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Pursuant to Kentucky Revised Statute 241.160, the office of city alcoholic beverage control administrator is hereby created and assigned to the office of the Chief of Police. The Alcoholic Beverage Control Adniinistrator shall have all the powers and duties as authorized under Kentucky Revised Statute Chapter 241.
(Ord. 2018-11, passed 10-2-18)
(A) For the privilege of causing, permitting, and engaging in the actions, business and transactions regarding alcoholic beverages in the City of Dayton and pursuant to Kentucky Revised Statute 243.070, all of the alcoholic beverage licenses authorized for cities are hereby established and required by the City of Dayton. The business authorized by each license shall be the same as the business authorized by the corresponding state license.
(B) No Person shall by either act or omission, cause, permit, allow, aid, assist, encourage, or engage in any business authorized by such license in the City of Dayton without a valid license to engage in such business.
(C) No license provided for herein shall be issued for the sale of alcoholic beverages at retail in any dwelling house or apartment house, unless the business is conducted on the ground floor facing a thoroughfare.
(Ord. 2018-11, passed 10-2-18) Penalty, see § 111.99
The qualifications and disqualifications of persons and places for a City of Dayton alcoholic beverage license(s) shall be the same as those for the corresponding alcoholic beverage licenses issued by the Commonwealth of Kentucky.
(Ord. 2018-11, passed 10-2-18)
(A) Applications for city of Dayton alcoholic beverage license(s) required by this ordinance shall be on a form provided by the Administrator, which shall include all of the information required in the application for a corresponding alcoholic beverage license issued by the state. In addition, applications shall include any other iriformation required or requested by the Administrator, in the Administrator’s sole discretion. The application shall be signed by the applicant on a line immediately following a declaration that false statements in the application shall constitute the crime and penalty of perjury.
(B) The application shall be submitted to the Administrator along with the fee established in § 111.10 for the alcoholic beverage license that is requested in the application. The fee shall be paid to the city by cash, cashier check or credit card.
(Ord. 2018-11, passed 10-2-18)
The application for an alcoholic beverage license shall be denied for any of reasons authorized for refusing a state license under Kentucky Revised Statute 243.450. In addition, a license may be denied for any non-arbitrary reasons which the Administrator deems sufficient in the exercise of sound discretion.
(Ord. 2018-11, passed 10-2-18)
(A) Any alcoholic beverage license that has been issued by the Administrator may be suspended or revoked by the Administrator for any reason for which the corresponding state license maybe suspended or revoked by the state under KRS 243.490 or KRS 243.500, or any other violation of Kentucky Revised Statute, or for permitting a nuisance to exist upon the premises wherein the business is conducted.
(B) The Administrator may, in its sole discretion, provide the licensee of a suspended license with the alternative of paying in lieu of part or all of the days of any suspension the same sums that may be provided to a state licensee in lieu of the suspension of a corresponding state license in accordance with KRS 243.480.
(Ord. 2018-11, passed 10-2-18)
An application for an alcoholic beverage license and fee shall be paid prior to the Administrator issuing a license. Moreover, all license fees shall be paid in full prior to the date the license fee is renewable as established by the Department of Alcoholic Beverage Control for the expiration of state licenses issued for premises located in the City of Dayton in compliance with KRS 243.090. No license shall be in effect unless all such fees are paid by such date.
(Ord. 2018-11, passed 10-2-18)
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