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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
(A) Upon the verified complaint of any person, or on the initiative of any law enforcement officer, or of the City ABC Administrator, the City ABC Administrator may institute proceedings to revoke or suspend any license granted under this chapter.
(1) A license may be revoked or suspended only after the licensee shall have been given written notice, by certified or registered mail, of the proposed revocation, including notice of the reasons for such proposed action.
(2) (a) The licensee shall be given opportunity to be heard in opposition to the proposed revocation or suspension. The notice of proposed action shall advise the licensee of the date, time, and place of the hearing.
(b) Notice shall be sufficient if mailed to the licensee at the address shown in the last application for a license, or in the last statement supplemental to, or in amendment of, the application, whether or not the mailing is receipted for or claimed.
(B) The specific procedures to be followed in hearings on actions for revocation or suspension shall provide constitutional due process rights to the City Alcoholic Beverage Control license holder.
(C) A decision of the City ABC Administrator revoking or suspending a license may be appealed to the Alcoholic Beverage Control Board, as provided in KRS 241.200 and KRS 243.550.
(D) (1) Within three days after any order of revocation or suspension of a license becomes final, notice of revocation shall be given to the licensee and to the owner of the licensed premises.
(2) A notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license, or in the last statement supplemental to the application, shall be deemed sufficient compliance with this section.
(3) The licensee shall at once surrender his or her license to the City ABC Administrator. If the revoked or suspended license is not forthwith surrendered by the licensee, the Chief of Police, at the request of the City ABC Administrator, shall immediately cause one of his or her officers to take physical possession of the license and return it to the City ABC Administrator.
(E) When a license has been revoked or suspended, the former licensee may, with prior approval of the City ABC Administrator, dispose of and transfer his or her stock of alcoholic beverages to an appropriate entity.
(F) Appeal from the decision of the City ABC Administrator revoking or suspending a license shall be to the State Alcoholic Beverage Control Board. The timely filing of an appeal shall stay further proceedings for revocation.
(G) If a license is revoked or suspended by an order of the City ABC Administrator, and the decision is not appealed, the licensee shall suspend all operations authorized under his or her license upon finality and effectiveness of the order. Upon finality of any final order of the State Alcoholic Beverage Control Board sustaining or ordering revocation or suspension on appeal, the licensee shall at once suspend all operations authorized under this license.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
No license issued under this chapter shall be transferred or assigned either as to licensee or location, except with prior approval of the City ABC Administrator, and not then until a payment of $100 shall be made to the City ABC Administrator.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
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