{"data":{"id":"us-ky/krs-438.3067","jurisdiction":"us-ky","citation":"KRS 438.3067","heading":"License application approval and denial -- Revocation -- Appeals.","body":"(1) (a) Except as provided in KRS 438.3063(5) and (7), on or after July 1, 2026, the\ncommissioner shall approve or deny every application for a tobacco, nicotine,\nor vapor product license within fourteen (14) business days.\n(b) If a retailer has submitted an application and the department has not issued a\nlicense or denial, or notified of failure to renew within fourteen (14) business\ndays, a retailer shall not be subject to any penalties during or after the required\nfourteen (14) business days until the department has issued the license or\ndenial, or notified of failure to renew to the retailer.\n(2) A license shall only be denied if the:\n(a) 1. Application required in KRS 438.3063 is incomplete; and\n2. Applicant has been given the opportunity to correct an application as\nrequired in KRS 438.3063;\n(b) Licensing fee required in KRS 438.3063 is not remitted with the application;\n(c) Applicant or business owners are not twenty-one (21) years of age or older;\n(d) Applicant or business owners have a tax delinquency due to the Department\nof Revenue, unless the applicant or business owners have an approved\npayment agreement with the Department of Revenue; or\n(e) Applicant has committed any act for which a license would be revoked\npursuant to KRS 438.3069.\n(3) If the application is denied, the:\n(a) License shall not be issued;\n(b) Applicant shall be notified of the commissioner's denial, whi ch shall include\nthe reason for the denial; and\n(c) Applicant may, within thirty (30) days, appeal the denial and request an\nadministrative hearing on the matter in accordance with KRS Chapter 13B.\n(4) (a) If the commissioner revokes a license pursuant to KRS 438.3069, the\ncommissioner shall:\n1. Notify the applicant within ten (10) days of the decision to revoke the\nlicense; and\n2. Upon the request of a denied licensee, commence a hearing on the\nlicense revocation in accordance with KRS Chapter 13B.\n(b) Revocation of a license subject to KRS 438.305 to 438.350, as it relates to the\nregulation of alternative nicotine products, tobacco products, and vapor\nproducts, for any reason shall result in the inability of a retailer to reapply for\na license for two (2) years.\n(c) 1. A final order of the commissioner shall be appealable to the Franklin\nCircuit Court.\n2. The licensee may, within thirty (30) days, appeal the final order and\nrequest an administrative hearing on the matter in accordance with KRS\nChapter 13B.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56793","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"1cc6c9d6a6e66b95e1a4dec3085b50d58e69587fb6155be9eefd81604b0a1692","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.3066","next":"us-ky/krs-438.3069"},"notice":"GroundRules: Original legal text. Not legal advice."}