Section
4.12.010 Advertisement
4.12.020 Application
4.12.030 Other conditions
4.12.040 Form of license
4.12.050 Change of information
4.12.060 Renewal of license
4.12.070 Lost or destroyed license
4.12.080 Revocation or suspension
4.12.090 Transfer or assignment
4.12.100 Refusal of license; guidelines for approval of quota license
4.12.110 Review of license; books, records, and reports
4.12.120 Dormancy
(A) Each person and each corporation, partnership, or any other entity, except an applicant for the same license for the same premises shall, before applying for a license under KRS 243.030, 243.040, and this title, advertise by publication under KRS 424.130(1)(b) his or her intent to apply for a license.
(B) (1) The advertisement or notice referred to in division (A) above shall conform in all material respects to the requirements set out in this section.
(2) The notice shall state:
(a) The name and address of the applicant, if the applicant is an individual;
(b) The name and address of each partner and the name of the business and its address, if the applicant is a partnership;
(c) 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;
(d) The specific location of the premises for which the license is sought; and
(e) The type of license being requested.
(3) The notice also 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 30 days of the date of legal publication”.
(C) The applicant shall attach to the license application a newspaper clipping of the advertisement and proof of the publication as provided in KRS 424.170.
(Ord. 2014-03, passed 4-15-2014)
(A) Every application for a license under KRS 243.020 to 243.670 and this title 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 ABC Board, and the city.
(B) In addition to other information as the ABC Board may by administrative regulation require, every application for a license under KRS 243.020 to 243.670 and this title shall contain the following information, given under oath:
(1) The name, age, Social Security number, address, residence, and citizenship of each applicant;
(2) If the applicant is a partnership, the name, age, Social Security number, address, residence, and citizenship of each partner and the name and address of the partnership;
(3) The name, age, Social Security number, address, residence, and citizenship of each person interested in the business for which the license is sought, together with the nature of that interest, and, if the applicant is a corporation, limited partnership, or limited liability company, the name, age, Social Security number, address, and residence of each officer, director, member, partner, and managerial employee and the citizenship of each, and the state under the laws of which the corporate or limited liability company applicant is either incorporated or organized;
(4) The premises to be licensed, stating the street and number, if the premises has a street number, and otherwise such a description that will reasonably indicate the location of the premises;
(5) A statement that neither the applicant nor any other person referred to in this section has been convicted of any misdemeanor directly or indirectly attributable to alcoholic beverages; any violation of KRS 218A.060, 218A.080, 218A.100 or 218A.120 within the two years immediately preceding the application; any felony, within five years from the later of the date of parole or the date of conviction, or providing false information to the Commonwealth Department of Alcoholic Beverage Control preceding the application; and that the applicant or any other person referred to in this section has not had any license that has been issued to the applicant under any alcoholic beverage statute revoked for cause within two years prior to the date of the application;
(6) A statement whether the applicant or any other person referred to in this section has any interest in any license or limited liability company, corporation, partnership, or other business organization holding a license in any other state or province;
(7) A statement whether the applicant or any other person referred to in this section has any interest in any other license or limited liability company, corporation, partnership, or other business organization holding a license under this title; and
(8) A statement that the applicant will in good faith abide by every state and local statute, regulation, and ordinance relating to the manufacture, sale, use of, and trafficking in alcoholic beverages.
(C) A non-refundable application fee of $50 shall be paid with the filing of the application for a city license. If the license is granted, the application fee shall be credited against the initial license fee.
(D) All licenses issued by the city under this title shall require the approval of the Administrator. Applications for the issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by the ABC Board and the city, as amended and supplemented from time to time.
(E) Each application shall be accompanied by a certified check, cash, or a postal or express money order for the amount of the license fee less the $50 application fee.
(F) In addition to the information specified in division (B) above, the Administrator may require such other information as the Administrator may in his or her discretion deem desirable, reasonable, or appropriate to the consideration of the application. The applicant shall file with the application responses to any additional questions as may be posed or prescribed by the Administrator.
(Ord. 2014-03, passed 4-15-2014)
(A) In addition to the information specified in § 4.12.020(B), the Administrator may require such other information as the Administrator may in his or her discretion deem desirable, reasonable or appropriate to the consideration of the application. The applicant shall file with the application responses to any additional questions as may be posed or prescribed by the Administrator.
(B) In addition to any other inquiries, conditions, or considerations required or permitted by law:
(1) Each location from which each applicant seeks to manufacture, traffic, or sell alcoholic beverages shall comply with applicable zoning laws, regulations, and restrictions;
(2) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the release of such information to the Administrator; and
(3) No license to sell alcoholic beverages shall be granted or renewed to any person who is delinquent in the payment of any taxes or fees due the city at the time of issuing the license, nor shall any license be granted or renewed to sell upon any premises or property, owned, or occupied by the licensee upon which there are any delinquent taxes or fees due the city. Further, if a licensee becomes delinquent in the payment of any taxes or any fees due the city at any time during the license period, the license to sell alcoholic beverages shall be subject to revocation or suspension.
(C) (1) No person, whether an applicant for a license, or a licensee, shall in any manner attempt to bribe, threaten, unduly influence, or intimidate the Administrator, or any member of his or her staff, or any Commonwealth ABC Administrator or staff in any matter in which an application or proposed application for license, or procedure for revocation or suspension is pending before such officer.
(2) This section is not intended to stifle expressions of opinion, however, it is intended to make clear that the ABC Administrators are public officials charged with the administration and enforcement of the law, both local and state. Any person applying for a license, or contesting the revocation or suspension of a license who engages in attempted bribes, threats, attempted undue influence, or intimidation of a City or Commonwealth ABC Administrator or staff, shall be disqualified from receiving or retaining a license, in addition to other penalties as provided by law.
(3) The procedures for appeals shall apply to disqualifications, revocations, or suspensions under this section. This section shall not be interpreted to prohibit monetary settlements in lieu of revocation or suspension of any license after a final order or revocation or suspension, where the ordinance and applicable statutes allow for such payments in settlement.
(D) No person shall become a licensee under KRS 243.020 to 243.670 or this title, if he or she:
(1) 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;
(2) Has been convicted of any misdemeanor described under 218A.060, 218A.080, 218A.100 or 218A.120 within two years immediately preceding the application;
(3) Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages within two years immediately preceding the application;
(4) Is under the age of 21 years;
(5) Has had any license issued which relates to the manufacture, distribution, sale, or transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute or regulation relating to the manufacture, distribution, sale, or transportation of alcoholic beverages, until the expiration of two years from the date of the revocation or conviction; or
(6) Is not a citizen of the United States and has not had an actual, bona fide residence in the commonwealth for at least one year before the date on which his or her application for a license is made.
This division (D)(6) shall not apply to applicants for manufacturers’ licenses, to applicants that are corporations authorized to do business in the commonwealth, or to persons licensed on March 7, 1938.
(E) A partnership, limited partnership, limited liability company, or corporation shall not be licensed if:
(1) Any stockholder of a private corporation, stockholder of a public corporation holding 10% or more of issued stock, partner, limited partner, or member or any director, principal officer, or manager of the same that does not qualify under division (D) above;
(2) It has had any license relating to the manufacture, sale, or transportation of alcoholic beverages revoked for cause or has been convicted of a violation of any statute relating to the manufacture, sale, or transportation of alcoholic beverages, until the expiration of two years from the date of the revocation or conviction; or
(3) 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 statute, until the expiration of the later of two years from the date of the revocation or two years from the date of conviction.
(Ord. 2014-03, passed 4-15-2014)
All city licenses shall be in such form as may be prescribed by the City Council and shall contain:
(A) The name and address of the licensee;
(B) The number of the license;
(C) The type of the license;
(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.
(Ord. 2014-03, passed 4-15-2014)
(A) If, after a license has been issued, there is a change in any fact required to be set forth in the application, a verified amendment in writing giving notice of the change shall be filed with the Administrator within ten days of the change.
(B) As licenses issued by the city may be in the name of a partnership, a limited liability company, a corporation, or other business organization, it is necessary that ownership changes in such organizations be reported to the Administrator. The Administrator can, therefor, investigate the person or entity to which ownership or management is transferred in order to ascertain whether that person or entity is precluded by statute, regulation, or this title from holding an interest in an alcoholic beverage license.
(C) (1) With regard to any partnership, limited partnership, corporation, limited liability company, or other business organization as used herein, the word
CHANGE is construed to include any change in any manager, partner, or limited liability company membership, any director or officer of the corporation, or change in ownership or stock whereby any person or entity secures 10% or more of ownership interest or stock. Transfer of 10% or more of the total ownership or stock shall require a new license.
(2) The following information will be required concerning any new stockholder, partner, member, new manager, director, officer, or person securing any interest in any alcoholic beverage license:
(a) Name and address;
(b) Nature of interest;
(c) Whether or not a citizen of the United States;
(d) Date of birth;
(e) Date residence was established in the commonwealth, if a resident of the commonwealth. If a resident of the city, indicate when residence was established;
(f) Whether or not he or she has any interest in any other license or in any limited liability company. corporation, partnership, or other business organization holding a license;
(g) Extent of stock or company ownership; and
(h) Whether or not he or she has any interest in any license or in any limited liability company, corporation, partnership, or other business organization holding a license in any other state or province.
(D) (1) Information under divisions (A) through (C) above shall be filed with the Administrator as a verified amendment of the application pursuant to which the license was granted.
(2) Filing shall be made ten days of any change of required information.
(Ord. 2014-03, passed 4-15-2014)
(A) (1) Every year each licensee shall renew its license and all renewal licenses must be on file with the Administrator no less than 30 days prior to the expiration of the license for the preceding license period or the same shall be canceled, except where the licensee is unable to continue in business at the same premises licensed during the preceding license period as a result of construction, act of God, casualty, death, the acquisition or threatened acquisition of the premises by any federal, state, city, or other governmental agency possessing power of eminent domain, whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing lease; provided, that said licensee shall file a written verified statement no less than 20 days from the expiration date of the license, setting forth such facts, and the Administrator is hereby authorized to extend the time for filing of a renewal of such license for a reasonable length of time within the sound discretion of the Administrator; provided, however, such licensee shall pay a license fee from the expiration date of the former license or licenses.
(2) Said license fee shall not be payable until application is made for the transfer of said license to a new location.
(B) The renewal by the Administrator 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.
(Ord. 2014-03, passed 4-15-2014)
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