(A) Insurance certificate. No license shall be issued under this article unless the applicant shall file with the application a certificate by an insurance company authorized to do business in the state, certifying that the applicant has, in force and effect, the insurance required by statute.
(B) Payment of fees; refunds. All such fees shall be paid to the City Clerk/Treasurer, at the time application is made. In the event the license applied for is denied, the fee shall be refunded. The refunds shall be made whether the payments were voluntary or involuntary or were made under protest or not.
(C) Record. The City Clerk/Treasurer shall keep a complete record of all such licenses issued and shall furnish the Chief of Police with a copy thereof; upon revocation or suspension of any license, the City Clerk/Treasurer shall immediately give written notice to the Chief of Police.
(D) Not subject to garnishment, etc., cessation upon death of licensee; bankruptcy. A license shall be a purely personal privilege, good for not to exceed one (1) year after issuance unless sooner revoked as provided in this article, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. The license shall cease upon the death of the licensee and shall not descend by the laws of the estate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic beverages may continue the business of the sale or manufacture of alcoholic beverages under the order of the appropriate court, and may exercise the privilege of the deceased or insolvent or bankrupt licensee after the death of the decedent, or such insolvency or bankruptcy, until the expiration of the license, but not longer than six (6) months after the death, bankruptcy, or insolvency of the licensee. A refund shall be made of that portion of the licensee fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this section.
(E) Change of location. A license issued pursuant to this article shall permit the sale of alcoholic beverages only in the premises described in the application and license. The location may be changed only when the written permit to make the change shall be issued by the City Manager. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter.
(F) Applicant subject to other regulations. Any applicant or any licensee pursuant to this article shall be subject to all code provisions and ordinances of the city, including, but not limited to, the applicable provisions of the building code, fire prevention code, health regulations, zoning ordinances, food handling ordinances, and restaurant ordinances.
(G) Investigations. The City Manager shall cause the Chief of Police, the building official, and fire chief to make due investigation of the application and premises to be licensed and upon being notified by them in writing that all of the applicable code provisions and ordinances of the city have been complied with, shall cause the license to be issued.
(H) Renewal. Any licensee may renew his license at the expiration thereof, provided that he is then qualified to receive a license and the premises for which the renewal license is sought are suitable for the purpose; provided, further, that the renewal privilege herein provided for shall not be construed as a vested right.
(1976 Code, § 3-18) (Am. Ord. 2013-14, passed 12-10-13)
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Cross reference:
Building code regulations, see Ch. 70
Fire prevention code, see Ch. 73
Zoning code, see Ch. 80
Statutory references:
Transfer of license, see KRS 243.630, et seq.
Continuation in business by representative of defunct licensee, see KRS 243.640