(A) Alcoholic Beverage Control Administrator.
(1) Pursuant to KRS 241.160 and KRS 241.170, there is hereby created the office of the City Alcoholic Beverage Control Administrator.
(2) The Mayor of the city appoints an employee of the city to serve as the City Alcohol Beverage Administrator, pursuant to KRS 241.170.
(3) The City Alcohol Beverage Control Administrator may from time to time appoint such additional personnel, such as Alcohol Beverage Control Investigator(s), as is necessary to assist him or her in the administration of this chapter.
(4) The City ABC Administrator shall have the same duties and functions regarding local license applications and renewals as the state’s Department of Alcoholic Beverage Control (“Department”) with respect to state licenses. The City ABC Administrator shall have the same duties and functions regarding local license penalization as the Alcoholic Beverage Control Board (“Board”) with respect to state license penalization.
(5) To prevent potential conflicts of interests, no person shall be a City ABC Administrator, an investigator or an employee of the city, under the supervision of the City ABC Administrator, who would be disqualified to be a member of the Board under state law set forth in KRS 241.100.
(6) The City ABC Administrator shall have authority delegated by the Mayor, and as authorized under KRS Ch. 241 to 244. The City ABC Administrator, and his or her investigators, shall have jurisdiction coextensive with the boundaries of the city.
(7) The City ABC Administrator and his or her investigators shall have available at all reasonable times for their inspection all books and records required to be maintained by licenses under KRS 244.150 and the City ABC Administrator shall receive copies of all reports submitted by licensee to the Department.
(8) The City ABC Administrator, before entering upon his or her duties, shall take the oath as prescribed in § 228 of the Constitution of the Commonwealth of Kentucky. The ABC Administrator and any employee delegated or assigned to the ABC Administration may also be asked to execute a bond in such penal sum as the city deems necessary unless said person is already covered under the city’s active bonds as required under KRS in regards to officials and employees of the city.
(B) Appeals.
(1) Appeals from the orders of the City ABC Administrator may be taken to the State Board by filing a notice of appeal with the Board within 30 days of mail or delivery of the appealed order. The notice shall contain a certificate that a copy of the notice has been served on the County Administrator and shall be accompanied by a copy of the decision or order being appealed. The Board shall hear matters at issue as upon an original proceeding. Appeals from orders of the City ABC Administrator shall be governed by KRS Ch. 13B.
(2) As provided by law, no appealed City ABC Administrator order or decision, or resulting State Board order, shall become effective or final until all Board appeals, court appeals or appeal times shall have been exhausted. When a Board order becomes final and effective, the City ABC Administrator shall enter such orders and take such action as required by the final order of the Board.
(Ord. 2018-04, passed 5-29-2018; Ord. 2022-1, passed 2-14-2022)