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(A) Every year, except in the case of temporary licenses, each licensee shall renew its license. All renewal licenses must be on file with the Local 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 or threatened 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 existing 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 Local 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 Local 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.
(B) The renewal by the Local 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.
(Ord. passed 2-2-2021)
When a license shall be lost or destroyed 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 Local 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.
(Ord. passed 2-2-2021)
(A) Any license may be revoked or suspended by the Local ABC Administrator per KRS 243.490 if the licensee shall have violated: any of the provisions of KRS Chs. 241 through 244; or administrative regulation of the ABC Board relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages; or of the Department of Revenue relating to the 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 Jessamine County Fiscal Court, or this chapter now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors or any rules or regulations of the county heretofore in existence or authorized by the terms of KRS Chs. 241 through 244 to be created, when an agent, servant, or employee of the licensee committed the violation, 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 Local ABC Administrator in the exercise of his or her sound discretion deems sufficient.
(B) A license may be revoked for any of the reasons for which the Local ABC Administrator would have been required to refuse a license if the facts had been known.
(C) Any license may be revoked or suspended for the following causes:
(1) Conviction of the licensee or the licensee's agent, servant, or employee for selling any illegal alcoholic beverages on the licensed premises;
(2) Making any false, material statements in an application or renewal application for a license or supplemental license;
(3) Conviction of the licensee or any of the licensee's agents, servants, or employees of:
(a) Two violations of the terms and provisions of KRS Chs. 241 to 244, or any act regulating the manufacture, sale, and transportation of alcoholic beverages within two consecutive years;
(b) Two misdemeanors directly or indirectly attributable to the use of alcoholic beverages within two consecutive years; or
(c) Any felony;
(4) Failure or default of a licensee to pay an excise tax or any part of the tax or any penalties imposed by or under the provisions of any statutes, ordinances, or Acts of Congress relative to taxation, or for a violation of any related administrative regulations promulgated by the Department of Revenue;
(5) Revocation of any license or permit provided in KRS 243.060, 243.070, 243.600, and 243.610, or granted under any Act of Congress relative to the regulation of the manufacture, sale, and transportation of alcoholic beverages;
(6) Setting up, conducting, operating, or keeping, on the licensed premises, any gambling game, device, machine, contrivance, lottery, gift enterprise, 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 gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility. This division shall not apply to:
(a) The sale of lottery tickets sold under the provisions of KRS Ch. 154A;
(b) The operation of a pari-mutuel system for betting, where authorized by law;
(c) The conduct of charitable gaming by a charitable organization licensed or permitted under KRS Ch. 238; or
(d) Special temporary raffles of alcoholic beverages under KRS 243.036;
(7) Conviction of the licensee, the licensee's agents, servants, or employees for:
(a) The trafficking or possession upon the licensed premises of controlled or illegal substances described In KRS Ch. 218A, including synthetic drugs;
(b) Knowingly permitting the trafficking or possession by patrons upon the licensed premises of controlled or illegal substances described in KRS Ch. 218A, including synthetic drugs; or
(c) Knowingly receiving stolen property upon the licensed premises.
(8) Failure to comply with the terms of a final order of the Board.
(Ord. passed 2-2-2021)
(A) Upon the verified complaint of any person, or on the initiative of any law enforcement officer or of the Local ABC Administrator, the Local ABC Administrator may institute proceedings to revoke or suspend any license granted under this chapter. A license may be revoked or suspended only after the licensee shall have been given written notice, by certified or registered mail, of the proposed revocation, including notice of the reasons for such proposed action. The licensee shall be given opportunity to be heard in opposition to the proposed revocation or suspension. The notice of proposed action shall advise the licensee of the date, time and place of the hearing. Notice shall be sufficient if mailed to the licensee at the address shown in the last application for a license or in the last statement supplemental to or in amendment of the application, whether or not the mailing is receipted for or claimed.
(B) The specific procedures to be followed in hearings on actions for revocation or suspension shall be prescribed by the Fiscal Court of Jessamine County by local order. Such order shall be maintained on file in the office of the Local ABC Administrator and a copy furnished with any notice of proposed revocation or suspension sent to a licensee. If the Jessamine County Fiscal Court shall fail to adopt such municipal order, the procedures shall be those set out in the Kentucky Administrative Procedure Act (KRS Ch. 13B).
(C) A decision of the Local ABC Administrator revoking or suspending a license may be appealed as provided in KRS 243.550.
(D) Within three days after any order of revocation or suspension of a license becomes final, notice of revocation shall be given to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his or her license to the Local ABC Administrator. If the revoked or suspended license is not forthwith surrendered by the licensee, the Sheriff, at the request of the Local ABC Administrator, shall immediately cause one of his or her officers to take physical possession of the license and return it to the Local ABC Administrator.
(E) When a license has been revoked or suspended, the former licensee may, with prior approval of the Local ABC Administrator, dispose of and transfer his or her stock of alcoholic beverages to an appropriate entity.
(F) Appeal from the decision of the Local ABC Administrator revoking or suspending a license shall be to the ABC Board. The timely filing of an appeal shall stay further proceedings for revocation.
(G) If a license is revoked or suspended by an order of the Local ABC Administrator, and the decision is not appealed, the licensee shall at once suspend all operations authorized under his or her license. Upon the entry of a final order of the ABC Board sustaining or ordering revocation or suspension on appeal, the licensee shall at once suspend all operations authorized under this license.
(Ord. passed 2-2-2021)
No license issued under this chapter shall be transferred or assigned either to licensee or location except with prior approval of the Local ABC Administrator and not then until a payment of $100 shall be made to the Jessamine County Fiscal Court.
(Ord. passed 2-2-2021)
(A) The Local ABC Administrator may refuse to issue or renew a license for any of the following reasons:
(1) Causes for refusal to issue or renew a license and for suspension or revocation of a county license shall be the same as provided for state licenses according to KRS 243.450, 243.490 and 243.500, as well as violation of any county ordinance regarding alcohol beverage licensing, sales or the administration thereof;
(2) If the applicant has done any act for which a revocation of license would be authorized; or
(3) If the applicant has made any false material statement in his or her application.
(B) In the case of quota licenses, before approving an application, the Local ABC Administrator is hereby directed to consider, in addition to the factors set out in KRS 243.450, 243.490 and 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:
(1) Ownership. Jessamine County places great value on business owners who are invested in the community.
(2) Economic impact. Jessamine County desires businesses which make the most positive impact on the community, in number of jobs, payroll, property investment and revenues to the community.
(3) Site of business. Jessamine County is interested in serving all geographic areas of the county. Therefore, the county does not wish to cluster all licensed ABC outlets in one area.
(4) Aesthetics. Jessamine County is committed to protecting the character and beauty of our community.
(5) Capital. Jessamine County values businesses that demonstrate their ability to financially support and sustain their viability.
(6) Public support of licensed business in the area. Jessamine County intends that public sentiment and safety be considered in deciding upon the approval of retail liquor sales licenses in any area of the county.
(C) An applicant who has been refused a license by the Local ABC Administrator may appeal the refusal to the ABC Board pursuant to KRS 241.200.
(Ord. passed 2-2-2021)
(A) Applicants to whom a license is issued pursuant to this chapter shall provide periodic information demonstrating compliance with the conditions of any license, such as, but not limited to, the continuing requirement that a minimum percentage of the applicant's business income is earned from the sale of food. This documentation shall be provided on a schedule to be coordinated with the applicant's quarterly regulatory fee filings. The Local ABC Administrator shall provide the form schedule to the licensee. The licensee's acceptance of a license to manufacture or traffic in alcoholic beverages shall constitute consent to the filing of the quarterly report. In the case of caterer filing, the quarterly report shall identify each catered event by type of event, date and address of the event, and shall provide a per event breakdown of sales and the ratio of food sales to alcohol sales during the reporting period. This requirement for filing of reports notwithstanding, the Local ABC Administrator may at any time come upon the premises of any licensee and examine the books, audio and visual recordings, and records to determine whether the licensee is in compliance with all parts of this chapter. In the event the conditions of any license requirement are not met during any particular quarter, the Local ABC Administrator shall have discretion in determining whether revocation is appropriate or whether the licensee may be allowed a reasonable period of time to reach compliance. If a good faith effort is demonstrated by the licensee, the Local ABC Administrator may apply an accounting period of at least one year in determining whether or not the food sale percentage requirement has been met.
(B) Every licensee under this chapter shall keep and maintain upon the licensed premises adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the ABC Board. Such books and records shall be available at all reasonable times for inspection by the Local ABC Administrator and such employees who may assist the Local ABC Administrator in his or her review.
(C) For the purpose of assisting the Local ABC Administrator in enforcement of this chapter, every licensee required to report to the ABC Board under KRS 243.850 shall provide a copy of such report to the Local ABC Administrator. Copies of any and all reports and correspondences to the ABC Board required by statute shall be furnished to the Local ABC Administrator.
(Ord. passed 2-2-2021)
(A) It is necessary that a licensee actually conduct the business authorized by such a license or else the license will be declared dormant and become null and void after 90 days. Such is the intent of this section. Realizing that a licensee, like other business, may have his or her business interrupted by situations not under his or her control, various exceptions to the dormancy rule have been included in this section.
(B) Any license under which no business is transacted during a period of 90 days shall be deemed inactive and, unless the conditions set forth in division (C) below are proved to the satisfaction of the Local ABC Administrator, the license shall be surrendered to the Local ABC Administrator. If the license is not voluntarily surrendered, it shall be revoked by the Local ABC Administrator.
(C) The provisions of division (B) hereof shall not apply to any licensee who is unable to continue in business at the premises for which a license is issued due to construction, an act of God, casualty, death, the acquisition of the premises by any federal, state, city or other governmental agency under power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing lease. Prior to the expiration of 90 days of inactivity, such licensee shall furnish to the Local ABC Administrator a verified statement setting forth the fact that the licensee is unable to continue in business, for any of the specific reasons set forth herein, and the Local ABC Administrator may grant an extension of the dormancy with the license continuing to remain in effect during the license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during said period; provided, however, no such license shall be considered valid unless business is conducted there under within 12 months from the date of notice to the Local ABC Administrator. Such extension may not extend beyond the renewal date but may be for such times as the Local ABC Administrator deems appropriate in exercise of his or her sound discretion.
(Ord. passed 2-2-2021)
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