STATEMENT OF EMERGENCY

804 KAR 4:400E

 

††††† This emergency administrative regulation amends an existing regulation to incorporate new statutory changes into the basic license application for all alcoholic beverage licenses issues by the Department of Alcoholic Beverage Control. This emergency administrative regulation is necessary to implement the new licensing applications in a timely manner once the new alcoholic beverage license types become law, in accordance with the emergency clause enactment included in KRS 13A.190(1)(a)(3). This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation will be filed simultaneously with this emergency administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.

 

STEVEN L. BESHEAR, Governor

FREDERICK HIGDON, Chairman

LARRY R. BOND, Acting 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: July 15, 2014

††††† 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", July 2014[November 2013]; and

††††† (b) "Application for License Renewal", 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, Chairman

LARRY R. BOND, Acting Secretary

††††† APPROVED BY AGENCY: July 10, 2014

††††† FILED WITH LRC: July 15, 2014 at 9 a.m.

††††† CONTACT PERSON: Sam Crain, Paralegal Consultant, Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, phone (502) 564-4850, fax (502) 564-7479.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Sam Crain

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This regulation incorporates the basic application for an alcoholic beverage license by reference.

††††† (b) The necessity of this administrative regulation: KRS 241.060(1) authorized the board to promulgate administrative regulations governing procedures relative to the applications for and revocation of licenses.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 241.060(1) authorizes the board to promulgate administrative regulations. KRS 243.380(2) and 243.390 require the board to promulgate an administrative regulation to establish the license application form.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes. This administrative regulation incorporates the basic application for an alcoholic beverage license, as required by KRS 241.060(1).

††††† (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: This amendment ensures the Basic Application complies with legislative changes that occurred during the 2014 General Assembly. This amendment further adds an applicant affidavit to the basic application, and makes various changes to streamline the application.

††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to comply with legislation enacted during by the 2014 General Assembly. This amendment also informs applicants that the information they provide must be truthful and correct, under threat of perjury.

††††† (c) How the amendment conforms to the content of the authorizing statutes: KRS 241.060(1) authorizes the board to promulgate administrative regulations. KRS 243.380(2) and 243.390 require the board to promulgate an administrative regulation to establish the license application form.

††††† (d) How the amendment will assist in the effective administration of the statutes: This amendment will ensure that the basic application for alcoholic beverage licenses is compliant with new statutes when they become effective, as well as making the application easier for applicants to complete by streamlining the application.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation affects all applicants for an alcoholic beverage license.

††††† (4) Provide an analysis of how 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: Applicants for licenses that were affected by legislation enacted during the 2014 General Assembly will have to answer additional questions, in compliance with new statute changes. All applicants will be required to complete the applicant affidavit.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): N/A

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): N/A

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

††††† (a) Initially: None.

††††† (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 for the implement the 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 implement this administrative regulation.

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

††††† (9) TIERING: Is tiering applied? No tiering is applied. There are no costs associated with administering this administrative regulation.

 

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 state or local entity affected by this amendment.

††††† 2. Identify each state or federal statute or federal regulation that requires of authorizes the action taken by the administrative regulation. KRS 241.060 authorizes the Alcoholic Beverage Control Board to promulgate administrative regulations related to alcoholic beverage licenses.

††††† 3. Estimate the effect of this administrative regulation on the expenditures of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation will be in effect. There will be no effect on revenue or expenditures.

††††† (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? N/A

††††† (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? N/A

††††† (c) How much will it cost to administer this program for the first year? N/A

††††† (d) How much will it cost to administer this program for subsequent years? N/A

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

††††† Revenue (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: