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(A) This chapter shall be construed to apply to the traffic in malt beverages, distilled spirits and wine where the context permits such applications. Unless the context otherwise admits or requires, the term ALCOHOLIC BEVERAGE or ALCOHOLIC BEVERAGES shall mean and shall include distilled spirits, wine and malt beverages.
(B) Nothing contained in this chapter shall excuse or relieve the owner, proprietor, employee or person in charge of any licensed premises in the city where alcoholic beverages are sold from the restrictions, requirements and penalties of any other ordinance or ordinances of the city or of any state statutes or regulations.
(Prior Code, § 116.003) (Ord. 2008-01, passed 3-26-2008)
This chapter is and shall be subject to the provisions of KRS 243.610. The City Clerk/Treasurer shall give notice to the State Alcoholic Beverage Board of any fees or assessments levied under the provisions of this chapter.
(Prior Code, § 116.005) (Ord. 2008-01, passed 3-26-2008)
ADMINISTRATION
(A) Pursuant to KRS 241.160, the office of the Dawson Springs Alcoholic Beverage Control Administrator (DSABC) is created.
(B) Pursuant to KRS 241.170, the City Alcoholic Beverage Control Administrator (DSABC) shall be appointed by the Mayor. The City Alcoholic Beverage Control Administrator (DSABC) shall serve at the pleasure of the Mayor.
(Prior Code, § 116.015) (Ord. 2008-01, passed 3-26-2008)
Prior to entering upon the duties of the position, the Administrator shall take the oath prescribed in § 228 of the Constitution of the commonwealth and he or she shall execute a bond with a good corporate surety in the penal sum of not less than $1,000. Any city employee under the supervision of the Administrator shall execute a similar bond in such penal sum as the Administrator may deem necessary.
(Prior Code, § 116.016) (Ord. 2008-01, passed 3-26-2008)
The DSABC shall have the power and authority to promulgate such regulations as may be necessary to implement and/or administer this chapter. Pursuant to KRS 241.190, the functions of the DSABC 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 the DSABC may be less stringent than the statutes related to alcoholic beverage control than the regulations of the Board.
(Prior Code, § 116.017) (Ord. 2008-01, passed 3-26-2008)
(A) The functions of the DSABC shall be the same with respect to city licenses and regulations as is the function of the State Alcoholic Beverage Control Board (“Board”) with respect to state licenses and regulations; except that, no regulation of the DSABC shall be less stringent than the state statutes and regulations relating to alcoholic beverage control. No regulation of the DSABC shall become effective until it has been approved by the Board.
(B) The DSABC shall have the same powers and duties with respect to suspension and revocation for cause of city licenses as the State Alcoholic Beverage Control Board has with respect to state licenses under KRS 241.060. The DSABC, on his or her own initiative, or on the complaint of any person, may institute proceedings to revoke or suspend any license issued under this chapter.
(Prior Code, § 116.018) (Ord. 2008-01, passed 3-26-2008)
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