(A) (1) (a) Applicants to whom a license is issued pursuant to this title shall provide periodic information demonstrating compliance with the conditions of any license, such as, but not limited to, the continuing requirement that a minimum percentage of the applicants business income is earned from the sale of food.
(b) This documentation shall be provided on a schedule to be coordinated with the applicant’s quarterly regulatory fee filings.
(2) The city shall provide the form schedule to the licensee. The licensee’s acceptance of a license to manufacture or traffic in alcoholic beverages shall constitute consent to the filing of the quarterly report. In the case of caterer filing, the quarterly report shall identify each catered event by type of event, date, and address of the event, and shall provide a per event breakdown of sales and the ratio of food sales to alcohol sales during the reporting period.
(3) (a) This requirement for filing of reports notwithstanding, the city may at any time come upon the premises of any licensee and examine the books and records to determine whether the licensee is in compliance with all parts of this title, state law, and regulation.
(b) In the event the conditions of any license requirement are not met during any particular quarter, the Administrator shall have discretion in determining whether suspension or revocation is appropriate or whether the licensee may be allowed a reasonable period of time to reach compliance.
(4) If a good faith effort is demonstrated by the licensee, the Administrator may apply an accounting period of at least one year in determining whether or not the food sale percentage requirement has been met.
(B) (1) Every licensee subject to this title shall keep and maintain upon the licensed premises adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the ABC Board.
(2) Such books and records shall be available at all reasonable times for inspection by the Administrator and such city employees who may assist the Administrator in his or her review.
(C) For the purpose of assisting the Administrator in enforcement of this title, every licensee required to report to the ABC Board under KRS 243.850 shall provide a copy of such report to the Administrator. Copies of any and all reports and correspondences to the ABC Board required by statute or regulation shall also be furnished to the Administrator.
(Ord. 2014-03, passed 4-15-2014)