Title 804 | Chapter 013 | Regulation 030
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PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
(Amended at ARRS Committee)
804 KAR 13:030.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 and 438.350, and with the administrative regulations promulgated under 804 KAR Chapter 13;(2)
The applicant has engaged in any activity for which revocation of a tobacco, nicotine, or vapor product license would be authorized;(3)
The applicant has made any false material statement in its application; or(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 March 9, 2026.COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
(Amended at ARRS Committee)
804 KAR 13:030.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 and 438.350, and with the administrative regulations promulgated under 804 KAR Chapter 13;(2)
The applicant has engaged in any activity for which revocation of a tobacco, nicotine, or vapor product license would be authorized;(3)
The applicant has made any false material statement in its application; or(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 March 9, 2026.COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.