Legal Notices for 5/30/12, page 6

 

 (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.