The local administrator shall have the discretion to approve or disapprove any application or renewal. All applications and renewals shall be submitted on the form required by the Commonwealth of Kentucky. The application shall be accompanied by a certified check, cash, postal or express money order, or corporate check for the license fee. An application which is substantially incomplete or which does not contain the correct fee will be rejected. The local administrator shall have up to thirty (30) days to process the application.
(A) General application requirements:
(1) Original applications.
(a) The basic application for alcoholic beverage license provided by the Commonwealth of Kentucky shall be completed and submitted to the city’s ABC Administrator.
(b) Publishing requirements. Any person, corporation, partnership, or any other entity, except an applicant for the same license for the same premises, or an applicant for an out-of-state malt beverage supplier’s license, limited out-of-state malt beverage supplier’s license, out-of-state distilled spirits and wine supplier’s license, limited out-of-state distilled spirits and wine supplier’s license, supplemental bar license, extended hours supplemental license, a special agent or solicitor’s license, a bonded warehouse license, a freight forwarding license, a storage warehouse license, an industrial alcohol license, a nonindustrial alcohol license, a storage warehouse license, a nonbeverage license, a vendor license, a transporter’s license, a Sunday license, or a temporary drink license shall, before applying for a license under KRS 243.030 and 243.040, advertise by publication under KRS 424.130(1)(b) his or her intention to apply for a license. The notice shall state:
(1) The name and address of the applicant if the applicant is an individual, the name and address of each partner and the name of the business and its address if the applicant is a partnership, and the name and address of each principal officer and director and the name and business address of the corporation if the applicant is a corporation;
(2) The location of the premises for which the license is sought and the type of license being requested: and
(3) The date the application will be filed and shall contain the following statement: “Any person, association, corporation, or body politic may protest the granting of the license by writing the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Suite A-2, Frankfort. Kentucky 40601, within thirty (30) days of the date of legal publication.”
(c) The licensed premises shall be in compliance with all life-safety and building codes. The City Building Inspector/Planner or someone approved by the City Building Inspector/Planner shall conduct an inspection of the premises to ensure compliance prior to issuing a license.
(2) Renewal applications. A licensee shall be required to request a renewal ten (10) business days before the expiration of the license for the preceding period. The license shall be renewed after the Local Administrator inspects the licensed premises to ensure that said premises meets all life-safety and building code requirements, submission of proof of a state license, submission of renewal fees, and any and all other requirements set forth herein. Any license that is not renewed before July 1st will be considered expired. If the state’s license is also expired, then the licensee will be required to reapply for a new license in accordance with the rules of the Commonwealth of Kentucky and the original application procedure including the publishing requirements. If the state’s license did not expire, but the city’s license is expired more than thirty (30) days, then a penalty of one hundred dollars ($100.00) shall be assessed against the applicant.
(3) No license, original or renewal, will be issued until a license is received from the Commonwealth of Kentucky and if the fee is paid by corporate check until the check has cleared the bank. If the check is returned for any reason, the application will be denied and all subsequent payments and renewal fees may only be made by certified check, cash or money order.
(B) Persons who may not receive a license.
(1) No license shall be issued to any person or corporation until after a license has been issued by the Commonwealth of Kentucky.
(2) No license shall be issued to any natural person under this chapter if he or she:
(a) Has been convicted of any felony until five (5) years have passed from the date of conviction, release from custody or incarceration, parole, or termination of probation, whichever is later;
(b) Has been convicted of any misdemeanor described under KRS 218A.050, 218A.060, 218A.070, 218A.080, 218A.090, 218A.100, 218A.110, 218A.120, or 218A.130 in the two (2) years immediately preceding the application;
(c) Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two (2) years immediately preceding the application; or
(d) Has had any license issued under this ordinance relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any such Kentucky Revised statute relating to the manufacture, sale and transportation of alcoholic beverages, until the expiration of two (2) years from the date of the revocation or conviction;
(e) Is under the age of twenty-one (21) years;
(f) Is not a citizen of the United States and has not been an actual, bona fide resident in this state for at least one (1) year before the date on which his or her application for a license is made. This division (B)(2)(f) shall not apply to applicants for manufacturers’ licenses or to applicants that are corporations authorized to do business in this state.
(3) No license shall be issued to a partnership, limited partnership, limited liability company or corporation if:
(a) Each member of the partnership or each of the directors, principal officers, or managers does not qualify under division (B)(2)(a), (b), (c) and (e) of this section;
(b) It has had any license issued under this ordinance relating to the regulation the manufacture, sale, and transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any such Kentucky Revised statute relating to the manufacture, sale and transportation of alcoholic beverages, until the expiration of two (2) years from the date of the revocation or conviction; or
(c) It is a partnership or corporation, if any member of the partnership or any director, manager or principal officer of the corporation has had any license issued under any statute relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages, revoked for cause or has been convicted of a violation of any such Kentucky Revised statute relating to the manufacture, sale and transportation of alcoholic beverages, until the expiration of the later of two (2) years from the date of the revocation or two (2) years from the date of conviction.
(4) The provisions of division (B)(2)(a) and (b) shall apply to anyone applying for a new license under this chapter after July 15, 1998, but shall not apply to those who renew a license that was originally issued prior to July 15, 1998, or an application for a supplemental license where the original license was issued prior to July 15, 1998.
(C) License fees and terms of licenses.
(1) Application fees. Upon submission of an original application or request for renewal, the applicant shall submit the stated fee listed below. Said fee shall be paid by cash, certified check, postal or express money order, or corporate check. Only the person or business entity making the application and no other person or business entity shall pay for any license issued under this chapter.
(2) Upon an application for a new license authorized under the Kentucky Revised Statutes and the City of Morehead Code of Ordinances, the applicant shall be charged, if the license is issued, the full fee listed below for the respective license if six (6) months or more remain before the license is due to be renewed and one-half (1/2) of the fee listed below if less than six (6) months remain before the license is due to be renewed. No abatement of license fees shall be permitted to any applicant who held a license for the same kind for the same premises in the preceding license period and who was actually doing business under the license during the last month of the preceding license period.
(3) The license fees shall be as follows:
(a) | Quota retail package license | $630.00 or maximum allowed by law |
(b) | Quota retail drink license | $630.00 or maximum allowed by law |
(c) | Nonquota (NQ) malt beverage package license | $200.00 or maximum allowed by law |
(d) | Nonquota type 2 (NQ2) retail drink license | $630.00 or maximum allowed by law |
(e) | Nonquota type 3 (NQ3) retail drink license | $300.00 or maximum allowed by law |
(f) | Nonquota type 4 (NQ4) retail malt beverage drink license | $200.00 or maximum allowed by law |
(g) | Sunday retail drink license | $300.00 or maximum allowed by law |
(h) | Special temporary license | $50.00 or maximum allowed by law |
(i) | Caterer’s license | $800.00 or maximum allowed by law |
(j) | Microbrewery license | $500.00 or maximum allowed by law |
(k) | Supplemental bar license | $630.00 or maximum allowed by law. This is the fee for each of the first five (5) supplemental bar licenses. There shall be no charge for each supplemental license issued in excess of five (5) to the same licensee at the same premises. |
(l) | Special temporary distilled spirits and wine auction license | $200.00 or maximum allowed by law |
(m) | Distributor’s license | $400.00 or maximum allowed by law |
(n) | Wholesaler’s license | $3,000.00 or the maximum allowed by law |
(4) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink license for a fee of fifty dollars ($50.00). The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of fifty dollars ($50.00).
(5) The license fee for special temporary licenses shall be waived for microbreweries and small farm wineries participating in festivals sponsored by the city. The entities shall hold all required licenses from the Commonwealth of Kentucky and be in good standing with the city.
(6) Expiration of license. All licenses, except special temporary licenses, issued under this chapter shall expire on June 30 of each year and the application/renewal fee shall be due and payable before July 1 of each year.
(Ord. 5:2000, passed 5-8-00; Am. Ord. 20:2000, passed 12-11-00; Am. Ord. 11:2001, passed 5-14-01; Am. Ord. 01:2005, passed 2-14-05; Am. Ord. 12:2006, passed 6-12-06; Am. Ord. 22:2009, passed 8-10-09; Am. Ord. 27:2009, passed 11-9-09; Am. Ord. 15:2011, passed 5-23-11; Am. Ord. 20:2012, passed 8-13-12; Am. Ord. 28:2013, passed 11-11-13; Am. Ord. 60:2014, passed 5-12-14; Am. Ord. 10:2017, passed 5-22-17)