(A) Office created. There is hereby created in the city the office of City Alcoholic Beverage Control Administrator.
(B) Appointment. The City Alcoholic Beverage Control Administrator shall be appointed by the Mayor with the approval of the City Council.
(C) Eligibility. No person is eligible for the office of City Alcoholic Beverage Control Administrator who has himself or herself or a member of his or her immediate family has any interest in any premises or business where alcoholic beverages are manufactured, stored or sold nor shall he or she receive any commission or profit from any person applying for or receiving any license or permit. Membership in any club is not reason for ineligibility for this office.
(D) Oath and bond. The City Alcoholic Beverage Control Administrator, before entering upon his or her duties as such, shall take the oath prescribed in § 228 of the Constitution, and shall execute a bond with a good corporate surety in the penal sum of not less than $1,000 which cost shall be borne by the city.
(E) Functions of City Alcoholic Beverage Administrator. The functions of the City Alcoholic Beverage Control Administrator shall be the same with respect to city licenses and regulations, as the functions of the board with respect to state licenses and regulations, except that no regulation adopted by a City Alcohol Control Administrator may be less stringent than the statutes relating to alcoholic beverage control or that the regulations of the board. No regulation of a City Alcohol Control Administrator shall become effective until it has been approved by the City Council and the board.
(F) Institution of revocation proceeding; notice. The City Alcoholic Beverage Control Administrator, on his or her own initiative or on the complaint of any person, may institute proceedings, to revoke or suspend any license. Revocation or suspension shall be had only upon five (5) days notice to the licensee, and an opportunity shall be given him or her to be heard.
(G) Hearings. All hearings for violation of any city ordinance shall be before the City Alcoholic Beverage Control Administrator and one of the following officials being the Mayor, City Administrator, or Police Chief, at such time and location as may be ordered by the City Alcoholic Beverage Control Administrator. Complaints for violation of Kentucky state law shall be referred to the Kentucky Alcohol Beverage Control Administrator.
(H) Appeals. Appeals from the orders of the City Alcoholic Beverage Control Administrator may be taken to the board, by filing with the board within the time permitted by applicable Kentucky statute a certified copy of the order of the City Administrator. Matters at issue shall be heard by the board as upon an original proceeding. Appeals from order of the City Administrator shall be governed by KRS 243.550 to 243.590.
(I) Report from Administrator. The City Alcoholic Beverage Control Administrator will make a quarterly report to the Mayor and City Council.
(Ord. No. 05-2023, § 2, 7-18-23)