(A) (1) Any license may be revoked or suspended by the City ABC Administrator if the licensee shall have violated any of the provisions of KRS Ch. 241, 243 or 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 subchapter or any other ordinance of the city. Now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors or any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Ch. 241, 243 and 244 to be created, or referred to, 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.
(2) If any licensee receives a final order of violation from the Alcoholic Beverage Control Board whether 1) license to be suspended or 2) in lieu of suspension has imposed fine amount in final order, the city shall impose same penalty with 20 days to comply.
(B) A license may be revoked for any of the reasons for which the City ABC Administrator would have been required to refuse a license if the facts had been known.
(C) Any license must be revoked or suspended for the 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 the clerks, servants, agents or employees of the licensee shall have been convicted of two violations of the terms and provisions of KRS Ch. 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 licensee 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 subchapter 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;
(5) Revocation of any license granted under any act of Congress relative to the regulation of manufacture, sale and transportation of alcoholic beverages. Any license must be revoked or suspended in the case of sale of alcoholic beverages by the licensee at a price in excess of the price set by federal or state regulations; and
(6) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device, machine or contrivance, or lottery or gift enterprise, or handbook or facility for betting or transmitting sports bets; 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.
(D) For any offenses for which revocation is not mandated, as identified in division (C) above, the following process will apply.
(1) The ABC Administrator will issue a warning in writing that describes the offense and cites the authority. It will provide a date by which the offense must be corrected.
(2) If the offense is not corrected by the date set forth, then the ABC Administrator will assess a fine of $100 per day until compliance or up to seven calendar days, whichever occurs first.
(3) After the seven calendar days, the license shall be revoked unless the licensee can show good cause why it should not be revoked.
(E) (1) Upon the determination of the ABC Administrator that a license is to be revoked, the ABC Administrator will deliver a written notice of revocation to the licensee at the premises where the licensee distributes alcohol. The written notice of revocation shall include the reason for revocation and the authority there under. The ABC Administrator may designate the Chief of Police or other officer of the Police Department to deliver the revocation.
(2) A written notice of the revocation shall be mailed by regular mail or by electronic mail to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application and this shall be deemed sufficient compliance for notice under this subchapter. The commonwealth’s Department of Alcoholic Beverage Control will be notified of any revocation by the City ABC Administrator.
(F) Upon revocation, the licensee shall at once surrender license to the City ABC Administrator. If the revoked license is not forthwith surrendered by the licensee, the Chief of Police at the request of the City ABC Administrator shall immediately cause one of his or her officers to take physical possession of the license and return it to the City ABC Administrator.
(G) If a license is revoked or suspended by an order of the City ABC Administrator, the licensee shall at once suspend all operations previously authorized under said license.
(H) When a license has been revoked, the former licensee may, with prior approval of the City ABC Administrator, dispose of and transfer the stock of alcoholic beverages to an appropriate entity.
(I) Appeal from the decision of the City ABC Administrator shall be to the commonwealth’s ABC Board.
(J) City police officers and the City ABC Administrator or the officers of that Department are authorized to enforce this subchapter for alleged violations.
(Ord. 34-2022, passed 11-7-2022)