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 243.090(1) requires the Department of Alcoholic Beverage Control to establish a year-round system for renewal of licenses. This administrative regulation establishes the system for license renewal.

 

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

 

      Section 2. 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 renew in the month of January.

 

      Section 3. 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 renew in the month of April.

 

      Section 4. 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 renew in the month of June.

 

      Section 5. All licenses in Jefferson County shall renew in the month of October.

 

      Section 6. All licenses in Boone, Campbell, Fayette, and Kenton Counties shall renew in the month of November.

 

      Section 7. The license of a statewide or out-of-state licensee shall renew in December.

 

      Section 8. All batch renewals shall renew in August.

 

      Section 9. Unless a licensee notifies the department of its intent to renew premises licenses by batch as provided in Section 10 of this administrative regulation, a licensee that holds multiple licenses that cover multiple premises shall renew its licenses using the license expiration date based on the county of each premises.

 

      Section 10. A licensee that holds multiple licenses for more than two (2) premises may renew the licenses by batch at the same time. A licensee who wants to renew premises by batch shall notify the department in writing. Upon written notification, the licenses shall then be renewed in August, as provided in Section 8 of this administrative regulation.

 

      Section 11. A licensee that elects to do batch renewal may return to separate monthly renewal by sending a letter to the department requesting the change.

 

      Section 12. All small farm winery, microbrewery, and Class B Craft distiller’s licensees shall submit production reports required by 27 C.F.R. Part 19, 24, or 25 with their renewal application forms. Small farm wineries shall submit copies of their federal Report of Wine Premises Operation, TTB F 5120.17, for time periods identified on renewal application forms. These forms are available in accordance with 27 C.F.R. 19.15, 24.20, and 25.3. Microbreweries shall submit copies of their federal Brewer’s Report of Operations, TTB F 5130.9, for time periods identified on renewal application forms. Class B Craft Distilleries shall submit copies of their federal Monthly Report of Production Operations, TTB F 511.40, for time periods identified on renewal application forms.

 

      Section 13. The department may elect to not renew a license if the licensee exceeds a production limit for its license type or fails to meet food sales percentages required for its license type, or if renewal of the license would otherwise be contrary to law.

 

      Section 14. If a licensee fails to renew its license by the expiration date, the department shall grant not more than one (1) extension which 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 reapply for a new license. (31 Ky.R. 655; Am. 938; eff. 11-26-2004; 35 Ky.R. 1592; 1759; eff. 3-6-09; 40 Ky.R. 170; eff. 10-4-2013; 42 Ky.R. 126; 771; 1176; eff. 11-6-2015.)