(A) Conditions for dormancy. Under the provisions of KRS, all administrative regulations promulgated pursuant to the provisions of KRS and this chapter, as may be amended from time to time, a quota system may exist for the number of licenses to sell alcoholic beverages in the city. Therefore, it is necessary that a licensee actually conduct the business authorized by the license or else the license will be declared dormant and become null and void after ninety (90) days. Because a licensee, like any other business, may have his business interrupted by situations not under his control, various exceptions to this dormancy rule are included in subsection (B).
(B) Surrender of license and exceptions. Any license under which no business is transacted during a period of ninety (90) days shall become null and void. At the expiration of the ninety (90) day period the license shall be surrendered to the City Administrator, except that any licensee who is unable to continue in business at the licensed premises may apply to the Commonwealth of Kentucky Alcoholic Beverage Control Department, pursuant to 804 KAR 4:1110, as amended from time to time, to continue such license in dormancy. In the event a period of dormancy is applied for or granted by the Administrator to the licensee, the licensee shall immediately notify the City Administrator. Upon resumption of business or transfer or assignment of the license, the licensee shall notify the City Administrator and a fee shall be due and payable to the City Administrator for the period the license was in dormancy in the same amount due had the license remained active for the same period.
(C) Applications based on pending construction of development. Applications approved by the City Administrator and based on pending construction or development on the premises shall be null and void after ninety (90) days of the commitment to issue a license if the applicant fails to proceed in an orderly fashion to initiate construction or development on the premises involved. Extensions may be granted by the Administrator as he deems appropriate in exercise of his sound discretion based on facts and circumstances surrounding each request.
(D) Renewals, time for filing. All renewal of licenses and payment of the license fee must be on file with the City Administrator fifteen (15) days before the expiration of the licenses for the preceding license period or the license shall be canceled, except that the licensee may file a written, verified statement fifteen (15) days prior to the expiration date of the license, setting forth the facts justifying an extension. The Administrator may then extend the time for filing of a renewal of the license for a reasonable length of time within the exercise of his sound discretion. The licensee shall pay the license fee from the expiration date of the former license or licenses and payment shall be refunded to the licensee in the event that the license or licenses are not renewed at or before the end of the extension period.
(Ord. passed 5-7-92)