(A) Any license may be revoked or suspended by the City ABC Administrator or Assistant ABC Administrator, or a licensee may in lieu of suspension on approval of the City ABC Administrator or Assistant ABC Administrator in the alternative pay in part or all of the days of any suspension period a sum in accordance with the schedule set forth in Paragraph (E) of this section, if the licensee shall have violated any of the provisions of KRS Chapters 241 through 244, or any rule or regulation of the ABC Board or of the Department of Revenue relating to the regulation of the manufacture, sale and transportation or taxation of alcoholic beverages or if such licensee shall have violated or shall violate any act of Congress or any rule or regulation of any federal board, agency or commission, or this chapter now, heretofore or hereafter in effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors of any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Chapters 241, 243 and 244 to be created, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his or her instructions, or any such license may be revoked or suspended for any cause which the City ABC Administrator in the exercise of his or her sound discretion deems sufficient.
(B) A license may be revoked for any of the reasons for which the City ABC Administrator or Assistant ABC Administrator would have been required to refuse a license if the facts had been known.
(C) Any license may be revoked or suspended for the additional following causes:
(1) Conviction of the licensee or his or her agent or employee for selling any illegal beverages on the premises licensed;
(2) Making any false, material statements in an application for a license;
(3) If, within a period of two consecutive years, any licensee or any of his or her clerks, servants, agents or employees of the licensee shall have been convicted of two violations of the terms and provisions of KRS Chapters 241, 243 or 244 or any act heretofore or hereafter in effect relating to the regulation of the manufacture, sale and transportation of alcoholic beverages or if within such period, any licensee or any of the clerks, servants, agents or employees of the license shall have twice been convicted of any felony or of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages, or of one such felony and one such misdemeanor;
(4) Willful and deliberate failure or default of a licensee to pay an excise tax or any part thereof, or any penalties imposed by or under the provisions of any statutes, this chapter or acts of congress relative to taxation, or for a violation of any rules or regulations of the Department of Revenue made in pursuance thereof; and/or
(5) Setting up, conducting, operating or keeping, on the licensed remises, any gambling game, device, machine or contrivance, or lottery or gift enterprise, or handbook or facility for betting or transmitting bets on horse races; or permitting to be set up, conducted, operated, kept or engaged in, on the licensed premises, any such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility.
(6) Failure to pay when due any tax imposed by the city.
(D) In the event a citation for violation of any provision of this section is issued, notification of the alleged violation shall be served in writing on the licensee by delivering a copy to the licensee's place of business in the city and by mailing a copy by U.S. Mail, postage prepaid, to the licensee's address as shown on the application for a license, giving notice that licensee may, within seven (7) days of the date of the notification, request an administrative hearing before the City ABC Administrator or Assistant ABC Administrator to determine the existence of a violation. The hearing shall be a trial type hearing with all parties having a right to counsel and all witnesses subject to cross-examination.
(1) After the hearing is concluded within thirty (30) business days, the City ABC Administrator shall issue a findings of fact and decision.
(2) Appeal from the decision of the City ABC Administrator or Assistant ABC Administrator shall be to the State ABC Board within thirty (30) days from the date of the City ABC Administrator's decision. See KRS 241.200.
(E) In the event of the payment of a monetary penalty in lieu of suspension, the monetary penalties shall be:
(1) Distillers, rectifiers, wineries, and brewers $1,000.00 per day;
(2) Wholesale liquor licensees $400.00 per day;
(3) Distributor beer licensees $400.00 per day;
(4) Retail licensees authorized to sell $50.00 per day; and
distilled spirits, wine or beer by the package or drink
(5) All remaining licensees $50.00 per day.
(Ord. 248-2016, passed 3-8-16)