Should a request for a hearing be made for the refusal to issue or renew a license or for the suspension or revocation of a license, the City ABC Administrator is to hold the hearing, consistent with KRS Chapter 13B and pursuant to the general practice procedures found in the Kentucky Rules of Civil Procedure, and the following shall apply:
(A) Definitions. All words are used as defined in the alcoholic beverage control law of Kentucky (KRS Chapters 241, 242, 243 and 244), unless otherwise specified.
(B) Appearances. Any applicant or licensee may appear and be heard in person, or by duly appointed attorney, and may produce under oath evidence relative and material to matters before the City ABC Administrator.
(C) Briefs. Briefs may be filed at the request of the City ABC Administrator, or at the option of the applicant or licensee.
(D) Rules of evidence. The rules of evidence governing civil proceedings in courts of the Commonwealth of Kentucky shall govern hearings before the City ABC Administrator; provided, however, that the hearing officer may relax such rules in any case where, in his or her judgment, the ends of justice will be better served by so doing.
(E) Subpoenas. The City ABC Administrator shall have subpoena power for such hearings and shall at the request of the applicant made with names and addresses of those desired issue with subpoenas.
(F) Transcripts. Upon request and at the costs of the applicant or licensee, the hearing may be transcribed.
(G) Decisions. All decisions shall be written and based upon evidence developed at the hearing.
(Ord. 2013-110.15A, passed 12-10-13)