Loading...
(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)
In addition to any other inquiries, conditions, or considerations required or permitted by law:
(A) The City ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until the applicant and his or her place of business shall have been approved by a licensed building inspector, and any and all other inspections required by the State Building Code or other applicable law with the exception of pending construction.
(1) Applications approved by the City ABC Administrator based on pending construction or development shall be null and void after 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.
(2) Extensions may be granted by the ABC Administrator if he or she deems appropriate in exercise of sound discretion based on facts and circumstances surrounding each request. Any license approved on a pending construction basis shall be subject to final inspections as required by law.
(B) No license to sell alcoholic or malt beverages may be granted or renewed to any person who is delinquent in the payment of any property taxes, both real and personal, any other taxes due to the city, fees of any type, or charges due to any department of the city at the time of issuing the license, nor may any license be granted or renewed to sell upon any premises or property, owned and occupied by the licensee upon which there are any of the above delinquent payments due and owing to the city. Further, if a licensee becomes delinquent in the payment of any of the above at any time during the license period, the license to sell alcoholic or malt beverages may be subject to revocation or suspension.
(C) No person, whether on applicant for license, or a licensee, shall, in any manner, attempt to bribe, threaten, unduly influence, or intimidate the City ABC Administrator, or any member of the city’s staff, mayor, or any State ABC Administrator or staff, in any matter in which an application or proposed application for license, or procedure for revocation or suspension is pending before such officer. This division is not intended to stifle expressions of opinion; however, it is intended to make clear that the ABC Administrators are public officials charged with the administration and enforcement of the law, both local and state.
(1) Any person applying for a license, or contesting the revocation or suspension of a license, who engages in attempted bribes, threats, attempted undue influence or intimidation of a City or State ABC Administrator or staff shall be disqualified from receiving or retaining a license, in addition to other penalties as provided by law.
(2) The procedures for appeals shall apply to disqualifications, revocations, or suspensions under this chapter. Nothing in this chapter shall be interpreted to prohibit monetary settlements in lieu of revocation or suspension of license after a final order or revocation or suspension, where the ordinance and applicable statutes allow for such payments in settlement.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
(A) The City ABC Administrator may refuse to issue a license for any of the following reasons:
(1) Causes for refusal to issue or renew a license and for suspension or revocation of a city license shall be the same as provided for state licenses according to KRS 243.450, 243.490, and 243.500, as well as violation of any city ordinance regarding alcoholic beverage licensing, sales, or the administration thereof;
(2) If the applicant has done any act for which a revocation of license would be authorized under local, state, or federal law; or
(3) If the applicant has made any false material statement in his or her application.
(B) An applicant who has been refused a license by the City ABC Administrator may appeal the refusal to the State Alcoholic Beverage Control Board pursuant to KRS 241.200 and KRS 243.550.
(Ord. 05-2019, passed 12-30-2019)
Loading...