Legal Notices for 5/30/12, page 7

 

premises.

Sec. 4.14 MANDATORY RESPONSIBLE BEVERAGE SERVICE  TRAINING

(A) All persons employed in the selling and serving of alcoholic beverages shall participate in and complete a City approved responsible beverage service training program. For a responsible beverage service program to be approved by the City, it must effectively train its participants in the identification of false age documents and recognition of characteristics of intoxication. The City will require enrollment in the Server Training in Alcohol Regulations (STAR) program offered by the Education Branch of the State ABC to provide consistency in the training under specific Kentucky law.

(B) All persons required to complete training under paragraph (a) above shall compete that training within sixty (60) days of the date on which the person first becomes subject to the training requirement or in the first available approved program following employment if no program is available within sixty (60) days.

All persons completing the training required by this section shall be re-certified in responsible alcoholic beverage service training from a program approved by the City not less than once every three (3) years thereafter.

(C) The manager of the restaurant shall be responsible for compliance with the training requirements and shall maintain for inspection by the City ABC Administrator a record or file on each employee that shall contain the name, job description, date of employment and proof of certification of each server regulated by this section. This information shall be available at any reasonable time to any alcoholic beverage control officer or any police officer.

Chapter 5.00 ENFORCEMENT

 Williamsburg City police officers and the City ABC Administrator are authorized to enforce this Ordinance for alleged violations.

Sec. 5.01 INVESTIGATION AND INSPECTION OF PREMISES

The City ABC Administrator and any investigator acting under the authority of the City ABC Administrator, shall have the full police powers of peace officers within boundaries of the City of Williamsburg.  They, along with any authorized law enforcement officer, may inspect any premises where alcoholic or malt beverages are manufactured, sold, stored, or otherwise trafficked, without first obtaining a search warrant. 

Sec. 5.02 PENALTIES FOR VIOLATIONS OF CHAPTER 5

The following penalties shall be in addition to any criminal prosecution instituted in Whitley County courts against an alleged violator and fines hereunder shall be payable to the City ABC Administrator. 

The City ABC Administrator may assess a fine of not more than five hundred dollars ($500.00 per violation.  This payment of said fine shall be transmitted to the City Treasurer to be deposited in the appropriate designated account.

Any person, firm or corporation who violates any of the provisions of this Ordinance, for which no other penalty is hereby provided, shall, for the first offense, be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or imprisoned in the county jail for not more than six (6) months, or both, and for the second and each subsequent violation, he shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) or imprisoned in the county jail for not more than six months, or both.  The penalties provided for in this subsection shall be in addition to the revocation or suspension of the offender’s license.  If the offender is a corporation, joint stock company, or association or fiduciary, the principal officer or officers responsible for the violation may be imprisoned.

Chapter 6.00 REGULATORY LICENSE FEE 

Sec. 6.01 REGULATORY LICENSE FEE IMPOSED

(A) A regulatory license fee is imposed on the gross receipts from retail sales of alcoholic beverages under each license issued for the purpose of insuring full reimbursement to the City for the cost of any additional policing, regulatory, or administrative expenses related to the sale of alcoholic beverages in the City. The City Council shall adopt, at the budget adoption for the fiscal year, an annual rate for the regulatory license fee as shall be reasonably estimated to insure full reimbursement to the City for the cost of any 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 taxes, fees or licenses permitted by law, but a credit against the fee shall be allowed in an amount equal to any license or fees imposed under the provisions of this chapter for the retail sale of alcohol. 

(B) The regulatory license fee shall be seven percent (7%) for the fiscal year beginning July 1, 2012 and continuing thereafter until amended or appealed. 

Sec. 6.02 PAYMENT 

Payment of such fee shall accompany forms approved for use by the City ABC Administrator and shall include a tabulation of both gross food sales and alcohol sales for the preceding month. Sales and use tax return for the reporting period shall accompany said forms.  The forms and payment shall be submitted to the City Clerk by the twentieth (20th) of each month for the preceding month’s sales. The fraction, represented by one divided by the number of months for which the City license was issued of any fees required under the provisions of this chapter shall be deducted each month as a credit.

Sec 6.03  FAILURE TO PAY; INTEREST ON LATE PAYMENT

Failure to pay the monthly remittance within ten (10) days after the due date shall constitute a violation of this chapter. Interest shall be assessed upon any past due payments at the rate of twelve (12) percent per month.

Sec 6.04 PENALTY FOR NONPAYMENT

If the holder of any license shall fail to pay the regulatory license fee imposed by this section within ten (10) days of the due date, an automatic penalty of fifty (50) dollars shall be assessed for the first offense. An automatic penalty of one hundred dollars ($100) shall be assessed on the second offense, and an automatic penalty of two hundred dollars ($200) shall be assessed on the third offense. In addition to the monetary penalty, the City ABC Administrator shall hold a hearing for a second and third offense requiring the licensee to show cause why the license should not be suspended or revoked with full authority to do so upon appropriate findings. The calculation of the number of offenses for the purpose of invoking the above penalties shall be done on a twelve (12) month basis, with the number of offenses being reduced to zero at the beginning of each new license period.

Sec 6.05 ADEQUATE RECORDKEEPING

Every licensee shall keep shall keep and maintain adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the State Alcoholic Beverage Control Board, or such rules and regulations as may be from time to time promulgated by the City ABC Administrator and approved by a majority of a quorum of the City Council. Where the sales of alcoholic beverages as they relate to other sales are determinative of the license eligibility to retain a license, the licensee shall maintain adequate records to show that relationship. The books and records shall be available at all reasonable times for inspection by the City Alcoholic Beverage Control Administrator or any authorized representative.

Sec 6.06 AUDIT REQUIREMENTS

The City ABC Administrator may at his discretion require that a licensee make his records available to the City for the purpose of conducting an audit to verify compliance with the seventy percent (70%) food sales requirements. 

Sec 6.07 PENALTIES

(A) Any person who violates any provision of this chapter for which no specific penalty is provided shall be guilty of a misdemeanor and shall, in addition to other penalties provided by law, be subject to the following penalties,

(1) For the first offense a fine not to exceed five hundred dollars ($500).

(2) For any subsequent offense, a fine not to exceed five hundred dollars ($500) or confinement in jail not more than six (6) months, or both. 

(B) Any proceeding for the revocation of any license issued hereunder shall be governed in accordance with the provisions of KRS 243.480.

Chapter 7.00 IMPLEMENTATION OF ORDINANCE PROVISIONS

From time to time, the Williamsburg City Council may be resolution or order promulgate such rules and regulations and may publish and utilize such forms and other documents as in its discretion may be necessary for the proper implementation of this ordinance

Sec 7.01 SEVERABILITY

If any section, sentence, clause, or portion of this Ordinance is for any reason declared illegal, unconstitutional, or otherwise invalid, such declaration shall not affect the remaining portions thereof.

This ordinance shall be effective immediately upon publication. Any ordinances or parts of ordinances in conflict herein are hereby repealed. 

First Reading: May 14, 2012

Enacted upon Second Reading this 16th day of  May, 2012.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

 

NOTICE OF PHASE I BOND RELEASE

Pursuant to Permit No. 918-0424

In accordance with the provisions of KRS 350.093, notice is hereby given that B&B Energy, LLC, PO Box 1016, Williamsburg, KY  40769, has applied for a Phase I bond release on permit 918-0424, Increments 1, 2 and 3, which was last issued on 04/05/12.  The permit covers an area of approximately 53.0 acres located 7.6 miles southwest of Barbourville, Kentucky in Knox and Whitley Counties.

The permit area is located approximately 0.5 miles east of County Road 1530 junction with Owens Cemetery Road and is located 0.3 miles east of Owens Branch.  

The proposed operation is located on the Barbourville U.S.G.S. 7.5 minute quadrangle map.   The latitude of the mine site is 36-46-56.0 and the longitude is 83-58-54.5. 

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, Kentucky  40965.

The bond now in effect for Increment 1 is a Letter of Credit Bond in the amount of $59,100.00.  The bond now in effect for Increment 2 is a Letter of Credit Bond in the amount of $59,800.00.  The bond now in effect for Increment 3 is a Letter of Credit Bond in the amount of $95,600.00.  Approximately 60% of the original bond amount of $214,500.00 is included in the application for release.

Reclamation work performed includes:  Backfilling, grading, redistribution of alternate topsoil material and reseeding.  Reclamation work was performed during July, 2011.  

Written comments, objections or requests for a permit conference must be filed with the Director of the Division Field Services, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky  40601.  All comments or objections must be received by July 21, 2012.

A public hearing on the application has been scheduled for 9:00 AM, on July 24, 2012 at the Department for Natural Resources Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, KY  40965.  The hearing will be cancelled if no request for a hearing or informal conference is received by July 21, 2012.              

 

ADVERTISEMENT FOR BIDS

Sealed Proposals for the following equipment will be received by the Whitley County Fiscal Court in the manner and on the date hereinafter specified for the proposed equipment for the Whitley County Road Department FOR a 2012 or 2013 Dump Truck.

Specification are on the Whitley County Web Site, http://www.whitleycountyfiscalcourt.com/news.asp

Agency must submit their mailed bids or submit them to the Whitley County Judge Executive at the Whitley County Courthouse, P.O. Box 237, Williamsburg, Kentucky, on or before 10:00 a.m. local time on June 11, 2012, at which time bids will be opened and read aloud during a special called meeting of the Whitley County Fiscal Court.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.  

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids. Whitley County reserves the right to award bid based upon availability, service and in the best interest for the public safety for the citizens of the County.  Whitley County is an Equal Opportunity Employer.