(A) License required.
(1) No person shall sell, deal or traffic in any of the following without having procured a license as provided by ordinance, or without complying with all statutes, ordinances and regulations applicable hereto.
(a) Retail dealer of malt beverages, whether by the package or by the drink;
(b) Distributor of malt beverages;
(c) Rectifier or blender of distilled spirits or vine;
(d) Wholesaler of distilled spirits, malt beverages or wines; with premises in the city;
(e) Retailer of wine or distilled spirits, whether by the package or by the drink;
(f) Activities for which special temporary licenses are authorized;
(g) Operation of a private club, as defined in state law which traffics in malt beverages, distilled spirits and wine for consumption on the premises.
(2) Any person violating any of the provisions of division (A) shall be deemed guilty of a Class B misdemeanor. Each sale, each dealing or each trafficking without the required license shall constitute a separate offense.
(B) Application for license. Applications for the issuance of new licenses shall be in writing and only upon forms provided by the Department of Alcoholic Beverage Control, Commonwealth of Kentucky. The applicant for a new license shall have caused to be published in a newspaper of general circulation in the city at least once before such application is filed a concise advertisement stating the name and address of the applicant, the name and address of the business, the type of license applied for, and the date by which the application will be made.
(C) Sworn information to be contained in application. Application for a license to sell, deal or traffic in alcoholic beverages shall be made in writing, properly subscribed and sworn to before a notary public or other officer authorized to administer an oath.
(D) Local administrator to approve application first. Before being eligible to apply for a state license an applicant’s city license for manufacturing, sale or transportation of alcoholic beverages must have been approved by the City Administrator.
(E) Payment of delinquent taxes prerequisite to issuance. No license to sell alcoholic beverages shall be granted to any person who is delinquent in the payment of any taxes due to the city at the time of issuing the license; nor shall any license be granted to sell upon any premises or property, owned and occupied by the licensee, upon which there are any delinquent taxes due the city. In such cases, if taxes due the city for any taxing period prior to the date of the application for a license are unpaid and delinquent upon the property or premises upon which a license to sell is sought, the Alcoholic Beverage Administrator may, at his or her discretion, approve a license to sell after receiving from the Finance Director a written statement to the effect that the applicant for the license has paid or has made arrangements with the Finance Director satisfactory to him or her for taking care of the indebtedness represented by the unpaid and delinquent taxes above referred to. This section shall apply only to taxes which are due and payable by the licensee.
(F) Issuance of city licenses. Upon the approval of the application, the applicant shall pay the amount of the license fee provided in this subchapter, within the time prescribed in this subchapter to the Finance Department who shall issue the license.
(G) Persons who may not be licensed.
(1) A natural person shall not become a licensee under the provisions of this chapter if he or she:
(a) 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;
(b) Has been convicted of any misdemeanor described under KRS 218A.050 through KRS 218A.130, inclusive, in the two years immediately preceding the application;
(c) Has been convicted of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages in the two years immediately preceding the application:
(d) Is under the age of 21 years;
(e) Has had any license issued under this 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 two years from the date of the revocation or conviction; or
(f) Is not a citizen of the United Stales and has not had an actual, bona fide residence in this state for at least one year before the date on which his or her application for a license is made.
(2) A partnership, limited partnership, limited liability company, corporation, or other business entity shall not be licensed if:
(a) Each of the members, directors, principal officers, and managers does not qualify under division (G)(1)(a) through (d) of this section;
(b) It has had any license issued under this 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 two years from the date of the revocation or conviction; or
(c) Any of the members, directors, managers, or principal officers 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.
(H) Expiration date; renewal of licenses. All licenses, except special temporary licenses and state multiple license holders issued under this subchapter shall expire on April 30th of each year and the fees thereof shall be due and payable on or before May 1st of each year. State multiple license holders shall be known as “batch” licensees. All batch licenses shall expire on August 31st of each year and the fees thereof shall be due and payable on or before September 1 of each year.
(I) Special temporary license. The City Alcoholic Beverage Administrator may, in his or her sound discretion, approve a special temporary retail drink license to any person who is qualified for such a license in accordance with the provisions of KRS 243.260. The fee for such license shall be $108.33 for each month or part of month for which the temporary license is issued.
(J) Special private club license. A special private club license may be issued to any non-profit social, fraternal, military or political organization or club, which for more than one year prior to the date of application has maintained and operated a club room or rooms from which the general public is excluded. This license shall authorize the licensee to exercise the privilege of a distilled spirits and wine retail drink license at the designated premises if the general public is excluded. All restrictions and prohibitions applying to a distilled spirits and wine retail drink license shall apply to a special private club license.
(K) Transfer of assignment of license without authorization prohibited. No license issued under KRS 243.020 to 243.670 to any person for any licensed premises shall be transferable or assignable to any other person or to any other premises, unless a transfer or assignment is authorized by the State Administrator in the exercise of his or her sound discretion under KRS 243.640 to 243.650. If this is so approved, a payment of $50 shall be made to the Finance Director.
(L) Transfer of license to other premises. In case of destruction by an act of God, or casualty for which the licensee was not responsible, of premises for which a license under KRS 243.020 to 243.670 has been issued, the State Administrator who issued the license may, if in his or her discretion such action is necessary to attain justice change the license to authorize continuance of business at other premises. No such transfer shall be made unless the licensee had filed a written verified statement of the reasons for the necessity of transfer. If the transfer is made, the State Administrator shall endorse a description of the new premises upon the license and shall date and sign the endorsement.
(M) Posting of license.
(1) Before commencing or doing any business for the time for which a license has been issued, the license shall be posted and at all times displayed in a conspicuous place in the room or principal room where the business is carried on, so that all persons visiting the place may readily see the license. Licenses shall be enclosed in a wood or metal frame enclosing a clear glass space so that the whole license may be seen.
(2) No licensee shall post the license or permit it to be posted, upon premises other than the licenses premises or upon premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, or knowingly deface, destroy or alter the license in any respect.
(N) Lost or destroyed licenses. When the license shall be lost or destroyed without fault on the part of the holder of the license or his or her agent or employee, a duplicate in lieu of the original license shall be issued by Finance Director after the Finance Director is satisfied as to the facts; however, the person applying for the duplicate license shall pay a fee of $10 for issuing the duplicate.
(O) Sales only at place specified in license. No license issued pursuant to this subchapter shall authorize the sale of alcoholic beverages of any kind at more than one place, which shall be specified in the license, and a separate license must be taken out for each place in which any alcoholic beverages are proposed to be sold.
(P) Distilled spirits, malt beverage, and wine licenses; kinds; fees. The following kinds of distilled spirits, malt beverages, and wine licenses may be issued, the fees for which shall be:
Distiller’s license, per annum $500.00
Rectifier’s license, per annum $3,000.00
Wholesaler’s distilled spirits and wine license, per annum $3,000.00
Quota retail package license, per annum $716.62
Quota retail drink license, per annum $716.62
Special temporary license, per event $166.66
Nonquota type 1 retail drink license (includes distilled spirits, wine,
and malt beverages), per annum $2,000.00
Nonquota type 2 retail drink license (includes distilled spirits, wine,
and malt beverages), per annum $1,000.00
Nonquota type 3 retail drink license (includes distilled spirits, wine,
and malt beverages), per annum $300.00
Distilled spirits and wine special temporary auction license, per event $200.00
Special Sunday retail drink license, per annum $300.00
Caterer’s license, per annum $800.00
Bottling house or bottling house storage license, per annum $1,000.00
Malt beverage licenses as follows:
Brewer’s license, per annum $500.00
Microbrewery license, per annum $500.00
Malt beverage distributor’s license, per annum $400.00
Nonquota retail malt beverage package license issued to holder
of nonquota type 4 retail malt beverage drink license, per annum $50.00
All other nonquota retail malt beverage package license, per annum $200.00
Nonquota type 4 retail malt beverage drink license issued to
holder of nonquota retail malt beverage package license $50.00
All other nonquota type 4 retail malt beverage drink license, per annum $200.00
Malt beverage brew-on-premises license, per annum $100.00
Limited restaurant license (includes distilled spirits, wine, and malt beverages), per annum $1,200.00
Limited golf course license (includes distilled spirits, wine, and malt beverages), per annum $1,200.00
Supplemental bar license (per each supplemental bar issued to same licensee at the same premises, no charge after first five), per annum $716.62
(Q) Payment of license fee. The license fee for every license issued under this subchapter shall be payable by the person making application for the license and to whom the license is issued, and no other person shall pay for any license under this subchapter. A violation of this section shall require the revocation of the license, the fee for which was paid by another and also the revocation of the license, if any, of the person so paying for the license of another.
(R) Partial license fees; forfeiture; proportional payments in law.
(1) When a person applies for a license requires or authorized by this subchapter after July 1st of any year, he or she shall he charged, if the license is issued, a license fee equal to as many twelfths of the annual license fee as there are calendar months, including the month in which the license is granted until the following July 1st; except that no license shall be issued for a shorter period than six months. No abatement of license fees shall be permitted to any person who held a license of the same kind for the same premises in the preceding license period and who was actually doing business under the license during the last month of the preceding license period.
(2) The proportionate part of the license fee prescribed shall be paid in advance at the time the application therefore shall be made and the license issued as herein provided for. If any license is revoked or cancelled for any reason by the City Alcoholic Beverage Administrator, the licensee shall forfeit any and all claims which he or she might otherwise have had to any portion of the license fee paid by him or her upon the issuing of the license.
(3) Should any person after obtaining a license to carry on any of the businesses mentioned under this subchapter, be prohibited from conducting such business for the full term of the license because of any changes that may hereafter be made in the laws of the state with reference to intoxicating liquors, then the city shall refund to him or her the proportionate part of the license for the period during which he or she is prevented from carrying on the business.
(S) Revocation and/or suspension of licenses. Licenses issued under this subchapter may be revoked or suspended as spelled out in § 117.99.
(T) Disposition. All money derived from the collection of license fees or the forfeiture of bonds, pursuant to this subchapter, shall be paid into and become part of the general fund of the city government.
(Ord. 90-44, passed 12-4-90; Am. Ord. 01-23, passed 6-26-01; Am. Ord. 10-01, passed 2-23-10; Am. Ord. 14-02, passed 2-11-14; Am. Ord. 21-22, passed 9-14-21) Penalty, see §
117.99
Statutory reference:
Similar provisions, see KRS 243.020, 243.360, 243.390, 243.370, 243.100, 243.090, 243.270, 243.630 - 243.640, 243.650, 243.620, 243.070, 243.040, 243.670, 243.090