HB 415/LM (BR 1727) - D. Keene, D. Horlander, J. Adams, S. Santoro, D. St. Onge
AN ACT relating to alcohol regulatory fees.
Amend KRS 243.075 to stipulate that in a county in which both the city and county levy a regulatory license fee, only the county fee shall be applicable outside the jurisdiction of the city; require new fees enacted by a city or county to be enacted within two years of the date of the local option election authorizing alcohol sales; fees enacted shall be at a rate that will not generate revenue in excess of expenses actually incurred; require the Department of Alcoholic Beverage Control to promulgate administrative regulations establishing a process whereby cities and counties may estimate expenses during the first year after the discontinuance of prohibition; require revenue received from the regulatory license fee to be spent only in accordance with established requirements; require fees to be reduced by an amount equal to alcohol-related taxes and fees received; require violators to pay attorney's fees and costs incurred by aggrieved persons and to forfeit the right to impose regulatory license fees.
HB 415 - AMENDMENTS
HCS/LM - Retain original provisions; amend KRS 243.075 to require that the regulatory license fee be based only upon the gross receipts of the sale of alcoholic beverages; require reasonable evidence relating to additional costs imposed; require that the estimation of first year costs apply only after regulations are promulgated by the Kentucky Department of Alcoholic Beverage Control; provide for a refund to licensee if a city or county violates the provisions after the effective date of the bill; stipulate that the payment of attorneys' fees is contingent upon the court finding the violation to be intentional or willful; require, upon a third violation, the county or city to forfeit the right to impose the regulatory license fee; require any party bringing suit against a city or county for an alleged violation to pay reasonable attorney fees of the city or county upon a finding that the city or county did not violate the section.
Feb 20-introduced in House
Feb 24-to Licensing & Occupations (H); posting waived; posted in committee
Mar 5-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Mar 6-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Monday, March 10, 2014
Mar 10-3rd reading, passed 76-19 with Committee Substitute
Mar 11-received in Senate
Mar 13-to Licensing, Occupations, & Administrative Regulations (S)
Mar 18-reported favorably, 1st reading, to Consent Calendar
Mar 19-2nd reading, to Rules
Mar 21-posted for passage in the Consent Orders of the Day for Monday, March 24, 2014
Mar 24-3rd reading, passed 31-7; received in House
Mar 25-enrolled, signed by Speaker of the House
Mar 26-enrolled, signed by President of the Senate; delivered to Governor
Apr 7-signed by Governor (Acts, ch. 39)