(A) (1) Before an application shall be considered, the applicant must publish a notice of its intent to apply for an alcohol beverage license in a newspaper meeting the requirements of KRS Ch. 424.
(a) The advertisement shall state the name and addresses of the individual applicant, or members of a partnership or limited liability company if the applicant is either, 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.
(b) The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the publication as provided in KRS 424.170, along with a non-refundable application fee of $50.
(2) All licenses granted under this chapter 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 Department of ABC and the city, as amended and supplemented from time to time.
(3) (a) 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 Department of ABC and the city, 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 the state. If a city 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 chapter;
7. Extent of stock ownership; and
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.
(b) Each application shall be accompanied by a certified or cashier's check, or a postal or express money order for all fees.
(4) 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.
(5) All city licenses shall be in such form as may be prescribed by the City Council and shall contain:
(a) The name and address of the licensee;
(b) The number of the license;
(c) The type of licenses;
(d) A description by street and number, or otherwise, of the licensed premises;
(e) The name and address of the owner of the building in which the licensed premises are located;
(f) The expiration date of the license; and
(g) 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.
(6) All licenses approved by the City ABC Administrator and issued by the city shall begin on May 1 of any year and shall expire on April 30 of the following year, provided, however, a licensee who elects to renew licenses by batch at the same time shall do so in conformity with the applicable Kentucky Administration Regulation.
(7) 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.
(8) Any licenses issued after December 31 of any year shall be assessed a fee which is based on the pro rata portion of the remainder of the license period. However, the cost of any license shall not be less than that for a period of six months.
(9) In the event a violation of this chapter occurs that requires the revocation of the license, the city shall not be required to refund any portion of the license fee.
(B) City licenses.
(1) For the privilege of causing, permitting and engaging in the actions, business, and transactions authorized thereby in regard to traffic in alcoholic beverages in the city and pursuant to the authority of KRS 243.070, there is hereby established a corresponding city license for each of the state licenses described in KRS 243.070. The fee for each city license shall be as set out in the schedule set forth below. In the event KRS 243.070 shall hereafter be amended to authorize additional city licenses, the fee for each city license shall be the maximum fee provided in the statute as amended.
(a) Distiller's License, per annum $500.
(b) Rectifier's License:
1. Class A, per annum $3,000.
2. Class B (craft rectifier), per annum $960.
(c) Wholesaler's License, per annum $3,000.
(d) Quota Retail Package License, per annum $1,000.
(e) Quota Retail Drink License, per annum $1,000.
(f) Special Temporary License, per event $166.
(g) Non-quota Type 1 Retail Drink License, per annum (includes distilled spirits, wine, and malt beverages) $2,000.
(h) Non-quota Type 2 Retail Drink License, per annum (includes distilled spirits, wine and malt beverages) $1,000.
(i) Non-quota Type 3 Retail Drink License, per annum (includes distilled spirits, wine and malt beverages) $300.
(j) Special Temporary Alcohol Auction License, per event $200.
(k) Special Sunday Retail Drink License, per annum $300.
(l) Extended Hours Supplement License, per annum $2,000.
(m) Caterer's License, per annum $800.
(n) Bottling House or Bottling House Storage License, per annum $2,000.
(o) Brewer's License, per annum $500.
(p) Micro-Brewery License, per annum $500.
(q) Malt Beverage Distributor's License, per annum $200.
(r) Non-quota Retail Malt Beverage Package License, per annum $200.
(s) Non-quota Type 4 Retail Malt Beverage Drink License, per annum $200.
(t) Malt Beverage Brew-on-Premises License, per annum $100.
(u) Limited Restaurant License, per annum (includes distilled spirits, wine, and malt beverages) $1,050.
(v) Limited Golf Course License, per annum (includes distilled spirits, wine, and malt beverages) $1,050.
(w) Authorized Public Consumption License, per annum (if want to allow) $250.
(2) The fee for each of the first five supplemental bar licenses shall be the same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises.
(3) The holder of a nonquota retail malt beverage package license may obtain a non-quota type 4 malt beverage drink license for a fee of $50. The holder of a non-quota type 4 malt beverage drink license may obtain a non-quota retail malt beverage package license for a fee of $50.
(4) Certain special licenses defined.
(a) Limited restaurant license. A limited restaurant license may be issued pursuant to KRS Ch. 243, if said restaurant meets the definition of a "Limited Restaurant" as set forth in KRS 241.010(31) it is a facility where the usual and customary business is the serving of meals to consumers, which has a bona fide kitchen facility, which receives at least 70% of its gross income from the sale of food, and which maintains seating capacity of either 100 or 50 persons for dining. If the limited restaurant only maintains seating capacity for 50 persons, it shall not have an open bar and all alcoholic beverages shall be sold in conjunction with the sale of a meal. Distilled spirits, wine, and malt beverages shall be deemed to be purchased in conjunction with a meal if the distilled spirits, wine, and malt beverages are served after the meal is ordered and no more than 1/2 hour after the meal is completed.
(b) Limited golf course license. A limited golf course license may be issued pursuant to KRS Ch. 243 if an establishment meets the following conditions: a golf course with nine, or 18, holes that meets United States Golf Association criteria as a regulation golf course. A limited golf course license shall authorize the licensee to purchase, receive, possess, and sell distilled spirits, wine, and malt beverages at retail by the drink for consumption on the licensed premise.
(c) Non-quota type 1 retail drink license. A non-quota retail drink license may be issued to, and in the following, as defined by KRS to: a convention center or a convention hotel complex; a horse racetrack; an automobile racetrack; a railroad system; a commercial airlines system or charter flight system, a qualified Historic Site, and a state park.
(d) Non-quota type 2 retail drink license. A non-quota retail drink license may be issued pursuant to and as defined by KRS to the following:
1. A hotel that contains at least 50 sleeping units, contains minimum dining seating for at least 50 persons, and which maintains 50% of its gross food and drinks sales from the sale of food;
2. A restaurant that contains minimum dining seating for at least 50 persons, and which maintains 50% of its gross food and drinks sales from the sale of food;
3. An airport; or
4. A riverboat.
(e) Non-quota type 3 retail drink license. A non-quota 3 retail drink license may be issued pursuant to and defined by KRS to the following:
1. A private club in existence for longer than one year prior to the license application and which excludes the general public;
2. A dining car;
3. A distiller; and
4. A bed and breakfast.
(f) Non-quota type 4 retail malt beverage drink license. A non-quota type 4 retail malt beverage drink license may be issued pursuant to and as defined in KRS to the following: a holder of a quota retail drink license; a holder of a micro-brewery license; a holder of a small farm winery license; and any other business wishing to sell malt beverages by the drink for consumption on the premises only. A non-quota retail malt beverage drink license shall not be issued to any premises from which gasoline and lubricating oil are sold, or from which the servicing and repair of motor vehicles is conducted, unless there is maintained in inventory for sale on the premises at retail not less than $5,000 of food, groceries, and related products valued at cost.
(g) Special temporary license. A special temporary license may be issued only as set forth in KRS 243.260 and 804 KAR 4:250. Such a license may be issued to any regularly organized fair, exposition, racing association, organized civic or community-sponsored event, or charitable event as defined by applicable law. This license shall authorize the licensee to exercise the privileges of a quota retail drink licensee and a non-quota type 4 malt beverage drink licensee at designated premises for a specified and limited time, which shall not exceed 30 days and which shall expire when the qualifying event ends. All restrictions and prohibitions applying to a distilled spirits and wine quota retail drink license or a non-quota retail malt beverage drink license shall apply also to a special temporary licensee as described in this section.
(5) The City ABC Administrator shall transmit fees upon collection to the City Treasurer to be deposited into the appropriate designated account. City licenses shall be issued by the City ABC Administrator upon receipt of notice from the ABC Board Administrator of the formality of appeal or protest permitted upon such license pursuant to the provisions of KRS 243.360, and the fact the ABC Board Administrator has approved the applicant's state application.
(Ord. 05-12-12, passed 12-16-2005; Ord. 09-19-05, passed 5-19-2009; Ord. 13-9-12, passed 12-10-2013; Ord. 16-14-11, passed 11-22-2016)