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Subject to the limitations and restrictions described herein, city licenses approved by the Administrator shall be originally issued by the City Clerk or his or her designee and renewed by him or her upon the expiration thereof upon receipt of the following documents and fees more than 30 days prior to the effective date of an original license and more than 15 days prior to the expiration date of any license to be renewed:
(A) A written application therefor with the truth of the information, statements, and representations therein attested by the signature and the oath or affirmation of the applicant. The form and content of such application shall be prescribed by regulation of the City Administrator; however, provision for the following information, statements and representations shall and must be included therein:
(1) All information required by KRS 243.390 to be contained in the application for state licenses. The applicant will be deemed to have complied with this section if a copy of the Kentucky state application is attached to the city application;
(2) A consent by the applicant to the search of the licensed premises by any peace officer at any time for any purpose, the removal therefrom of any evidence of any crime or other violation of any law and the use thereof in any trial or hearing in regard thereto; and
(3) The names and addresses of the applicant and all shareholders, officers, agents, servants, and employees thereof.
(B) The approval of the applicant, the application, and the premises described therein by the City Administrator;
(C) Documentary evidence of a valid state license which corresponds to the city license for which the application is being made; and
(D) The applicable fee for the city license which is the subject of the application.
(Ord. 2013-015, passed 12-9-13) Penalty, see § 114.99
Within 30 days of the date of the application for an original city license and 15 days of the date of an application for renewal of a city license, the City Administrator shall, by mail or personal delivery thereof, notify the applicant, in writing, of either the approval thereof, or the disapproval thereof and a hearing in regard thereto.
(Ord. 2013-015, passed 12-9-13)
As is similarly set forth in KRS 243.450, the City Administrator shall not approve any application for the city license if:
(A) The applicant, the application, or the premises described therein do not fully comply with the provisions of this chapter and all laws in regard to alcoholic beverages;
(B) The applicant and/or any shareholder, officer, agent, servant, or employee thereof has caused, permitted or engaged in any act for which the revocation of a state license or city license is authorized;
(C) The applicant and/or any shareholder, officer, agent, servant or employee thereof had a state license or city license which was revoked within two years of the date of the application, or the premises described therein were the premises or any portion thereof described in a state license or city license revoked during such time;
(D) Any statement or representation in the application is false; or
(E) In the exercise of sound discretion, the City Administrator determines any cause or reason for refusing to approve an application reasonably related to the purpose and objective of this chapter and the state laws and regulations of the State Alcoholic Beverage Control Board. Among those factors that the City Administrator shall consider in the exercise of his or her discretion are: public sentiment in the area; number of licensed outlets in the area; potential for future growth; type of area involved; type of transportation available; and financial potential of the area.
(Ord. 2013-015, passed 12-9-13)
A city licensee shall not assign or transfer any city license to any other person or premises unless that person and/or premises complies with all of the provisions of this chapter; the transfer of the license is approved by the City Administrator; and the transfer of the state license to which the city license corresponds is approved by the state pursuant to KRS 243.630. A transfer fee shall be paid to the city for the transfer of a city license equal to the fees for a new license provided under § 114.20 of this chapter.
(Ord. 2013-015, passed 12-9-13) Penalty, see § 114.99
(A) As prohibited in KRS 243.230, no city license shall be issued to sell malt beverages at retail within or upon any premises from which gasoline and lubricating oil are sold or from which the servicing and repair of motor vehicles is conducted unless there is continuously maintained an inventory on the premises for the sale at retail of not less than $5,000 of food, groceries, and related products valued at cost.
(B) No city license shall be issued to sell distilled spirits or wine at retail by the drink or package from any premises used as or in connection with the operation of any business in which a substantial part of its commercial transactions consist of selling at retail staple groceries, or gasoline or lubricating oil. Unless otherwise established by state statute or regulation, a business shall be deemed to have a substantial part of its commercial transaction from sale of groceries, gasoline or lubricating oil if it maintains an inventory of same aggregating $5,000 or more.
(Ord. 2013-015, passed 12-9-13) Penalty, see § 114.99
SALE OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person to sell any alcoholic beverage between the hours of 12:00 midnight and 8:00 a.m. Provided, however, it shall not be unlawful for a business selling alcoholic beverages to remain open after 12:00 a.m. midnight on New Year’s Eve until not later than 1:00 a.m. on January 1, provided that no alcoholic beverages are sold after 12:00 a.m. midnight.
(Ord. 2013-015, passed 12-9-13; Am. Ord. 2016-001, passed 3-14-16; Am. Ord. 2020-006, passed 10-12-20) Penalty, see § 114.99
(A) At all times during which any person has a valid city license issued pursuant to the provisions hereof, that person shall fully comply with all of the rules, regulations, requirements, and prohibitions set forth in this chapter.
(B) A city licensee shall comply fully with all of the provisions hereof and all of the rules and regulations of the City Administrator in regard thereto; all provisions of the state statutes and the rules and regulations of the State Alcoholic Beverages Control Board in regard to the licensed premises and the actions, business, and transactions conducted thereon subsequent to the issuance of a state license therefore and prior to the expiration, revocation or suspension thereof which are hereby corresponding thereto, the premises described therein, and the licensee shall comply fully therewith.
(Ord. 2013-015, passed 12-9-13) Penalty, see § 114.99
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