§ 115.053 REVOCATION OR SUSPENSION.
   (A)   Any license may be revoked or suspended by the Local ABC Administrator per KRS 243.490 if the licensee shall have violated any of the provisions of KRS Ch. 241 through KRS Ch. 244, or administrative regulation of the ABC Board relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages or of the Department of Revenue relating to the 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 City Council, or this chapter 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 through KRS Ch. 244 to be created, when an agent, servant, or employee of the licensee committed the violation, 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 Local 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 Local 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 following causes:
      (1)   Conviction of the licensee or the licensee’s agent, servant, or employee for selling any illegal alcoholic beverages on the licensed premises.
      (2)   Making any false, material statements in an application or renewal application for a license or supplemental license.
      (3)   Conviction of the licensee or any of the licensee’s agents, servants, or employees of:
         (a)   Two (2) violations of the terms and provisions of KRS Ch. 241 to KRS. Ch 244, or any act regulating the manufacture, sale, and transportation of alcoholic beverages within two (2) consecutive years;
         (b)   Two (2) misdemeanors directly or indirectly attributable to the use of alcoholic beverages within two (2) consecutive years; or
         (c)   Any felony.
      (4)   Failure or default of a licensee to pay an excise tax or any part of the tax or any penalties imposed by or under the provisions of any statutes, ordinances, or Acts of Congress relative to taxation, or for a violation of any related administrative regulations promulgated by the Department of Revenue.
      (5)   Revocation of any license or permit provided in KRS 243.060, KRS 243.070, KRS 243.600, and KRS 243.610, or granted under any Act of Congress relative to the regulation of the manufacture, sale, and transportation of alcoholic beverages.
      (6)   Setting up, conducting, operating, or keeping, on the licensed premises, any gambling game, device, machine, contrivance, lottery, gift enterprise, 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 gambling game, device, machine, contrivance, lottery, gift enterprise, handbook, or facility. This division shall not apply to:
         (a)   The sale of lottery tickets sold under the provisions of KRS Ch. 154A;
         (b)   The operation of a pari-mutuel system for betting, where authorized by law;
         (c)   The conduct of charitable gaming by a charitable organization licensed or permitted under KRS Ch. 238; or
         (d)   Special temporary raffles of alcoholic beverages under KRS 243.036.
      (7)   Conviction of the licensee, the licensee’s agents, servants, or employees for:
         (a)   The trafficking or possession upon the licensed premises of controlled or illegal substances described in KRS Ch. 218A, including synthetic drugs;
         (b)   Knowingly permitting the trafficking or possession by patrons upon the licensed premises of controlled or illegal substances described in KRS Ch. 218A, including synthetic drugs; or
         (c)   Knowingly receiving stolen property upon the licensed premises.
      (8)   Failure to comply with the terms of a final order of the board.
(Ord. 12-20-21, passed 12-17-20)