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(A) Any license may be revoked or suspended by the Administrator if the licensee shall have violated any of the provisions of KRS Chs. 241 through 244, or any rule or regulation of the ABC Board, or of the Department of Revenue relating to the regulation of the manufacture, sale, or transportation or taxation of alcoholic beverages, or if such licensee shall have violated or shall violate any act of Congress or any rule or regulation of any federal board, agency, or commission, or this title, now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale, or transportation or taxation of intoxicating liquors or any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Chs. 241 through 244 to be created, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his or her instructions, or any such license may be revoked or suspended for any cause which the Administrator, in the exercise of his or her sound discretion, deems sufficient.
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revocation, including notice of the reasons for such proposed action. The licensee shall be given an opportunity to be heard in opposition to the proposed revocation or suspension. The notice of proposed action shall advise the licensee of the date, time, and place of the hearing. Notice shall be sufficient if mailed to the licensee at the address shown in the last application for a license or in the last statement supplemental to or in amendment of the application, whether or not the mailing is receipted for or claimed.
(B) The specific procedures to be followed in hearings on actions for revocation or suspension shall be prescribed by the City Council by municipal order. Such order shall be maintained on file in the office of the Administrator and a copy furnished with any notice of proposed revocation or suspension sent to a licensee. If the City Council shall fail to adopt such municipal order, the procedures shall be those set out in the Commonwealth Administrative Procedure Act (KRS Ch. 13B).
(C) A decision of the Administrator revoking or suspending a license may be appealed as provided in KRS 241.200 and KRS 243.550.
(D) (1) Within three days after any order of revocation or suspension of a license becomes final; notice of revocation shall be given to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his or her license to the Administrator.
(2) If the revoked or suspended license is not forthwith surrendered by the licensee, the Chief of Police at the request of the Administrator shall immediately cause one of his or her officers to take physical possession of the license and return it to the Administrator.
(E) Appeals from the decision of the Administrator revoking or suspending a license shall be to the ABC Board. The timely filing of an appeal shall stay further proceedings for revocation.
(F) If a license is revoked or suspended by an order of the Administrator, and the decision is not appealed, the licensee shall at once suspend all operations authorized under his or her license. Upon the entry of a final order of the ABC Board sustaining or ordering revocation or suspension on appeal, the licensee shall at once suspend all operations authorized under his or her license.
(Ord. 2014-03, passed 4-15-2014)
(A) The Administrator may refuse to issue or renew a license for any of the following reasons:
(1) 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 regarding alcohol beverage licensing, sales, or the administration thereof;
(2) If the applicant has done any act for which suspension or revocation of any alcohol beverage license would be authorized; or
(3) If the applicant has made any false material statement in his or her application.
(B) In the case of quota licenses, before approving an application, the Administrator is hereby directed to consider, in addition to the factors set out in KRS 243.450, KRS 243.490, and KRS 243.500, and any other factors the Administrator determines in his or her discretion to be reasonable and pertinent to the license application, the following criteria:
(1) Ownership. The city places great value on business owners who are invested in the community;
(2) Economic impact. The city desires businesses which make the most positive impact on the community, in number of jobs, payroll, property investment, and revenues to the city;
(3) Site of business. The city is interested in serving all geographic areas of the city. Therefore, the city does not wish to cluster all licensed ABC outlets in one area;
(4) Aesthetics. The city is committed to protecting the character and beauty of our community;
(5) Capital. The city values businesses that demonstrate their ability to financially support and sustain their viability; and
(6) Public support of licensed business in the area. The city intends that public sentiment and safety be considered in deciding upon the approval of retail liquor sales licenses in any area of the city.
(C) An applicant who has been refused a license by the Administrator may appeal the refusal to the ABC Board pursuant to KRS 241.200.
(Ord. 2014-03, passed 4-15-2014)
(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)
(A) It is necessary that a licensee actually conduct the business authorized by such a license or else the license will be declared dormant and become null and void alter 90 days. Such is the intent of this section.
(B) Realizing that a licensee, like other business, may have his or her business interrupted by situations not under his or her control, various exceptions to the dormancy rule have been included in this section.
(1) Any license under which no business is transacted during a period of 90 days shall be deemed inactive, and, unless the conditions set forth in division (B)(2) below are proved to the satisfaction of the Administrator, the license shall be surrendered to the Administrator. If the license is not voluntarily surrendered, it shall be revoked by the Administrator.
(2) (a) A license may not be considered dormant and declared null and void under this section if any licensee who is unable to continue in business at the premises for which a license is issued due to construction, an act of God, casualty, death, the acquisition of the premises by any federal, state, city or other governmental agency under power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew an existing lease; provided, however that prior to the expiration of 90 days of inactivity, such licensee shall furnish to the Administrator a verified statement setting forth the fact that the licensee is unable to continue in business, for any of the specific reasons set forth herein, and the Administrator may grant an extension of the dormancy with the license continuing to remain in effect during the license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during said period; provided, in addition, however, that no such license shall be considered valid unless business is conducted there under within 12 months from the date of notice to the Administrator.
(b) Such extension may not extend beyond the renewal date but may be for such times as the Administrator deems appropriate in the exercise of his or her sound discretion.
(Ord. 2014-03, passed 4-15-2014)