(A) Police officers of the Police Department shall concurrently have the jurisdiction coextensive with the State Alcoholic Beverage Control Administrator and the City Administrator to inspect any licensed premise without first obtaining a search warrant. They may confiscate any contraband property.
(B) The following property is contraband:
(1) Any apparatus commonly used or intended to be used in the manufacture of alcoholic beverages and not registered in the office of a collector of internal revenue for the United States. The burden of proof that the apparatus is properly registered shall be on the defendant.
(2) Any material, equipment, implements, devices, firearms, and other property used or intended for use directly and immediately in connection with the unlawful traffic in alcoholic beverages.
(3) Any alcoholic beverages in the possession of anyone not entitled by law to possess them.
(4) Any alcoholic beverages in a container of a size prohibited by law or prohibited to the particular party in whose possession they are found.
(5) Any vehicle, watercraft, or aircraft in which any person is illegally possessing or transporting alcoholic beverages. "Illegally possessing" means and includes the holding of any alcoholic beverages unless lawfully acquired and intended for lawful uses.
(C) Seizure of contraband. Any peace officers, state administrators, and investigators of the department may, upon probable cause, without warrant seize contraband regardless of whether it is in dry territory or not, and hold it subject to the order of the court before which the owner or one in possession of the contraband has been charged with violation of KRS Chapter 242 or KRS 243.020. Upon conviction of the defendant, the court shall enter an order for the destruction of all contraband property, except firearms or ammunition, included in KRS 244.180(1), (2), (3), and (4). Contraband firearms and ammunition shall be transferred to the Department of Kentucky State Police for disposition as provided in KRS 500.090.
(1) Title to seized contraband included in KRS 244.180(1), (2), (3), and (4) shall be vested in the appropriate court within whose jurisdiction the seizure occurred, irrespective of whether the contraband was seized by peace officers of the city or county or state administrators or investigators of the department, notwithstanding the provisions of KRS 242.380.
(2) The court shall order the sheriff for the county in which the contraband included in division (C)(1) above of this section was seized to destroy the contraband, except firearms or ammunition, upon conviction of the defendant.
(3) Contraband firearms and ammunition shall be transferred to the Department of Kentucky State Police for disposition as provided in KRS 500.090.
(Am. Ord. 2017-05, passed 12-19-16; Am. Ord. 2018-02, passed 12-19- 17)