(A) If upon review of the application, the DSABC may approve the application if the DSABC determines that:
(1) The applicant has complied with all requirements of the State Alcoholic Beverage Control Law, being KRS 241 through 244 and KAR 1 through 13, as well as all regulatory provisions of this chapter;
(2) The location is one that can be approved, including but not limited to the requirements of KRS 243.220;
(3) A license may be issued within the quota limits fixed by the State Alcoholic Beverage Control Board; and
(4) There are no other causes for denial of the license.
(B) If the DSABC has reasonable grounds to believe that an applicant has violated any law, rule or regulation relating to alcoholic beverages, the DSABC may issue to the applicant a written order setting forth such violation and requiring the applicant to show cause why the requested license should be issued. The DSABC shall have the right to order, and the applicant shall have the right to request, an evidentiary hearing to examine the violation set forth in the show cause order issued by the Administrator. Any decision by the Administrator on the application shall be subject to appeal as provided by law.
(C) As prescribed by KRS 243.550, hearings upon appeals from orders of the DSABC or upon proceedings for revocation or suspension shall be held by the Board. The Board may, at its discretion, hold the hearing in Frankfort, or in the county where the licensed premises, or the premises to be licensed, is located. Decisions shall be made and final orders entered only upon the vote of a majority of the Board. The hearings shall be conducted in accordance with the provisions of KRS Ch. 13B.
(D) Pursuant to KRS 243.560, any final order of the Board refusing, revoking or suspending a license may be appealed by the applicant or licensee, and any final order of the Board granting or refusing to revoke or suspend a license may be appealed by any citizen feeling himself or herself aggrieved.
(Prior Code, § 116.043) (Ord. 2008-01, passed 3-26-2008)