NKWhy: How do you get a liquor license in NKY?

BY MAGGY MCDONEL | LINK nky DIGITAL EDITOR

“Make sure you dot your I’s and cross your T’s” is the No. 1 piece of advice experts give for those seeking a liquor license in Northern Kentucky.

Starting a business can be difficult, and there is so much excitement around picking the perfect space, hiring the right people and finding your customer base. But the not-so-thrilling stuff, like licensing, can be more complicated than one might assume.

With tons of new bars and restaurants popping up around NKY, we wondered: What is the process for a business owner to get a liquor license in Northern Kentucky?

How to start?

“It’s really not rocket science by any stretch of the imagination,” said Joe Ewald, the Fort Thomas administrator for the Kentucky Alcoholic Beverage Control, also known as ABC.

Ewald’s primary suggestion for those looking to get a liquor license is to “have a conversation with a local administrator pretty quickly before you jump into anything.”

Attorney Shelby Campbell with Covington-based Smith Law, who has worked with local businesses like Second Story in Covington, said it takes at least 31 days for the ABC to approve a liquor license application.

However, things rarely go that smoothly, she said.

“I would suggest applying for a liquor license as soon as all of the preliminary requirements (registered business, physical premises, deed/lease, zoning permits, etc.) are met,” Campbell said in an email to LINK nky.

The owners at Second Story, which had to push back its grand opening six weeks due to licensing issues, highly recommend getting a local lawyer who knows their stuff.

What are some complications?

Cross-river roadblocks:

Second Story’s parent company, Lost Co., mostly operates businesses in Cincinnati, including Somerset and Alice in Over-theRhine. Second Story General Manager Lee Caldwell said the owners mistakenly as- sumed things would be the same in Kentucky regarding liquor licenses as they are in Ohio.

“I think sometimes we forget that that river is actually a state border, and laws change about 100 feet across the roadway,” Caldwell said.

The issues arose when they hosted a soft opening where alcohol was served before their license was approved. They had not charged for alcohol, which enabled them to do this previously in Ohio, but they soon found out it was not OK in Kentucky.

“That’s how we essentially ran afoul of the ABC,” Caldwell said. “And that mistake, you know, held up our opening for a monthand-a-half, and we were very fortunate we didn’t lose any staff.”

Campbell, who started working with Second Story after the soft-opening issue, said she always suggests businesses find a lawyer who knows local liquor licensing laws before starting anything.

“The process is much quicker and more cost-effective when an experienced attorney is involved from the beginning,” Campbell said.

Second Story initially hired an attorney who, while licensed to practice in Kentucky, Caldwell said was more knowledgeable of Ohio law. In hindsight, he said they should have “partnered up with a local attorney that actually specializes in spirit law in Kentucky.”

“I always tell my clients that the practice of law is like car maintenance: It’s more economic to invest in preventative maintenance like an oil change than to replace the whole engine once the issue presents itself,” Campbell said.

Population complications:

Right now, Ewald said, a specific type of liquor license in Campbell County is pretty difficult to get.

Quota licenses traditionally pertain to liquor stores and allow the licensee to sell bottles of liquor and wine that can be consumed off-premises.

While they were typically given to liquor stores, Ewald said, many local bars and restaurants are looking to sell bottles and would need the license to do so.

The government limits these licenses based on population numbers, and, Ewald said, in his jurisdiction, “you can’t find one of those licenses right now.”

Those restrictions are not the same everywhere.

“Some cities and counties do have limits on the number of certain types of alcohol licenses,” Campbell said. “However, this number varies from location to location.”

Location, location, location:

One of the most challenging mistakes Campbell said businesses can make is signing a lease or purchasing a building at a location that isn’t zoned for what they want to do.

The food issue:

Many bars serve food, and many restaurants serve alcohol, but each of those businesses can require different licensing.

Ewald said he often sees businesses face issues with not having the right license for their clientele. For restaurant licensees, “you have to bring in 50% of your profits from the sale of food.”

However, those requirements are different for bars.

Overall, the answer is: It’s complicated.

Kenton County News Briefs

Tire waste disposal event will help control mosquito population, city says

sidewalk, for that matter – you’re providing the perfect real estate for mosquitoes and the diseases they carry,” the press release said.

“As a scientific field study in Covington showed, a single tire with standing rainwater is the perfect incubator for mosquito eggs, providing insulation and protection for thousands of mosquitos to come. The result is a significant public health risk, because mosquitos top the charts for carrying all range of infectious diseases to humans,” according to the release.

Kenton County residents can drop off old tires for proper disposal free of charge this month.

In partnership with the Kentucky Department of Waste Disposal, the county is hosting the event Aug. 17 and 18. According to a recent press release from the city of Covington, the event will not only help curtail the buildup of tire waste, but it will also help prevent excessive breeding of mosquitoes.

“Every time you sling an old tire into an alley – or neatly stack a set of tires on the

Bring tires to the KYTC Maintenance Building lot at 3923 Madison Pike in Covington. For questions, contact Melissa Grandstaff at 859-392-1919.

Covington schools OKs state policies on gender identity, human sexuality

Covington schools officially approved policies from controversial Senate Bill 150 despite initial disapproval.

The Covington Independent Public Schools

Board of Education voted in a split decision July 31 to approve two new policies from the Kentucky School Boards Association related to sex education, gender identity and student privacy at a special meeting.

In spite of his vote, board President Tom Haggard made a statement after the votes to reaffirm his commitment to the LGBTQ students in the district.

“The No. 1 thing we are looking out for here are our kids,” Haggard said. “I will guarantee you that we will continue to do everything within our power to make sure that every single kid who walks through our doors, no matter how they identify, no matter what race they are, no matter what economic background they come from, ev- ery single kid that walks through our doors – I think you’ll all join me in saying we’ll do everything we can to support them (and) make sure they get a world-class education.”

The two policies the board voted on came as the result of the controversial Kentucky Senate Bill 150, a law passed in March that banned gender-affirming care for Kentuckians under 18 and established new mandates related to sex education as well as education related to human sexuality and gender identity.

Beloved MainStrasse staple Dee Felice Café closes after nearly four decades

A restaurant that has called MainStrasse home for 39 years closed up shop after Fourth of July weekend, said a representative of the Covington Economic Development Department.

Located at 529 Main St., the space for Dee Felice Café currently has a sign in the window advertising its availability for rent. The cafe’s social media accounts are deactivat- ed. Its website is no longer operational.

Opened in 1984, Dee Felice Café served New Orleans-style cuisine and offered live jazz performances. The café was founded by Shelly DeFelice-Nelson and her father, a jazz musician who performed under the stage name Dee Felice – the restaurant’s namesake.

In 2021, the café was taken over by local restaurant entrepreneur DJ Thomas, who maintained the name and menu.

The building was constructed in 1860. DeFelice Properties LLC purchased the property for $675,000 in 1998, according to Kenton County property records. Before it was Dee Felice, a pharmacy operated out of the building.

Dee Felice Market, a community grocery store next door to the café, will remain in business. The market was founded in 2021 to answer the cafe’s multiple closures in 2020 during the COVID-19 pandemic.

Transportation officials remind residents of ongoing street-striping project

The Kentucky Transportation Cabinet District 6 is currently engaged in road-stripe painting throughout the region.

Districtwide striping is occurring in the following Kentucky counties: Bracken, Pendleton, Campbell, Kenton and Boone. Work in the region is likely to continue until the end of August.

“Most work will occur during daytime working hours of 8 a.m. to 8 p.m.,” according to the district’s website. “Routes with higher traffic volume will be completed during nights or weekends to minimize traffic impacts.”

Local residents are advised to keep an eye out for trucks as they drive.

Learn more at transportation.ky.gov.

Covington to buy $260K of fill, soil for Central Riverfront development at former IRS site

The Covington Board of Commissioners approved the purchase of $260,000 of soil and fill material for the Central Riverfront development project at the former site of the IRS data processing center at the city caucus meeting on Tuesday night.

Covington’s Economic Development Director Tom West said the 26,000 cubic yards worth of materials would eventually be used to bring the land on the site up to the necessary elevation for development. West said the site would need about 65,000 cubic yards to make the elevation uniform. He said the pricing offer he’d received was under the typical market rate for such material.

“We have an opportunity to purchase at about, actually, a little bit less than half of what that would ordinarily cost,” West said.

“I think the going rate’s probably $28/yard, and we can get 26,000 yards for $10/yard.”

This brings the total purchase price to $260,000.

The city will purchase the dirt and fill materials from Bray Construction Services Inc. of Alexandria. The purchase would also include fencing, to properly store the soil; clean-up; and daily maintenance.

Kenton County Circuit Court longtime Clerk Middleton announces re-election bid

Kenton County Circuit Court Clerk John Middleton announced that he intends to run for re-election next year. A Republican, Middleton has held the position since 2007.

In Kentucky, circuit court clerks are responsible for managing the records of circuit and district courts. Specifically, their duties include receiving lawsuits and court documents, recording legal documents, providing legal documents and other legal materials, scheduling juries, receiving and disbursing money, and maintaining the jury system.

Circuit court clerks serve six-year terms.

“We can always be encouraging innovation to create a more efficient clerk’s office,” Middleton said.

Notice Of Proposed Electric Transmission Line Construction Project

Duke Energy Kentucky, Inc. (Duke Energy Kentucky or Company) proposes to construct a new 138-kilovolt (kV) transmission line in Boone County, Kentucky (Hebron to Oakbrook Transmission Line Project). The Hebron to Oakbrook Transmission Line Project involves an approximate two-mile construction of a new 138-kV transmission line and rebuild of a 1.5-mile portion of an existing 69 kV transmission line to 138-kV capacity. The proposed 138-kV transmission line runs east-southeast from the Hebron substation through an industrial complex crossing Interstate 275 to the west of Route 237. After crossing I-275 it runs east to connect to the existing transmission line along Route 237 across the street from the Burger King and Domino’s Pizza. The rebuild portion of the transmission line runs south from Limaburg Substation along Limaburg Road in Hebron, Kentucky, to Burlington Pike in Burlington, Kentucky.

The proposed transmission line generally will require a 100-foot-wide right-of-way. Duke Energy Kentucky may also be required to alter the proposed centerline of the Hebron to Oakbrook Transmission Line Project and adjacent rights-of-way to address landowner preference or conditions discovered during survey and construction that affect constructability and access.

Duke Energy Kentucky plans to file an application with the Public Service Commission of Kentucky on or soon after August 14, 2023 seeking a certificate of public convenience and necessity authorizing the Hebron to Oakbrook Transmission Line Project. The application and the Commission proceeding have been assigned Case No. 2023-00239.

Any interested person, including any person over whose property the proposed transmission line will cross, may request a local public hearing in the county in which the transmission line is proposed to be constructed. The request must be in writing and should be delivered to the Executive Director, Public Service Commission, 211 Sower Boulevard, P.O. Box 615, Frankfort, Kentucky 40602. The request for local public hearing must be delivered to the Executive Director no later than thirty days after the date the application is filed. The request for local public hearing must comply with the requirements of 807 KAR 5:120, Section 3.

A person may seek to intervene as a party in the Commission proceeding to review Duke Energy Kentucky’s application by filing a timely written request for intervention in accordance with the requirements of 807 KAR 5:001, Section 4(11) and 807 KAR 5:120, Section 3(3). The application and other filings in connection with Duke Energy Kentucky’s application may be accessed at http://psc.ky.gov under Case No. 2023-00239 once filed. Project updates and further information may also be found on the Company’s website: www.dukeenergy.com/Hebron

A map of the proposed route for the electrical transmission line is shown below.

Notice

Please take notice that Duke Energy Kentucky, Inc. will apply to the Kentucky Public Service Commission for approval to revise its Demand Side Management (DSM) rate for gas service and electric service for residential and commercial customers. Duke Energy Kentucky’s current monthly DSM rate for residential gas customers is ($0.004784) per hundred cubic feet and for non-residential gas customers is $0.000000 per hundred cubic feet. Duke Energy Kentucky’s current monthly DSM rate for residential electric customers is $0.003497 per kilowatt-hour and for non-residential customers is $0.001987 per kilowatt-hour for distribution service and $0.000388 per kilowatt-hour for transmission service.

Duke Energy Kentucky seeks approval to revise these rates as follows: Duke Energy Kentucky’s monthly DSM rate for residential gas customers would increase to ($0.003536) per hundred cubic feet and for non-residential gas customers would remain at $0.000000 per hundred cubic feet. Duke Energy Kentucky’s monthly DSM rate for residential electric customers would increase to $0.003988 per kilowatt-hour and for non-residential customers would remain at $0.001987 per kilowatt-hour for distribution service and would remain at $0.000388 per kilowatt-hour for transmission service.

The rate contained in this notice is the rate proposed by Duke Energy Kentucky. However, the Public Service Commission may order a rate to be charged that differs from this proposed rate. Such action may result in a rate for consumers other than the rate in this notice. The foregoing rates reflect a proposed increase in electric revenues of approximately $0.72 million or 0.16% over current total electric revenues and an increase in gas revenues of approximately $0.08 million or 0.06% over current total gas revenues.

A typical residential gas customer using 70 ccf in a month will see an increase of $0.09 or 0.1%. A typical residential electric customer using 1000 kWh in a month will see an increase of $0.54 or 0.5%. A typical non-residential electric customer using 40 kilowatts and 14,000 kWh will see no change. A non-residential customer served at transmission voltage using 10,000 kilowatts and 4,000,000 kWh will see no change. Non-residential gas customers will see no change in their bills from this application. Any corporation, association, body politic or person may by motion within thirty (30) days after publication or mailing of notice of the proposed rate changes, submit a written request to intervene to the Public Service Commission, 211 Sower Boulevard, P.O. Box 615, Frankfort, Kentucky 40602, and shall set forth the grounds for the request including the status and interest of the party. The intervention may be granted beyond the thirty (30) day period for good cause shown. Written comments regarding the proposed rate may be submitted to the Public Service Commission by mail or through the Public Service Commission’s website. A copy of this application filed with the Public Service Commission is available for public inspection at Duke Energy Kentucky’s office at 1262 Cox Road, Erlanger, Kentucky 41018 and on its website at http://www.duke-energy.com. This filing and any other related documents can be found on the Public Service Commission’s website at http://psc.ky.gov.

6 Indiana clinics stop providing abortions ahead of state’s near-total ban

Indianapolis

(AP) — Indiana’s six abortion clinics have stopped providing abortions ahead of the state’s near-total abortion ban officially taking effect and as a petition is pending before the state’s high court asking it to keep the ban on hold while legal action continues, clinic officials said on Aug. 1.

Planned Parenthood’s four Indiana abortion clinics stopped performing abortions on July 31 in accordance with state guidance that providers received in July alerting them that on or around that date abortion would become illegal in Indiana in clinic settings “with really very, very limited exceptions,” said Rebecca Gibron, CEO of the Planned Parenthood division that includes Indiana.

Indiana’s two other abortion clinics have also stopped providing abortions, with one calling it “a dark day for Indiana.”

Indiana’s Republican-backed ban will end most abortions in the state, even in the earliest stages of a pregnancy. Indiana became the first state to enact tighter abortion restrictions after the U.S. Supreme Court ended nearly a half-century of federal abortion protections by overturning Roe v. Wade in June 2022.

Although Planned Parenthood’s four Indiana abortion clinics have stopped providing abortions, Gibron said its 11 health centers across the state continue offering a wide range of services, including emergency contraception and birth control, even as the group works to help Hoosiers obtain out-of-state abortions.

Study touts ‘dramatic reversal’ in quality of Ohio’s large rivers

COLUMBUS, Ohio (AP) — Ohio officials say a first-ever comprehensive study of the state’s largest rivers indicates great im- provement in water quality over the past few decades.

Gov. Mike DeWine and state environmental protection officials said on Aug. 1 that the study concluded that 86% of the miles of Ohio’s large rivers surveyed were in good to excellent condition, up from only 18% in the 1980s.

The “Aquatic Life and Water Quality Survey of Ohio’s Large Rivers” done by the Ohio Environmental Protection Agency called this “dramatic reversal” the result of improved wastewater infrastructure and treatment as well as agricultural soil conservation measures.

The report found major reductions in ammonia, total phosphorous and lead in water chemistry as well as reductions in PCBs and mercury, lead, cadmium, arsenic and other metals in fish. It said “legacy pollution” from coal mining and heavy industry is still detectable in water and sediment “but causes only modest impact to aquatic life.”

Bob Miltner, a senior scientist with the Ohio EPA and the study’s lead author, said there’s still work to be done to mitigate the impacts of algae blooms, the Columbus Dispatch reported.

Records: Fired officer in dog attack ‘did not meet standards’

families and K-9 trainers and exhibiting stress-related behavior after the July 4 incident.

The Circleville Police Department fired Officer Speakman, alleging that he “did not meet the standards and expectations we hold for our police officers.” In late July, Baer wrote that Speakman had released confidential information and was deceptive when Baer sought information from him.

Speakman’s union, the Ohio Patrolman’s Benevolent Association, filed a grievance on his behalf arguing he had been fired without just cause.

Speakman, who joined the Circleville department in February 2020, deployed his police dog following a lengthy pursuit involving the Ohio State Highway Patrol.

Churchill Downs announces safety changes following spate of horse deaths

LOUISVILLE, Ky. (AP) — Churchill Downs will implement safety measures for its September meet including new track surface maintenance equipment and additional monitoring and equine care following 12 horse deaths before and after the Kentucky Derby that spurred suspension of its spring meet.

Racing is scheduled to resume Sept. 14 and run through Oct. 1 at the historic track, which paused racing operations on June 7 to conduct an internal safety review following the spate of horse deaths from racing or training injuries. Seven died in the days leading up to the 149th Derby on May 6, including two in races preceding the premier event.

COLUMBUS, Ohio (AP) — An Ohio police agency shared records on Aug. 1 that showed an officer who released his police dog on a surrendering truck driver was repeatedly told not to keep talking about the incident before he was fired.

Records provided to the Associated Press by the Circleville Police Department indicated Officer Ryan Speakman met twice with Chief Shawn Baer to discuss reports of Speakman crying, talking to employees,

A news release on July 31 stated that while industry experts found no issues with the racing surfaces, the track invested in new maintenance equipment. It will also double the frequency of surface testing among infrastructure upgrades.

Churchill Downs veterinarians will receive additional resources for specialized horse care and to assist in pre-race inspections and entry screening. The track will work with HISA and industry experts to predict at-risk horses through advanced analytic techniques. A safety management committee including horsemen, track employees and veterinarians will also be created.

Community Summer Concert Series, School of Rock House Band and London Street, 6-10 p.m., Florence Mall, Lower Level, 2028 Mall Road, Florence

STAR Party, 8:30-9:30 p.m., Flagship Park, 1 Flagship Drive, Erlanger