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(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(E) When a license has been revoked or suspended, the former licensee may, with prior approval of the City ABC Administrator, dispose of and transfer his or her stock of alcoholic beverages to an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
(A) (1) Applicants to whom a license is issued pursuant to this chapter shall provide periodic information demonstrating compliance with the conditions of any license, such as, but not limited to, the continuing requirement that a minimum percentage of the applicant’s business income is earned from the sale of food. This documentation shall be provided on a schedule to be coordinated with the applicant’s quarterly regulatory fee filings. The city shall provide the form schedule to the licensee.
(2) (a) The licensee’s acceptance of a license to manufacture or traffic in alcoholic beverages shall constitute consent to the filing of the quarterly report; in the case of caterer filing, the quarterly report shall identify each catered event by type of event, date, and address of the event, and shall provide a per event breakdown of sales and the ratio of food sales to alcohol sales during the reporting period.
(b) This requirement for filing of reports notwithstanding, the city may, at any time, come upon the premises of any licensee and examine the books and records to determine whether the licensee is in compliance with all parts of this chapter.
(3) (a) In the event the conditions of any license requirement are not met during any particular quarter, the City ABC Administrator shall have discretion in determining whether revocation is appropriate or whether the licensee may be allowed a reasonable period of time to reach compliance.
(b) If a good faith effort is demonstrated by the licensee, the City ABC Administrator may apply an accounting period of at least one year in determining whether or not the food sale percentage requirement has been met.
(B) (1) Every licensee under this chapter shall keep and maintain, upon the licensed premises, adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the Alcoholic Beverage Control Board.
(2) Such books and records shall be available at all reasonable times for inspection by the City ABC Administrator and such city employees who may assist the City ABC Administrator in his or her review.
(Ord. 05-2019, passed 12-30-2019)
(A) (1) It is necessary that a licensee actually conduct the business authorized by such a license, or else the license will be declared dormant and become null and void after 90 days; such is the intent of this section.
(2) Realizing that a licensee, like other business, may have his or her business interrupted by situations not under his or her control, various exceptions to the dormancy rule have been included in this section.
(B) Any license under which no business is transacted during a period of 90 days shall be deemed inactive and, unless the conditions set forth in division (C) below are proved to the satisfaction of the City ABC Administrator, the license shall be surrendered to the City ABC Administrator. If the license is not voluntarily surrendered, it shall be revoked by the City ABC Administrator.
(C) (1) The provisions of division (B) above shall not apply to any licensee who is unable to continue in business at the premises for which a license is issued due to construction, an act of God, casualty, death, the acquisition of the premises by any federal, state, city, or other governmental agency under power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew the existing lease.
(2) (a) Prior to the expiration of 90 days of inactivity, such licensee shall furnish to the City ABC Administrator a verified statement setting forth the fact that the licensee is unable to continue in business, for any of the specific reasons set forth in this section, and the City ABC Administrator may grant an extension of the dormancy with the license continuing to remain in effect during the license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during said period; provided, however, no such license shall be considered valid unless business is conducted thereunder within 12 months from the date of notice to the City ABC Administrator.
(b) Such extension may not extend beyond the renewal date, but may be for such times as the City ABC Administrator deems appropriate in the exercise of his or her sound discretion.
(Ord. 05-2019, passed 12-30-2019)
OTHER REGISTRATIONS AND PERMITS
(A) As used in this section, KEG is defined as a container designed and capable of holding six or more gallons of malt beverage.
(B) All retail licensees (herein after referred to as “licensee”) operating within the city who sell malt beverages in kegs for consumption off the premises of the licensee shall attach a numbered identification tag, or other device as provided by the city, to each keg at the time of sale, and shall require the purchaser to complete and sign a keg registration form for the keg stating the following:
(1) The purchaser is of legal age to purchase, possess, and use the malt beverage;
(2) The purchaser is not purchasing the keg for resale and will not allow any person under the age of 21 to consume the malt beverage;
(3) The purchaser will not remove, obliterate, or allow to be removed or obliterated the identification tag;
(4) The purchaser will state the property address where the keg will be consumed and physically located; and
(5) The purchaser is aware of his/her duty to maintain a copy of the keg registration form visible and readily accessible from the location of the keg.
(Ord. 05-2019, passed 12-30-2019)
(A) The licensee shall obtain the name, address, and telephone number of the purchaser and shall require the purchaser to produce a valid driver’s license number and, if that is not available, to produce at least one other valid form of identification.
(B) The licensee shall retain copies of the keg registration forms for a period of one year, and shall make the keg registration form available for inspection by state and local alcoholic beverage control officers and other enforcement officers.
(C) The keg registration form shall be forwarded to the city within five working days in all situations when the keg is not returned or is returned with the identification tag removed or obliterated.
(D) The city is authorized to develop appropriate rules and regulations and to develop and make available forms for the identification tags and keg registration forms.
(E) All licensees that sell, or offer for sale, kegs shall post on the licensed premises a notice provided by the city concerning the provisions of this section.
(F) It shall be unlawful for any licensee to sell, or offer for sale, kegs without the identification tags attached and the keg registration form completed. It shall also be unlawful for any person to remove or to obliterate the identification tag or to fail to have the declaration form visible and readily accessible from the location of the keg. The penalties for violation of this section shall be the penalties as set out in this chapter. In addition, licensees violating this section shall be subject to appropriate alcoholic beverage control administrative remedies.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999
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