PUBLIC PROTECTION CABINET

Department of Alcoholic Beverage Control

(Amendment)

 

      804 KAR 4:410. Special applications and registration forms incorporated by reference.

 

      RELATES TO: KRS 241.060(1)

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

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate reasonable administrative regulations governing procedures relative to the applications for licensing. This administrative regulation incorporates by reference special application forms for specific licenses and required registration forms.

 

      Section 1. Special application forms. An applicant applying for an alcoholic beverage license not included in 804 KAR 4:400 shall complete and submit to the Department of Alcoholic Beverage Control the applicable special application form for the specific license type for which the application is made. The special application forms are listed below:

      (1) Special Agent/Solicitor, Out-of-State Producer/Supplier of Distilled Spirits/Wine, Out-of-State Producer/Supplier of Malt Beverage Application;

      (2) Special Temporary License Application;

      (3) Supplemental License Application; or

      (4) Distiller’s License: Change of License Application.

 

      Section 2. Registration Forms. An applicable licensee shall complete and submit the following registration forms:

      (1) Microbrewer’s Retail Gross Receipts Report to Distributor to be submitted to the Department of Revenue; or

      (2) Product Registration Online to be completed electronically at:

      (a) https://www.productregistrationonline.com/GetStarted/Ky#selectPermit;

      (b) https://www.productregistrationonline.com/distributor/login; or

      (c) https://www.productregistrationonline.com/producer/login.

 

      Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Special Agent/Solicitor, Out-of-State Producer/Supplier of Distilled Spirits/Wine, Out-of-State Producer/Supplier of Malt Beverage Application", September 2014;

      (b) "Special Temporary License Application", September 2014;

      (c) "Supplemental License Application", June 2015[July 2014];

      (d) "Microbrewer’s Retail Gross Receipts Report to Distributor", June 2015[2013];

      (e) "Product Registration Online", September 2014;[and]

      (f) "Distiller’s License: Change of License Application", July 2014;

      (g) "Dormancy Request for Quota Retail Licenses", June 2013;

      (h) "Amendment to Application Authorization Form", July 2014;

      (i) "ABC Retailer Sampling Request", June 26, 2013;

      (j) "Request for Minors on Premises", June 2013;

      (k) "Affidavit of Ownership", June 2013;

      (l) "Affidavit of Non-Transfer", June 2013;

      (m) "Notice of Surrender of License(s)", June 2013;

      (n) "Request to Participate in the Master File Licensing Process";

      (o) "Application Request for Approval of Partial Transfer of Ownership to my Original Application", June 2013; and

      (p) "Remittance Form", 3/27/2015.

      (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 department’s Web site, http://www.abc.ky.gov.

 

FREDERICK A. HIGDON, Commissioner

AMBROSE WILSON IV, Secretary

      APPROVED BY AGENCY: July 10, 2015

      FILED WITH LRC: July 10, 2015 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD:      A public hearing on this administrative regulation shall be held on August 27, 2015 at 9:30 am 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 August 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 incorporates by reference special application forms for specific licenses and required registration form.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to notify applicants and licensees of the forms used by the department.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 241.060 authorizes the board to promulgate administrative regulations relating to the licensing of alcoholic beverages.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes. This administrative regulation will assist applicants and licensees in determining which forms the department uses in the alcoholic beverage licensing process.

      (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 incorporates forms the department uses and specifically changes the tax rate on the Microbrewer’s Retail Gross Receipts Report to Distributor.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to comply with statutory changes.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms with the tax rate specified in KRS 243.884.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will bring the department’s form into compliance with the rate specified in KRS 243.884.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All microbrewery 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 complete the Microbrewer’s Retail Gross Receipts Report to Distributors form, a process they are already required to complete.

      (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):     The tax rate is less than it was previously, so the licensees benefit from that tax rate change.

      (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 and the Department of Revenue are expected to be impacted by this 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 and KRS 243.884 sets the tax rate.

      (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. This amendment changes the tax rate licensees pay to the Department of Revenue.

      (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? The revenue generated is dependent on the sales of the microbrewers.

      (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? The revenue generated is dependent on the sales of the microbrewers.

      (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 (+/-): This amendment changes the tax rate listed on a form generated by the Department of Alcoholic Beverage Control. The tax amount is set by statute (KRS 243.884) and the tax is paid directly to the Department of Revenue. The amount of revenue generated by the tax is wholly dependent on the sales of the microbrewers and is not likely to be a static number.

      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.