(A) Alcoholic Beverage Control Administrator.
(1) Pursuant to KRS 241.160 and KRS 241.170, there is hereby created the office of the City of Auburn Alcoholic Beverage Control Administrator.
(2) The Mayor of the city appoints the City Clerk and the assistant City Clerk, employees of the city, to serve as the City Alcohol Beverage Co-Administrators, pursuant to KRS 241.170.
(3) The City Alcohol Beverage Administrator may from time to time appoint such additional personnel, such as Alcohol Beverage Control investigator(s), as is necessary to assist him or her in the administration of this chapter.
(4) The functions of the City ABC Administrator shall be the same with respect to the city licenses and regulations as the functions of the Alcoholic Beverage Control Board of the Commonwealth of Kentucky (hereinafter referred to as ABC Board) with respect to state licenses and regulations.
(5) To prevent potential conflicts of interests, no person shall be a City ABC Administrator, an investigator, or an employee of the city, under the supervision of the City ABC Administrator, who would be disqualified to be a member of the ABC Board under state law set forth in KRS 241.100.
(6) The City ABC Administrator shall have authority delegated by the Mayor, and as authorized under KRS Chapters 241 through 244. The City ABC Administrator, and his investigators, shall have jurisdiction coextensive with the boundaries of the city.
(7) The City ABC administrator and his investigators shall have available at all reasonable times for their inspection all books and records required to be maintained by licenses under KRS 244.150 and the City ABC Administrator shall receive copies of all reports submitted by licensee to the State Alcoholic Beverage Control Board.
(8) The City ABC Administrator, before entering upon his or her duties, shall take the oath as prescribed in Section 228 of the Constitution and shall execute a bond with a good corporate surety in the penal sum of not less than $1,000. Any employee delegated or assigned to the ABC Administration may also be asked to execute a similar bond in such penal sum as the city deems necessary unless said person if already covered under the city's active bonds as required under KRS in regards to officials and employees of the city.
(B) Appeals.
(1) Appeals from the orders of the City ABC Administrator may be taken to the state ABC Board by filing with the Board within 30 days a certified copy of the orders of the City ABC Administrator. The Board shall hear matters at issue as upon an original proceeding. Appeals from orders of the City ABC Administrator shall be governed by KRS Chapter 13B.
(2) When any decision of the City ABC Administrator shall have been appealed, or when a protest has been lodged against an application for any license within the city, and the ABC Board shall have made a decision regarding such appeal or protested application, the City ABC Administrator, upon receipt of notice of finality of the decision, shall enter such orders and take such action as required by the final order of the ABC Board. As provided by law, and as used herein, no order of the ABC Board is final until all appeals or appeal times shall have been exhausted. A "final order" of the ABC Board is the order entered by said Board, unless an appeal is taken from the Board's order, in which case the "final order" is the order entered by the Board upon direction from the reviewing court of last resort in the final order of said reviewing court.
(Ord. 2017-01, passed 3-13-17)