The City ABC Administrator may refuse to issue or renew a license for any of the following reasons:
(A) The applicant, the application, or the premises described therein do not fully comply with the provisions of this chapter and all laws in regard to alcoholic beverages;
(B) 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 alcohol beverage licensing, sales or the administration thereof;
(C) If the applicant has done any act for which a revocation of license would be authorized; and/or
(D) The applicant and/or any shareholder, officer, agent, servant, or employee thereof had a state license or city license which was revoked within two (2) years of the date of the application, or the premises described therein were the premises or any portion thereof described in a state license or city license revoked during such time;
(E) The applicant, his agent, or manager has been convicted of a felony;
(F) An applicant who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
(G) A partnership, unless all the members of the partnership shall be qualified to obtain such a license;
(H) An applicant premise is located in the City of Morgantown not zoned for commercial use under the zoning laws of the City of Morgantown. This section shall not preclude the issuance of a license on premises for which a proper zoning change has been granted by the zoning board and City Council of Morgantown;
(I) If the applicant has made any false material statement in his or her application;
(J) Failure to pay taxes (See KRS 243.490(2));
(K) The City Alcoholic Beverage Control Administrator shall, in the exercise of sound discretion, refuse to issue or renew an alcoholic beverage license to any person who has not conducted his business in a decent orderly manner or who is known to conduct or encourage a disorderly place of business or who permits or engages in disorderly conduct, or who has been convicted of any violation of any criminal or penal law, except minor traffic violations, during the two (2) years immediately preceding his application. It is hereby deemed and declared to be in the best interest of public health, welfare and safety that the Administrator shall have discretion to issue such licenses as he deems will promote the general welfare of the City of Morgantown;
(L) (1) The City ABC Administrator shall have the discretion to deny applications for any reason which the Administrator, in the exercise of his or her sound discretion, deems sufficient, including but not limited to:
(a) The proposed premises is located in an unincorporated isolated area.
(b) Prior police difficulties for law enforcement in the area.
(c) Other alcoholic beverage outlets in the general area which adequately serve the population there.
(d) Location near heavily traveled road would increase parking and traffic congestion and hazards.
(e) Location at an intersection where five (5) school buses stop and daily unload over one hundred (100) children and expose them to a detrimental influence.
(f) Location close to a church whose faith opposes alcohol sales.
(g) Large number of public protests.
(2) Appeal from the decision of the City ABC Administrator shall be to the State ABC Board.
(Ord. 2016-09, passed 11-10-16)