(A) (1) Before an application shall be considered, the applicant must publish a notice of its intent to apply for an alcohol beverage license in a newspaper meeting the requirements, of KRS Chapter 424.
(a) The advertisement shall state the name and addresses of the individual applicant, or members of a partnership or limited liability company if the applicant is either, as well as the name of the business and its address, or if the applicant is a corporation, the names and addresses of the principal office and directors of the corporation, as well as the name and addresses of the corporation itself, the location of the premises for which the license is sought, and the type of license for which application is made.
(b) The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the publication as provided in KRS 424.170, along with a non-refundable application fee of $50.
(2) All licenses granted under this subchapter shall be approved by the City ABC Administrator. Applications for the issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by the Kentucky Department of ABC and the city, as amended and supplemented from time to time.
(3) (a) The application shall be verified and shall set forth in detail such information concerning the applicant and the premises for which the license is sought as required by the Kentucky Revised Statutes, the Kentucky Department of ABC and the city, including as follows:
1. Name and address;
2. Nature of interest;
3. Whether or not a citizen of the United States;
4. Date of birth;
5. Date residence was established in Kentucky, if a resident of the state. If a city resident, indicate when residence was established;
6. Whether or not he or she has any interest in any other license or corporation or partnership holding a license under this subchapter;
7. Extent of stock ownership; and
8. Whether or not he or she has any interest in any license or corporation or partnership holding a license in any other state or province.
(b) Each application shall be accompanied by a certified or cashier's check, or a postal or express money order for all fees.
(4) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of this information to the City ABC Administrator or assistant ABC Administrator(s).
(5) All city license applications shall be on the form prescribed by the Kentucky Department of Alcoholic Beverage Control and shall contain:
(a) The name and address of the licensee;
(b) The number of the license;
(c) The type of licenses;
(d) A description by street and number, or otherwise, of the licensed premises;
(e) The name and address of the owner of the building in which the licensed premises are located;
(f) The expiration date of the license; and
(g) 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.
(6) All licenses, except temporary licenses, approved by the City ABC Administrator or assistant ABC Administrator(s) and issued by the city shall begin and end on the dates specified by the Department of Alcoholic Beverage Control for the city. Any licenses issued after the beginning date of any year shall be assessed a fee which is based on the pro rata portion of the remainder of the license period. However, the cost of any license shall not be less than that for a period of six months.
(7) The renewal by the City ABC Administrator or assistant ABC Administrator(s) 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. The renewal application shall be accompanied by a renewal application fee of $50.
(8) In the event a violation of this subchapter occurs that requires the revocation of the license, the city shall not be required to refund any portion of the license fee.
(B) (1) There hereby is imposed upon each holder of a license to manufacture and/or traffic in alcoholic beverages, under any provision of KRS Chapters 241 through 244, a license fee for the privilege of manufacturing and/or trafficking in alcoholic beverages within the city as follows:
(a) Distilled spirit license as set forth in KRS 243.030:
1. Distiller’s license, per annum $ 500.00
2. Rectifier’s license:
a. Class A, per annum $3,000.00
b. Class B (craft rectifier), per annum $ 960.00
3. Wholesaler’s distilled spirits & wine license, per annum $3,000.00
4. Quota Retail package license, per annum $1,000.00
(b) Special temporary license, per event $ 166.66
(c) Non-quota type 1 retail drink license (includes distilled spirits,
wine, and malt beverages), per annum $2,000.00
(d) Non-quota type 2 retail drink license (includes distilled spirits,
wine, and malt beverages), per annum $1,000.00
(e) Non-quota type 3 retail drink license (includes distilled spirits,
wine, and malt beverages), per annum $ 300.00
(f) Special temporary alcoholic beverage auction license,
per event $ 100.00
(g) Special Sunday retail drink license, per annum $ 300.00
(h) Extended hours supplemental license, per annum $2,000.00
(i) Caterer’s license, per annum $ 800.00
(j) Bottling house or bottling house storage license, per annum $1,000.00
(k) Malt beverage licenses as follows:
1. Brewer’s license, per annum $ 500.00
2. Microbrewery license, per annum $ 500.00
3. Malt beverage distributor’s license, per annum $ 400.00
4. Non-quota retail malt beverage package license, per annum $ 200.00
5. Non-quota type 4 retail malt beverage drink license per annum $ 200.00
(l) Limited restaurant license (includes distilled spirits, wine
and malt beverages), per annum $1,200.00
(m) Limited golf course license (includes distilled spirits, wine
and malt beverages), per annum $1,200.00
(n) The fee for each of the first five supplemental bar licenses shall be the same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises.
(o) Qualified historic site license (includes distilled spirits, wine
and malt beverages), per annum $1,030.00
(p) The holder of a non-quota retail malt beverage package license may obtain a Non-quota type 4 malt beverage drink license for a fee of $50. The holder of a Non-quota type 4 malt beverage drink license may obtain a non-quota retail malt beverage package license for a fee of $50.
(2) The City ABC Administrator or assistant ABC Administrator shall deposit into the appropriate designated account upon collection of fees. City licenses shall be issued by the City ABC Administrator or Assistant ABC Administrator upon receipt of notice from the ABC Board Administrator of the finality of appeal or protest permitted upon such license pursuant to the provisions of KRS 243.360, and the fact the ABC Board Administrator has approved the applicant's state application.
(3) Certain special licenses defined: (Please note: The following is an updated/amended explanation and description of license types consistent with amendments made to KRS 243.070, which took effect June 25, 2013, and became enforceable thereafter via timetables set by the state ABC Administrative Office.)
(a) Limited restaurant license. A limited restaurant license may be issued pursuant to KRS Chapter 243, if said restaurant meets the definition of a LIMITED RESTAURANT as set forth in KRS 241.010(36). It is a facility where the usual and customary business is the serving of meals to consumers, which has a bona fide kitchen facility, which receives at least 70% of its gross income from the sale of food, and which maintains seating capacity of either 100 or 50 persons for dining. If the limited restaurant only maintains seating capacity for 50 persons, it shall not have an open bar and all alcoholic beverages shall be sold in conjunction with the sale of a meal. Distilled spirits, wine, and malt beverages shall be deemed to be purchased in conjunction with a meal if the distilled spirits, wine, and malt beverages are served after the meal is ordered.
(b) Limited golf course license. A limited golf course license may be issued pursuant to KRS Chapter 243 if an establishment meets the following conditions: a golf course with nine, or 18, holes that meets United States Golf Association criteria as a regulation golf course. A limited golf course license shall authorize the license to purchase, receive, possess, and sell distilled spirits, wine, and malt beverages at retail by the drink for consumption on the licensed premise.
(c) Non-quota type 1 retail drink license. A non-quota retail drink license may be issued to the following pursuant to and defined by KRS: a convention center or a convention hotel complex; a horse racetrack; an automobile racetrack; a railroad system; a commercial airlines system or charter flight system.
(d) Non-quota type 2 retail drink license. A non-quota retail drink license may be issued pursuant to and as defined in KRS for the following: a hotel that contains at least 50 sleeping units, and receives from its total food and beverage sales at least 50% of its gross receipts from the sale of food; a restaurant that receives from its total food and beverage sales at least 50% of its gross receipts from the sale of food; an airport; a riverboat; a distiller; or a business located within, or adjacent to, an entertainment destination center licensed premises.
(e) Non-quota type 3 retail drink license. A non-quota 3 retail drink license may be issued pursuant to and defined by KRS to the following: a private club in existence for longer than one year prior to the license application; a dining car; and a bed & breakfast.
(f) Non-quota type 4 retail malt beverage drink license. A non-quota type 4 retail malt beverage drink license may be issued pursuant to and as defined in KRS to the following: a holder of a quota retail drink license; a holder of a microbrewery license; a holder of a small farm winery license; and any other business wishing to sell malt beverages by the drink for consumption on the premises only. A non-quota retail malt beverage drink license shall not be issued to any premises from which gasoline and lubricating oil are sold, or from which the servicing and repair of motor vehicles is conducted, unless there is maintained in inventory for sale on the premises at retail not less than $5,000 of food, groceries, and related products valued at cost.
(g) Special temporary license. A special temporary license may be issued only as set forth in KRS 243.260 and 804 KAR 4:250. Such a license may be issued to any regularly organized Fair, exposition, racing association, or organized civic or charitable event as permitted by law. This license shall authorize the licensee to exercise the same privileges and restrictions of a quota retail drink licensee and a non-quota type 4 malt beverage drink licensee at the designated premises for a specified and limited time, which shall not exceed 30 days and which shall expire when the qualifying event ends. All restrictions and prohibitions applying to a distilled spirits and wine quota retail drink license or a non-quota retail malt beverage drink license shall apply also to a special temporary licensee as described in this section.
1. The ABC Administrator shall only issue one special temporary license per event. All sales are required to be served in colored plastic orStyrofoam container, other than original.
2. No special temporary licensee shall offer distilled spirits and wine for sale at any time between 12:00 Midnight on Saturday and 6:00 a.m. on Monday.
(Ord. 2016-08, passed 8-1-16; Am. Ord. 2017-12, passed 8-21-17)