(A) In addition to any other inquiries, conditions or considerations required or permitted by law:
(1) Each location from which each applicant seeks to manufacture, traffick, or sell alcoholic beverages shall comply with applicable zoning laws, regulations and restrictions;
(2) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of such information to the Administrator; and
(3) No license to sell alcoholic 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 or 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 beverages shall be subject to revocation or suspension.
(B) No person, whether an applicant for a 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 section 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 any license after a final order or revocation or suspension, where the ordinance and applicable statutes allow for such payments in settlement.
(C) No person shall become a licensee under KRS 243.020 to 243.670 or this chapter, if he or she:
(1) Has been convicted of any felony until five (5) years, have passed from the date of conviction, release from custody or incarceration, parole, or termination of probation, whichever is later;
(2) Has been convicted of any misdemeanor described under KRS 218A.050, 218A.060, 218A.070, 218A.080, 218A.090, 218A.100, 218A.110, 218A.120, or 218A.130 within two (2) years immediately preceding the application;
(3) Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages within two (2) years immediately preceding the application;
(4) Is under the age of twenty-one (21) years;
(5) Has had any license issued which relates to the manufacture, distribution, sale or transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute or regulation relating to the manufacture, distribution, sale or transportation of alcoholic beverages, until the expiration of two (2) years from the date of the revocation or conviction; or
(6) Is not a citizen of the United States and has not had an actual, bona fide residence in this state for at least one (1) year before the date on which his or her application for a license is made. This division shall not apply to applicants for manufacturers’ licenses, to applicants that are corporations authorized to do business in this state, or to persons licensed on March 7, 1938.
(D) A partnership, limited partnership, limited liability company, or corporation shall not be licensed if:
(1) Any stockholder of a private corporation, stockholder of a public corporation holding ten percent (10%) or more of issued stock, partner, limited partner or member or any director, principal officer, or manager of the same that does not qualify under division (C) of this section; or
(2) It has had any license relating to the manufacture, sale, or transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute relating to the manufacture, sale, or transportation of alcoholic beverages, until the expiration of two (2) years from the date of the revocation or conviction; or
(3) If any member of the partnership or any director, manager, or principal officer of the corporation has had any license issued under any statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any such statute, until the expiration of the later of two (2) years from the date of the revocation or two (2) years from the date of conviction.
(Ord. 05-2016, passed 10-17-16)
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Editor’s note:
KRS 218A.050 - 218A.130 repealed 2017 Ky. Acts ch. 61, sec. 7, effective June 29, 2017.