Title 804 | Chapter 013 | Regulation 030E
804 KAR 13:030REG
A proposed version of this document exists.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
804 KAR 13:030E
PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
(Emergency Amended at ARRS Committee)
804 KAR 13:030E.Causes for denial of tobacco, nicotine, or vapor product license.
Section 1.
An application for a tobacco, nicotine, or vapor product license shall be denied if:(1)
The applicant or the premises for which the tobacco, nicotine, or vapor product license is sought does not comply fully with all applicable statutes under KRS 438.305 to 438.350, and with the administrative regulations promulgated under 804 KAR Chapter 13;(2)
The applicant has knowingly made any false material statement in its application; or(3)
The applicant fails to pay the tobacco, nicotine, or vapor product license fee established in KRS 438.3063(4).Section 2.
An application for a tobacco, nicotine, or vapor product license may be denied for any reason that the commissioner, in the exercise of the commissioner's sound discretion, deems sufficient. Among those factors that the commissioner shall consider in the exercise of this discretion are:(1)
Public sentiment in the area;(2)
Number of licensed outlets in the area;(3)
Potential for future growth;(4)
Type of area involved; and(5)
Financial potential of the area.Section 3.
This administrative regulation was found deficient by the Administrative Regulation Review Subcommittee on February 9, 2026.FILED WITH LRC: February 9, 2026
CONTACT PERSON: Joshua Newton, General Counsel, Alcoholic Beverage Control, 500 Mero Street, Frankfort, Kentucky 40601; Joshua.Newton@ky.gov.
STATEMENT OF EMERGENCY
804 KAR 13:030E
PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
(Emergency Amended at ARRS Committee)
804 KAR 13:030E.Causes for denial of tobacco, nicotine, or vapor product license.
Section 1.
An application for a tobacco, nicotine, or vapor product license shall be denied if:(1)
The applicant or the premises for which the tobacco, nicotine, or vapor product license is sought does not comply fully with all applicable statutes under KRS 438.305 to(2)
(3)
The applicant has knowingly made any false material statement in its application; or(3)(4)
The applicant fails to pay the tobacco, nicotine, or vapor product license fee established in KRS 438.3063(4).Section 2.
An application for a tobacco, nicotine, or vapor product license may be denied for any reason that the commissioner, in the exercise of the commissioner's sound discretion, deems sufficient. Among those factors that the commissioner shall consider in the exercise of this discretion are:(1)
Public sentiment in the area;(2)
Number of licensed outlets in the area;(3)
Potential for future growth;(4)
Type of area involved; and(5)
Financial potential of the area.Section 3.
This administrative regulation was found deficient by the Administrative Regulation Review Subcommittee on February 9, 2026.FILED WITH LRC: February 9, 2026
CONTACT PERSON: Joshua Newton, General Counsel, Alcoholic Beverage Control, 500 Mero Street, Frankfort, Kentucky 40601; Joshua.Newton@ky.gov.