(A) There
shall be issued by the ABC Administrator the following kinds of licenses to
traffic in alcoholic beverages:
(1) Malt
beverage retailer license. A malt beverage retailer's license shall
authorize the licensee to sell beer, ale, and porter at retail from the
licensed premises. The license fee shall be $125 per annum. A malt
beverage package license shall authorize the licensee to sell beer, ale, and porter
at retail from the licensed premises only, and for consumption off of the
licensed premises. In addition, no malt beverages may be sold at retail
by the package on Sunday except between the hours of
(2) Retail
package license. A distilled spirits and wine retail package license
shall authorize the licensee to purchase, receive, possess, and sell distilled
spirits and wine at retail in unbroken packages only, and only for consumption
off the licensed premises. The license fee shall be $200 per annum.
(3)
Distilled spirits and wine retail drink license. A distilled
spirits and wine retail drink license shall authorize the licensee to purchase,
receive, possess, and sell distilled spirits and wine at retail by the drink
for consumption on the licensed premises. A retail drink license shall not
authorize the sale of distilled spirits or wine by the package. The
license fee shall be $1,000 per annum.
(4) Special
private club license. A special private club license may be issued to any
nonprofit social, fraternal, military, or political organization or club, which
for more than one year prior to the date of application has continuously
maintained and operated a club room or rooms from which the general public is
excluded. This license shall authorize the licensee to exercise the
privilege of a distilled spirits and wine retail drink licensee at the
designated premises if the general public is excluded. The license fee
shall be $300 per annum.
(5) Malt
beverage distributor license. A distributor's license shall authorize the
licensee to purchase, import, or store malt beverages and to sell them only to
other distributors or to licensed retailers. A distributor's license must
be obtained for each separate warehouse, agent, distributor, broker, jobber, or
place of business from which orders are received or beverages are distributed,
unless it is a licensed brewery. The license fee shall be $200 per annum.
(6) Special
Sunday retail drink license. The following regulations apply to the
special Sunday retail drink license:
(a)
Any person, firm, or corporation presently holding a retail drink
license issued by the State Alcoholic Beverage Control Board and the city for
the sale of distilled spirits and wine by the drink for consumption on the
premises, may apply for a special Sunday retail drink license as permitted by KRS 243.030. The fee to be paid for the license shall
be $300 per annum for a term commencing July 1 and expiring June 30 of each
year. Terms for less than one year shall be prorated in conformity with § 111.09.
(b)
It shall be unlawful for any person, firm, or corporation to sell
or traffic in distilled spirits or wine by the drink for consumption on the
premises on a Sunday without first having obtained this license. A
violation hereof shall be deemed a misdemeanor and upon conviction therefore
shall be punishable as set forth in § 111.99.
(7) Restaurant
wine license. The following regulations apply to the restaurant wine
license:
(a)
A restaurant wine license may be issued to an applicant who is an
owner or lessee or a restaurant which receives 50% or more of its gross annual
income from the sale of food and has a minimum seating capacity of 50 people at
tables. The issuance of a restaurant wine license shall be subject to the
limitations established by the State Alcoholic Beverage Control Board pursuant
to KRS 241.060 (2), and the applicant must meet all
other qualifications required by law.
(b)
A restaurant wine license shall authorize the licensee to
purchase, receive, and sell wine at retail for consumption on the licensed
premises. The licensee shall purchase wine only from licensed
wholesalers.
(c) Any licensee who is a new applicant for a restaurant wine license shall pay a licensee fee of $300 prorated and payable as provided in § 111.09. Any person who is a holder of a restaurant wine license shall pay an annual renewal fee of $200, prorated and payable as provided in § 111.09.
(8) Microbrewery license. The
following regulations apply to the microbrewery license:
(a) A
Microbrewery license shall authorize the licensee to perform the following
functions:
(i) Engage in
the business of a brewer under the terms and conditions of KRS
243.150, provided that production of malt beverages at such microbrewery shall
not exceed twenty-five thousand (25,000) barrels in one (1) year;
(ii) Serve on the premises complimentary
samples of malt beverages produced by such microbrewery in amounts not to
exceed sixteen (16) ounces per patron; and
(iii) Sell malt beverages produced on the
premises of the microbrewery to licensed distributors.
(b) The fee to be paid for the microbrewery
license shall be $300 per annum for a term commencing July 1 and expiring June
30 of each year. Terms for less than one year shall be prorated in
conformity with § 111.09.
(9) Supplemental
bar license. A supplemental bar license
shall authorize the licensee to sell or serve distilled spirits or wine by the
drink at retail for consumption on the licensed premises from an additional
location other than the main bar of an existing retail drink licensed premises.
A supplemental bar license is a non-quota license and shall not be transferable
to other premises. The fee to be paid
for the supplemental license shall be $350 per annum for a term commencing July 1 and expiring
June 30 of each year. Terms for less
than one year shall be prorated in conformity with §
111.09
(B) All
license fees provided for in division (A) above shall be paid annually in
advance on or before July 1 of each year. All licenses issued hereunder
shall be signed by the ABC Administrator, upon approval by the City Administrator
and the receipt of the proper license fee. All monies received by the ABC
Administrator from the issuance of these licenses shall be accounted for to the
City Treasurer, and the latter shall place the funds in the General Fund
of the city.
SECTION II
That all ordinances, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed.
SECTION III
That this ordinance shall take effect from and after its adoption and publication as provided by law.
APPROVED:
____________________________________
ATTEST: Mary H. Brown, Mayor
___________________________________
Melissa K. Kelly, City Clerk
1st
Adoption: _______________________
Publication: _______________________