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The city licenses authorized and established by this chapter shall each be evidenced by a document, the form and content of which shall be prescribed by regulation of the City ABC Administrator, provided, however, that each document evidencing a city license shall be of the same color and designation as that of the corresponding state license and shall comply with the provisions of KRS 243.440.
(`96 Code, § 112.21) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
Subject to the limitations and restrictions described herein, city licenses shall be originally issued by the City Clerk-Treasurer and renewed by the City ABC Administrator upon the expiration thereof upon receipt of the following documents and fees no 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:
(A) 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 regulation of the City ABC Administrator; however, provision for the following information, statements and representations shall and must be included therein:
(1) All information required by KRS 243.390 to be contained for state licenses; and
(2) The names, addresses, photographs and fingerprints of the applicant and all shareholders, officers, agents, servants and employees thereof.
(B) The approval of the applicant, the application and the premises described therein by the City ABC Administrator.
(C) Documentary evidence of a valid state license which corresponds to the city license for which the application is being made.
(D) The applicable fee, paid in cash or by certified or cashier’s check, for the city license which is the subject of the application.
(`96 Code, § 112.22) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
Within 30 days of the date of the receipt of the application for an original city license and 15 days of the date of an application for renewal of a city license, the City ABC Administrator shall, by mail or personal delivery thereof, notify the applicant, in writing, of either the approval thereof or the disapproval thereof and a hearing in regard thereto.
(`96 Code, § 112.23) (Am. Ord. 2016-7, passed 10-13-2016)
As is similarly set forth in KRS 243.450, the City ABC Administrator shall not approve any application for a city license if:
(A) The applicant, the application or the premises described therein do not fully comply with the provisions of this chapter and all laws in regard to alcoholic beverages;
(B) The applicant and/or any shareholder, officer, agent, servant or employee thereof has caused, permitted or engaged in any act for which the revocation of a state or city license is authorized;
(C) The applicant and/or any shareholder, officer, agent, servant or employee thereof had a state license or city license which was revoked within two years of the date of the application, or the premises described therein were the premises or any portion thereof described in a state license or city license revoked during the time;
(D) Any statement or representation in the application is false; or
(E) In the exercise of sound discretion, the City ABC Administrator determines any cause or reason for refusing to approve an application reasonably related to the purpose and objective of this chapter and the state laws and regulations of the State Alcoholic Beverage Control Board. Among those factors that the City ABC Administrator shall consider in the exercise of his or her discretion are: public sentiment in the area; potential for future growth; type of area involved; type of transportation available; and financial potential of the area.
(`96 Code, § 112.24) (Am. Ord. 2016-7, passed 10-13-2016)
A city licensee shall not assign or transfer any city license to any other person or premises unless that person and/or premises complies with all of the provisions of this chapter; the transfer of the license is approved by the City Administrator; and the transfer of the state license to which the city license corresponds is approved by the state. A transfer fee of $10 shall be paid to the city for the transfer of the city license.
(`96 Code, § 112.25) (Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
(A) As prohibited in KRS 243.280, no city license shall be issued to sell malt beverages at retail within or upon 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 continuously maintained an inventory on the premises for sale at retail of not less than $5,000 of food, groceries, and related products valued at cost.
(B) As prohibited in KRS 243.230, no city license shall be issued to sell distilled spirits or wine at retail by the drink or package from any premises used as or in connection with the operation of any business in which a substantial part of the commercial transaction consists of selling at retail staple groceries or gasoline or lubricating oil.
(`96 Code, § 112.26) (Am. Ord. 2013-17, passed 12-10-2013; Am. Ord. 2014-17, passed 9-25-2014; Am. Ord. 2016-7, passed 10-13-2016)
SALE OF ALCOHOLIC BEVERAGES
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