(A) Under the provisions of state statutes, all administrative regulations promulgated pursuant to the provisions of state statutes, and this chapter, as they may be amended from time to time, a quota system may exist for the number of licenses to sell alcoholic beverages in the city. Therefore, it is necessary that a licensee actually conduct the business, may suffer an interruption of business by situations not under the licensee’s control, various exceptions to this dormancy rule are included in division (B) below.
(B) Any license under which no business is transacted during a period of 90 days shall become null and void. At the expiration of the 90-day period, the license shall be surrendered to the DSABC; except that, any licensee who is unable to continue in business at the licensed premises may apply to the State Alcoholic Beverage Control Department, pursuant to 804 KAR 4:110, as amended from time to time, to continue such license in dormancy. In the event a period of dormancy is applied for or granted by the state, to the licensee, the licensee shall immediately notify the DSABC. Upon resumption of business or transfer or assignment of the license, the licensee shall notify the DSABC and a fee shall be due and payable to the DSABC for the period the licensee was in dormancy in the same amount due had the license remained active for the same period.
(C) Applications approved by the DSABC and based on pending construction or development on the premises shall be null and void after 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 premises involved. Extensions may be granted by the DSABC as it deems appropriate in exercise of sound discretion based on facts and circumstances surrounding each request.
(D) Applications for renewal of licenses and payment of the license fee must be on file with the DSABC at least 15 days, but not more than 45 days, before the expiration of the licenses for the preceding license period, or the license shall be cancelled. However, the licensee may file a written, verified statement at least 15 days prior to the expiration date of the license, setting forth facts justifying an extension. The DSABC may then extend the time for filing an application for renewal of the license for a reasonable length of time within the exercise of his or her sound discretion. The licensee shall pay the license 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.
(Prior Code, § 116.046) (Ord. 2008-01, passed 3-26-2008)