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, 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;[or]

      (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;

      (2) ABC Form 714 to be submitted to the Department of Alcoholic Beverage Control; or

      (3) ABC Form 715 to be submitted to the Department of Alcoholic Beverage Control.

 

      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", July 2014[December, 2013];

      (b) "Special Temporary License Application", July 2014[December, 2013];

      (c) "Supplemental License Application", July 2014[December, 2013];

      (d) “Microbrewer’s Retail Gross Receipts Report to Distributor”, June 2013;

      (e) "ABC Form 714", July 2014[June 2013]; [and]

      (f) "ABC Form 715", July 2014[June 2013]; and

      (g) “Distiller’s License: Change of License Application”, July 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 department’s Web site, http://www.abc.ky.gov.

 

FREDERICK A. HIGDON, Commissioner

LARRY R. BOND, Acting Secretary

      APPROVED BY AGENCY: July 10, 2014

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

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2014, at 9 a.m., EDT, 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 August 15, 2014, five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by this date, the hearing may be cancelled. 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 comments on the proposed administrative regulation. Written comments shall be accepted until close of business on September 2, 2014. 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: 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 by reference the forms to be used to apply for various license types.

      (b) The necessity of this administrative regulation: KRS 243.380(2) and 243.390 require the board to promulgate an administrative regulation to establish the license application form.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 241.060(1) authorizes the board to promulgate administrative regulations.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes. This administrative regulation incorporates forms required by KRS 243.380(2) and 243.390.

      (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 makes various changes to the material incorporated by reference in the regulation. It also allows licensed distillers who wish to transition to the Class B Distiller’s license to do so.

      (b) The necessity of the amendment to this administrative regulation: This amendment to the administrative regulation is necessary to streamline the application process for the timely processing of applications. It also allows licensed distillers who wish to transition to the Class B Distiller’s license to do so.

      (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. It also allows licensed distillers who wish to transition to the Class B Distiller’s license to do so.

      (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation incorporates forms required by KRS 243.380(2) and 243.390.

      (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 new applicants for the alcoholic beverage licenses listed in Sections (1) and (2) of this regulation.

      (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: An applicant will be required to complete the new incorporated forms when applying for an alcoholic beverage license.

      (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: Agency 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 directly or indirectly 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: