(A) Notice of intention to apply for license.
(1) All persons, except an applicant for the same license for the same premises, or an applicant for supplemental bar license, extended hours supplemental license, a special agent or solicitor's license, a special non-beverage alcohol license, a transporter's license, a special Sunday drink license, a hotel in-room license, a sampling license, or a special temporary drink license shall, before applying for a license, advertise by publication their intention to apply for a license in the City of Hazard local newspaper for legal notices under KRS 424.120.
(2) The notice shall contain the following information:
(a) The notice shall state: the name and address of the applicant and the name and address of each principal owner, partner, member, officer, and director if the applicant is a partnership, limited partnership, limited liability company, corporation, governmental agency, or other business entity recognized by law;
(b) The notice shall specifically state the location of the premises for which the license is sought, the type of business, and the type of license being requested; and
(c) The notice shall state the date the application will be filed and shall contain the following statement: "Any person, association, corporation, or body politic may protest the approval of the license by writing the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, within 30 days of the date of legal publication."
(3) Any license for which public notice under KRS 243.360 is required may conditionally be issued in less than 30 days from the date the application is received if the premises has previously operated under the same type of license within the last 12 months.
(B) Subject to the limitations and restrictions described herein, city licenses shall be originally issued by the City ABC Administrator or other authorized city official and renewed by City ABC Administrator or other authorized city official upon the expiration thereof, upon receipt of the following documents and fees, as authorized in this chapter applicable to the specific license the applicant is seeking, by the City ABC Administrator or other authorized city official, 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:
(1) 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 the application shall be prescribed by the City Administrator; however, provision for the following information, statements, and representations shall and must be included therein:
(a) The name, age, Social Security number, address, residence, and citizenship of each applicant;
(b) If the applicant is a partner, the name, age, Social Security number, address, residence, and citizenship of each partner and the name and address of the partnership;
(c) The name, age, Social Security number, address, residence, and citizenship of each individual or partner interested in the business for which the license is sought, together with the nature of that interest, and, if the applicant is a corporation, limited partnership company, limited liability company, or other business entity recognized by law, the name, age, Social Security number, and address of each principal owner, member, officer, and director of the applicant. The department may require the names of all owners and the ownership percentage held by each;
(d) The premises to be licensed, stating the street and number, if the premises has a street number, and a description that will reasonably indicate the location of the premises. If the applicant is not the owner of the premises, a copy of the written agreement allowing the applicant to occupy the premises must be attached to the application. No license shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written agreement or a permit for a term of not less than the license period;
(e) 1. A statement that neither the applicant nor any other person referred to in this section has been convicted of:
a. Any misdemeanor directly or indirectly attributable to alcoholic beverages;
b. Any violation involving a controlled substance that is described in or classified pursuant to KRS Chapter 218A within the two years immediately preceding the application;
c. Any felony, within five years from the later of the date of parole or the date of conviction; or
d. Providing false information to the department preceding the application; and
2. A statement that the applicant or any other person referred to in this section has not had any license that has been issued under any alcoholic beverage statute revoked for cause within two years prior to the date of the application;
(f) A statement that the applicant will in good faith abide by every state and local statute, regulation, and ordinance relating to the manufacture, sale, use of, and trafficking in alcoholic beverages; and
(g) Any other information necessary for the department and the City of Hazard to administer KRS Chapters 241 to 244 such as;
1. All information required to be contained in the application for state licenses.
2. An irrevocable consent by the applicant to the search of the licensed premises by any peace officer, including the City police, building inspector and fire inspector 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.
3. Photographs, and fingerprints of the applicant and all shareholders, officers, agents, servants, and employees thereof.
4. The applicable fee, paid in cash or by certified or cashier's check, for the city license which is the subject of the application. The fee must be paid by the applicant, the fee cannot be paid by a third party.
(C) If, after a license has been issued, there is a change in any of the facts required to be set forth in the application, a verified supplemental statement in writing giving notice of the change shall be filed with the department within ten days after the change.
(D) In giving any notice or taking any action in reference to a license, the department and city may rely upon the information furnished in the application or in the supplemental statement connected with the application. This information, as against the licensee or applicant, shall be conclusively presumed to be correct. The information required to be furnished in the application or supplemental statement shall be deemed material in any prosecution for perjury.
(Am. Ord. 2013-07, passed 6-20-13; Am. Ord. 2017-05, passed 12-19-16; Am. Ord. 2018-02, passed 12-19-17)