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Dry Ridge, KY Code of Ordinances
DRY RIDGE, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
CHAPTER 110: GENERAL LICENSING PROVISIONS
CHAPTER 111: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
CHAPTER 112: PAWNBROKERS
CHAPTER 113: INSURANCE COMPANIES
CHAPTER 114: COIN OPERATED AMUSEMENT MACHINES
CHAPTER 115: YARD AND GARAGE SALES
CHAPTER 116: FINANCIAL INSTITUTIONS FRANCHISE AND LOCAL DEPOSIT TAX
CHAPTER 117: OCCUPATIONAL LICENSE FEE ON EMPLOYEES
CHAPTER 118: ALCOHOLIC BEVERAGES
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 118.063  PROCEEDINGS FOR REVOCATION OR SUSPENSION OF LICENSE; NOTICE AND OPPORTUNITY TO CONTEST; APPEAL; EFFECT OF REVOCATION OR SUSPENSION.
   (A)   Upon the verified complaint of any person, or on the initiative of any law enforcement officer or of the Administrator, the Administrator may institute proceedings to revoke or suspend any license granted under this chapter. A license may be revoked or suspended only after the licensee shall have been given written notice, by certified or registered mail, of the proposed revocation, including notice of the reasons for such proposed action. The licensee shall be given opportunity to be heard in opposition to the proposed revocation or suspension. The notice of proposed action shall advise the licensee of the date, time and place of the hearing. Notice shall be sufficient if mailed to the licensee at the address shown in the last application for a license or in the last statement supplemental to or in amendment of the application, whether or not the mailing is receipted for or claimed.
   (B)   The specific procedures to be followed in hearings on actions for revocation or suspension shall be prescribed by the City Council by municipal order. Such order shall be maintained on file in the office of the Administrator and a copy furnished with any notice of proposed revocation or suspension sent to a licensee. If the Council shall fail to adopt such municipal order, the procedures shall be those set out in the Kentucky Administrative Procedure Act (KRS Chapter 13B).
   (C)   A decision of the Administrator revoking or suspending a license may be appealed as provided in KRS 243.550.
   (D)   Within three (3) days after any order of revocation or suspension of a license becomes final, notice of revocation shall be given to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his license to the Administrator. If the revoked or suspended license is not forthwith surrendered by the licensee, the Chief of Police at the request of the Administrator shall immediately cause one of his officers to take physical possession of the license and return it to the Administrator.
   (E)   When a license has been revoked or suspended, the former licensee may, with prior approval of the Administrator, dispose of and transfer his stock of alcoholic beverages to an appropriate entity.
   (F)   Appeal from the decision of the Administrator revoking or suspending a license shall be to the ABC Board. The timely filing of an appeal shall stay further proceedings for revocation.
   (G)   If a license is revoked or suspended by an order of the Administrator, and the decision is not appealed, the licensee shall at once suspend all operations authorized under his license. Upon the entry of a final order of the ABC Board sustaining or ordering revocation or suspension on appeal, the licensee shall at once suspend all operations authorized under this license.
(Ord. 805-2016, passed 3-1-16)
§ 118.064  TRANSFER OR ASSIGNMENT.
   No license issued under this chapter shall be transferred or assigned either as to licensee or location except with prior approval of the Administrator and not then until a payment of one hundred dollars ($100.00) shall be made to the Administrator.
(Ord. 805-2016, passed 3-1-16)
§ 118.065  REFUSAL OF LICENSE; GUIDELINES FOR APPROVAL OF QUOTA LICENSES.
   (A)   The Administrator may refuse to issue or renew a license for any of the following reasons:
      (1)   Causes for refusal to issue or renew a license and for suspension or revocation of a city license shall be the same as provided for state licenses according to KRS 243.450, 243.490 and 243.500, as well as violation of any city ordinance regarding alcohol beverage licensing, sales or the administration thereof.
      (2)   If the applicant has done any act for which a revocation of license would be authorized; or
      (3)   If the applicant has made any false material statement in his application.
   (B)   An applicant who has been refused a license by the Administrator may appeal the refusal to the ABC Board pursuant to KR 241.200.
(Ord. 805-2016, passed 3-1-16)
§ 118.066  REVIEW OF LICENSE; BOOKS, RECORDS AND REPORTS.
   (A)   Applicants to whom a license is issued pursuant to this chapter shall provide periodic information demonstrating compliance with the conditions of any license, such as, but not limited to, the continuing requirement that a minimum percentage of the applicant’s business income is earned from the sale of food. This documentation shall be provided on a schedule to be coordinated with the applicant’s quarterly regulatory fee filings. The city shall provide the form schedule to the licensee. The licensee’s acceptance of a license to manufacture or traffic in alcoholic beverages shall constitute consent to the filing of the quarterly report. In the case of caterer filing, the quarterly report shall identify each catered event by type of event, date and address of the event, and shall provide a per event breakdown of sales and the ratio of food sales to alcohol sales during the reporting period. This requirement for filing of reports notwithstanding, the city may at any time come upon the premises of any licensee and examine the books and records to determine whether the licensee is in compliance with all parts of this chapter. In the event the conditions of any license requirement are not met during any particular quarter, the Administrator shall have discretion in determining whether revocation is appropriate or whether the licensee may be allowed a reasonable period of time to reach compliance. If a good faith effort is demonstrated by the licensee, the Administrator may apply an accounting period of at least one (1) year in determining whether or not the food sale percentage requirement has been met.
   (B)   (1)   Every licensee under this chapter shall keep and maintain upon the licensed premises adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the ABC Board. Such books and records shall be available at all reasonable times for inspection by the Administrator and such city employees who may assist the Administrator in his or her review.
      (2)   For the purpose of assisting the Administrator in enforcement of this chapter, every licensee required to report to the ABC Board under KRS 243.850 shall provide a copy of such report to the Administrator. Copies of any and all reports and correspondences to the ABC Board required by statute shall be furnished to the Administrator.
(Ord. 805-2016, passed 3-1-16)
§ 118.067  DORMANCY.
   (A)   It is necessary that a licensee actually conduct the business authorized by such a license or else the license will be declared dormant and become null and void after ninety (90) days. Such is the intent of this section. Realizing that a licensee, like other business, may have his business interrupted by situations not under his control, various exceptions to the dormancy rule have been included in this section.
   (B)   Any license under which no business is transacted during a period of ninety (90) days shall be deemed inactive and, unless the conditions set forth in division (C) below are proved to the satisfaction of the Administrator, the license shall be surrendered to the Administrator. If the license is not voluntarily surrendered, it shall be revoked by the Administrator.
   (C)   The provisions of division (B) hereof shall not apply to any licensee who is unable to continue in business at the premises for which a license is issued due to construction, an act of God, casualty, death, the acquisition of the premises by any federal, state, city or other governmental agency under power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing lease. Prior to the expiration of ninety (90) days of inactivity, such licensee shall furnish to the Administrator a verified statement setting forth the fact that the licensee is unable to continue in business, for any of the specific reasons set forth herein, and the Administrator may grant an extension of the dormancy with the license continuing to remain in effect during the license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during said period; provided, however, no such license shall be considered valid unless business is conducted there under within twelve (12) months from the date of notice to the Administrator. Such extension may not extend beyond the renewal date but may be for such times as the Administrator deems appropriate in exercise of his sound discretion.
(Ord. 805-2016, passed 3-1-16)
HOURS FOR SALE AND DELIVERY
§ 118.080  DISTILLED SPIRITS, WINE OR MALT BEVERAGES BY THE DRINK, WEEKDAY AND SUNDAY SALES.
   A licensee for distilled spirits, wine or malt beverages by the drink shall be permitted to sell or dispense distilled spirits, wine and/or malt beverages between the hours of 6:00 a.m. until midnight each day of the week, except that such drink sales shall be permitted on Sunday only between the hours of 10:00 a.m. and midnight.
(Ord. 805-2016, passed 3-1-16; Am Ord. 840-2017, passed 11-20-17)
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