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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)
§ 111.17 REGULATORY LICENSE FEE IMPOSED.
   (A)   There is imposed a regulatory license fee upon the gross receipts from sale of alcoholic beverages of each establishment within the city licensed to sell alcoholic beverages, by package or by drink, in the sum of three percent (3%) of the gross receipts of such establishments. The regulatory license fee is assessed at three percent (3%), based upon the city’s estimate and approved budget as to the cost of reimbursing the city for additional policing and 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 lawfully imposed upon such establishment.
   (B)   A credit shall be allowed to each establishment against the regulatory license fee equal to the annual license fees imposed in § 111.15.
   (C)   The regulatory license fee described in division (A) of this section shall be collected by the Administrator according to the existing framework of the occupational tax and license fee regulations of the city. Such regulatory license fee shall be payable and collectable quarterly.
(Ord. 0-83-007, passed 4-25-83; Am. Ord. 83-0-14, passed 7-25-83; Am. Ord. 0-2011-010, passed 4-25-11; Am. Ord. 0-2013-023, passed 8-12-13)
Cross-reference:
   Collection of license fees by Administrator, see § 115.03
Statutory reference:
   Authorization for regulatory license fee, see KRS 243.075
SALE OF ALCOHOLIC BEVERAGES
§ 111.30 HOURS WHEN SALE PERMITTED.
   (A)   (1)   Except as otherwise provided herein or by state law, it shall be unlawful to sell or offer for sale, at retail, or to give away, in or upon any licensee’s premises, any alcoholic beverage between the following hours:
Day
Prohibited Hours of Sale
Day
Prohibited Hours of Sale
Monday
12:00 a.m. and 8:00 a.m.
Tuesday
1:00 a.m. and 8:00 a.m.
Wednesday
1:00 a.m. and 8:00 a.m.
Thursday
1:00 a.m. and 8:00 a.m.
Friday
1:00 a.m. and 8:00 a.m.
Saturday
2:00 a.m. and 8:00 a.m.
Sunday
2:00 a.m. and 1:00 p.m.
 
      (2)   In the event that January 1 falls on Monday through Thursday, it shall not be unlawful to sell or offer for sale, at retail or to give away, in or upon any licensee’s premises, any alcoholic beverage between 1:00 a.m. and 2:00 a.m.
      (3)   Sampling events pursuant to KRS 243.0307 are limited to a period of time not to exceed four consecutive hours between 12:00 noon and 8:00 p.m.
   (B)   It shall be unlawful to keep open for business or to admit the public to, or permit the public to remain within, or to permit the consumption of alcoholic beverages in or upon any premises in which alcoholic beverages are sold at retail during the hours within which the sale of such alcoholic beverages is prohibited; provided, that in case of bona fide restaurants, such establishments may be kept open for business during such hours, but no alcoholic beverages may be sold to, or consumed by the public during such hours.
(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. 0-2014-018, passed 12-8-14; Am. Ord. 0-2018-11, passed 6-25-18) Penalty, see § 111.99
§ 111.31 APPROVAL OF PREMISES.
   (A)   For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BONA FIDE RESTAURANT. Any premises which are kept, used, maintained, advertised, and held out to the general public as premises where meals are prepared and served, for consumption on the premises, on a regular basis and which derives fifty percent (50%) or more of its gross annual income from the sale of food which is prepared, served, and consumed on the premises and which has a minimum seating capacity of fifty (50) people at tables.
   BONA FIDA HOTEL. Any hotel, motel or sleeping inn containing not less than fifty (50) sleeping units and having dining facilities for not less than one hundred (100) persons.
   LICENSE. Any premises licensed by the city to sell alcoholic beverages on a wholesale or retail basis.
   (B)   No holder of a retail malt beverage license shall permit the consumption of alcoholic beverages on the licensed premises unless it is a bona fide restaurant with the exception of micro-breweries licensed under KRS 243.088 and breweries licensed under KRS 243.150.
   (C)   The City Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until such time as the applicant shall have had its place of business approved by the County Health Department, the City Building Inspector, and State Fire Marshal; subject, however to the exception that in the event that the premises is still under construction or construction has not begun on the premises; the City Administrator may be permitted to approve the applicant’s license application for submittal to the State ABC Office for processing but the final license shall not be issued until the State ABC has approved the premises and the applicant has received all the necessary occupancy licenses. The applicant shall submit to the Administrator a copy of the design plans for the premises in sufficient detail to establish that the premises will meet all regulatory requirements for a premises that serves alcoholic beverages in addition to the applicant’s other business operation to be conducted upon the premises. No license shall be issued to any person, firm, or corporation for the selling at retail or wholesale of alcoholic beverages at any premises or location which is in violation of any of the city’s ordinances and regulations.
(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. 0-2015-004, passed 3-23-15; Am. Ord. O-2018-16, passed 8-27-18) Penalty, see § 111.99
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