(A) All applications for special temporary licenses authorized under KRS Chapter 243 shall be on forms provided by the Alcoholic Beverage Control Administrator and shall be filed with the Administrator at least 30 days prior to the date of the event for which the license is requested.
(B) The Alcoholic Beverage Administrator may, in his or her discretion, approve all distilled spirits and/or wine and malt beverage special temporary licenses within the city when in the sole discretion of the City Administrator, the necessity therefor has been established. Necessity is established when the license is to be issued to any regularly organized fair, racing association for a particular fair, race, race meeting conducted by an association, exposition, picnic, bazaar, carnival, non-profit organization, political campaign function or for-profit individual, corporation, or organization, when used in conjunction with and as a part of, an organized charitable, civic or community-sponsored event.
(C) The provisions in division (A) hereinabove notwithstanding, distilled spirits, wine and/or malt beverage special temporary licenses may be refused by the Alcoholic Beverage Administrator for any reason which the Administrator, in the exercise of his or her sound discretion, deems sufficient, as provided in KRS 243.450. Among those factors that the Administrator shall consider in the exercise of his or her discretion are:
(1) The nature, theme, orientation and duration of the organized charitable, civic or community-sponsored event; the day(s) of the week and hours each day of the special event during which alcoholic beverages are proposed to be sold;
(2) Whether or not the charitable, civic or community-sponsored event has been permitted by the city's special events committee; and applicant's membership, affiliation with or participation in, the approved special event;
(3) The impact, if any, on public health, safety and welfare;
(4) The impact, if any, of the special event on pedestrian and vehicular traffic and traffic flow;
(5) The disruption of and inconvenience to affected residences and businesses;
(6) The number of premises licensed for the sale of alcoholic beverages that are located within or in close proximity to the boundaries of the proposed event;
(7) The impact, if any, of the special community event on the local economy; and
(8) The proximity of the special community event to churches, schools, child care or other facilities, parks or venues primarily utilized by minors;
(9) Those factors set forth in KRS 243.450(2).
(D) The Alcoholic Beverage Administrator shall not issue a special temporary alcoholic beverage license in conjunction with any organized charitable, civic, or community-sponsored event if:
(1) The applicant or the premises for which the license is sought does not comply fully with all alcoholic beverage control statutes, administrative regulations of the board or other city ordinances;
(2) The applicant or the premises for which the license is sought does not comply with all regulations of the City Administrator;
(3) The applicant has done any act for which a revocation of license would be authorized; or
(4) The applicant has made any false material statement in his or her application.
(E) Any license issued under this section shall authorize the licensee to exercise the privileges granted therein in accordance with the terms, conditions and limitations established by the Administrator, on the designated premises, for a specified and limited time not to exceed 30 days, and shall expire when the qualifying event ends.
(F) If the Alcoholic Beverage Administrator shall, in his or her discretion, refuse to issue a distilled spirits, wine and/or malt beverage special temporary license, a written notice of denial shall be mailed to the applicant within ten working days after the filing of the application and submission of any supporting information requested by the Administrator, which notice shall set forth the reasons for the denial.
(G) the Alcoholic Beverage Administrator is hereby authorized and directed to impose a license fee of $166.66, per event, for each distilled spirits and wine special temporary license, a fee of $50 for each special temporary wine license, and a fee of $25, per event, for each malt beverage, special temporary license issued.
(H) The Alcoholic Beverage Administrator is authorized to adopt any and all rules and regulations necessary and appropriate for the issuance of special temporary licenses provided in this section.
(Ord. 19-8, passed 12-12-19)