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(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
(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)
(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)
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)
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 license;
(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;
(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.
(Ord. 805-2016, passed 3-1-16)
(A) If after a license to individuals or to a sole proprietor has been issued, there is a change in any fact required to be set forth in the application, a verified amendment in writing giving notice of the change shall be filed with the Administrator within ten (10) days of the change.
(B) Since a number of licenses issued by the city are in the name of corporations or other business organizations, it is necessary that ownership changes in such organizations be reported to the Administrator. The Administrator can, therefore, investigate the person to whom the ownership or management is transferred in order to ascertain whether that person is precluded by statute from holding an interest in an alcoholic beverage license.
(1) As used with regard to a partnership, corporation, LLC or other business organization herein, the word “change” is construed to include any change in managers, partners or LLC members, directors or officers of the corporation, or change in ownership or stock whereby any person secures ten percent (10%) of the outstanding ownership or stock. Transfer of more than ten percent (10%) of the total ownership or stock shall require a new license.
(2) The following information will be required concerning any new manager, partner or LLC member, new director, officer, or person securing any interest in alcoholic beverage license:
(a) Name and address;
(b) Nature of interest;
(c) Whether or not a citizen of the United States;
(d) Date of birth;
(e) Date residence was established in Kentucky, if a resident of Kentucky. If a Dry Ridge, resident indicate when residence was established;
(f) Whether or not he or she has any interest in any other license or in any LLC, corporation, partnership or other business organization holding a license under this act;
(g) Extent of stock or company ownership;
(h) Whether or not he or she has any interest in any license or in any LLC, corporation, partnership or other business organization holding a license in any other state or province.
(3) This information shall be filed with the Administrator as a verified amendment of the application pursuant to which the license was granted. Filing shall be made within ten (10) days of any change of required information.
(Ord. 805-2016, passed 3-1-16)
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