RELATES TO:
KRS
241.060(1),
243.090,
243.380,
243.390,
243.630
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
241.060(1) authorizes the
board to promulgate administrative regulations regarding matters over which the
board has jurisdiction, including applications for licenses.
KRS
243.380(2) and
243.390
require the board to promulgate an administrative regulation to establish the
license applications.
KRS
243.630(5) and (6) require
licensees to apply in writing for department approval of the transfer of a
license or a licensed business to a different premises or for the transfer of
ten (10) percent or more ownership interest to a new person or entity. This
administrative regulation prescribes the license applications utilized by the
department.
Section 1. Online
Application for Alcoholic Beverage License.
(1) Except as established in Section 3 of
this administrative regulation. An applicant for an alcoholic beverage license
shall complete the online application process and submit it electronically at
the Online eServices Portal:
https://dppweb.ky.gov/eservices/.
Section 2. Transfer of Ownership
Interest Application.
(1) A buyer seeking to
acquire, or a licensee seeking to transfer ten (10) percent or more ownership
interest in a licensed business shall complete and submit the Transfer of
Ownership Interest Application for ownership interest transfers between legally
recognized entities, where the licensee will remain the same.
(2) Although a licensee is not required to
file an application for ownership interest transfers of less than ten (10)
percent, a licensee shall notify the department in writing of all ownership
interest transfers of less than ten (10) percent of the licensed
business.
Section 3.
Written Application for Alcoholic Beverage License. If unable to complete an
online application, an applicant shall complete and submit the appropriate
application for the license type listed in subsections (1) to (8) in this
section:
(1) Basic License
Application;
(2) License Renewal
Application;
(3) Transporter's
License Application;
(4)
Out-of-State Supplier License Application;
(5) Special Agent's or Solicitor's License
Application;
(6) Special Temporary
License Application;
(7) Additional
License(s) Application; or
(8)
Transfer of Ownership Interest Application.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Basic License Application",
June 2017;
(b) " License Renewal
Application", June 2017;
(c)
"Transporter's License Application", June 2017;
(d) "Out-of-State Supplier License
Application", June 2017;
(e)
"Special Agent's or Solicitor's License Application", June 2017;
(f) "Special Temporary License Application",
June 2017;
(g) "Additional
License(s) Application", June 2017;
(h) "Transfer of Ownership Interest
Application", June 2017;
(i)
"Online eServices Portal", June 2017; and
(j) "Online License Renewal Portal-KYBOS",
June 2017.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Department of Alcoholic Beverage Control, 500 Mero St
2NE33, 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/.