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(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)
(A) For the privilege of causing, permitting, and engaging in the actions, business, and transactions authorized thereby in regard to traffic in alcoholic beverages in the city, and pursuant to the authority of KRS 243.070, there is hereby established a corresponding city license for each of the state licenses described in KRS 243.070.
(B) The fee for each city license shall be as set out in the schedule set forth below. In the event KRS 243.070 shall hereafter be amended to authorize additional city licenses, the fee for each city license shall be the maximum fee provided in the statute as amended.
Type of City License | License Fee |
Type of City License | License Fee |
Bottling house or bottling house storage license (per annum) | $1,000 |
Brewer’s license (per annum) | $500 |
Caterer’s license (per annum) | $800 |
Distiller’s license (per annum) | $500 |
Limited golf course license (per annum) | $1,200 |
Limited restaurant license (per annum) | $1,200 |
Malt beverage distributor’s license (per annum) | $400 |
Microbrewery license (per annum) | $500 |
Non-quota retail malt beverage package license (per annum) | $200 |
Non-quota Type I retail drink license (per annum) | $2,000 |
Non-quota Type II retail drink license (per annum) | $1,000 |
Non-quota Type III retail drink license (per annum) | $300 |
Non-quota Type IV retail malt beverage drink license (per annum) | $200 |
Qualified historic site (per annum) | $1,030 |
Quota retail drink license (per annum) | $1,000 |
Quota retail package license (per annum) | $1,000 |
Rectifier’s license Class A (per annum) | $3,000 |
Rectifier’s license Class B, craft rectifier (per annum) | $960 |
Special Sunday retail drink license (per annum) | $300 |
Special temporary alcohol auction license (per event) | $100 |
Special temporary license (per event) | $166 |
Wholesaler’s license (per annum) | $3,000 |
(Ord. 05-2019, passed 12-30-2019)
(A) Expiration of license; proration of fees.
(1) All city licenses, except temporary licenses, shall begin on May 1 of any year and shall expire on April 30 of the following year, as set forth in KRS 243.090 and 804 KAR 4:390.
(2) Upon final approval of a licensee’s application, he or she shall be charged the full fee for the respective license if six months or more remain before the license is due to be renewed, and one-half the fee if less than six months remain before the license is due to be renewed.
(3) No abatement of license fees shall be permitted to any person who held a license of the same kind for the same premises in the preceding license and who was actually doing business under the license during the last month of a preceding license period.
(B) Payment of license fees; delinquency.
(1) No licensee shall enter into, or begin operating, any business for which a license is required by this chapter until the license fee has been paid in full. The fee for renewal of any license shall be paid with the renewal application.
(2) Failure to pay any license fee within ten days after it becomes due shall result in a penalty. Any licensee failing to pay the fees, including penalties, within ten days after such fees are due may be subject to revocation of the license and to other penalties as provided in this chapter.
(C) Refund of fees.
(1) Pro-ration of fees shall be as provided for state licenses in KRS 243.090. In the event any licensee shall cease doing business for any reasons, no refund of the city license fee shall be granted to such licensee.
(2) In the event a violation of this chapter occurs that results in the suspension or revocation of the license, the city shall not be required to refund any portion of the license fee.
(D) Regulatory license fee.
(1) (a) Pursuant to KRS 243.075, there is hereby imposed a regulatory license fee on the gross receipts of sale of alcoholic beverages of each licensee who has a local license issued by the City ABC Administrator.
(b) The city’s regulatory license fee shall be 5% of gross sales of all alcoholic beverages sold by the drink. In the case of retail sales of package distilled spirits and wine, the regulatory license fee shall be 5% of gross sales. The regulatory license fee shall be 5% on gross retail sales of package malt beverages.
(2) (a) Payment of said regulatory fee shall be remitted to the City ABC Administrator, who shall transmit all fees to the City Clerk/Treasurer, or his or her designee, for deposit into the appropriate designated account. The city may use said fees as permitted by law, including, but not limited to: any cost of additional policing; or regulatory or administrative expenses related to the sale of alcoholic beverages in the city.
(b) The regulatory license fee shall be in addition to any other fees or licenses permitted by law, except that a credit against a regulatory license fee in the city shall be allowed in an amount equal to any license fee shall be based on paperwork required by the local and/or State ABC Administrator, which may include, but is not limited to: tax returns; and financial statements.
(c) Said paperwork and payment will be due according to the schedule set forth by the Mayor, or his or her designee, which may be set at, but is not limited to time periods consisting of a monthly or quarterly billing by the local Alcoholic Beverage Control office and/or the city.
(3) Failure to pay such remittance within ten days of the due date constitutes a violation and shall subject a licensee to suspension or revocation.
(4) Interest at the rate of 10% per annum will apply to any late payments.
(E) Disposition of fees and any other type of payment to the city. The City ABC Administrator shall transmit all fees and any other types of payment made to the city upon collection to the City Clerk/Treasurer, or his or her designee, for deposit into the appropriate designated account.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
LICENSE MAINTENANCE
All city licenses shall be in such form as may be provided by the City ABC Administrator, but at the least shall contain:
(A) The name and address of the licensee;
(B) The number of the license;
(C) The type of license;
(D) A description by street and number, or otherwise, of the licensed premises;
(E) The expiration date of the license;
(F) The name and address of the owner of the building in which the licensed premises are located; and
(G) A statement in substance that the license shall not be a property or vested right, and that it may be revoked at any time pursuant to law.
(Ord. 05-2019, passed 12-30-2019)
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