12, page 3

Posted On 29 May 2012

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00655

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. SEAN WILSON; KIM WILSON, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Sean Wilson and Kim Wilson, plus costs, is as follows:

(1) The principal sum in the amount of $94,681.94, plus interest from March 1, 2011, in the amount of $4,760.53, plus pre-acceleration late charges in the amount of $67.80, total escrow in the amount of $1,220.60, property preservation in the amount of $14.00, and property inspections in the amount of $130.00, for a total in the amount of $100,874.87, together with interest at the rate of 5.7500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 408 West Gordon Street, Corbin, Kentucky 40701.

A certain tract or parcel of land lying in Whitley County, Kentucky, and being bounded and described as follows:

Beginning at a tack set in sidewalk on the north side of Gordon Street common to the Jones parcels; thence N. 02 degrees 43 E. 171.12 feet to a concrete monument common to the Jones and Elliot parcel; thence N. 79 degrees 00’ E. 66.50 feet to an iron pin common to the Elliot Bundy Parcel; thence S 07 degrees 50 E. 137.11 feet to a stake located on the North side of Gordon Street common to the Bundy parcel; thence with Gordon Street S. 63 degrees 15’ W. 103.00 feet to the place of beginning containing 0.288 acres more or less.

The above described property is a re-surveyed description by Ten Hensley, Land Surveyor.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed to Sean Wilson, a married man, from Josh Vigeant and Beth Vigeant, husband and wife, on July 2, 2009 and recorded on July 7, 2009 in Deed Book 490, Page 697 of the records of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00593

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. UNKNOWN HEIARS OF KEVIN SMITH; JAMOS FUND I, LP; US BANK AS CUSTODIAN FOR SASS MUNI V DTR; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

The Judgment against the Defendant, Kevin Smith, plus costs, is as follows:

(1) The principal sum in the amount of $949.54, plus accrued interest in the amount of $128.32 through April 2012, plus accrued interest from April 2012 until paid, actual and reasonable attorney fees expended herein in the amount of $1,700.00, court costs and filing fees expended in the amount of $727.84, and the costs of sale to be expended herein.

The property to be sold is as follows:

Property Address: 940 Barton Mill Cutoff Road, Corbin, Kentucky 40701;

Map ID Number 101-00-00-090.00;

LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:

Beginning on a stone at the county road, running west with the old mill 236 feet to a wild cherry; thence southward 55 feet to a stone; thence up Parks Branch as it meanders 161 feet to a stone at the mouth of little branch; thence with the meanders of little branch 131 feet to the Beginning.

Being the same property conveyed to Kevin Smith, single, by deed dated July 17, 2003, of record in Deed Book 450, page 706, in the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

2. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the year 2011 and the current tax year and all subsequent years. All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00974

TAMMAC HOLDINGS CORPORATION, PLAINTIFF, VS. LONNIE R. SMITH a/k/a LONNIE SMITH; THE UNKNOWN SPOUSE, IF ANY, OF LONNIE R. SMITH a/k/a LONNIE SMITH; DEBRA SUE POORE a/k/a DEBRA S. POORE a/k/a DEBORAH S. POORE a/k/a DEBORAH POORE; THE UNKNOWN SPOUSE, IF ANY, OF DEBRA SUE POORE a/k/a DEBRA S. POORE a/k/a DEBORAH S. POORE a/k/a DEBORAH POORE; CREDITONE, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Lonnie R. Smith a/k/a Lonnie Smith and Debra Sue Poore a/k/a Debra S. Poore a/k/a Deborah S. Poore a/k/a Deborah Poore, plus costs, is as follows:

(1) The principal sum in the amount of $72,588.30, together with accrued interest thereon at the Note rate of 7.50% starting from January 26, 2011 until fully paid; for forced placed insurance charges currently in the amount of $1,713.81; for any accrued interest; for any late charges currently totaling $371.00; for any other charges which have accrued, and for its costs herein expended, including its attorney fees presently of $1,100.00.

(2) There is a 2007 Kabco 58’ x 28’ mobile home/manufactured home VIN: KB011973AB07 included with the real property

The property to be sold is as follows: Located in Whitley County, Kentucky:

Property Address is: 817 Rosetown Church Road, Corbin, Kentucky 40701.

Beginning on a point in the center of Bark Camp Creek said point being witnessed by a set iron pin and cap bearing N 31-46-06 W 12.91 feet away, said point also being located S 47-15-29 W 72.92 feet from a found X chiseled in solid rock in the center of Bark Camp Creek (the northeast corner of the parent tract), said point also being located approximately 0.20 miles northeast of the intersection of Rosetown Church Road and Devil’s Creek Road, thence with the centerline of Bark Camp Creek S 50-52-22 W 106.13 feet to a point in the center of said creek witnessed by a set iron pin and cap bearing N 44-20-39 W 9.59 feet away, thence leaving said creek and with 4 new division lines severing the parent tract N 44-20-39 W 117.54 feet to a set iron pin and cap a corner common to Donald Bryant (DB 382, Pg 372) thence with line common to said Donald Bryant N 02-30-29 W 45.93 feet to a set iron pin and cap, thence leaving line common to said Donald Bryant and continuing with said division lines N 75-18-16 E 113.39 feet to a set iron pin and cap, thence S 31-46-06 E. 107.90 feet to the point of Beginning, containing 0.36 acre by survey conducted on February 5, 1999 by Richard A. Reece, PLS #3358 with H&R Surveying, Rt. 1, Box 240, Gray, Kentucky 40734.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with red plastic cap stamped H&R PLS #3358. All bearing given herein are referenced to the magnetic meridian as obtained from adjoining deed source (Donald Bryant, DB 382, PG 373) and observed along the Western Boundary of said tract.

Being the same property conveyed to Debra Sue Poore, a single person, and Lonnie R. Smith, a single person, by Deed dated December 8, 2006, being of record in Deed Book 474, Page 36, in the Office of the Clerk of Whitley County, Kentucky.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser, it shall not be required to make down payment and no bond shall be executed by them.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00379

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. WARREN BOWERY; TAMMY BOWERY; MORTGAGE LENDES NETWORK USA, INC; HSBC BANK USA, NA; US BANK CUSTODIAN SASS MUNI V DTR; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

The Judgment against the Defendants, Warren Bowery and Tammy Bowery, plus costs, is as follows:

(1) The principal sum in the amount of $2,119.47, plus accrued interest in the amount of $351.05 through April 2012, plus accrued interest from April 2012 until paid, actual and reasonable attorney fees expended herein in the amount of $1,700.00, court costs and filing fees expended in the amount of $870.72, and the costs of sale to be expended herein.

The property to be sold is as follows:

Property Address: 846 Bear Hollow Rd., Rockholds, KY 40759;

Map ID Number 124-00-00-022.00;

LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:

BEGINNING on an iron pin in the edge of right-of-way of the Bear Hollow Road at the corner common to Oscar and Lisa Messer and running with the line of Oscar and Lisa Messer N 47 41’28” W, 190.96 feet to an iron pin; thence running N 36 39’14” E, 213.57 feet to an iron pin; thence running S 36 05’ 42” E, 67.88 feet to an iron pin; thence S 66 06’ 04” E, 144.16 feet to an iron pin in the edge of right-of way of the Bear Hollow Road; thence S 57 00’ 44” W, 218.07 feet to the beginning.

Being the same property conveyed to Warren Bowery and Tammy Bowery, by deed dated October 9, 1996, of record in deed Book 388, page 559, in the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 12-CI-00173

WHITAKER BANK CORP, PLAINTIFFS VS. V-B, L.L.C.; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVNUE; CITY OF CORBIN, KENTUCKY; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

The judgment against the Defendant, V-B, L.L.C., plus costs, is as follows:

(1) Pursuant to Count I of the Plaintiff’s Complaint, principal sum in the amount of $1,864,200.24 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II of the Plaintiff’s Complaint, principal sum in the amount of $153,779.42 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS: 1891 Cumberland Falls Highway, Corbin, Kentucky 40701.

A certain tract or parcel of land lying and being approximately 360 feet south of U.S. Highway 25W, and approximately 600 feet east of the junction of U.S. Highway 25W and Interstate Highway 75, on the waters of Bacon Creek of Lynn Camp Creek, in the County of Whitley, State of Kentucky, and bounded and described as follows, to-wit:

BEGINNING at a ½” rebar set in the line of Impac Management, Inc., Deed Book 357, Page 364, Tract B, now or formerly, a corner to Mildred Buckner, Deed book 389, page 107, and from which a Kentucky concrete right of way monument bears N 13-52-46 E, 384.09 feet, thence leaving said Impac Management, Inc., and running with the line of said Mildred Buckner, N 73-14-28 E, at 20.97 feet crossing a 5/8” rebar (found) in all 342.50 feet to a railroad spike (found) in asphalt, a corner to Jimmy Vance, Deed book 373, page 617, thence continuing with the line of said Jimmy Vance S 80-45-42 E, 131.97 feet to a 5/8” rebar, set a new corner, thence severing the land of Mildred Vance Buckner, Deed Book 376, page 56, a new line S 08-25-12 E, 217.08 feet to a 5/8” rebar, set 3 feet north of a ditch, thence continuing with all new lines S 77-27-25 W, 247.74 feet to a 5/8” rebar set, thence S 71-45-25 W, at 213.17 feet crossing a 5/8” rebar, reference monument, set in all 338.37 feet to a point, in the line of the aforementioned Impac Management, Inc., and from which a 5/8” rebar (found) at fence corner, a corner to said Impac Management and Mildred Vance Buckner bears S 13-51-14 W, 166.07 feet, thence running with the line of said Impac Management, Inc., N 13-51-14 E, 305.78 feet to the place of BEGINNING and containing (3.0746) acres more or less, with all bearings referred to the 1994 magnetic meridian, and all rebars having plastic caps stamped RSP, LS 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on October 28, 1994, and June 12, 1998.

There is also a permanent and non-exclusive access easement to the above described parcel of land for the purpose of ingress and egress described as follows, to-wit:

BEGINNING at a railroad spike, the second corner to the above-described parcel of land, thence running with a line of same, S 73-14-28 W, 22.88 feet to a point, thence N 00-34-50 W, 78.54 feet to a point, the southwest corner of another easement to the above-described parcel of land, which was reserved in Deed book 332, Page 190, thence running with the south line of above-described easement previously reserved N 89-05-22 E, 69.93 feet to a point, thence S 28-41-35 E, 101.02 feet to a point, on the line of the above-described parcel of land, thence running with said line N 80-45-42 W, 96.98 feet to the BEGINNING with all bearings referred to the 1994 magnetic meridian, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on October 28, 1994.

There is also another permanent easement for the purpose of ingress and egress to the above-described parcel of land, which runs from U.S. 25W, to the above-described easement and is fully described in Deed Book 332, page 190 in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

There is however, reserved from the above-described parcel of land, a permanent and non-exclusive access easement for the purpose of ingress and egress, described as follows, to-wit:

BEGINNING at a railroad spike, the second corner to the above-described parcel of land, thence running with a line of same, S 80-45-42 E, 131.97 feet to a 5/8” rebar, the third corner to the above-described parcel of land, thence S 08-25-12 E, 37.06 feet to a point, on the line of the above-described parcel of land, thence leaving same and running N 71-30-58 W, 52.50 feet to a point, thence N 83-50-52 W, 54.13 feet to a point, thence S 54-23-13 W, 61.32 feet to a point, thence S 72-50-58 W, 248.56 feet to a point, thence S 44-45-35 W, 36.59 feet to a point, thence S 22-00-55 W, 54.47 feet to a point, thence S 15-23-42 W, 161.88 feet to a point, on the line of the above described parcel of land, from which a 5/8” rebar reference monument to the sixth corner of the above-described parcel of land bears N 71-45-25 E, 65.46 feet, thence running with a line of the above-described parcel of land, S 71-45-25 W, 31.22 feet to a point, from which the sixth corner to the above-described parcel of land bears S 71-45-25 W, 28.52 feet, thence running N 15-23-42 E, 163.20 feet to a point, thence N 22-00-55 E, 83.37 feet to a point, thence N 44-45-35 E, 40.25 feet to a point, thence N 72-50-58 E, 249.34 feet to a point, thence N 54-23-13 E, 13.98 feet to a point, thence N 00-34-50 W, 35.24 feet to a point, on the line of the above-described parcel of land, from which the BEGINNING corner of same bears S 73-14-28 W, 319.62 feet, thence running with the line of said above-described parcel of land, N 73-14-28 E, 22.88 feet to the BEGINNING with all bearings referred to the 1998 magnetic meridian, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on June 12, 1998.

BEING ALL THE SAME PROPERTY conveyed to V-B, L.L.C., by Deed from Mildred Vance Buckner and husband, Paul Kenneth Buckner, dated July 1, 1998, and recorded January 11, 1999, in Deed Book 405, page 576 of the Whitley County Clerk’s Office.

ALSO:

An easement for the use of a “high rise sign” together with access thereto as conveyed to V-B, LLC, by instrument from Jimmy L. Vance dated October 20, 2005, and recorded October 27, 2005 in Miscellaneous Book 138, at page 655, Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

PUBLIC NOTICE – INVITATION TO BID

Whitley County has been awarded a grant from the Energy and Environment Cabinet, Division of Waste Management, for the purpose of cleaning illegal dumpsites within the county. The dumps will be removed under the direction of the Whitley County Fiscal Court.

Bid proposals and any additional information can be obtained at the Whitley County Judge/Executive’s Office, Whitley County Courthouse, 210 Main Street, Williamsburg, Kentucky, (606) 549-6000, during regular business hours. The proposals will also be posted on the Whitley County Fiscal Court website: http://www.whitleycountyfiscalcourt.com/news.asp .

There will be a pre-bid meeting at 9:00 a.m., June 6, 2012, in the Whitley County Fiscal Courtroom. All bidders are required to attend the pre-bid meeting. Sealed proposals will be accepted until 1:00 p.m., June 15, 2012, at which time the bids will be opened and read aloud. The contract will be awarded during the Whitley County Fiscal Court meeting at 6:00 p.m., June 19, 2012. PRINT (Dump Cleanup) on the front of the envelope.

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 bides. 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.

PUBLIC NOTICE

WHITLEY COUNTY FISCAL COURT REQUEST FOR BID

The Whitley County Fiscal Court will be accepting sealed bids for Asphalt Material (Surface, Binder & Base), Culvert (Plastic & Metal), Stone and RS-2 Oil. Bids will be accepted up to and opened in the Whitley County Fiscal Court Room at 2:00 p.m. on Thursday, June 18, 2012. Bids will be awarded during the regular session of the Whitley County Fiscal Court on June 19, 2012 at 6:00 p.m.

Beginning May 30, 2012, bids can be picked up at the Whitley County Judge/Executive’s Office, downloaded from the Whitley County Fiscal Court’s website at www.whitleycountyfiscalcourt.com or contact the office at (606) 549-6000. Mark envelopes as noted in Request for Bid.

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.

PUBLIC NOTICE

Second Reading of a proposed Ordinance relating to the renewing of Ordinance #2008-03 (Occupational Tax) will be held on 6/19/12 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge executive

PUBLIC NOTICE

A Petition to Close a County Road has been presented to the Whitley County Fiscal Court concerning 0.10 miles of Foley Bend Road. Pursuant to KRS 178.050, the hearing for this road closure, open to all interested parties, is scheduled to convene on June 19, 2012 at 6:00 p.m. during the regular scheduled court meeting. A written report from the two Viewers and the Road Department Supervisor will be presented at the meeting. A review of the map pertaining to the road closure is available for viewing at the Whitley County Judge Executive’s office during regular business hours.

Pat White, Jr., County Judge executive

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 12-001

An ordinance to prohibit the possession, sale and use of product containing Mephedrone, Methylenedioxypyrovalerone (MDPV), or any other chemical derivative of Methcathinone in the City of Williamsburg, Kentucky.

WHEREAS, the United States Drug Enforcement Administration (DEA) has exercised its emergency scheduling authority to temporarily control synthetic stimulants including Mephedrone, MDPV and Methylone sold under the guise of “bath salts” or “plant food” as such action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals. Mephedrone, MDPV and other chemical derivatives of Methcathinone have reportedly produced an intense high, euphoria, extreme energy, hallucinations and insomnia and cause users to be easily provoked to anger; and

WHEREAS, the DEA’s action will make possessing and selling these synthetic stimulants or the products that contain them illegal in the United States for at least one year while the DEA and the United States Department of Heath and Human Services further study whether these chemicals should be permanently controlled. These synthetic stimulants will become temporarily designated as Schedule I substances under the Controlled Substances Act; and

WHEREAS, substances that contain these synthetic stimulants or their chemical derivatives, are being marketed and sold as bath salts; and

WHEREAS, the Kentucky Poison Control System reports that products marketed as “bath salts” containing synthetic stimulants such as Mephedrone and MDPV, which are chemical derivatives of Methcathinone and have been linked to adverse physical effects to persons resulting in hospitalization and death; and

WHEREAS, the sale and use of products containing synthetic stimulants such as Mephedrone and MDPV are becoming a growing trend and problem across the United States. When ingested, snorted, smoked or injected, these synthetic stimulants produce effects similar to those of cocaine and methamphetamines, including chest pains, increased blood pressure, increased heart rate, extreme paranoia, suicidal tendencies and delusions; and

WHEREAS, several states and cities have issued emergency bans or ordinances prohibiting these types of synthetic stimulants; and

WHEREAS, there has been little public education and outreach relative to the risks and effects associated with the use of substances containing these types of synthetic stimulants; and

WHEREAS, it is necessary to preserve the peace and protect the general health, safety and welfare of the residents of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, AS FOLLOWS:

SECTION 1: PROHIBITION OF POSSESSION OR SALE OF PRODUCTS CONTAINING MEPHEDRONE, METHYLENEDIOXYPYROVALERONE (MDPV) OR ANY OTHER CHEMICAL DERIVATIVE OF METHCATHINONE

1.1 It is unlawful for any person to display for sale, sell, give, exchange, or otherwise distribute to any person products containing Mephedrone, Methylenedioxypyrovalerone (MDPV) or any other chemical derivative of Methcathinone except as authorized by law.

1.2 It is unlawful for any person to use, or to possess with intent to use, ingest, inhale, or otherwise introduce into the human body products containing Mephedrone, MDPV or any other chemical derivative of Methcathinone except as authorized by law.

SECTION 2: PENALTY

Any person violating section 1.1 or 1.2 of this ordinance shall be guilty of a Class A Misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00 or imprisonment for not more than 12 months, or both, for each offense. If current or future Kentucky Law(s) (KRS, etc.) prohibits any substance(s) contained in this ordinance, the Kentucky Law(s) (KRS, etc.) shall be applied instead of this ordinance for both prosecution and penalty.

SECTION 3: CONSTITUTIONALITY

If any article, section, sentence or part of a sentence in this ordinance is found to be unconstitutional, it is the intent of the drafter to strike only the unconstitutional provision (s) and for the remainder of the ordinance to remain in effect.

First Reading: February 13, 2012.

Enacted upon Second Reading this 12th day of March, 2012.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 12-002

An Ordinance to prohibit the possession, sale and use of synthetic marijuana including but not limited to the following: AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids and HU Cannabinoids in the City of Williamsburg, Kentucky.

WHEREAS, the United States Drug Enforcement Administration (DEA) has exercised its emergency scheduling authority to temporarily control synthetic stimulants including synthetic cannabis as such action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals.

WHEREAS, there has been little public education and outreach relative to the risks and effects associated with the use of substances containing these types of synthetic stimulants; and

WHEREAS, it is necessary to preserve the peace and protect the general health, safety and welfare of the residents of the City,

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, as follows:

ARTICLE 1: PURPOSE, DEFINITIONS, PROHIBITIONS AND PENALTY

SECTION 1: PURPOSE

The purpose of this ordinance is to stop the possession or sale of synthetic marijuana including but not limited to the following: AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids and HU Cannabinoids. These substances are harmful if consumed and present a significant public health danger that can result in hospitalization or death.

SECTION 2: DEFINITIONS

2.1 “Synthetic cannabis” means a psychoactive herbal and chemical product that, when consumed, mimics the effects of cannabis.

2.2 “AM cannabinoids” means any synthetic cannabinoids created by Alexandros Makriyannis or his research group including but not limited to AM-087; AM-251; AM-281; AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-1116; AM-1172; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2213; AM-2232; AM-2233; AM-2102; AM-4030. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;

2.3 “CP cannabinoids” means CP-47, 497; (C6) CP 47, 497,; (C7) CP-47, 497; (C8) CP 47, 497; (C9) CP 47, 497; CP-50 , 558-1; CP-55, 940; CP-945, 598. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;

2.4 “HU cannabinoids” means any synthetic cannabinoids synthesized at the Hebrew University including but not limited to HU-210; HU-211; HU-243; HU -308; HU-320; HU-331; HU-336; HU-345. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;

2.5 “JWH cannabinoids” means any synthetic cannabinoids created by John W. Huffman or his research group including but not limited to JWH-007; JWH-015; JWH-018; JWH-019; JWH-030; JWH-047; JWH-048; JWH 051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-118; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH 164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH 196; JWH-197; JWH-198; JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH-350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic cannabinoids that require a prescription; are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;

2.6 “Cannabicyclohexanol” means a large and complex variety of synthetic cannabinoids.

2.7 “Person” means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity.

2.8 “Possession” means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object;

2.9 “Traffic” means to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, dispense, or sell a controlled substance; and

2.10 “Transfer” means to dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.

2.11 “Manufacture” means,” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include activities:

(a) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice;

(b) By a practitioner, or by his or her authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or

(c) By a pharmacist as an incident to his or her dispensing of a controlled substance in the course of his or her professional practice;

SECTION 3: PROHIBITION OF POSSESSION OR SALE OF SYNTHETIC CANNABIS INCLUDING BUT NOT LIMITED TO AM CANNABINOIDS, CP CANNABINOIDS, JWH CANNABINOIDS OR HU CANNABINOIDS

3.1 Trafficking in synthetic cannabinoids

A person is guilty of trafficking in synthetic cannabis when he or she knowingly and unlawfully traffics in AM cannabinoids, CP cannabinoids, JWH cannabinoids, HU cannabinoids or substances containing cannabicyclohexanol.

3.2 Possession of synthetic cannabinoids

A person is guilty of possession of synthetic cannabinoids when he or she knowingly and unlawfully possesses AM cannabinoids, CP cannabinoids, JWH cannabinoids, HU cannabinoids or substances containing cannabicyclohexanol.

3.3 Manufacture of synthetic cannabinoids

A person is guilty of manufacturing synthetic cannabinoids when he or she knowingly and unlawfully produces, prepares, propagates, compounds, converts, or processes AM cannabinoids, CP cannabinoids, JWH cannabinoids, HU cannabinoids or substances containing cannabicyclohexanol.

SECTION 4: PENALTY

Any person violating section 3.1, 3.2, or 3.3 of this ordinance shall be guilty of a Class A Misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00 or imprisonment for not more than 12 months, or both, for each offense. If current or future Kentucky Law(s) (KRS, etc.) prohibits any substance(s) contained in this ordinance, the Kentucky Law(s) (KRS, etc.) shall be applied instead of this ordinance for both prosecution and penalty.

SECTION 5: CONSTITUTIONALITY

First Reading: February 13, 2012

Enacted upon Second Reading this 12th day of March, 2012.

RODDY HARRISON, MAYOR

ATTEST: TERESA BLACK, CITY CLERK

CITY OF WILLIAMSBURG

ORDINANCE NO. 12-003

AN ORDINANCE, RENEWING ORDINANCE NO. 08-002, OF THE CITY OF WILLIAMSBURG, KENTUCKY, APPROVING AN INTERLOCAL AGREEMENT FOR THE APPORTIONMENT OF REVENUES GENERATED FROM THE COUNTY OCCUPATIONAL LICENSE FEE AND THE CITY OCCUPATIONAL LICENSE FEE; AND APPROVING THE EXECUTION OF THE INTERLOCAL AGREEMENT.

WHEREAS, the City of Williamsburg and Whitley County are each political subdivisions under KRS 65, and each determined that it is in their respective best interests to apportion the occupational fees, consistent with KRS 68.197, so as to jointly promote stable economic development within their common jurisdiction; to avoid competition between them for economic development; and, to share in the joint promotion of future economic growth within both Whitley County and the City of Williamsburg;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY.

SECTION 1

The City of Williamsburg, Kentucky does hereby adopt and approve the Interlocal Agreement attached hereto as Exhibit “A”.

SECTION 2

The Mayor of the City of Williamsburg, Kentucky, is authorized and directed to sign the attached Agreement on behalf of the City.

SECTION 3

All ordinances or parts thereof in conflict herewith are to the extent of such conflict hereby repealed.

CITY OF WILLIAMSBURG, KENTUCKY

MAYOR, RODDY HARRISON,

ATTEST: TERESA BLACK, CITY CLERK

Date of First Reading: April 9, 2012

Date of Second Reading: May 14, 2012

CITY OF WILLIAMSBURG

ORDINANCE NO. 12-004

AN ORDINANCE OF THE CITY OF WILLIAMSBURG REPEALING AN UNNUMBERED ORDINANCE DATED AUGUST OF 1991 CONCERNING USE OF THE MUNICIPAL SANITARY SEWAGE COLLECTION AND TREATMENT SYSTEM, SETTING FORTH POLICY, DEFINITIONS, RULES AND REGULATIONS REGARDING THE USE OF SAID SYSTEM, CONTROLLING PRIVATE WASTEWATER DISPOSAL, GOVERNING THE BUILDING OF SEWERS AND CONNECTIONS, POLLUTANT DISCHARGE LIMITS, PRETREATMENT PROGRAM ADMINISTRATION, ESTABLISHING THE RIGHT OF THE CITY TO CHARGE FEES FOR ADMINISTERING THE CITY’S REASONABLY NECESSARY FUNCTIONS RELATED TO SEWER USE, AND DELINEATING POWERS AND AUTHORITY OF INSPECTORES AND SETTING FORTH THE METHODS AND PROCEDURES OF ENFORCEMENT OF THE ORDINANCE AND PENALTIES FOR VIOLATION OF SAME AND REPEALING ALL PRIOR ORDINANCES.

WHEREAS, the City of Williamsburg has constructed facilities and improved trunk lines to same; and

WHEREAS, the City of Williamsburg has determined the need for the adoption of a Sewer Use Ordinance to properly control the effluent to be discharged by the public into the City’s sewer system, and the use of the system;

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, that the following Ordinance shall be in effect from the date of publication hereof and until repeal and/or amendment thereof by the legislative body of the City.

This Ordinance shall take effect after its passage and upon publication.

For those individuals who wish to view entire said Ordinance, a copy may be viewed at City Hall, 423 Main Street, Williamsburg, KY. You may also view the Ordinance on our website at www.williamsburgky.com.

CITY OF WILLIAMSBURG, KENTUCKY

RODDY HARRISON, MAYOR

ATTEST: TERESA BLACK, CITY CLERK

First Reading: May 14, 2012

Second Reading: May 16, 2012

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 12-005

An Ordinance Regulating the Sale of Alcohol Beverages Within the City Limits of Williamsburg, Kentucky.

WHEREAS, an election was held on March 20, 2012 pursuant to KRS 242.185(6) as to whether the City of Williamsburg would permit the limited sale of alcoholic beverages within the city limits of Williamsburg and

WHEREAS, a majority of the citizens of the City of Williamsburg have voted in favor of the limited sale of alcoholic beverages, and

WHEREAS, the City may impose certain restrictions, regulations, and license fees upon such retail establishments that wish to sell alcoholic beverages, and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, AS FOLLOWS:

Chapter 1.00 Alcohol Beverage Control

Sec. 1.01 SHORT TITLE

This Ordinance shall be known and may be cited as the Alcoholic Beverage Ordinance of the City of Williamsburg.

Sec. 1.02 DEFINITIONS

As used in this chapter, unless the context clearly indicates or requires a different meaning, the words and terms defined in Kentucky Revised Statute 241.010 shall apply.

Sec. 1.03 INCORPORATION OF STATE LAW

(A) The provisions of the State Alcoholic Beverage Control laws contained in KRS Chapters 241, 242, 243, and 244 pertaining to licenses and regulations of the State Alcoholic Beverage Control Board, including definitions contained therein, as well as amendments and supplements thereto, are hereby adopted as part of the alcoholic beverage control law of the City, except as otherwise lawfully provided herein.

(B) No person shall sell, deal in, barter or exchange or possess for sale, or for the purpose of evading any law or ordinance, give away any alcoholic beverage in any quantity whatever, or cause the same to be done, without complying with all of the provisions of this chapter and all statutes and regulations of the state applicable thereto. Penalty, see Section 5.00.

Sec 1.04 SCOPE OF COVERAGE

(A) This chapter shall be construed to apply to the traffic in both malt beverages and distilled spirits and wine where the context permits such applications.

(B) Nothing contained in this chapter shall excuse or relieve the owner, proprietor, employee, or person in charge of any licensed premises in the city, where alcoholic beverages are sold, from the restrictions, requirements and penalties of any other ordinances of the city or of any other statutes of the state relating to violations to alcoholic beverages.

Chapter 2.00 ADMINISTRATION AND CONTROL

Sec. 2.01 ALCOHOL BEVERAGE CONTROL ADMINISTRATOR

As provided by KRS 241.160, cities of first, second, third, and fourth class in which alcoholic beverages are permitted shall have City Alcohol Beverage Control (ABC) administrators. The duties of the ABC administrator shall be assigned to the office of the Mayor. The local ABC administrator may recommend regulations as may be necessary to implement this chapter; any such regulations presented to the City Council for approval. The Mayor can initially assume the responsibility of the ABC administrator however he/she may designate a person to the position. The Mayor will also determine the salary of the ABC administrator, as with other City held positions.

Sec. 2.02 OATH AND BOND OF LOCAL ABC ADMINISTRATOR AND EMPLOYEES

(A) The ABC administrator before entering upon his duties as such, shall take the oath prescribed in KRS 241.180, and shall execute a bond with a good standing corporate surety in the amount of not less than one thousand dollars. ($1,000.00).

(B) The ABC administrator may require any city employee under his supervision to execute a similar bond in such amount, as he deems necessary.

Sec. 2.03 FUNCTIONS, DUTIES AND POWERS

(A) The functions of the City ABC Administrator shall be the same with respect to the city license and regulations, as the functions of the Kentucky Alcoholic Beverage Control Board (“Board”) with respect to state licenses and regulations of the ABC Administrator, described in KRS 241.190, shall become effective until approved by the Board.

(B) The ABC Administrator shall have the same powers and duties with respect to suspension and revocation for cause of city licenses as the State Alcoholic Beverage Control Board has with respect to state licenses under KRS 241.060. The ABC administrator, on his own initiative or on the complaint of any person, may institute proceedings to revoke or suspend any license issued under this chapter.

Sec. 2.04 POLICE POWER

The City ABC Administrator and his designee shall have the full police powers of law enforcement officers, and their jurisdiction shall be co-extensive with the boundaries of the City. They, along with the City of Williamsburg law enforcement officer, may inspect any premises where alcoholic or malt beverages are sold, stored or otherwise trafficked, without first obtaining a search warrant. City law enforcement officers shall have full police powers while performing any such inspections.

Sec. 2.05 RIGHT OF INSPECTION

The City ABC Administrator and his designee shall have available at all reasonable times for their inspection all books and records required to be maintained by licenses under KRS 244.150 and the City ABC Administrator shall receive copies of all reports submitted by licensee to the State Alcoholic Beverage Control Board.

Sec. 2.06 APPEALS FROM CITY ABC ADMINISTRATOR

Appeals from the order of the City ABC Administrator may be taken to the state Alcoholic Beverage Control Board by filing with the board, within thirty (30) days, a certified copy of the orders of the City ABC Administrator. The board shall hear matters at issue as original proceeding.

Chapter 3.00 LICENSE AND TAXES

Sec. 3.01 LICENSE REQUIRED FOR SALE

No person shall see or dispense at retail, or have in his possession for sale, any alcoholic or malt beverage, nor manufacture or transport any alcoholic or malt beverage in the City unless he shall first procure and have issued to him a license under the provisions of this chapter and all statutes of Kentucky and regulations adopted pursuant to this chapter.

Sec. 3.02 LIMITED RESTAURANT ALCOHOL BEVERAGE BY THE DRINK LICENSE; FEES

(A) The City shall have the power and authority to issue licenses for the sale Of alcoholic beverages by the drink at restaurants and dining facilities which seat a minimum of one hundred (100) persons inside the building and derive a minimum of seventy percent (70%) of their annual gross receipts from the sale of food. The fee of this city license will be $800.00 per year.

(B) The City License fee for the sale of alcoholic beverages during extended hours will be $0.00 per year.

Sec 3.03 DATE LICENSES EXPIRE; PRORATION

All licenses issued by the City shall be valid for a period of no more than one year. All licenses shall expire on June 30 of each year. Applications for renewal are to be filed with the City at least fifteen (15) days prior to expiration. When any person applies for a new license he shall be charged the full fee for the respective license if six (6) months or more remain before the license is due to be renewed, and one-half (1/2) the fee is less than (6) months remain before the license is due to be renewed. In the event any licensee shall cease doing business for any reason, no refund of the City license fee shall be granted.

Sec 3.04 PERSONS WHO MAY NOT BE LICENSED

A person shall not become a licensee under this chapter for any of the reasons stated in the KRS 243.100.

Sec 3.05 PREMISES THAT MAY NOT BE LICENSED FOR SALES AT RETAIL

No license for the sale of alcoholic beverages at retail shall be issued for any premises unless the applicant for the license is the owner of the premises or is in the possession of the premises under a written lease or a permit for no less than the license period.

Sec 3.06 BUSINESSES AUTHORIZED BY RETAIL DRINK LICENSE

A limited restaurant alcoholic beverage by the drink licenses 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. The licensee shall purchase distilled spirits and wine only from licensed wholesalers.

Sec 3.07 PUBLIC NOTICE OF INTENT TO APPLY FOR LICENSE

Any person, corporation, partnership, or any other entity, except an applicant for the same license for the same premises, or an applicant for a supplemental bar license shall before applying for a license advertise, by publication in the Whitley News Journal, his or her intention to apply for a license as stipulated in KRS 243.360. The advertisement shall meet the following requirements:

(1) The advertisement shall state the name and addresses of the members of the partnership if the applicant is a partnership, as well as the name of the business and its address, or if the applicant is a corporation, the names and addresses of the principal office and directors of the corporation, as well as the name and addresses of the corporation itself, the location of the premises for which the license is sought, and the type of license for which application is made.

(2) The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the publication as provided in KRS 424.170.

Sec 3.08 LOCAL ADMINISTRATOR TO FIRST APPROVE APPLICATION

An applicant for an alcoholic beverage license must have his city license approved by the City Alcoholic Beverage Control Administrator before they are eligible to apply for a state license.

Sec 3.09 APPLICATION FOR STATE LICENSE

All applications for alcoholic beverage licenses must submit an application to the state as stipulated in KRS 243.380.

Sec 3.10 SUBMITTAL OF APPLICATION

(A) An applicant for a license under this chapter shall file with the City Alcoholic Beverage Control Administrator a copy of his state license application containing the information required by KRS 243.380 and 243.390. The City application shall include the consent of the applicant permitting the City ABC Administrator to inspect and search the licensed premises at any reasonable time, to confiscate articles found on the premises in violation of any ordinance or statute, and to order an emergency temporary closure of the premises if the public health, safety, morals and welfare is threatened by one or more violations of any ordinance or statute involving disturbance of the peace or public disorder. The temporary closure shall remain in effect until review of the alleged violations by the City ABC Administrator within thirty-six (36) hours.

(B) All licenses granted under this Ordinance shall be approved by the City ABC Administrator. Applications for the issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by the ABC Board and the City of Williamsburg, as amended and supplemented from time to time.

(C) The application shall be verified and shall set forth in detail such information concerning the applicant and the premises for which the license is sought as required by the Kentucky Revised Statutes, the ABC Board and the City of Williamsburg, including as follows:

(1) Name and address;

(2) Nature of interest;

(3) Whether or not a citizen of the United States;

(4) Date of birth;

(5) Date residence was established in Kentucky, if a resident of Kentucky. If a Williamsburg resident, indicate when residence was established;

(6) Whether or not he or she has any interest in any other license or corporation or partnership holding a license under this ordinance;

(7) Extent of stock ownership;

(8) Whether or not he or she has any interest in any license or corporation or partnership holding a license in any other state or province.

Each application shall be accompanied by a certified check, cash or a postal or express money order for the license fee.

(D) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of this information to the City ABC Administrator.

(E) All City licenses shall be in such form as may be prescribed by the City and shall contain:

(1) The name and address of the licensee;

(2) The number of the license;

(3) The type of license;

(4) A description by street and number, or otherwise, or the licensed premises;

(5) The name and address of the owner of the building in which the licensed premises are located.

(6) The expiration date of the license;

(7) A statement in substance that the license shall not be a property or vested right and that it may be revoked at any time pursuant to law.

(F) All licenses approved by the City ABC Administrator and issued by the City of Williamsburg shall begin on July 1 of any year and shall expire on June 30 of the following year.

(G) The renewal by the City ABC Administrator of the license shall not be construed to be a waiver or acceptance of any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the licensee.

Sec 3.11 CAUSES FOR REFUSAL TO ISSUE OR RENEW LICENSE; SUSPENSION OR REVOCATION OF LICENSE

(A) State Law References. Causes for refusal to issue or renew a license and for suspension or revocation of a city license shall be the same as provided for state licenses according to KRS 243.450, 243.490, 243.500, as well as violation of any city ordinance regarding beverage licensing, sales, or the administration of licenses.

(B) Delinquent taxes or fees. No license to sell alcoholic or malt beverages shall be granted or renewed to any person who is delinquent in the payment of any taxes or fees due to the City at the time of issuing the license; nor shall any license be granted or renewed to sell upon any premises or property, owned and occupied by the licensee upon which there are any delinquent taxes or fees due the City. If a licensee becomes delinquent in the payment of any taxes or any fees due the City at any time during the license period, the license to sell alcoholic or malt beverages shall be subject to revocation or suspension. The City ABC Administrator may, in his discretion, approve a license to sell after receiving from the City Clerk, a written statement to the effect that the applicant for the license has paid or has made satisfactory arrangements with the City Clerk for taking care of the indebtedness represented by the unpaid and delinquent taxes or fees. This section shall apply only to taxes and fees, which are due and payable by the licensee.

(C) Appeals. Appeals may be taken from decisions of the City ABC Administrator to the State Alcoholic Beverage Control Board according to the provisions of KRS 241.200 and 243.550.

(D) Failure to Meet Seating Standards. A cause for refusal to issue or renew a license and for suspension or revocation of a city license shall occur if the licensee ceases either to provide a minimum of one hundred (100) seats or derive a minimum of seventy percent (70%) of their annual gross receipts from the sale of food.

Sec 3.12 APPROVAL OR DENIAL OF APPLICATION

(A) If upon review of the application, the City ABC Administrator determines that the applicant has complied with all requirements of the Alcoholic Beverage Control Law, as well as all regulatory provisions of this chapter, that the location is one that can be approved, including but not limited to the requirements of KRS 243.220 and 242.185(6), that a license may be issued within the rules fixed by the State Alcoholic Beverage Control Board, and that there are no causes for denial of the license, the City ABC Administrator shall approve the application.

(B) If the City ABC Administrator has reasonable grounds to believe that an applicant has violated any law, rule or regulation relating to alcoholic beverages, he may issue to the applicant a written order setting forth such violation and requiring the applicant to show cause why the requested license should be issued. The City ABC Administrator shall have the right to order, and the applicant shall have the right to request, and evidentiary hearing to examine the violation set forth in the show cause order issued by the City ABC Administrator.

Any decision by the City ABC Administrator on the application shall be subject to appeal as provided by law.

Sec. 3.13 PAYMENT OF FEES, REFUND OF FEES

Upon approval of the application by the City ABC Administrator, the applicant shall pay the amount of the license fee provided in this chapter in the form of a certified check, money order, or cash. Payment shall be held in deposit by the City pending state license approval and issuance of the City license by the City ABC Administrator

If payment of a license fee was erroneously made or the licenses are not issued, the City shall authorize the payment of the refundable amount.

Sec. 3.14 ISSUANCE OF CITY LICENSES

The City Licenses shall be issued and the fees collected by the City Clerk. No license shall be issued by the clerk without the approval of the City ABC Administrator. The license shall be in the form of a standard City Business License and a business license category shall hereby be established as a Limited Restaurant Alcoholic Beverage by the Drink License. The fees shall be those established in Section 3.02 of this chapter and shall not replace the standard business license fees required.

Sec. 3.15 POSTING OF LICENSES

The licensee, before commencing any business for which a license has been issued, shall post and display at all times a conspicuous place in the room or principal room where the business is carried on so that all persons visiting the place shall readily see the license.

The licensee shall not at any time post the license on premises other than the licensed premises or upon premises where the traffic in alcoholic beverages is being carried on by any person other than the licensee, or knowingly deface, destroy or alter the license in any respect.

Each license in the same form prescribed by KRS 243.440 for state licenses shall be posted at the licensed premises in the same manner prescribed by KRS 243.620 for state licenses. An exact duplicate or facsimile of each city license shall remain in the City Clerk’s office as part of the public record.

Sec. 3.16 TRANSFER, ASSIGN, OR ACQUIRE EXISTING LICENSE

The transfer, assigning or acquisition of city license shall be the same as provided for in state licenses in KRS 243.630, 243.650, and 243.660.

Sec. 3.17 APPLICANT TO PAY FOR OWN LICENSE

The license fee for a city license shall be payable by the person who makes application for the license and to whom it is issued, and no other person shall pay for any license issued under these sections.

Sec. 3.18 DEPOSIT OF FEES

All moneys derived from license fees or from fines as provided in this chapter shall be paid to the treasury of the City and become a part of the general funds of the City.

Sec. 3.19 LICENSE TO BECOME VOID IF BUSINESS DORMANT; LICENSE RENEWAL

(A) Surrender of license and exceptions. Any license under which no business is transacted during a period of ninety (90) days shall become null and void. At the expiration of the ninety (90) day period the license shall be surrendered to the City ABC Administrator, except that any licensee who is unable to continue in business at the licensed premises may apply to the Commonwealth of Kentucky Alcoholic Beverage Control Department, pursuant to 804 KAR 4:1110, as amended, from time to time to control such license in dormancy. In the event a period of dormancy is applied for or granted by the ABC Administrator to the licensee, the licensee shall immediately notify the City ABC Administrator. Upon resumption of business or transfer or assignment of the license, the licensee shall notify the City ABC Administrator and a fee shall be due and payable to the City for the period the license was in dormancy in the same amount due had the license remained active for the same period.

(B) Applications approved by the City ABC Administrator and based on pending construction or development on the premises shall be null and void after ninety (90) days of the commitment to issue a license if the applicant fails to proceed in an orderly fashion to initiate construction or development on the premise involved. The City ABC Administrator may grant extensions, as he deems appropriate in exercise of his sound discretion based on facts and circumstances surrounding each request.

(C) Renewals: Time for filing. All renewal of licenses and payment of license fees must be on file with the City ABC Administrator fifteen (15) days before the expiration of the license for the preceding license period or the license shall be canceled, except that the licensee may file a written, verified statement fifteen (15) days prior to the expiration date of the license, setting forth the facts justifying an extension. The City ABC Administrator may then extend the time for filing of a renewal of license for a reasonable length of time within the exercise of his sound discretion. The licensee shall pay the licensee fee from the expiration date of the former license or licenses and payment shall be refunded to the licensee in the event that the license or licenses are not renewed at, or before, the end of the extension period.

Sec. 3.20 APPROVAL OF PREMISES

The City ABC Administrator shall not grant any alcoholic beverage license or approved a renewal of a license until said applicant and his place of business shall have been approved by the city building inspector and/or Zoning Administration, and any and all other inspections required by the Kentucky Building Code.

Chapter 4.00 PROHIBITIONS, RESTRICTIONS, AND REGULATIONS

Sec. 4.01 HOURS OF SALE

(A) Retail sale for Consumption on Licensed Premises. Premises for which there had been granted a license the retail sales of alcoholic beverages by the drink, shall be permitted to remain open between the hours of 6:00 a.m. and 12:00 midnight each day of the week, except as stated below. However, sales may not be conducted at any time when the polls are open for any election in the precinct in which the license is granted. However, if the licensee provides a separate area within his licensed premises capable of being locked and closed off within which is kept all stocks of alcoholic beverages and if the department is kept locked during the foregoing time his is not permitted to remain open to see alcoholic beverages, he shall be deemed to have complied with this subsection.

(B) Alcoholic beverages may be sold or dispensed on Sundays, from 2:00 p.m. to 12:00 midnight.

(C) The licensee may sell and dispense alcoholic beverages on New Years Eve until 2:00 a.m. on January 1, regardless of the day of the week on which New Years Eve occurs, provided that the appropriate licenses have been obtained from both the City and State ABC Commission.

(D) Control of Premises During Closing Hours. During the closing hours, the premises of any license for the sale of alcoholic beverages by the drink must be closed to and vacant of all customers and all persons except the licensee and his employees, who shall be allowed on the premises for business purposes only. Alcoholic beverages shall not be sold, given away, delivered or consumed by anyone in any room of the premises during the closing hours and no parties, private or public, shall be held on the premises. The premises shall not be loaned, rented or leased to anyone during closing hours for a party or for any other purposes.

Sec. 4.02 HOURS OF SALE; EXCEPTIONS; REQUIREMENTS

The licensee shall be allowed to remain open during hours when the sale of alcoholic beverages is prohibited for the sole purpose of providing food services to the public. However, all stocks of alcoholic beverages shall be locked and closed off from the public during said time period.

Sec. 4.03 FOOD SERVICE REQUIREMENTS

All license holders of a Limited Restaurant Alcoholic Beverage By The Drink License shall be required to maintain food service during all hours that alcohol is served.

Sec. 4.04 CONFISCATION AUTHORIZED IF VIOLATIONS OCCUR

If any alcoholic or malt beverages are found on the outside of the locked or closed off area of any licensed premises at any hours during which the licensee is prohibited by the State Alcoholic Beverage Control Act or by this ordinance from selling alcoholic or malt beverages were kept outside the locked or closed-off section for the purpose of sale in violation of this chapter and the State Alcoholic Beverage Control Act and shall be grounds for revocation or suspension of the license. In addition to other penalties provided for violation of this chapter, the City Alcoholic Beverage Control Administrator is hereby authorized to confiscate the alcoholic or malt beverages.

Sec. 4.05 ADVERTISING RESTRICTIONS

(A) Signage which refers directly, or indirectly, to alcoholic beverages shall be limited to one (1) two (2) square foot sign, for each fifty (50) square feet of glass window, that must be displayed from the inside of the window or interior of the business. No additional signs, banners, posters, or other type of display advertising which refers either directly, or indirectly, to alcoholic beverages shall be displayed on, nor shall it be visible from, the exterior of any premises licensed for the sale of alcoholic beverages, except that reference to such may be included in the name of the business. The restriction shall not prevent any licensee from placing in the windows of the licensed premises business price cards not larger than two and one-half (2 1⁄2) inches in size, setting forth the price at which he offers alcoholic beverages for sale.

(B) No flashing lights shall be used to illuminate the exterior of any premises licensed under this chapter.

(C) It shall be unlawful for all licensee under this chapter to distribute or cause to be distributed any handbills, circulars, or cards as a medium for advertising alcoholic beverages.

(D) It shall be unlawful for any person, holding a license under this chapter to sell alcoholic beverages of any kind, to give away or offer to give away anything tangible of value as a premium or prize, or for any other purpose in connection with the sale of alcoholic beverages.

(E) Any advertising by any licensee under this chapter shall be in compliance with KRS 244.130.

Sec. 4.06 TREATING PROHIBITED

No license holder shall give away any alcoholic beverage in any quantity for less than a full monetary consideration.

Sec. 4.07 LICENSEE TO PURCHASE FROM AND SELL ONLY TO PERSONS AUTHORIZED TO SELL OR PURCHASE

(A) No licensee shall purchase of agree to purchase any alcoholic beverages from any person within or without this state, who is not licensed to sell the beverages to the particular purchaser at the time of the agreement to sell, nor give any order for any alcoholic beverages to any person who is not a holder or a special agents or solicitors license if such a license is required.

(B) No licensee shall sell, or agree to sell, any alcoholic beverage to any person within or without this state who is not legally authorized to buy and receive the beverages at the time of the agreement to sell, nor secure any order for the sale of any alcoholic beverages through any person who is not the holder of a special agents or solicitors license.

Sec. 4.08 RETAIL SALES TO CERTAIN PERSONS PROHIBITED

No retail licensee shall sell, give away or deliver any alcoholic beverages, or procure or permit any alcoholic beverages to be sold, given away or delivered to:

(A) A minor, except that in any prosecution for selling alcoholic beverages to a minor it is an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means and that the purchasers appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages. The evidence may be introduced either in mitigation of the charge or as a defense to the charge itself.

(B) A person actually or apparently under the influence of alcoholic beverages.

(A) A habitual drunkard or any person convicted of drunkenness as many as three (3) times within the most recent twelve (12) month period.

(B) Except as provided in Section C above, anyone known to the seller to have been convicted or D.U.I. or any other misdemeanor attributable directly or indirectly to the use of alcoholic beverages, or for a felony within the preceding twelve (12) months.

Sec. 4.09 SALE TO PERSON NOT PROVIDING FOR HIS FAMILY PROHIBITED

No licensee shall or agree to sell any alcoholic beverages or case or permit any alcoholic beverage to be sold to any person who has been reported to the licensee by any court or by any officer acting at the direction of the court as having failed to make proper provisions for his family.

Sec. 4.10 LICENSEE TO DISPLAY NOTICE AS TO THE SALE TO MINORS: WARNING OF DANGERS OF DRINKING DURING PREGNANCY TO BE POSTED

(A) Every retail licensee shall display at all times in a prominent place a printed card at least eight (8) inches by eleven (11) inches in size which shall show, in thirty (30) point or larger type, substantially as follows: Persons under the age of twenty-one (21) are subject to a fine up to one hundred dollars ($100) if they:

(1) Enter licensed premises to buy, or have served to them, alcoholic beverages

(2) Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.

(3) Misrepresent their age for purpose of purchasing or obtaining alcoholic beverages.

(B) All licensed retail vendors of alcoholic beverages shall post in prominent place easily seen by patrons a printed sign at least eleven (11) inches by fourteen (14) inches in size, with letters at least one (1) inch high, supplied by the Alcoholic Beverage Control Commission, and with gender-neutral language supplied by the Cabinet for Health Services, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.

Sec. 4.11 MINORS NOT TO POSSESS OR PURCHASE LIQUOR TO MISREPRESENT AGE-USE OF FRAUDULENT IDENTIFICATION

(A) As used in KRS 244.083 and this section; Premises has the meaning it is given in KRS 241.010 and also means the place of business of a person licensed to sell alcoholic beverages.

(B) A person under 21 years of age shall not enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing any alcoholic beverages.

(C) A person under 21 years of age shall not possess for his or her own use or purchase or attempt to purchase or have another purchase for him or her any alcoholic beverages. No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages.

(D) A person under 21 years of age shall not misrepresent his or her age for the purpose of inducing any licensee, or the licensed agent, servant, or employee, to sell or serve any alcoholic beverages to the underage person.

(E) A person under 21 years of age shall not use, or attempt to use any false, fraudulent, or altered identification card, paper, or any other document to purchase or attempt to purchase or otherwise obtain any alcoholic beverage.

Sec. 4.12 PERSONS WHO LICENSEES MAY NOT EMPLOY

(A) A person holding any city license shall not knowingly employ in connection with his or her business any person who:

(1) Has been convicted of any felony within the last two (2) years.

(2) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable to the use of intoxicating liquors within the last two (2) years.

(3) Is under the age of twenty (20) years, unless the person is employed in a capacity that does not involve the sale or serving of alcoholic beverages.

(4) Within two (2) years prior to the date of his employment, has had any license issued under KRS 243.020 to 243.670 or under any other act or ordinance relating to the regulation of the manufacture, sale, or transportation of alcoholic beverages revoked for cause.

(B) The provisions of paragraph (1) and (2) or subsection (A) of this section shall not apply if the employees duties do not involve the sale, delivery, or traffic in alcoholic beverages at the licensed premises.

(C) Violation of this section shall subject both employer and employee to penalties provided in this chapter and shall be cause for revocation of license.

Sec. 4.13 RETAIL PREMISES NOT TO BE DISORDERLY

(A) No person licensed to sell alcoholic beverages at retail shall cause, suffer, or permit the licensed premises to be disorderly.

(B) Acts which constitute disorderly premises, consist of permitting patrons to cause public inconvenience, annoyance or alarm, or wantonly creating a risk through:

(1) Engaging in fighting or in violent, tumultuous or threatening behavior, or

(2) Making unreasonable noise, or

(3) Refusing to obey any official order to disperse issued to maintain public safety in dangerous proximity to fire, hazard, or other emergency; or

(4) Creating a hazardous or physically offensive condition by an act that serves no legitimate purpose; or

(5) Conducting promotional efforts that are not customary or usual for a restaurant operation (e. g. wet t-shirt contest).

(C) No person licensed to sell alcoholic beverages at retail shall cause, allow or permit dancing or karaoke singing or pool tables on the premises which holds a city license.

(D) No gambling or game of chance unless otherwise authorized by the Commonwealth of Kentucky shall be permitted in any form on such licensed premises. Dice, slot machines, or any device of chance is prohibited and shall not be kept on such premises.

(E) It shall be unlawful for any licensee licensed under this Ordinance to have or maintain any radio receiving apparatus on such premises which is intentionally adjusted so as to receive police messages broadcast from any law enforcement agency. In addition to other penalties provided for the violation of this section, the Chief of Police or the City ABC Administrator, or his designated investigator, shall have the authority to confiscate any and all such radio receiving apparatus.

(F) The licensee shall be responsible for maintaining security on his premises including providing adequate outside lighting to permit customers to utilize the parking area and to promote the safety, health and welfare of the general public utilizing the licenses premises. Security standards are further necessary to discourage unlawful activity in and around the licensed 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.

Legal Notices for 5/30/12, page 3

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