(A) Alcoholic Beverage Control Administrator. Pursuant to KRS 241.110, there is hereby created the duties of the County of Barren Alcoholic Beverage Control Administrator.
(1) The County Judge Executive shall serve as the County Alcoholic Beverage Control Administrator (hereinafter referred to as County ABC Administrator), unless the Barren County Judge Executive shall appoint someone else to fill the position pursuant to KRS 241.110.
(2) The County Alcohol Beverage Administrator may from time to time appoint such additional personnel, such as Alcohol Beverage Control investigators), as is necessary to assist him or her in the administration of this chapter.
(3) The functions of the County ABC Administrator shall be the same with respect to the county 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.
(4) To prevent potential conflicts of interests, no person shall be a County ABC Administrator, an investigator, or an employee of the county, under the supervision of the County ABC Administrator, who would be disqualified to be a member of the ABC Board under state law set forth in KRS 241.100.
(5) The County ABC Administrator shall have authority delegated by the Fiscal Court, and as authorized under KRS Chs. 241 through 244. The County ABC Administrator, along with any designated investigators), shall have full police powers of law enforcement, and their jurisdiction shall be, the county administrator in that county shall have jurisdiction over only that portion of the county which lies outside the corporate limits of any city that has appointed' its own city, ABC administrator. The County ABC Administrator and his investigators may inspect any premises where alcoholic beverages are manufactured, sold, stored or otherwise trafficked in, without first obtaining a search warrant.
(6) The County 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 County ABC Administrator shall receive copies of all reports submitted by licensee to the State Alcoholic Beverage Control Board.
(7) The County 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 County deems necessary unless said person is already covered under the County's active bonds as required under KRS in regards to officials and employees of the County.
(B) Appeals.
(1) Appeals from the orders of the County 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 County ABC Administrator. The Board shall hear matters at issue as upon an original proceeding. Appeals from orders of the County ABC Administrator shall he governed by KRS Chapter 13B.
(2) When any decision of the County ABC Administrator shall have been appealed, or when a protest has been lodged against an application for any license within the county, and the ABC Board shall have made a decision regarding such appeal or protested application, the County 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 a court 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. 584, passed 11-15-2016)