(A) Advertisement. Prior to the consideration of any application for a license, 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 which sets out the requirements for legal notices. Said advertisement shall state the legal name and address of the applicant. It shall state and identify the owners of the business, 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 official 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. A copy of said advertisement and proof of publication pursuant to KRS 424.170 shall be attached to the application.
(B) Application fee and bond. A nonrefundable application fee of $50 shall be assessed and paid with the filing of the application for a city license. In the event a license is granted, the application fee shall be credited against the initial license fee. The application filed shall also be accompanied by a bond to the city, in the penal sum of $500 executed by the applicant with one or more good and sufficient sureties acceptable to the city, or else a cash bond, conditioned upon the applicant's faithful compliance with and observance of law in respect of the conduct of the proposed business.
(C) Application form.
(1) Applications for the issuance of new licenses and for renewals of existing licenses shall be made in writing on the forms approved and supplied by the City Alcoholic Beverage Control Administrator and the city, as amended from time to time. The application shall be verified and shall include such information concerning the applicant and the premises for which the license is sought as required by all applicable Kentucky Revised Statutes, the State ABC Board and the City of Fulton, including, but not limited to the following information:
(a) Name and address;
(b) License being sought;
(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 Fulton resident, indicate when residence was established;
(f) 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;
(g) Extent of stock or company ownership; and
(h) 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.
(2) Each application shall be accompanied by a certified check, cash or money order for the amount of the license fee, less the $50 application fee.
(3) In addition to the requirements set forth above, the City Commission may elect, at any time, to approve and adopt by municipal order, a questionnaire consisting of additional questions to be answered by the applicant. In the event said questionnaire is adopted and approved, it shall become part of the application process. The City Alcoholic Beverage Control Administrator may also require such other information as the Administrator may in his/her discretion deem desirable, reasonable or appropriate to the consideration of the application.
(D) Additional application conditions. In addition to any other inquiries, conditions or considerations required or permitted by law:
(1) The City ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until the applicant and his place of business has been approved by any local City Building Inspector, Code Enforcement Official, Planning and Zoning Board and any and all other inspections required by the Kentucky Building Code;
(2) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of this information to the City ABC Administrator;
(3) 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; and
(4) No person, whether an applicant for license, or a licensee, shall in any manner attempt to bribe, threaten, unduly influence or intimidate the City ABC 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 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 chapter and applicable statutes allow for such payments in settlement.
(E) Refusal, revocation or suspension.
(1) Before the application for a license under this article is acted upon, the City may review and investigate the application, the character and standing of the applicant and the worth of the sureties on the bond. Any application for a license or a renewal license may be refused, after investigation for any of the reasons set forth in KRS 243.450, KRS 243.390 and KRS 243.500, as well as violation of any city ordinance regarding alcohol beverage licensing, sales or the administration thereof. Additionally, any license may be revoked or suspended by the City ABC Administrator if the licensee shall have violated any of the provisions of KRS Chapters 241—244, or any rule or regulation of the ABC Board or of the Department of Revenue relating to the regulation of the manufacture, sale, and transportation or taxation of alcoholic beverages or if such licensee shall have violated or shall violate any act of Congress or any rule or regulation of any federal board, agency or commission, or this chapter now, therefore, or hereafter in effect relating to the regulation of the manufacture, sale and transportation or taxation of the intoxicating liquors or any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Chapters 241—244 to be created, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his or her instructions, or any such license may be revoked or suspended for any cause which the City ABC Administrator in the exercise of his or her sound discretion deems sufficient.
(2) A license may be revoked for any of the reasons for which the City ABC Administrator would have been required to refuse a license if the facts had been known. In addition to the foregoing stated causes, any license may be revoked or suspended for the following causes:
(a) Conviction of the licensee or his or her agent or employee for selling any illegal beverages on the premises licensed;
(b) Making any false, material statements in an application for a license;
(c) If within a period of two consecutive years, any licensee or any clerk, servant, agent or employee of the licensee shall have been convicted of two violations of the terms and provisions of KRS Chapters 241—244 or any act heretofore or hereafter in effect relating to the regulation of the manufacture, sale and transportation of alcoholic beverages or if within such period, any licensee or any clerk, servant, agent or employee of the license shall have twice been convicted of any felony or of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages, or of one such felony and one such misdemeanor;
(d) Willful and deliberate failure or default of a licensee to pay an excise tax or any part thereof, or any penalties imposed by or under the provisions of any statutes, this chapter or acts of Congress relative to taxation, or for a violation of any rules or regulations of the Department of Revenue made in pursuance thereof; or
(e) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device, machine or contrivance, or gift enterprise, or handbook or facility for betting or transmitting bets on horse races, or permitting to be set up, conducted, operated, kept, or engaged in, on the licensed premises, any such game, device, machine, contrivance, gift enterprise, handbook or facility.
(1977 Code, § 3-17) (Ord. passed 4-3-1933; Ord. 2013-19, passed 11-25-2014)