In addition to any other inquiries, conditions or considerations required or permitted by law:
(A) The city’s ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until the applicant and his or her place of business shall have been approved by a licensed building inspector, the state’s Fire Marshal or the city’s Fire Chief and any and all other inspections required by the Kentucky Building Code or other applicable law including regulations of Land of Lincoln Planning and Zoning Commission. The City Council shall be the final authority for any zoning changes, conditional use permits or variances zoning regulations for any property use for the sale of alcoholic beverages;
(B) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of this information to the city’s ABC Administrator; and
(C) No license to sell alcoholic or malt beverages may be granted or renewed to any person who is delinquent in the payment of any property taxes, both real and personal, any other taxes due to the city, fees of any type, or charges due to any department or division of the city at the time of issuing the license, nor may any license be granted or renewed to sell upon any premises or property, owned and or occupied by the licensee upon which there are any of the above delinquent payments due and owing to the city. Further, if a licensee becomes delinquent in the payment of any of the above at any time during the license period, the license to sell alcoholic or malt beverages may be subject to revocation or suspension; and
(D) No person, whether applicant for license, or a licensee, shall in any manner attempt to bribe, threaten, unduly influence or intimidate the city’s ABC Administrator, or any member of the city’s 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 division (D) 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 chapter. Nothing in this chapter shall 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.
(Ord. 2018-04, passed 5-29-2018)