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§ 111.03 SCOPE.
   (A)   Irrespective of title or headings, the sections of this chapter shall be construed to apply to the traffic in both malt beverages and distilled spirits and wine where the context permits such application.
   (B)   Nothing in this chapter shall excuse or relieve a licensee or the agent or employee of any licensee in the city from the restrictions, requirements, and penalties of any other regulation of the city or of the state.
(Ord. 0-83-008, passed 5-23-83; Am. Ord. 0-88-003, passed 4-11-88; Am. Ord. 0-2011-010, passed 4-25-11)
§ 111.04 ADOPTION OF STATE ALCOHOLIC BEVERAGE CONTROL LAW.
   The provisions of the alcoholic beverage control law of the Commonwealth of Kentucky, as contained in KRS Chapters 241 through 244, and all amendments and supplements thereto, are adopted so far as applicable to this chapter, except as otherwise lawfully provided herein.
(Ord. 0-83-008, passed 5-23-83; Am. Ord. 0-88-003, passed 4-11-88; Am. Ord. 0-2011-010, passed 4-25-11)
§ 111.05 ENTERTAINMENT DESTINATION CENTER LICENSING.
   (A)   The geographical boundaries of the entertainment destination center (EDC) in the City of Pikeville lies within and adjacent to the following description. The entertainment destination center is a geographic area begins at the intersection of the south side of Hambley Blvd. and the sidewalk on the west side of Huffman Ave.; thence running with the west side of Huffman Ave. to its intersection with the south side of the Main Street sidewalk (does not include the city park); thence running with the sidewalk on the south side of Main Street crossing Pike Street and continuing to the east side of Scott Ave.; thence running with the sidewalk and the City Hall parking lot on the east side of Scott Ave. to its intersection with the north side of Second Street; thence running with the sidewalk on the north side of the Second Street to its intersection with the east side of Pike Street; thence running with the sidewalk on the east side of Pike Street to its intersection with the south side of Hambley Blvd.; thence running with the south side of Hambley Blvd. to the beginning point with Huffman Ave., so to include all of the area within this boundary.
   (B)   The City of Pikeville shall apply for an EDC license.
      (1)   A business that is located within the EDC that sells alcoholic beverages shall hold the necessary alcoholic beverage license or licenses for its premises.
      (2)   During days and times designated by the city, patrons may leave the premises of businesses located in the EDC that sell alcoholic beverages with alcoholic beverage drinks and consume those drinks in any entertainment destination center common areas or at other licensed premises within the EDC if permitted by said business, if the city:
         (a)   Possesses or owns the common area;
         (b)   Provides adequate security for the common area;
         (c)   Ensures that the public streets are controlled in a manner that promotes public safety and pedestrian protection from vehicular traffic;
         (d)   Prohibits patrons from taking alcoholic beverages outside the physical boundaries of the entertainment destination center; and
         (e)   Requires any drinks that are removed from the licensed premises within the EDC shall be in a particular type and/or style of cup as determined by the city.
      (3)   The city shall have the authority to draft, create and enforce further regulations with the EDC, by executive order, and does not require an additional or amended ordinance.
(Ord. O-2020-04, passed 3-23-20; Am. Ord. O-2021-09, passed 4-26-21)
LICENSES
§ 111.15 TYPES OF LICENSES; FEES.
   (A)   The following kinds of distilled spirits and malt beverage licenses may be issued by the city and the annual fees for each license shall be as indicated:
 
Type of License
Fee
(A)
Wholesaler (Distilled Spirits and Wine)
$3,000.00
(B)
Quota Retail Package Distilled Spirits and Wine
600.00
(C)
Distributor (Malt Beverage)
400.00
(D)
NQ-4 Retail Malt Beverage Drink License
(1)   New Applicants
200.00
(2)   Renewals
150.00
(E)
Retail Malt Beverage Package License
200.00
(F)
NQ-2 Retail Restaurant and hotel combined distilled spirits, malt beverage and wine drink
1,000.00
(G)
Special temporary wine and/or beer
(KRS 243.260 and KRS 243.290)
50.00
(H)
NQ-1 Retail Drink License (Convention Center, Horse Track, Automobile Race License)
2,000.00
(I)
Supplement Bar License (per bar up to 5)
1,000.00
(J)
Special Sunday Retail Package Distilled Spirits and Wine; Malt Beverage Package License and Retail Drink License
250.00
(K)
Distillers License (KRS 243.120)
500.00
(L)
Brewer’s License (KRS 243.150)
500.00
(M)
Microbrewery License (KRS 243.157)
500.00
(N)
NQ Retail Malt Beverage Package License (KRS 243.280)
200.00
(O)
Caterer’s License (KRS 243.033)
800.00
(P)
Limited Golf Course License (KRS 243.039)
200.00
(Q)
Retail Drink License
620.00
(R)
Others - where not provided herein the fee will be maximum prescribed in KRS 243.070
 
   (B)   When any person applies for a new license authorized by Kentucky law the applicant shall be charged a prorated amount of the full fee set forth in division (A) above for the respective license if less than one year remains before the license is due to be renewed. The prorated assessment of license fees shall be based upon the calendar month(s) existing from the date the completed application is submitted to the City ABC Administrator until the renewal date for the license as established by the Commonwealth of Kentucky. Example: A completed ABC license application in submitted to the ABC Administrator for the city on March 12. The applicant shall pay a prorated portion of the full application fee(s) for March, April, May and June (Pikeville's ABC licenses renewal on June).
   (C)   If the license application is rejected by ABC Department of the Commonwealth the application fee minus a two hundred dollar ($200) processing fee shall be refunded to the applicant.
(Ord. 0-83-008, passed 5-23-83; Am. Ord. 0-88-003, passed 4-11-88; Am. Ord. 0-2011-010, passed 4-25-11; Am. Ord. 0-2012-002, passed 2-27-12; Am. Ord. 0-2013-018, passed 6-18-13; Am. Ord. 0-2014-018, passed 12-8-14; Ord. 0-2018-11, passed 6-25-18; Am. Ord. O-2021-05, passed 3-22-21; Am. Ord. O-2021-27, passed 12-27-21)
Statutory reference:
   City licenses; fees, see KRS 243.070
§ 111.16 ISSUANCE OF LICENSE.
   (A)   Initially, there shall be no more than thirteen (13) retail distilled spirits and wine licenses issued in the city.
   (B)   The City ABC Administrator, in his sound discretion, shall issue the types of licenses authorized under this subchapter. In exercising his discretion, the City ABC Administrator may consider, in addition to other factors, the location of the proposed premises, the availability of parking facilities to serve the proposed premises, the financial benefit to the city, and the financial stability of the applicant and the applicant or renewal applicant compliance with the law. He shall have full police powers of a peace officer in his/her jurisdiction. An person making application for and holding a license under this chapter is deemed to have irrevocability consented to the City ABC Administrator, City Building Inspector, City Fire Inspector and the city Police Department to come upon and inspect and search the licensed premises at any reasonable time to ascertain the licensee compliance with the laws of the Commonwealth and city related to the sale of alcoholic beverages.
   (C)   No license shall be issued to any person, firm, or corporation who is ineligible for a state license; and no licenses shall be issued to any city law enforcement official.
   (D)   No license shall be issued or renewed to any person or company which has outstanding an taxes, interest or penalties to the city.
   (E)   All licenses shall expire on June 30 of each year.
(Ord. 0-83-008, passed 5-23-83; Am. Ord. 0-88-003, passed 4-11-88; Am. Ord. 0-2011-010, passed 4-25-11)
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