PUBLIC PROTECTION CABINET

Department of Alcoholic Beverage Control

(Amendment)

 

††††† 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.[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 renew in the month of April.

 

††††† Section 4.[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 renew in the month of June.

 

††††† Section 5.[4.] All licenses in Jefferson County shall renew in the month of October.

 

††††† Section 6.[5.] All licenses in Boone, Campbell, Fayette, and Kenton Counties shall renew in the month of November.

 

††††† Section 7.[6.] The license of a statewide or out-of-state licensee shall renew in December.

 

††††† Section 8.[7.] All batch renewals shall renew in August.

 

††††† Section 9.[8.] Unless a licensee notifies the department of its intent to renew premises licenses by batch[separately] as provided in Section 10[Sections 1 through 6] of this administrative regulation, a licensee that holds multiple licenses[a group license] that cover[covers] multiple premises shall renew its licenses using the license expiration date based on the county of each premises[at the same time].

 

††††† Section 10. A licensee that holds multiple licenses for more than two (2) premises shall be permitted to 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,[9. If a licensee that holds a group license that covers multiple premises wants to renew the premise licenses separately, the licensee shall notify the board, in writing, of its intent to renew each premises separately.] the licenses shall then be renewed in August[using the license expiration date based on the county of each premises], as provided in Section 8[Sections 1 through 5] of this administrative regulation.

 

††††† Section 11.[10.] A licensee that holds multiple licenses for more than two (2) premises[more than one (1) license] shall not be required to send a letter requesting that its licenses be renewed separately[or in a batch] unless the licensee wishes to change its current renewal schedule from batch to separate or from separate to batch.

 

††††† Section 12. All small farm winery, microbrewery, and Class B Craft distillerís licensees shall submit required production reports 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. Microbreweries shall submit copies of their federal Brewerís 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 prior to 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.

 

FREDERICK A. HIGDON, Commissioner

AMBROSE WILSON IV, Secretary

††††† APPROVED BY AGENCY: June 15, 2015

††††† FILED WITH LRC: June 15, 2015 at noon

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 28, 2015 at 1:00 p.m. Eastern Time at the Kentucky Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this Department in writing by five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through the end of the day on July 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

††††† CONTACT PERSON: Melissa McQueen, Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, phone (502) 782-7906, fax (502) 564-7479.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person:††† Melissa McQueen

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation sets forth a system for year-round renewals of alcoholic beverage licenses.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to comply with KRS 243.090.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 243.090 requires the department to establish a year-round system of license renewals.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes. This administrative regulation assists the department by distributing the workload of license renewals throughout the calendar year.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: The amendment specifies what documents are required to be submitted with the renewal application, as well as what conditions may result in non-renewal of a license and grants licensees a courtesy extension period to renew their licenses without having to reapply.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to comply with statutory changes as well as to codify department policy.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment continues the system of year-round license renewals and it will also assist the department in determining which licenses may or may not be renewed.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment continues the departmentís distribution of license renewal throughout the calendar year, as required by statute.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All licensees will be affected by this amendment.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The licensees will have to ensure that they are in compliance with the statutory requirements which pertain to their license in order for their license to be renewed.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are not expected to be any additional costs.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3):†††† There are no financial benefits to this administrative regulation amendment.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: No extra costs are anticipated to amend this administrative regulation.

††††† (b) On a continuing basis: None.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No funding is used to implement and enforce the amendment of this administrative regulation.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: There is no anticipated increase in fees or funding necessary to amend this administrative regulation.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increased any fees: This administrative regulation amendment does not directly or indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? No tiering is applied because this regulation applies equally to the regulated entities.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts or divisions of state or local government (including cities, counties, fire departments or school districts) will be impacted by this administrative regulation? There is no expected impact on any unit, part or division of state or local government.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 241.060(1) authorizes the board to promulgate administrative regulations and KRS 243.090 requires the department to establish a year-round system of license renewal.

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. Expenditures are not expected to increase. No revenue will be generated by this administrative regulation.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No revenue will be generated by this administrative regulation.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue will be generated by this administrative regulation.

††††† (c) How much will it cost to administer this program for the first year? The cost to administer this amendment should be minimal, if any.

††††† (d) How much will it cost to administer this program for subsequent years? The cost to administer this amendment should be minimal, if any.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation:

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: Additional costs to administer these regulatory changes at the local government level for this year or subsequent years should be minimal or none.