APRIL 18, 2015
Unclear if local newspaper following correct rules
Kentucky Press Association president David Thompson informed newspapers statewide that public notice forms for alcoholic beverage applications of a current problem that is being corrected.
“Leigh Ann Thacker and I just had a meeting with several Alcohol Beverage Control Commission staff members and the commissioner of ABC,” Thompson said in a message to KPA members. “We’ll be working on a report and sharing some information with you but here’s the most important message from that meeting:
“…Newspapers are NOT running the alcohol license ad correctly. They are leaving out some of the lines required to be published or making changes in the words. The ad has to run exactly as the license reads. Newspapers are causing applicants a 30-day delay because we cannot award a license until there is proof the ad is published exactly as the language (attached) reads.”
That also could be costing newspapers some money because if the ad is published incorrectly, the applicants do not have to pay for that space. Like other customers, they only have to pay for the correct ad, if a mistake was the newspaper’s fault.
There is no official word if the notices are being run correctly in Lawrence County’s paper of record, The Big Sandy News, or if the notices must be run again at the newspaper’s expense. At least seven applications have been made to local and state officials fo a alcohol sales since Louisa passed a wet- dry election in December 2014.
Attached is a copy of the license application as it MUST be run. Use the form to make sure everything is included. Start with the first blank line and publish ALL of the copy and information required (where they fill in the blanks) down to and including the line that reads “of the date of this legal publication.” (Note that in parenthese it reads — End of advertisement.) You can include a title or heading that reads “Intention to Engage in an Alcoholic Beverage Business” or something similar to that.
Here is the state law governing the alcohol license process. We now have a couple of really good contacts at ABC and if you have more questions, at any time, just let me know and I’ll contact them for answers.
243.360 Notice of intention to apply for license; protest
(1) Any person, corporation, partnership, or any other entity, except an applicant for the same license for the same premises, or an applicant for an out-of-state malt beverage supplier’s license, limited out-of-state malt beverage supplier’s license, out-of-state distilled spirits and wine supplier’s license, limited out-of-state distilled spirits and wine supplier’s license, micro out-of-state distilled spirits and wine supplier’s license, supplemental bar license, extended hours supplemental license, a special agent or solicitor’s license, a special nonbeverage alcohol license, a transporter’s license, a special Sunday drink license, or a special temporary drink license shall, before applying for a license under KRS 243.030 and 243.040, advertise by publication under KRS 424.130(1)(b) his or her intention to apply for a license.
(2) The notice shall conform in all material respects to the following requirements:
(a) The notice shall state: the name and address of the applicant if the applicant is an individual, the name and address of each partner and the name of the business and its address if the applicant is a partnership, and the name and address of each principal officer and director and the name and business address of the corporation if the applicant is a corporation;
(b) The notice shall specifically state the location of the premises for which the license is sought and the type of license being requested; and
(c) The notice shall state the date the application will be filed and shall contain the following statement: “Any person, association, corporation, or body politic may protest the granting of the license by writing the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, within thirty (30) days of the date of legal publication.”
(3) Any protest received after the thirty (30) day period has expired shall not be considered a valid legal protest by the board.
