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Dry Ridge, KY Code of Ordinances
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§ 118.025  REFUND OF FEES.
   (A)   Should any licensee under this chapter be prohibited from conducting the licensed business for the full period covered by the license because of any changes that may hereafter be made in the laws of the commonwealth with reference to alcoholic beverages or other cause outside licensee’s control, then the city shall refund to licensee the proportionate part of the license fee for the period during which licensee is prevented from carrying on said business if the licensee provides sufficient proof to the Administrator that such period of inactivity was not the fault of the licensee or the result of a revocation, suspension or other wrongdoing by licensee, or an agent or employee of the licensee.
   (B)   In the event a violation of this chapter occurs that results in the suspension or revocation of the license, the city shall not be required to refund any portion of the license fee.
(Ord. 805-2016, passed 3-1-16)
§ 118.026  REGULATORY LICENSE FEE.
   (A)   Pursuant to KRS 243.075 and KRS 242.185(5), at such time as the City of Dry Ridge meets the requirements to impose a regulatory fee, the city shall impose a regulatory license fee on the sale of alcoholic beverages under each of the licenses issued by the Administrator. The regulatory license fee shall be based on the gross sales on all alcoholic beverages sold by the drink or gross sales of packaged distilled spirits, wine or malt beverages. Thereafter, the City Council shall adopt at the budget adoption for each subsequent fiscal year, such annual rate for the regulatory license fee as shall be reasonably estimated to ensure full reimbursement to the city for the cost of any additional policing, regulatory, or administrative expense related to the sale of alcoholic beverages in the city. Should the city fail to address the regulatory license fee in any budget, then the regulatory license fee shall remain at the level at which it was last fixed until such time as the City Council shall adjust the fee.
   (B)   Payment of such regulatory fee shall be remitted to the Administrator, and shall be held in a separate account maintained for the purpose of fully reimbursing the city for the estimated cost of any additional policing, regulatory or administrative expense related to the sale of alcoholic beverages in the city. The regulatory license fee shall be in addition to any other taxes, fees or licenses permitted by law, except that a credit against a regulatory license fee in the city shall be allowed in an amount equal to any license fee imposed by the city pursuant to KRS 243.070. Payment of the regulatory license fee shall accompany the license fee return approved for such use by the City Council. The return and payment are due no later than by the last business day immediately following each calendar quarter.
   (C)   Failure to pay such quarterly remittance by the due date constitutes a violation and will subject licensee to suspension or revocation.
   (D)   Penalty for failure to file a return and pay quarterly remittance by the due date is five percent (5%) of the tax for each thirty (30) days or fraction thereof. The total late filing penalty shall not exceed twenty-five percent (25%) of the fee; provided, however, that in no case shall the penalty be less than ten dollars ($10.00).
   (E)   Interest at the rate of eight percent (8%) per annum will apply to any late payments.
(Ord. 805-2016, passed 3-1-16)
OFFICE OF THE CITY ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR
§ 118.040  CREATION; POWERS AND DUTIES OF ADMINISTRATOR.
   (A)   Pursuant to KRS 241.160, there is hereby created the office of City Alcoholic Beverage Administrator [“Administrator”].
   (B)   The Mayor shall serve as the Administrator, the Mayor may appoint someone else to fill the position pursuant to KRS 241.170.
   (C)   The Administrator may from time to time appoint such additional personnel as is necessary to assist him or her in the administration of this chapter.
   (D)   The salary for the office of Administrator, if any, together with the salaries of any other personnel assisting the Administrator, shall be fixed from time to time by the City Council.
   (E)   The functions of the Administrator shall be the same with respect to the City licenses and regulations as the functions of the Alcoholic Beverage Control Board of the Commonwealth of Kentucky [“ABC Board”] with respect to state licenses and regulations, except that no amendment to these regulations proposed by the Administrator may be less stringent than the statutes relating to Alcoholic Beverage Control, or than regulations of the ABC Board. No regulation of the Administrator shall become effective until the City Council has first appropriately approved it.
   (F)   No person shall be an Administrator, an Investigator or an employee of the city under the supervision of the Administrator, who would be disqualified to be a member of the ABC Board under KRS 241.100.
   (G)   The Administrator shall have all authority as authorized under Chapters 241 through 244 of the Kentucky Revised Statutes. The Administrator, and the ABC Administrator’s investigators, may inspect any premises where alcoholic beverages are manufactured, sold, stored or otherwise trafficked in, without first obtaining a search warrant.
   (H)   Should the Administrator at any time have reasonable grounds to believe that any applicant, licensee, employee of a licensee, or any stockholder, agent or employee of a licensed corporation, LLC or other business organization, has a criminal record, he shall have the authority to require such person to appear in person at the Dry Ridge Police Department for the purpose of having his or her fingerprints taken.
   (I)   The Administrator before entering upon his or her duties as such, shall take the oath as prescribed in Section 228 of the Constitution and shall execute a bond with a good corporate surety in the penal sum of not less than one thousand dollars ($1,000.00). The Administrator may require any employee under the Administrator’s supervision to execute a similar bond in such penal sum as the Administrator deems necessary.
(Ord. 805-2016, passed 3-1-16)
§ 118.041  APPEALS.
   (A)   Appeals from the orders of the Administrator may be taken to the state ABC Board by filing with the Board within thirty (30) days a certified copy of the orders of the Administrator. The Board shall hear matters at issue as upon an original proceeding. Appeals from orders of the Administrator shall be governed by KRS Chapter 13B.
   (B)   When any decision of the Administrator shall have been appealed, or when a protest has been lodged against an application for any license within the city, and the ABC Board shall have made a decision regarding such appeal or protested application, the Administrator, upon receipt of notice of finality of the decision, shall enter such orders and take such action as required by the final order of the ABC Board. As provided by law, and as used herein, no order of the ABC Board is final until all appeals or appeal times shall have been exhausted. A “final order” of the ABC Board is the order entered by said Board, unless an appeal is taken from the Board’s order, in which case the “final order” is the order entered by the Board upon direction from the reviewing court of last resort in the final order of said reviewing court.
(Ord. 805-2016, passed 3-1-16)
APPLICATION FOR LICENSE; MAINTENANCE OF LICENSE
§ 118.055  ADVERTISEMENT.
   (A)   Before an application for a license shall be considered, the applicant must publish a notice of its intent to apply for an alcoholic beverage license in a newspaper meeting the requirements of KRS Chapter 424.
   (B)   The advertisement shall state the name and address of the applicant. It shall state the members of the partnership if the applicant is a partnership, and membership of the LLC if the applicant is an LLC, as well as the name of the business and its address. If the applicant is a corporation, the advertisement shall state the names and addresses of the principal officers and directors of the corporation, as well as the name and address of the corporation itself. All advertisements shall state the location of the premises for which the license is sought, and the type of license for which application is made.
   (C)   The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the publication as provided in KRS 424.170.
(Ord. 805-2016, passed 3-1-16)
§ 118.056  APPLICATION.
   (A)   A nonrefundable application fee of $50.00 shall be paid with the filing of the application for a city license. If the license is granted, the application fee shall be credited against the initial license fee.
   (B)   All licenses granted under this chapter shall be approved by the 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 ABC Board and the city, as amended and supplemented from time to time.
   (C)   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 ABC Board 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 Kentucky. If Dry Ridge resident indicate when residence was established;
      (6)   Whether or not he or she has any interest in any other license or LLC, corporation, partnership or other business organization holding a license under this chapter;
      (7)   Extent of stock or company ownership;
      (8)   Whether or not he or she has any interest in any license or LLC, corporation, partnership or other business organization holding a license in any other state or province.
   (D)   Each application shall be accompanied by a certified check, cash or a postal or express money order for the amount of the license fee, less the $50.00 application fee. License fees may be paid by credit/ debit card if the application is delivered in person.
   (E)   In addition to the above specified information, the applicant shall file with the application responses to any additional questions as may be posed or prescribed by the Administrator. The City Council has adopted a statement of guidelines and priorities for the issuance of licenses and, in order to determine the extent to which applications may further or impede the objectives of those guidelines, the Council may, by municipal order, adopt a questionnaire to be submitted to applicants for licenses. Upon adoption of the questionnaire, it shall become a part of the application process. The initial questionnaire adopted by the City Council is a part of this chapter and incorporated herein as Exhibit A. The questionnaire may be altered, expanded, supplemented or replaced by municipal order of the Council hereafter. In addition to the information contained in the application and any city ordered questionnaire, the Administrator may require such other information as the Administrator may in his/her discretion deem desirable, reasonable or appropriate to the consideration of the application.
(Ord. 805-2016, passed 3-1-16)
§ 118.057  OTHER CONDITIONS.
   In addition to any other inquiries, conditions or considerations required or permitted by law.
   (A)   The Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until the applicant and his place of business shall have been approved by the City Building Inspector, and any and all other inspections required by the Kentucky Building Code, the local Zoning Administrator or fire department;
   (B)   All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of this information to the Administrator; and
   (C)   No license to sell alcoholic or malt beverages shall be granted or renewed to any person who is 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. Further, 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 or malt beverages shall be subject to revocation or suspension.
   (D)   No person, whether an applicant for license, or a licensee, shall in any manner attempt to bribe, threaten, unduly influence or intimidate the Administrator, or any member of his or her staff, or any state ABC administrator or staff, in any matter in which an application or proposed application for license, or procedure for revocation or suspension is pending before such officer. This paragraph is not intended to stifle expressions of opinion; however, it is intended to make clear that the ABC Administrators are public officials charged with the administration and enforcement of the law, both local and state. Any person applying for a license, or contesting the revocation or suspension of a license, who engages in attempted bribes, threats, attempted undue influence or intimidation of a city or state ABC Administrator or staff shall be disqualified from receiving or retaining a license, in addition to other penalties as provided by law. The procedures for appeals shall apply to disqualifications, revocations or suspensions under this section. This section shall not be interpreted to prohibit monetary settlements in lieu of revocation or suspension of license after a final order or revocation or suspension, where the ordinance and applicable statutes allow for such payments in settlement.
(Ord. 805-2016, passed 3-1-16)
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