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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)
(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)
(A) If, after a license to individuals or to a sole proprietor has been issued, there is a change in any fact required to be set forth in the application, a verified amendment, in writing, giving notice of the change shall be filed with the City ABC Administrator within ten days of the change.
(B) Since a number of licenses issued by the city are in the name of corporations or other business organizations, it is necessary that ownership changes in such organizations be reported to the City ABC Administrator. The City ABC Administrator can, therefore, investigate the person to whom the ownership or management is transferred in order to ascertain whether that person is precluded by statute from holding an interest in an alcoholic beverage license.
(C) As used with regard to a partnership, corporation, LLC, or other business organization herein, the word CHANGE is construed to include any change in managers, partners, or LLC members, directors, or officers of the corporation, or change in ownership or stock whereby any person secures 10% of the outstanding ownership or stock. Transfer of more than 10% of the total ownership or stock shall require a new license.
(D) The following information shall be required concerning any new manager, partner, or LLC member, new director, officer, or person securing any interest in alcoholic beverage license:
(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. If a resident, indicate when residence was established;
(6) Whether or not he or she has any interest in any other license or in any LLC, corporation, partnership, or other business organization holding a license under this act;
(7) Extent of stock or company ownership; and
(8) Whether or not he or she has any interest in any license or in any LLC, corporation, partnership, or other business organization holding a license in any other state or province.
(E) This information shall be filed with the City ABC Administrator as a verified amendment of the application pursuant to which the license was granted. Filing shall be made within ten days of any change of required information.
(Ord. 05-2019, passed 12-30-2019)
(A) Renewal of license. Every year, except in the case of the temporary licenses, each licensee shall renew his, her, or its license.
(1) All renewal licenses must be on file with the City ABC Administrator no less than 30 days prior to the expiration of the license for the preceding license period or the same shall be canceled, except where the licensee is unable to continue in business at the same premises licensed during the preceding license period as a result of construction, an act of God, casualty, death, the acquisition, or threatened acquisition, of the premises by any federal, state, city, or other governmental agency or private organization possessing power of eminent domain, whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew exiting lease; provided that said licensee shall file a written verified statement no less than 20 days from the expiration date of the license, setting forth these facts, and the City ABC Administrator is hereby authorized to extend the time for filing of a renewal of such license for a reasonable length of time within the sound discretion of the City ABC Administrator; provided, however, such licensee shall pay a license fee from the expiration date of the former license or licenses.
(2) Said license fee shall not by payable until application is made for the transfer of said license to a new location.
(3) The renewal by the City ABC Administrator of the license shall not be construed to be a waiver or acceptance of any violation which occurred prior to such renewal, and shall not prevent subsequent proceedings against the licensee.
(B) Lost or destroyed license. When a license shall be lost or destroyed without fault on the part of the licensee, or his or her agent or employee, a duplicate in lieu of the original license shall be issued by the City ABC Administrator after the City ABC Administrator shall have been satisfied as to the facts; provided, however, that the applicant for said duplicate license shall pay a fee of $25 for the duplicate license.
(Ord. 05-2019, passed 12-30-2019)
(A) Any license may be revoked or suspended by the City ABC Administrator if the licensee shall have violated any of other provisions of KRS Chapter 241 through 244, or any rule or regulation of the State Alcoholic Beverage Control Board, or of the State Department of Revenue, relating to the regulation of the manufacture, sale, and transportation, or taxation, of alcoholic beverages, or if such licensee shall have violated, or shall violate, any act of congress or any rule or regulation of any federal board, agency, or commission, or this chapter now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale, and transportation, or taxation, of intoxicating liquors, or any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Chapters 241 through 244 to be created, irrespective of whether the licensee knew of, or permitted, the violation or whether the violation was committed is disobedience of his or her instructions.
(B) A license may be revoked for any of the reasons for which the City ABC Administrator would have been required to refuse a license if the facts had been known.
(C) In addition to the foregoing stated causes, any license may be revoked or suspended for the following causes:
(1) Conviction of the licensee or the licensee’s agent, servant, or employee for selling any illegal alcoholic beverages on the licensed premises;
(2) Making any false material statements in an application or renewal application for a license or supplemental license;
(3) Conviction of the licensee or any of the licensee’s agents, servants, or employees of two violations of the terms and provisions of KRS Chapters 241 through 244, or any act regulating the manufacture, sale, and transportation of alcoholic beverages within two consecutive years; two misdemeanors directly or indirectly attributable to the use of alcoholic beverages within two consecutive years; or any felony;
(4) Failure or default of a licensee to pay an excise tax or any part of the tax or any penalties imposed by or under the provisions of any statutes, ordinances, or acts of congress relative to taxation, or for a violation of any related administrative regulations promulgated by the Department of Revenue;
(5) Revocation of any state license provided in KRS 243.030, 243.040, or permit granted under any act of congress relative to the regulation of the manufacture, sale, and transportation of alcoholic beverages;
(6) Setting up, conducting, operating, or keeping on the licensed premises any gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility for betting or transmitting bets on horse races; or permitting to be set up, conducted, operated, kept, or engaged in on the licensed premises any gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility. This division (C)(6) shall not apply to:
(a) The sale of lottery tickets sold under the provisions of KRS Chapter 154A;
(b) The operation of a pari-mutuel system for betting, where authorized by law;
(c) The conduct of charitable gaming by a charitable organization licensed or permitted under KRS Chapter 238; or
(d) Special temporary raffles of alcoholic beverages under KRS 243.036.
(7) Conviction of the licensee, or the licensee’s agents, servants, or employees, for the trafficking or possession upon the licensed premises of controlled or illegal substances described in KRS Chapter 218A, including synthetic drugs; knowingly permitting the trafficking or possession by patrons upon the licensed premises of controlled or illegal substances described in KRS Chapter 218A, including synthetic drugs; or knowingly receiving stolen property upon the licensed premises; and/or
(8) Failure to comply with the terms of the City ABC Administrator.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
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