(A) There is hereby created the office of City of Florence Alcoholic Beverage Control Administrator (the “City Administrator”). The City Administrator shall be appointed by the Mayor.
(B) The City Administrator, before entering upon his duties, shall take the oath prescribed in § 228 of the Constitution and shall immediately notify the Department of qualifications and appointment.
(C) No person shall be an administrator, an investigator, or an employee of the city under the supervision of the City Administrator, who would be disqualified to be a member of the Board under KRS 241.100.
(D) The City Administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. The City Administrator shall have the same duties and functions regarding local license penalization as the board with respect to state license penalization.
(E) The City Administrator shall, pursuant to KRS 243.450(1)(b), provide notification to the State Administrator that an applicant has obtained approval for a City license at premises proposed for a state license. Such notification shall be provided at the time and in the manner prescribed by the State Administrator.
(F) Decisions or orders issued by the City Administrator shall be in writing and be mailed or delivered by personal service to the applicant or License holder affected. Decisions or orders of the City Administrator may be appealed to the Board as set forth in KRS 241.200.
(G) The City Administrator shall deny a license:
(1) If the applicant or the premises for which the license is sought does not comply fully with all alcoholic beverage control statutes, ordinances and the administrative regulations of the Board or the city;
(2) If the applicant has done any act for which a revocation of license would be authorized; or
(3) If the applicant has made any false material statement in its application.
(4) If the applicant has not obtained any state license required at the proposed premises;
(5) If the applicant has not obtained a City of Florence Occupational License for operation allowed by the License at the proposed premises; and
(6) If the applicant is indebted to the City for any unpaid taxes, fees, utility charges, fines, liens or assessments.
(H) A License may be revoked or suspended by the City Administrator for a violation of any of the following:
(1) Any of the provisions of KRS Chapters 241 to 244;
(2) Any administrative regulation of the Board relating to the regulation of the manufacture, sale, and transportation of alcoholic beverages;
(3) Any rule or administrative regulation of the Department of Revenue relating to the taxation of alcoholic beverages;
(4) Any Act of Congress or any rule or regulation of any federal board, agency, or commission;
(5) Any city ordinance relating to the regulation of the manufacture, sale, and transportation or taxation of alcoholic beverages;
(6) Any of the laws, regulations, or ordinances referred to in this section 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 the licensee’s instructions;
(7) Any of the reasons for which the City Administrator would have been required to deny a License if existing material facts had been known;
(8) Conviction of licensee or the licensee’s agent, servant, or employee for selling any illegal alcoholic beverages on the licensed premises;
(9) Making any false, material statements in an application or renewal application for a license or supplemental license;
(10) 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 Chapters 241 to 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;
(11) 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;
(12) Revocation, suspension or expiration of any license issued by the department;
(13) 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 subsection shall not apply to:
(a) The sale of lottery tickets sold under the provisions of KRS Chapter 154A;
(b) The operation of a pari-mutual system for betting where authorized by law;
(c) The conduct of charitable gaming by a charitable organization licensed or permitted under KRS Chapter 238; or
(d) Special temporary raffles of alcoholic beverages under KRS 243.036;
(14) 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 Chapter 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 Chapter 218A, including synthetic drugs; or
(c) Knowingly receiving stolen property upon the licensed premises;
(15) Failure to prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person who is upon the premises;
(16) Failure to immediately report to the proper law enforcement authorities an illegal or violent act that has been committed on or about the premises when the licensee or his/her employee knew or should have known that said act occurred upon the premises;
(17) Failure to cooperate fully with law enforcement authorities during the course of an investigation into an illegal or violent act that was committed on or about the licensed premises; or
(18) Permitting or allowing the premises, on which the business for which the License was issued are located or the premises adjacent thereto under the control of the licenseholder, to be used for any unlawful purpose or in an unlawful manner.
(Ord. 0-4-77, passed 3-8-77; Am. Ord. 0-34-82, passed 9-2-82; Am. Ord. O-02-03, passed 2-4-03; Am. Ord. O-18-17, passed 12-12-17)