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Dawson Springs Overview
Dawson Springs, KY Code of Ordinances
CITY OF DAWSON SPRINGS, KENTUCKY CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 116.056 LICENSE TO BECOME VOID IF BUSINESS DORMANT; LICENSE RENEWAL.
   (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)
§ 116.057 CAUSES FOR REFUSAL TO ISSUE OR RENEW LICENSE AND FOR SUSPENSION OR REVOCATION OF LICENSE.
   (A)   Causes for refusal to issue or renew a city license and for suspension or revocation of a city license shall be the same as provided for state licenses according to KRS 243.450 and 243.500, as well as violation of any city ordinance regarding alcoholic beverage licensing, sales, the administration of licenses or a licensee allowing conduct on the licensed premises which is prohibited by this chapter.
   (B)   No license to sell alcoholic beverages shall be granted or renewed to any person or other entity delinquent in the payment of any taxes or fees due 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 beverages shall be subject to revocation or suspension. The DSABC may, in his or her discretion, approve a license to sell after receiving from the City Clerk/Treasurer, a written statement to the effect that the applicant for the license has paid 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)   No retail package liquor license shall be issued for any premises unless the applicant certifies under oath that 90% of the total projected gross receipts from sale made at the licensed premises during the 12-month period following the issuance of the license shall consist of the projected gross receipts from sales of alcoholic beverages. No retail package liquor shall be renewed for any premises unless 90% of its gross receipts from sales for the immediate past month and the immediate past 12 months have been derived from the sale of alcoholic beverages.
   (D)   Appeals may be taken from decisions of the DSABC to the State Alcoholic Beverage Control Board according to the provisions of KRS 241.200 and 243.550.
(Prior Code, § 116.047) (Ord. 2008-01, passed 3-26-2008)
§ 116.058 LICENSE TYPES.
   Any existing ordinance or codified framework is hereby added so as to be consistent with Senate Bill 13 and any existing provisions in contravention thereof shall heretofore be read in a manner consistent with Senate Bill 13.
(Ord. 2014-01, passed 2-20-2014)
SALE OF ALCOHOLIC BEVERAGES
§ 116.070 LICENSE REQUIRED FOR SALE.
   No person shall sell or dispense at retail, or have in his or her possession for sale, any alcoholic beverages, nor manufacture or transport any alcoholic beverages in the city unless first procuring a license under the provisions of this chapter, all state statutes and all regulations adopted pursuant thereto. This chapter and those statutes and regulations shall be hereinafter singularly and collectively referred to as the Alcoholic Beverage Control Law. The revocation, suspension, non-renewal or other action which obviates the state license shall also operate to invalidate the corresponding city license.
(Prior Code, § 116.060) (Ord. 2008-01, passed 3-26-2008) Penalty, see § 116.999
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