.
(c) In order to sell liquor by the drink on Sunday between the hours of 1:00 p.m. and 10:00 p.m. Sunday evening, the licensee must apply for and obtain from the city a limited Sunday drink license. The license fee for the limited Sunday drink licenses shall be $200 as authorized under KRS 243.070(1)(k).
(2) Supplemental information. An applicant currently operating a restaurant or dining facility of comparable size to that which is the subject of the application and one that offers the sale of alcoholic beverages by the drink shall supplement the required application. The required supplemental data shall include information related to its current operation, which reasonably demonstrates the likelihood that the applicant’s business in the city will yield income earned through the sale of food equal to or greater than 70% of its gross receipts. This supplement data shall include, but not necessarily be limited to, the following specific information:
(a) The population of the community in which it currently operates;
(b) Alcohol sales permitted in the community in which it currently operates; and
(c) The hours of operation, including any differentiation between the hours during which food and drinks are sold.
(3) Periodic information.
(a) Applicants to whom a license is issued authorizing the sale of alcoholic beverages by the drink pursuant to this subchapter shall provide periodic information demonstrating compliance with the continuing requirement that 70% of the applicant’s business income is earned from the sale of food.
(b) This documentation shall be provided on a schedule to be coordinated with the applicant’s quarterly tax filings. Regardless of the applicant’s filing schedule, the first of the applicant’s periodic information shall be submitted not later than six months after applicant commenced sale of alcoholic beverages pursuant to this subchapter.
(c) This information shall consist of a certificate from a certified public accountant familiar with the applicant’s pertinent business records. This certificate shall state:
I have conducted a limited scope audit according to accepted accounting principles of the pertinent records of
, licensee under Ordinance 747 , and certify that the licensee earned at least 70% of its gross receipts from the sale of food during the quarter ending . |
(d) This certificate shall include a brief description of the methodology utilized in the determination of the certified percentage.
(4) Administrating officer. The city officer responsible for administering this subchapter shall be the City Clerk or such city employee as the Mayor shall designate. All transactions required for compliance or enforcement of this subchapter shall be directed to or issued by the Mayor and/or the City Clerk. He or she shall review the applications along with supplemental and periodic information and issue licenses authorizing the sale of alcoholic beverages by the drink pursuant to this subchapter. The city’s administrating officer and employees with duties arising under this subchapter shall comply with KRS 241.180 and 241.190.
(5) Forms. All forms reasonably necessary for the implementation of this subchapter shall be provided by the Mayor’s office.
(6) Auditing authority.
(a) The Mayor and the city’s administrating officer is empowered to demand access to the pertinent business records of any applicant or licensee for the purpose of conducting an independent audit of those records to substantiate compliance with this subchapter.
(b) The Mayor and the city’s administrating officer may obtain such outside professional services as are reasonably necessary to conduct the audit. In the event the independent audit reveals noncompliance by the applicant or licensee, the cost of the audit shall be assessed to the licensee.
(Ord. 747, passed 3-3-2015; Ord. 783, passed 8-17-2023)
(A) Issuance. Upon satisfactory compliance with all city-imposed requirements, the city’s administrating officer shall sign an acknowledgment of that compliance. The ABC shall rely upon that acknowledgment and upon review of the application to the ABC, shall issue an appropriate license. Upon presentation of the ABC-issued license, the city’s administrating officer shall issue the city’s license.
(B) Renewal.
(1) A license issued pursuant to this subchapter shall authorize the sale of alcoholic beverages for one year.
(2) The license may be renewed annually thereafter upon a showing of compliance with applicable regulations and the payment of a renewal fee of $1,200.
(C) Transfer and assignment. No license issued under this subchapter shall be transferred, sold or assigned, as to licensee or location.
(Ord. 747, passed 3-3-2015; Ord. 783, passed 8-17-2023)
(A) Hours. No licensee operating pursuant to this subchapter shall be open for business earlier than 6:00 a.m. or later than 12:00 midnight, Monday through Thursday. Friday and Saturday license operating hours pursuant to this subchapter shall be 6:00 a.m. and no later than 1:00 a.m. Sunday license operating hours pursuant to this subchapter shall be no earlier than 1:00 p.m. and no later than 10:00 p.m.
(B) Sales permitted only when food available. The provisions of division (A) above notwithstanding, no licensee operating pursuant to this subchapter shall sell alcoholic beverages at any time at which the licensee’s kitchen and food service staffs are off-duty. This requirement is necessary for accomplishment of the legislative intent stated in § 117.01 of this code and in KRS 242.185 as amended and substituted by KRS Chapter 243 et seq. and/or KRS 243.034. No carry-out alcohol sales shall be permitted and no alcohol shall be taken off the premises.
(Ord. 747, passed 3-3-2015; Ord. 783, passed 8-17-2023) Penalty, see
§ 117.99
(A) Show cause hearing. Hearings on alleged violations shall be in the manner of a “show cause” hearing at which the licensee shall bear the burden of persuasion that the alleged violation did not occur. The licensee shall be afforded the right to:
(1) Reasonable notice of the charge;
(2) Representation;
(3) Presentation of such evidence and witnesses as in its discretion are appropriate to the issue; and
(4) A finding reasonably supported by the evidence.
(B) Hearing officer. Pursuant to § 117.02(B)(4) above, the city’s administrating officer may designate a city employee or other person as the hearing officer to conduct the hearing provided for in this section. In the event of such a designation, the hearing officer’s determination shall be in the form of a recommendation upon which the city’s administrating officer shall determine appropriate action.
(C) Appeal. Pursuant to KRS 241.200, all orders of the city’s administrating officer may be appealed to the Alcoholic Beverage Control Board.
(D) Referral to ABC. In lieu of the hearing authority provided above, allegations of violations of this subchapter may be referred to the Alcoholic Beverage Control Board for determination.
(Ord. 747, passed 3-3-2015; Ord. 783, passed 8-17-2023)
(A) Purpose. This subchapter is adopted to impose a regulatory license fee upon each permitted establishment’s sale of alcoholic beverages. The intent is to permit the collection of this regulatory fee is to reimburse the city for policing, regulatory or administrative costs related to sale of alcoholic beverages.
(1) The license holder shall pay this fee.
(2) The city will use such fee for any and all costs incurred for regulating and policing alcohol use in the city and municipal aid calls.
(3) The City Council shall adopt at the budget adoption for each subsequent fiscal year, such annual rate for the regulatory license fee. 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 Council shall adjust the fee.
(B) Collection of regulatory license fee.
(1) 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 costs 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 license 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.
(2) Failure to pay such quarterly remittance within 15 days of the due date constitutes a violation and subjects the licensee to suspension or revocation.
(Ord. 772, passed 5-12-2022) Penalty, see § 117.99
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