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House Bill 415

Actions | Amendments
Last Action signed by Governor (Acts, ch. 39)
Title AN ACT relating to alcohol regulatory fees.
Bill Documents Bill
Impact Statements Local Mandate
Bill Request Number 1727
Sponsors D. Keene, D. Horlander, J. Adams, S. Santoro, D. St. Onge
Summary of Original Version 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.
Index Headings of Original Version Distilled Spirits - Regulatory fees, city and county imposition of
Fees - Alcohol regulatory fees, city and county imposition of
Licensing - Sales of alcoholic beverages, regulatory fees on
Local Government - Alcohol regulatory fees, limitations on
Malt Beverages - Regulatory fees, city and county imposition of
Wines and Wineries - Regulatory fees, city and county imposition of
Alcoholic Beverages - Regulatory fees, city and county imposition of
Cities - Alcohol regulatory fees, limitations on
Counties - Alcohol regulatory fees, limitations on
Local Mandate - Regulatory fees, city and county imposition of
Proposed Amendments House Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/20/14
  • introduced in House
02/24/14
  • to Licensing & Occupations (H)
  • posting waived
  • posted in committee
03/05/14
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute
03/06/14
  • 2nd reading, to Rules
  • posted for passage in the Consent Orders of the Day for Monday, March 10, 2014
03/10/14
  • 3rd reading, passed 76-19 with Committee Substitute
03/11/14
  • received in Senate
03/13/14
  • to Licensing, Occupations, & Administrative Regulations (S)
03/18/14
  • reported favorably, 1st reading, to Consent Calendar
03/19/14
  • 2nd reading, to Rules
03/21/14
  • posted for passage in the Consent Orders of the Day for Monday, March 24, 2014
03/24/14
  • 3rd reading, passed 31-7
  • received in House
03/25/14
  • enrolled, signed by Speaker of the House
03/26/14
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/07/14
  • signed by Governor (Acts, ch. 39)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Local Mandate
Summary 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.
Index Headings Distilled Spirits - Regulatory fees, city and county imposition of
Fees - Alcohol regulatory fees, city and county imposition of
Licensing - Sales of alcoholic beverages, regulatory fees on
Local Government - Alcohol regulatory fees, limitations on
Malt Beverages - Regulatory fees, city and county imposition of
Wines and Wineries - Regulatory fees, city and county imposition of
Alcoholic Beverages - Regulatory fees, city and county imposition of
Cities - Alcohol regulatory fees, limitations on
Counties - Alcohol regulatory fees, limitations on
Local Mandate - Regulatory fees, city and county imposition of

Last updated: 8/27/2019 6:52 PM (EDT)