STATEMENT OF EMERGENCY

804 KAR 4:400E

 

††††† This emergency administrative regulation is being promulgated to comply with KRS 243.110 as it relates to incompatibility of licenses. This action must be taken on an emergency basis in accordance with KRS 13A.190(1)(a)(3) to meet a deadline for the promulgation of an administrative regulation that is established by state law. Failure to enact this administrative regulation on an emergency basis in accordance with KRS 13A.190(1)(a)(3) compromises the departmentís ability to comply with the provisions of KRS 243.110 on the date that the Act becomes effective as law (June 25, 2015), thereby interfering with the boardís ability to act quickly in its efforts to address any incompatible license types before the next renewal date following the change in statute. This emergency administrative regulation shall be replaced by an ordinary administrative regulation to be concurrently filed with the Regulations Compiler. The ordinary administrative regulation is identical to this emergency administrative regulation.

 

STEVEN L. BESHEAR, Governor

FREDERICK A. HIGDON, Commissioner

AMBROSE WILSON IV, Secretary

†††††

PUBLIC PROTECTION CABINET

Department of Alcoholic Beverage Control

(Emergency Amendment)

 

††††† 804 KAR 4:400E. ABC basic application and renewal form incorporated by reference.

 

††††† RELATES TO: KRS 164.772, 241.060(1), 243.090, 243.380, 243.390

††††† STATUTORY AUTHORITY: KRS 241.060(1), 243.380, 243.390

††††† EFFECTIVE: June 23, 2015

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate reasonable administrative regulations governing procedures relative to the applications for and revocation of licenses. KRS 243.380(2) and 243.390 require the board to promulgate an administrative regulation to establish the license application form. This administrative regulation prescribes the basic forms to be used to apply for and renew an alcoholic beverage license.

 

††††† Section 1. An applicant for an alcoholic beverage license shall complete and submit to the Department of Alcoholic Beverage Control the Basic Application for Alcoholic Beverage License, with the exception of an applicant for:

††††† (1) A special agent/solicitor license, out-of-state producer/supplier of distilled spirits/wine license, or out-of-state producer/supplier of malt beverage license;

††††† (2) A temporary license; or

††††† (3) An extended hours, supplemental bar, special Sunday, or sampling license.

 

††††† Section 2. In addition to the Basic Application for Alcoholic Beverage License required by Section 1 of this administrative regulation, an applicant shall complete and submit to the Department of Alcoholic Beverage Control the special application form required by 804 KAR 4:410 if applicable.

 

††††† Section 3. A licensee who is renewing a license pursuant to KRS 243.090 shall complete and submit to the Department of Alcoholic Beverage Control the Application for License Renewal.

 

††††† Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Basic Application for Alcoholic Beverage License", June 2015[September 2014]; and

††††† (b) "Application for License Renewal", June 2015[February 2014].

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the departmentís Web site, http://www.abc.ky.gov/.

 

FREDERICK A. HIGDON, Commissioner

AMBROSE WILSON IV, Secretary

††††† APPROVED BY AGENCY: June 23, 2015

††††† FILED WITH LRC: June 23, 2015 at 3 p.m.

††††† 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 incorporates the forms the department uses to issue and renew alcoholic beverage licenses.

††††† (b) The necessity of this administrative regulation: This regulation is necessary because the department is required by statute to set forth what information is needed to obtain or renew an alcoholic beverage license.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 243.380 and 243.390 require the department to set forth what information is required to obtain or renew a license.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes. This administrative regulation clarifies what information needs to be provided to the department in order to obtain or renew an alcoholic beverage license. By incorporating the application and renewal application, the information that is required to apply for, or renew, an alcoholic beverage license is ascertainable.

††††† (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: It replaces the prior renewal form with the current version, which has had questions added to it. The basic application was also amended to add a few additional questions and this amendment will replace the old application with a revised version.

††††† (b) The necessity of the amendment to this administrative regulation: The renewal application needed to be amended to reflect current statutory changes and the amended form needs to be incorporated into the administrative regulation.

††††† (c) How the amendment conforms to the content of the authorizing statutes: KRS 243.380 and 243.390 require the department to set forth what information is required to obtain or renew a license.

††††† (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation clarifies what information needs to be provided to the department in order to obtain or renew an alcoholic beverage license. By incorporating the application and renewal application, the information that is required to apply for, or renew, an alcoholic beverage license is ascertainable.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Any person or entity who wishes to obtain or renew an alcoholic beverage license will be affected by this administrative regulation.

††††† (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 required actions are no different than the process the licensees and applicants currently follow to obtain or renew an alcoholic beverage license. They will have to complete and submit the application as they are currently required to do.

††††† (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? The Department of Alcoholic Beverage Control is the only government agency expected to be impacted by this administrative regulation.

††††† (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.

††††† (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.