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§ 111.18 POSTING OF LICENSES.
   (A)   Before commencing or doing any business for the time for which a license has been issued, the license shall be posted at all times and displayed in a conspicuous place in the room or principle room where the business is carried on, so that all persons visiting the place may readily see the license. Licenses listed in this chapter shall be enclosed in a wood or metal frame enclosing a clear glass space so that the whole of the license may be seen.
   (B)   No licensee shall post or permit to be posted, upon premises other than the licensed premises or upon premises where 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.
(Ord. 8, 2021, passed 1-28-21)
§ 111.19 ANNUAL FEES.
   (A)   Pursuant to the provisions of KRS 243.070 the city annual license fees shall be the maximum amounts permitted by KRS 243.030 and 243.040 with the exception that a wholesaler's annual license fee shall be $400.
   (B)   In order to engage in sale or trafficking of alcoholic beverages in the city, a patty must be a license holder of one or a combination of the licenses required hereunder.
(Ord. 8, 2021, passed 1-28-21)
§ 111.20 PAYMENT OF LICENSE FEES.
   The license fee and/or regulatory tax for every license issued under this chapter shall be payable by the person making application for such license and/or licensee, and no other person, firm or corporation shall pay for any license issued under this chapter. In addition to all other penalties provided in this chapter, a violation of this section shall authorize and require the revocation of the license, and also the revocation of the license, if any, of the person, firm or corporation so paying for the license and/or tax of another.
(Ord. 8, 2021, passed 1-28-21)
§ 111.21 EXPIRATION DATE; DATE FEES DUE; FRACTIONAL FEES.
   (A)   All city licenses shall expire on June 30 of each year. The renewal by the City Administrator of the license shall not be construed to be a waiver or condonement of any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the license therefore.
   (B)   Application for a license made after July 1 of any year, shall result in a charge, if the license is issued, of an amount equal to one-twelfth of the annual license fee for each calendar month or part thereof, including the month in which the license is granted, until the following July 1, except that no license issued shall be charged for a shorter period than six months. No abatement of license fees shall be permitted to any person who held a license of the same kind for the same premises in the preceding license period and who was actually doing business under the license during the last month of the preceding license period.
(Ord. 8, 2021, passed 1-28-21)
§ 111.22 REFUND OF LICENSE FEES.
   (A)   Should any licensee under this chapter be prohibited from conducting said business for the full period covered by the license because of any changes that may hereafter be made in the laws of the State of Kentucky with reference to alcoholic beverages or other cause outside licensee's control then the city shall refund to it the proportionate part of the license fee for the period during which it is prevented from carrying on said business if the licensee provides sufficient proof to the City Administrator that such period of inactivity was not the fault of the licensee or the result of a revocation, suspension or other wrong doing by licensee or agent or employee of the licensee.
   (B)   With respect to a temporary license granted in conjunction with an approved event, if the event is cancelled, the license fee shall be refunded or credited at the option of the licensee.
(Ord. 8, 2021, passed 1-28-21; Am. Ord. 96, 2022, passed 6-9-22)
§ 111.23 LOST OR DESTROYED LICENSES.
   When a license shall be lost or destroyed without fault on the pall of the licensee or his agent or employee, a duplicate in lieu of the original license shall be issued by the City Administrator after he/she shall be satisfied as to the facts, provided, however, that the person applying for said duplicate license shall pay a fee of $10 for issuing said duplicate.
(Ord. 8, 2021, passed 1-28-21)
§ 111.24 REVOCATION OR SUSPENSION.
   (A)   Any license may be revoked or suspended by the City Administrator if the licensee shall have violated any of the provisions of Kentucky Revised Statutes Chapters 241, 243 or 244, or any rule or regulation of the ABC Board or of the Department of Revenue relating to the regulation of the manufacture, sale and transportation or taxation of alcoholic beverages or if such licensee shall have violated or shall violate any act of congress or any rule or regulation of any federal board, agency or commission, or any provision of this chapter now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors or any rules or regulations of the city heretofore in existence or authorized by the terms of Kentucky Revised Statutes Chapters 241, 243 and 244 to be created, or if any clerk, agent, servant, or employee of any licensee shall violate any of the laws, regulations or ordinances above referred to, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his instructions, or any such license may be revoked or suspended for any cause which the City Administrator in the exercise of his sound discretion deems sufficient. A license may be revoked or suspended for any of the reasons for which the City Administrator would have been required to refuse a license if the facts had been known.
   (B)   Any license may be revoked or suspended for the following causes:
      (1)   Conviction of the licensee or his agent or employee for selling any illegal beverages on the licensed premises;
      (2)   Making any false, material statements in an application for a license or supplemental license;
      (3)   Violation of the provisions of § 111.20;
      (4)   Conviction of the licensee or any of his clerks, servants, agents or employees of two violations or misdemeanors directly or indirectly attributable to the manufacture, sale, transportation, or use of alcoholic beverages within two consecutive years;
      (5)   Any felony;
      (6)   Willful and deliberate failure or default of a licensee to pay an excise tax or any part thereof, or any penalties imposed by or under the provisions of any statutes, §§ 111.19, 111.27 or 111.45 or acts of congress relative to taxation, or for a violation of any rules or regulations of the Department of Revenue made in pursuance thereof;
      (7)   Revocation of any license or permit provided in KRS 243.060, 243.070, 243.600 and 243.610 or granted under any act of congress relative to the regulation of the manufacture, sale and transportation of alcoholic beverages. Any license issued must be revoked or suspended if the licensee sells the alcoholic beverages at a price in excess of the price set by federal or state regulations;
      (8)   Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility for betting or transmitting bets on horse races; or permitting to be set up, conducted, operated, kept, or engaged in, on the licensed premises, any such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility. This section shall not apply to contests in which eligibility to participate is determined by chance and the ultimate winner is determined by skill and the licensee has no direct interest, or to the sale of lottery tickets sold under the provision of KRS Chapter 154A;
      (9)   Conviction of the licensee, his agents, servants, or employees for:
         (a)   The sale or use upon the licensed premises of those items described in KRS 218A.050 through 218A.130 as controlled substances;
         (b)   Knowingly permitting the sale or use by patrons upon the licensed premises of those items described in KRS 218A.050 through 218A.130 as controlled substances; or
         (c)   Knowingly receiving stolen property upon the licensed premise.
      (10)   Any cause for refusal or revocation of a state license as set forth in the Kentucky Revised Statutes, specifically including without limitation, KRS 244.120.
(Ord. 8, 2021, passed 1-28-21)
§ 111.25 NOTICE TO LICENSEE; SURRENDER OF LICENSE; STOCK; HEARING.
   (A)   The City Administrator shall furnish to licensee a copy of this chapter at the time the city license is issued and a receipt for same shall be executed by the licensee. Any changes or amendments to same shall be forwarded to licensee at address on the license. Failure to receive or review such changes or amendments or review the chapter shall not be an excuse or justification for any violation or prevent, remit or decrease any penalty for a violation.
   (B)   All restrictions and prohibitions relating to retail package and drink licenses under this chapter and KRS Chapter 241, 242, 243, 244 and rules and regulations promulgated by the ABC Board shall have application to the club licenses.
   (C)   Within three days after any order of revocation of a license becomes final, notice of revocation shall be given to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his license to the City Administrator. If the revoked license is not forthwith surrendered by the licensee, the Chief of the Police at the request of the City Administrator shall immediately cause one of his officers to take physical possession of the license and return it to the City Administrator.
   (D)   When a license has been revoked the former licensee may, with prior approval of the City Administrator dispose of and transfer his stock of alcoholic beverages to a licensee, but such a disposition of stock on hand shall not be delayed longer than 90 days in the case of wholesalers or distributors nor longer than 20 days in the case of retailers.
   (E)   Hearings conducted by the City Administrator relating to suspension or revocation shall be conducted in the manner prescribed in § 111.15. Notice of such hearing shall be mailed to licensee at the address on his application by pre-paid certified mail return receipt requested. Notice shall set the time and place for such hearing and contain charges of violations.
   (F)   Appeal from the decision of the City Administrator shall be to the ABC Board.
   (G)   If a license is revoked or suspended by an order of the City Administrator, the licensee shall at once suspend all operations authorized under his license.
(Ord. 8, 2021, passed 1-28-21)
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