804 KAR 4:390. License renewals.

 

      RELATES TO: KRS 243.090(1)

      STATUTORY AUTHORITY: KRS 241.060(1), 243.090(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 243.090(1) requires the board to establish a year-round system for renewal of licenses. This administrative regulation establishes a year-round system for license renewals and attendant requirements.

 

      Section 1. Definition. "Batch renewal" means the simultaneous renewal of multiple licenses held by a licensee for more than two (2) premises.

 

      Section 2. Monthly Renewal Schedule. (1) All licenses in Ballard, Breckinridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Christian, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, Hickman, Larue, Livingston, Lyon, Marshall, McCracken, McLean, Meade, Metcalfe, Monroe, Ohio, Owen, Spencer, Trigg, Trimble, Union, and Webster Counties shall have an annual term beginning February 1 and ending January 31 of the following year and shall be renewed in the month of January by submitting the renewal application by January 31.

      (2) All licenses in Adair, Allen, Barren, Bath, Bell, Boyle, Breathitt, Casey, Clark, Clay, Clinton, Elliott, Estill, Fleming, Floyd, Garrard, Harlan, Harrison, Hopkins, Jackson, Jessamine, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lincoln, Logan, Madison, Magoffin, Marion, Martin, McCreary, Menifee, Mercer, Montgomery, Morgan, Muhlenberg, Nelson, Owsley, Perry, Powell, Pulaski, Rockcastle, Russell, Simpson, Taylor, Todd, Warren, Washington, Wayne, and Whitley Counties shall have an annual term beginning May 1 and ending April 30 of the following year and shall be renewed in the month of April by submitting the renewal application by April 30.

      (3) All licenses in Anderson, Bourbon, Boyd, Bracken, Carroll, Carter, Franklin, Gallatin, Grant, Greenup, Henry, Lewis, Mason, Nicholas, Oldham, Pendleton, Pike, Robertson, Rowan, Scott, Shelby, Wolfe, and Woodford Counties shall have an annual term beginning July 1 and ending June 30 of the following year and shall be renewed in the month of June by submitting the renewal application by June 30.

      (4) All licenses in Jefferson County shall have an annual term beginning November 1 and ending October 31 of the following year and shall be renewed in the month of October by submitting the renewal application by October 31.

      (5) All licenses in Boone, Campbell, Fayette, and Kenton Counties shall have an annual term beginning December 1 and ending November 30 of the following year and shall be renewed in the month of November by submitting the renewal application by November 30.

      (6) The license of a statewide or out-of-state licensee shall have an annual term beginning January 1 and ending December 31 of the same year and shall be renewed in December by submitting the renewal application by December 31.

 

      Section 3. Batch Renewals. (1) A licensee that holds multiple licenses for more than two (2) premises may renew the licenses by batch at the same time. To complete a batch renewal, a licensee shall notify the department in writing.

      (2) All batch renewals shall have an annual term beginning September 1 and ending August 31 of the following year and shall be renewed in August by submitting the renewal application by August 31.

      (3) Unless a licensee notifies the department of its intent to renew premises licenses by batch renewal, licenses shall be renewed pursuant to Section 2 of this administrative regulation.

 

      Section 4. Renewal of Producer Licenses with Maximum Production Limits. (1) The following licensees shall, for the dates identified on the renewal application, submit:

      (a) For Small Farm Wineries, the federal Report of Wine Premises Operation, TTB F 5120.17;

      (b) For Microbreweries, the federal Brewer’s Report of Operations, TTB F 5130.9;

      (c) For Class B Craft Distilleries, the federal Monthly Report of Production Operations, TTB F 5110.40; and

      (d) For Class B Craft Rectifiers, the federal Monthly Report of Processing Operations, TTB F 5110.28.

      (2) The department may deny a license renewal application if the licensee exceeds a production limit, fails to meet required food sales percentages, or if the license renewal would otherwise be contrary to law.

 

      Section 5. Renewal Grace Period. If a licensee fails to renew its license by the expiration date, the department shall grant not more than one (1) extension that shall not exceed thirty (30) days from the original expiration date. The licensee shall not conduct any activity related to alcoholic beverages during the extension. A license not renewed during the thirty (30) day extension period shall not be renewed thereafter for any reason, and the licensee shall apply for a new license. (31 Ky.R. 655; Am. 938; eff. 11-26-2004; 35 Ky.R. 1592; 1759; eff. 3-6-2009; 40 Ky.R. 170; eff. 10-4-2013; 42 Ky.R. 126; 771; 1176; eff. 11-6-2015; 43 Ky.R. 332, 545; eff. 11-4-2016; 44 Ky.R. 339; eff. 11-3-2017.)