KRS 438.3064: Contents of annual license application and renewal license form --

Material change -- Online publication of forms.

(1) The annual license application required in KRS 438.3063 shall contain only the

following information, given under oath:

(a) The name, age, Social Security number, federal employer identification

number, telephone number, email address, business address, and citizenship

of each applicant;

(b) If the applicant is a partner, the name, age, Social Security number, business

address, a nd citizenship of each partner and the name and address of the

partnership;

(c) The name, age, Social Security number, business address, residence, and

citizenship of each individual or partner interested in the business for which

the license is sought, to gether with the nature of that interest, and, if the

applicant is a corporation, limited partnership company, limited liability

company, or other business entity recognized by law, the name, age, Social

Security number, and address of each principal owner, member, officer, and

director of the applicant. The department may require the names of all owners

and the ownership percentage held by each;

(d) The premises to be licensed, stating the street and number, if the premises has

a street number, and a descri ption that will reasonably indicate the location of

the premises;

(e) 1. Proof of occupancy, to include:

a. A copy of the lease or deed for the premises to be licensed, if not

currently on file with the department under a license issued

pursuant to KRS Chapter 243; or

b. Certification from a landlord or landowner stating that the property

can be used for the purpose in which the application has been filed

for the premise to be licensed.

2. If a change of ownership requires a resubmission pursuant to KRS

438.3063, a copy of the revised lease or deed or certificate from a

landlord or landowner for the premises to be licensed shall be included;

(f) Proof of registration with the Department of R evenue pursuant to KRS

139.390; and

(g) 1. A statement that neither the applicant nor any other person referred to in

this section has been convicted of:

a. Any misdemeanor directly or indirectly attributable to the sale of

illicit substances or illegal tobacco, nicotine, or vapor products;

b. Any violation involving a controlled substance that is described in

or classified pursuant to KRS Chapter 218A within the two (2)

years immediately preceding the application;

c. Any felony within five (5) years from t he later of the date of

parole or the date of conviction; or

d. Knowingly providing false information to the department

preceding the application.

2. A statement that the applicant or any other person referred to in this

section has not had any license tha t has been issued under KRS Chapter

438 revoked for cause within two (2) years prior to the date of the

application.

(2) (a) The renewal license form required in KRS 438.3063 shall only provide for

information in the event of a material change.

(b) As used in this subsection, "material change" means:

1. A change of:

a. Ownership;

b. Lease or deed status; or

c. Business address; and

2. Any civil or criminal violations.

(3) If, after a license has been issued, there is a change in any of the facts required to be

set forth in the application, a verified supplemental statement in writing giving

notice of the change shall be filed with the department within ten (10) days after the

change.

(4) In giving any notice or taking any action in reference to a license, th e department

may rely upon the information furnished in the application or in the supplemental

statement connected with the application as accurate and truthful. The information

required to be furnished in the application or supplemental statement shall be

deemed material in any prosecution for perjury.

(5) The department shall not have the authority to establish any additional requirements

for licensure or licensure renewal beyond those statutorily required.

(6) (a) Within thirty (30) days of April 10, 202 6, the department shall publish and

maintain on its website the required application, renewal form, and

instructions for an annual tobacco, nicotine, or vapor product license.

(b) The application, renewal form, and instructions shall:

1. Be public-facing;

2. Be published outside of the department's licensure portal;

3. Not require a person to log into an account for access; and

4. Have a quick link for easy access on a main tab or section of the

department's website.