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(A) The purpose of this chapter is to establish uniform regulations and requirements for the licensing and regulation of alcoholic beverage manufacture and sales pursuant to authorization under KRS Chapters 241 through 244.
(B) The definitions of the words used throughout this chapter, unless the context requires otherwise, shall have the same meaning as those set out in the alcoholic beverage control laws (KRS Chapters 241 through 244) of the commonwealth, and all amendments and supplements thereto.
(C) This chapter shall be construed to apply to the manufacture and traffic in both malt beverages and distilled spirits and wine where the context permits such application. Nothing in this chapter shall excuse or relieve the licensee, or the owner, proprietor, employee, agent, or person in charge of any licensed premises where alcoholic beverages are sold from the restrictions, requirements, and penalties of any other ordinance of the city, or of any statues of the state relating to violations pertaining to alcoholic beverages.
(D) The provisions of the alcoholic beverage control law of the commonwealth (KRS Chapters 241 through 244) and all amendments and supplements thereto, are adopted so far as applicable to this chapter except as otherwise lawfully provided herein.
(E) The City Council may promulgate rules and regulations, and/or amendments thereto, as is in its discretion in order to ensure the proper implementation of this chapter. Such will be done as according to local, state, and federal law.
(Ord. 05-2019, passed 12-30-2019)
(A) Pursuant to KRS 241.160 and KRS 241.170, there is hereby created the office of the City Alcoholic Beverage Control Administrator (City ABC Administrator).
(B) The Mayor of the city appoints the Chief of Police, an employee of the city, to serve as the City Alcoholic Beverage Control (ABC) Administrator, pursuant to KRS 241.170.
(C) If the Chief of Police is not appointed by the Mayor to assume the role of City ABC Administrator, then the Mayor shall request that the City Council approve a new appointment or that it shall add the position of City ABC Administrator, as well as any other additional personnel to assist the City ABC Administrator, to the city’s Pay and Classification Plan, and a salary range for each position.
(D) The City ABC Administrator may, from time to time, appoint such additional personnel, such as alcoholic beverage control investigators, as is necessary to assist him or her in the administration of this chapter.
(E) (1) The City ABC Administrator shall have the same duties and functions regarding local license applications and renewals as the State Department of Alcoholic Beverage Control with respect to state licenses.
(2) The City ABC Administrator shall have the same duties and functions regarding local license penalization as the Alcoholic Beverage Control Board with respect to state license penalization.
(F) To prevent potential conflicts of interests, no person shall be a City ABC Administrator, an investigator, or an employee of the city under the supervision of the City ABC Administrator, who would be disqualified to be a member of the Alcoholic Beverage Control Board under state law set forth in KRS 241.100.
(G) The City ABC Administrator shall have authority delegated by the Mayor, and as authorized under KRS Chapter 241 through 244. The City ABC Administrator, and his or her investigators, shall have jurisdiction coextensive with the boundaries of the city.
(H) The City ABC Administrator, and his or her investigators, shall have available at all reasonable times for their inspection all books and records required to be maintained by licenses under KRS 244.150, and the City ABC Administrator shall receive copies of all reports submitted by the licensee to the Department of Alcoholic Beverage Control.
(I) (1) The City ABC Administrator, before entering upon his or her duties, shall take the oath as prescribed in the State Constitution § 228.
(2) The City ABC Administrator, and any employee delegated or assigned to the City ABC Administration, may also be asked to execute a bond in such penal sum as the city deems necessary, unless said person is already covered under the city’s active bonds as required under Kentucky Revised Statutes in regards to officials and employees of the city.
(Ord. 05-2019, passed 12-30-2019)
(A) (1) Appeals from the orders of the City ABC Administrator may be taken to the State Alcoholic Beverage Control Board by filing a notice of appeal with the Alcoholic Beverage Control Board within 30 days after the decision or order of the City ABC Administrator is mailed or delivered by personal service.
(2) (a) The notice of appeal shall specify the City ABC Administrator by name and shall identify the decision or order, or part of the decision or order, being appealed. The notice shall contain a certificate that a copy of the notice has been served on the City ABC Administrator and shall be accompanied by a copy of the decision or order being appealed.
(b) Matters at issue shall be heard by the Alcoholic Beverage Control Board as upon an original proceeding
(c) Appeals from decisions or orders of the City ABC Administrator shall be governed by KRS Chapter 13B.
(B) (1) As provided by law, no appealed City ABC Administrator order or decision, or resulting State Alcoholic Beverage Control Board order, shall become effective or final until all Alcoholic Beverage Control Board appeals, court appeals, or appeal times shall have been exhausted.
(2) When an Alcoholic Beverage Control Board order becomes final and effective, the City ABC Administrator shall enter such orders, and take such action, as required by the final order of the Alcoholic Beverage Control Board.
(Ord. 05-2019, passed 12-30-2019)
LICENSE APPLICATION PROCESS
(A) No person shall cause, permit, or engage in any of the actions, business, or transactions authorized by such city and state licenses within the city without both a valid city license and a valid state license.
(B) 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.
(C) The holder of a non-quota retail malt beverage package license may obtain a non-quota Type IV malt beverage drink license for a fee of $50. The holder of a non-quota Type IV malt beverage drink license may obtain a non-quota retail malt beverage package license for a fee of $50.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 licensee to purchase, receive, possess, and sell distilled spirits, wine, and malt beverages at retail by the drink for consumption on the licensed premises.
LIMITED RESTAURANT LICENSE. Any be issued pursuant to KRS Chapter 243 if said restaurant meets the definition, as set forth in KRS 241.010(37): 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.
NON-QUOTA TYPE I RETAIL DRINK LICENSE. May be issued to, and in, the following as defined by the Kentucky Revised Statutes to: 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; a qualified historic site; and/or a state park.
NON-QUOTA TYPE II RETAIL DRINK LICENSE. May be issued pursuant to, and as defined by the Kentucky Revised Statutes, the following: a hotel that contains at least 50 sleeping units, and which maintains 50% of its gross food and drinks sales from the sale of food; a restaurant that maintains 50% of its gross food and drinks sales 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.
NON-QUOTA TYPE III RETAIL DRINK LICENSE. May be issued pursuant to, and defined by, the Kentucky Revised Statutes to the following: a private club in existence for longer than one year prior to the license application and which excludes the general public; a dining car; and/or a bed and breakfast.
NON-QUOTA TYPE IV RETAIL MALT BEVERAGE DRINK LICENSE.
(1) May be issued pursuant to, and as defined in, the Kentucky Revised Statutes 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.
(2) 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.
SPECIAL TEMPORARY LICENSE.
(1) 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, organized civic or community-sponsored event, or charitable event as defined by applicable law. This license shall authorize the licensee to exercise the privileges of a quota retail drink licensee and a non-quota Type IV malt beverage drink licensee at designated premises for a specified and limited time, which shall not exceed 30 days and which shall expire when the qualifying event ends.
(2) 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 LICENSE, as described in this section.
(Ord. 05-2019, passed 12-30-2019)
(A) Before an application for a license shall be considered, the applicant must publish a notice of its intent to apply for an alcoholic beverage license in the newspaper used by the city for legal notices under KRS 424.120. The notice shall include the following:
(1) The advertisement shall state the name and address of the applicant and the name and address of each principal owner, partner, member, officer, and director if the applicant is a partnership, limited partnership, limited liability company, corporation, governmental agency, or other business entity recognized by law;
(2) All advertisements shall state the location of the proposed premises for which the licenses sought, and the type of business, and type of license for which application is made; and
(3) The applicant shall attach to the application a newspaper clipping of the advertisement.
(B) (1) All licenses granted under this chapter shall be approved by the City ABC Administrator.
(2) Applications for the issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by the State Alcoholic Beverage Control Board and/or the City Alcoholic Beverage Control Board, both of which may be amended and supplemented from time to time by each respective agency.
(C) 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 State Department, 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 the state, if a resident of the state;
(6) Whether or not he or she has any interest in any other license or limited liability company (LLC), corporation, partnership, or other business organization holding a license under this chapter;
(7) Extent of stock or company ownership; and
(8) Whether or not he or she has any interest in any license or LLC, corporation, partnership, or other business organization holding a license in any other state or province.
(D) Each application shall be accompanied by a certified check, cashier check, or money order in the amount of $50 to cover the administrative processing fees and subsequent required background check.
(E) (1) In addition to the above specified information, the applicant shall file, with the application, responses to any additional questions as may be posed or prescribed by the City ABC Administrator.
(2) In addition to the information contained in the application, the City ABC Administrator may require such other information as the City ABC Administrator may, in his or her discretion, deem desirable, reasonable, or appropriate to the consideration of the application.
(Ord. 05-2019, passed 12-30-2019)
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