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

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  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.

(C) The City license fee for the sale of alcoholic beverages on Sunday 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;

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