(A) Every person desiring to engage in any business for which a license is provided for herein shall, for the initial license, first apply to the City for such required license. The application shall be in writing, on forms furnished by the City, shall be notarized, and shall include the following information:
(1) The name, age, address and residence of each applicant and if there be more than 1 and they are partners, the partnership name and address, or, if doing business under an assumed name, the name under which the business is intended to be conducted;
(2) The name and address of each person interested or to become interested in the business for which the license is sought, together with the nature of that interest, and, if the applicant is a corporation, the names, addresses and ages of each officer, director and managerial employee, and the state under the laws of which the corporate applicant is incorporated; (The City may, at its discretion, also require the names of all stockholders.)
(3) A business entity that owns more than 2 licensed premises shall initially submit common information about ownership officers, directors, managerial employees, and shall provide current criminal background checks once for all separately licensed premises in one master file. Any business qualifying under this subsection shall only be required to amend its master file information for material changes under KRS 243.390(2) or ownership transfer under KRS 243.630.
(4) The premises to be licensed, stating the street and number, if the premises has a street number, and otherwise such a description as will reasonably indicate the location of the premises; (The applicant shall also state the nature of the interest in the premises and the name, age and address of any other person, either as principal or associate, who is interested with the applicant, either in the premises or in the business to be licensed.)
(5) (a) A statement that neither the applicant nor any other person referred to in this section has been convicted of any felony until five years have passed from the date of conviction, release from custody or incarceration, parole or termination of probation, whichever is later or of any misdemeanor described under KRS 218A.050 through 218A.130 in the two years immediately preceding the application or if any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two years immediately preceding the application; and that he or she has not had any license that has been issued to him or her under any alcoholic beverage statute or ordinance revoked for cause within two years prior to the date of his or her application. (It shall be the duty of the City’s Police Department, through its Chief of Police, to investigate the criminal record of the applicant, if any, before affixing his or her signature of approval to the application. His or her signature shall constitute verification that the applicant has not violated any of the provisions of this section.)
(b) If the Chief of Police shall find such a violation of this section to exist, he or she shall immediately notify the City of the same and refuse to sign the application. Such shall be sufficient grounds for denial of the requested liquor license.
(6) A statement that the applicant will, in good faith, abide by every statute and ordinance relating to the manufacture, sale and transportation of alcoholic beverages that may be in force in the location at which he or she seeks to do business, as well as all regulations of the state’s Alcoholic Beverage Control Board and all regulations of the City;
(7) (a) The City shall be required to give notice to each owner/occupier of real estate parcels within a radius of 200 feet of the place in which the sales are proposed to be made, by certified mail, giving notice of the proposed operation of the business. The costs of the certified mailing will be the responsibility of the applicant
(b) An owner/occupier of a real estate parcel to whom notice shall be given under this section shall be construed as one individual person who is vested the ownership or title or partial ownership or title to the real estate parcel within the prescribed radius and who is also an actual occupier living within the residence or structure located upon the real estate parcel within the prescribed radius. Any owner of a real estate parcel within the prescribed radius who does not actually reside upon the parcel or any occupier of the residence or structure upon the parcel who does not own or partially own the same shall not qualify.
(c) The measurement of the prescribed radius, that being 200 feet from the place in which the sales are proposed to be made, shall be taken in a straight line from the nearest outside wall of the building on the licensed premises to the nearest outside wall of the residence or habitable structure on the owner/occupier real estate parcel.
(d) If any owner/occupier shall object to the operation of the business, in writing, to the City within 15 days after mailing of the notice of intent by certified mail by the applicant, the City shall berequired to hold a public hearing to evaluate public sentiment before issuance or denial of the license. Failure of any owner/occupier to receive and/or sign for certified mail notice from the applicant shall not act to invalidate any decision of the City.
(8) The signature of the owner/occupier of the premises wherein the sales are proposed to be made;
(9) (a) If, after a license has been issued, there is a change in any of the facts required to be set forth in the application, a verified supplemental statement, in writing, giving notice of the change shall be filed with the City within ten days after the change. The word “change,” with reference to corporate licensees, is construed to include any change of directors or officers of the corporation, or a change in ownership of stock whereby any person secures 10% of the outstanding stock or effects a transfer of the percentage of stock; transfer of more than 10% of the total stock shall require a new license.
(b) The following information will be required concerning any new director, officer or person securing any interest in an alcoholic beverage license:
1. Name and address;
2. Nature of interest;
3. Whether or not a citizen of the City;
4. Date of birth;
5. Date residence was established in Newport, if a resident thereof;
6. Whether or not he or she has any interest in any other license or corporation holding a license under this section;
7. A full statement concerning the extent of stock ownership, including the amount thereof, the person from whom the stock was obtained and the extent of any managerial authority in the person; and
8. The name and address of a person resident within the City upon whom notices, citations or other process with reference to the alcoholic beverage license may be served.
(c) The foregoing information shall be filed with the City as an amendment to any previous application pursuant to which the license was granted and shall be considered by the City as an application for a new license.
(d) Any such information shall be conclusively presumed to be correct and shall be deemed material in any subsequent prosecutions.
(10) Such other information as the City may require.
(1995 Code, § 5.08.320) (Am. Ord. O-2001-51, passed 11-26-2001; Am. Ord. O-2001-52, passed 11-26-2001)
(B) Application for the renewal of a pre-existing license shall be made to the City upon payment of the established fees therefore. All applications and fees for renewal shall be due and payable thirty days prior to the expiration of the current license. Effective with renewals for 2017, the regular licensing period shall be from December 1 to November 30 of the following year.
(C) The placement of any pre-existing license into dormancy shall be determined by the rules and regulations promulgated of the Kentucky Alcoholic Beverage Control Board.
(Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2013-021, passed 11-18-2013; Am. Ord. O-2016-016, passed 8-22-2016)
Editor’s note:
KRS 218A.050, 218A.070, 218A.090, 218A.110 and 218A.130 were repealed by 2017 Ky. Acts ch. 61, sec. 7.