(A) Requirements. All city licenses shall be in such form as may be prescribed by the City Commission and shall contain:
(1) The name and address of the licensee;
(2) The number of the license;
(3) The type of license;
(4) A description by street and number, or otherwise, of the licensed premises;
(5) The name and address of the owner of the building in which the licensed premises are located;
(6) The expiration date of the license; and
(7) 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.
(B) License information change. If there is a change in any fact required to be set forth in the application, subsequent the issuance of a license or license renewal, a verified amendment in writing giving notice of the change shall be filed with the City ABC Administrator within ten days of the change. Since a number of licenses issued by the city are in the name of corporations or other business organization, it is necessary that ownership changes in such organizations be reported to the City ABC Administrator. The City ABC 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, directors or officers of the corporation, or change in ownership or stock whereby any person secures 10% of the outstanding ownership or stock. Transfer of more than 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 resident of Kentucky. If a 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.
(3) This information shall be filed with the City ABC Administrator as a verified amendment of the application pursuant to which the license was granted. Filing shall be made within ten days of any change of required information.
(C) Renewal of license. Every year, except in the case of temporary licenses, each licensee shall renew its license. All renewal licenses must be on file with the City ABC Administrator no less than 30 days prior to the expiration of the license for the preceding license period or the same shall be canceled, except where the licensee is unable to continue in business at the same premises licensed during the preceding license period as a result of construction, act of God, casualty, death, the acquisition of the premises by any federal, state, city or other governmental agency or private organization possessing power of eminent domain, whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew exiting lease, provided that said licensee shall file a written verified statement no less than 20 days from the expiration date of the license, setting forth these facts, and the City ABC Administrator is hereby authorized to extend the time for filing of a renewal of such license for a reasonable length of time within the sound discretion of the City ABC Administrator, provided, however, such licensee shall pay a license fee from the expiration date of the former license or licenses. Said license fee shall not be payable until application is made for the transfer of said license to a new location. The renewal by the City ABC Administrator of the license shall not be construed to be a waiver or acceptance of any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the licensee.
(D) Guidelines for approval of quota licenses.
(1) In the case of quota licenses, before approving an application, the City ABC Administrator is hereby directed to consider, in addition to the factors set out in KRS 243.450, KRS 243.490 and KRS 243.500, and any other factors the Administrator determines in his or her discretion to be reasonable and pertinent to the license application, the following criteria:
(a) Ownership. The city places great value on business owners who are invested in the Fulton community.
(b) Economic impact. The city desires businesses which make the most positive impact on the community, in number of jobs, payroll, property investment and revenues to the city.
(c) Site of business. The city is interested in serving all geographic areas of the city. Therefore, the city does not wish to cluster all licensed ABC outlets in one area.
(d) Aesthetics. The city is committed to protecting the character and beauty of our community.
(e) Revitalization of downtown. The city wholeheartedly supports the revitalization of downtown and the revitalization and reuse of existing buildings.
(f) Capital. The city values businesses that demonstrate their ability to financially support and sustain their viability.
(g) Public support of licensed business in the area. The city intends that public sentiment and safety be considered in deciding upon the approval of retail liquor sales licenses in any area of the city.
(2) An applicant who has been refused a license by the City ABC Administrator may appeal the refusal to the ABC Board pursuant to KRS 241.200.
(E) Lost, destroyed or misplaced license. When a license shall be lost, destroyed or misplaced without fault on the part of the licensee or his or her agent or employee, a duplicate in lieu of the original license shall be issued by the City ABC Administrator after the Administrator shall have been satisfied as to the facts, provided, however, that the applicant for said duplicate license shall pay a fee of $10 for the duplicate license.
(F) Display. Upon issuance of any license, the licensee shall, at all times, keep said license posted in a conspicuous place at the office or place of business mentioned in the license.
(1977 Code, § 3-21) (Ord. passed 4-3-1933; Ord. 2013-19, passed 11-25-2014)