PUBLIC PROTECTION CABINET

Department of Alcoholic Beverage Control

(Amendment)

 

††††† 804 KAR 4:410. Product registration and forms[Special applications and registration forms incorporated by reference].

 

††††† RELATES TO: KRS 13A.110, 241.060(1), 243.380, 243.390

††††† STATUTORY AUTHORITY: KRS 241.060(1), 243.380, 243.390, 244.440, 244.585

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate[reasonable] administrative regulations regarding matters over which the board has jurisdiction. KRS 244.440 and KRS 244.585 require producers and importers to register product brands and flavors before offered for sale in the state. KRS 13A.110 provides that the board shall include, in regulation, all forms which the department requires to be completed and filed[governing procedures relative to the applications for licensing]. This administrative regulation prescribes product registrations and forms utilized by the department[incorporates by reference additional application forms for specific licenses and required registration forms].

 

††††† Section 1. Product Registration. Licensees required to register product brands and flavors shall use the Online Product Registration Portal to complete the online registration process at:[Additional 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 additional application form for the specific license type for which the application is made. The additional application forms are listed below:

(1) Transporter/Solicitor/Out-Of-State Application;

(2) Special Temporary License Application;

(3) Supplemental License Application; or

(4) Rectifierís License: Change of License Application.

Section 2. Registration Forms. If applicable, a licensee shall complete and submit the Product Registration Online form. The form shall be completed electronically at]

https://www.productregistrationonline.com/GetStarted/Ky#selectPermit.

 

††††† Section 2[3].[Additional] Forms. A person[An applicable licensee] shall complete and submit the following additional forms as needed or requested by the department:

††††† (1) Dormancy Request Form;

††††† (2) Non-Transfer Affidavit Form;

††††† (3) Credit/Debit Payment Form;

††††† (4) Refund Request Form;

††††† (5) Law Book Order Form;

††††† (6) Speaker Request Form;

††††† (7) Minors on Premises Request Form; and

††††† (8) Private Event Request Form[for Quota Retail Licenses;

(2) Amendment to Application Authorization Form;

(3) ABC Retailer Sampling Notification;

(4) Request for Minors on Premises;

(5) Affidavit of Ownership;

(6) Affidavit of Non-Transfer;

(7) Notice of Surrender of License(s);

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

(9) Application Request for Approval of Partial Transfer of Ownership to my Original License Application;

(10) Remittance Form;

(11) Order Form; or

(12) Presentation/Speaker Request Form].

 

††††† Section 3[4]. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Online Product Registration Portal", June 2017;

††††† (b) "Dormancy Request Form", June 2017;

††††† (c) "Non-Transfer Affidavit Form", June 2017;

††††† (d) "Credit/Debit Payment Form", June 2017;

††††† (e) "Refund Request Form", June 2017;

††††† (f) "Law Book Order Form", June 2017

††††† (g) "Speaker Request Form", June 2017;

††††† (h) "Minors on Premises Request Form", June 2017; and

††††† (i) "Private Event Request Form", June 2017["Transporter/Solicitor/Out-Of-State Application", July 2016;

(b) "Special Temporary License Application", September 2016;

(c) "Supplemental License Application", September 2016;

(d) "Presentation/Speaker Request Form", March 2016;

(e) "Product Registration Online", September 2014;

(f) "Rectifierís License: Change of License Application", June 2016;

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

(h) "Amendment to Application Authorization Form", May 2016;

(i) "ABC Retailer Sampling Notification", September 2016;

(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", June 2013;

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

(p) "Remittance Form", February 2016; and

(q) "Order Form", 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 departmentís Web site: http://www.abc.ky.gov.

 

CHRISTINE TROUT, Commissioner

DAVID A. DICKERSON, Secretary

††††† APPROVED BY AGENCY: June 29, 2017

††††† FILED WITH LRC: June 29, 2017 at 3 p.m.†††††

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2017 at 1:15 pm 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 11:59 p.m. on August 31, 2017. 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: Heather Mercadante, Executive Advisor, Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, phone (502) 564-4850, fax (502) 564-7479, email Heather.Mercadante@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Heather Mercadante

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation identifies and incorporates forms utilized by the department.

††††† (b) The necessity of this administrative regulation: KRS 244.440 and KRS 244.585 require producers and importers to register product brands and flavors before offered for sale in the state. KRS 13A.110 provides that the board shall include in regulation all forms which the department requires to be completed and filed. This administrative regulation prescribes product registrations and forms utilized by the department.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 241.060(1) authorizes the board to promulgate administrative regulations relating to the licensing and supervision and control of alcoholic beverages. KRS 13A.110 provides that the board shall include, in regulation, all forms which the department requires to be completed and filed.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation allows the department to comply with statutory duties to incorporate required forms into regulation and ensure that all alcoholic beverage products are properly registered with the state.

††††† (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 administrative regulation currently contains both applications and forms used by the department. A proposed amendment to 804 KAR 4:400 moves all applications to that regulation so that only forms are referenced in this regulation. Specifically, the departmentís proposed amendments move the following to 804 KAR 4:400: (i) Transporter/Solicitor/Out-Of-State License Application(s); (ii) Special Temporary License Application; (iii) Supplemental License Application; and (iv) Application Request for Approval of Partial Transfer of Ownership to my Original License Application. As part of the Red Tape Reduction Initiative, the department closely examined all forms used by the agency and this amendment removes unnecessary forms.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to organize the applications and forms in a more logical manner. In combination with the amendments to 804 KAR 4:400, the proposed amendments to this regulation provide a more user-friendly regulatory scheme so that persons can locate needed applications and forms more easily. The amendment also benefits consumers by eliminating unnecessary "red tape" forms.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The department is authorized to promulgate administrative regulations pursuant to KRS 241.060(1).

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment makes the forms more accessible and user-friendly.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The Department of Alcoholic Beverage Control and all holders of 16,000 plus licenses and potential 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: There are no new actions to be taken by licensees or the department as a result of this amendment.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no increased cost to any of the identified entities as a result of this amendment.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This amendment will provide a more user-friendly regulatory scheme.

††††† (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 as a result of this amendment.

††††† (b) On a continuing basis: No extra costs are anticipated as a result of this amendment.

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

††††† (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 for this amendment.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increased any fees: This amendment does not directly or indirectly establish or 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. There is no anticipated effect to expenditures or revenues as a result of the amendment.

††††† (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? This amendment is not expected to generate any revenue.

††††† (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? There is no anticipated cost to administer the change to this regulation.

††††† (d) How much will it cost to administer this program for subsequent years? There is no anticipated change in cost to administer this amendment.

††††† 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: There is no anticipated fiscal impact as a result of this amendment.