(A) (1) Before an application for license shall be considered, the applicant must publish a notice of its intent to apply for an alcohol beverage license in a newspaper meeting the requirements of KRS Chapter 424.
(a) The advertisement shall state the name and addresses of the individual applicant, or members of a partnership or limited liability company if the applicant is either, as well as the name of the business and its address, or if the applicant is a corporation, the names and addresses of the principal office and directors of the corporation, as well as the name and addresses of the corporation itself, the location of the premises for which the license is sought, and the type of license for which application is made.
(b) The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the publication as provided in KRS 424.170, along with a nonrefundable application fee of fifty dollars ($50.00).
(2) It shall be unlawful to sell or offer for sale, or dispense, or have in his or her possession for sale, any alcoholic beverage(s) within the City of Morgantown without having the appropriate license hereinafter provided for, or in violation of the terms of such license. Each license issued shall be applicable only to the specific premises shown thereon and shall not entitle the holder of the license to sell from any other premises within the City of Morgantown.
(3) All licenses granted under this chapter shall be approved by the City ABC Administrator. Applications for the issuance of new licenses and for renewals of existing licenses shall be in writing, signed by the applicant and upon the forms provided by the Kentucky Department of ABC and the city, as amended and supplemented from time to time. No license shall be issued until completed in full and the appropriate fee therefore has been paid. Any license issued to any person for any licensed premises shall not be transferable or assignable to any other person or to any other premises or to any other part of the building containing the licensed premises.
(4) (a) The application shall be verified and shall set forth in detail such information concerning the applicant and the premises for which the license is sought as required by the Kentucky Revised Statutes, the Kentucky Department of ABC and the city, including as follows:
1. All information required by KRS 243.390 to be contained in the application for state license.
2. An executed consent by the applicant to the inspection of the licensed premises, by the Administrator, where alcoholic beverages are sold, stored or otherwise trafficked in, without first obtaining a search warrant. Additionally, the Administrator may confiscate any contraband property or items.
3. Documentary evidence of an application for a state license, which corresponds to the city license for which the application is being made.
4. Original applications for any alcoholic beverage license must be accompanied by a copy of notice of the applicant's intention to make application, published once before such application is filed, in the regular edition of the official newspaper of Butler County, which shall be, The Butler County Banner.
(b) All applicants, all officers of any applicant corporation, all persons holding five percent (5%) or more of the stock in an applicant corporation or owners or partners of an applicant partnership shall each submit fingerprints and a current color photograph of themselves with all other documents as required in the application process or during any subsequent renewal if not previously provided or otherwise deemed necessary by the City ABC Administrator.
(c) Each application shall be accompanied by a certified or cashier's check, or a postal or express money order for all fees.
(5) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of this information to the City ABC Administrator or assistant ABC Administrator(s), if any.
(6) All city licenses shall be on the form prescribed by the City Commission, including though all information on any form used by the Kentucky Department of Alcoholic Beverage Control, and shall contain:
(a) The name and address of the licensee;
(b) The number of the license;
(c) The type of licenses;
(d) A description by street and number, or otherwise, of the licensed premises;
(e) The name and address of the owner of the building in which the licensed premises are located;
(f) The expiration date of the license; 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.
(7) All licenses approved by the City ABC Administrator or assistant ABC Administrator(s), if any, and issued by the city shall begin on January 1 of any year and shall expire on December 31 of the following year.
(8) The renewal by the City ABC Administrator or assistant ABC Administrator(s) 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. The renewal application shall be accompanied by a renewal application fee of fifty dollars ($50.00).
(9) The yearly license term is January 1 to December 31. Any licenses issued after January 31 of any year shall be assessed a fee which is based on the pro rata portion of the remainder of the license period. However, the cost of any license shall not be less than that for a period of six (6) months.
(10) In the event a violation of this chapter occurs that requires the revocation of the license, the city shall not be required to refund any portion of the license fee.
(B) (1) There hereby is imposed upon each holder of a license to manufacture and/or traffic in alcoholic beverages, under any provision of KRS Chapter 241 through 244, a license fee for the privilege of manufacturing and/or trafficking in alcoholic beverages within the city as follows:
(a) Distilled spirit license as set forth in KRS 243.030:
1. Distiller’s license, per annum: five hundred dollars ($500.00);
2. Rectifier’s license, per annum: three thousand dollars ($3,000.00);
3. Wholesaler’s distilled spirits and wine license, per annum: three thousand dollars ($3,000.00);
4. Quota retail package license, per annum: one thousand dollars ($1,000.00);
5. Quota retail drink license, per annum: one thousand dollars ($1,000.00);
(b) Special temporary license, per event: one hundred dollars ($100.00).
(c) Non-quota type 1 retail drink license (includes distilled spirits, wine, and mail beverages), per annum: two thousand dollars ($2,000.00).
(d) Non-quota type 2 retail drink license (includes distilled spirits, wine, and malt beverages), per annum: one thousand dollars ($1,000.00).
(e) Non-quota type 3 retail drink license (includes distilled spirits, wine, and malt beverages), per annum: three hundred dollars ($300.00).
(f) Distilled spirits and wine special temporary auction, license, per event: two hundred dollars ($200.00).
(g) Extended hours supplemental license, per annum: two thousand dollars ($2,000.00).
(h) Caterer's license, per annum: eight hundred dollars ($800.00). Caterers may be issued a caterer's license as a supplementary license provided that the caterer holds a retail package liquor license or a distilled spirits and wine or a limited restaurant license. See KRS 243.033(1). Owners and/or operators of a restaurant which is open to the public and which does not have a retail package liquor license or a distilled spirits and wine by the drink retail license or a malt beverage license or a limited restaurant license shall not qualify for a caterer's license as a primary license or a limited restaurant license shall not qualify for a caterer's license as a primary license. See KRS 243.033(2). No publication is required for a supplemental caterer's license. See KRS 243.033(1). However, an application must be filed with and approved by the City ABC Administrator. All approved applicants must also obtain a city business license.
(i) Bottling house or bottling house storage license, per annum: one thousand dollars ($1,000.00).
(j) Malt beverage licenses as follows:
1. Brewer's license, per annum: five hundred dollars ($500.00).
2. Microbrewery license, per annum: five hundred dollars ($500.00).
3. Malt beverage distributor's license, per annum: four hundred dollars ($400.00).
4. Non-quota retail malt beverage package license, per annum: two hundred dollars ($200.00).
5. Non-quota type 4 retail malt beverage drink license per annum: two hundred dollars ($200.00).
6. Malt beverage brew-on-premises, per annum: one hundred dollars ($100.00).
(k) Limited restaurant license (includes distilled spirits, wine, and malt beverages), per annum: one thousand, two hundred dollars ($1,200.00).
(l) Limited golf course license (includes distilled spirits, wine, and malt beverages), per annum: one thousand, two hundred dollars ($1,200.00).
(m) The holder of a non-quota retail malt beverage package license may obtain a Non-quota type 4 malt beverage drink license for a fee of fifty dollars ($50.00). The holder of a Non-quota type 4 malt beverage drink license may obtain a non-quota retail malt beverage package license for a fee of fifty dollars ($50.00).
(2) The City ABC Administrator or Assistant ABC Administrator, if any, shall transmit fees upon collection to the City Clerk to be deposited into the appropriate designated account. City licenses shall be issued by the City ABC Administrator or Assistant ABC Administrator, if any, upon receipt of notice from the ABC Board Administrator of the finality of appeal or protest permitted upon such license pursuant to the provisions of KRS 243.360, and the fact the ABC Board Administrator has approved the applicant's state application.
(Ord. 2016-09, passed 11-10-16)