(A) Pursuant to the procedure set forth in KRS 243.480 through 243.590, city licenses may be either revoked or suspended by the Alcoholic Beverage Administrator upon the occurrence of:
(1) Any violation of the provisions of this chapter or any other alcoholic beverage control ordinance of the city;
(2) Any violation of any provision of state law in regard to alcoholic beverages or the rules and regulations of the State Alcoholic Control Board in regard thereto;
(3) Any other cause, reason or circumstance for which a state license may be revoked or suspended by the Board;
(4) Any reason for which the Alcoholic Beverage Administrator would have been required to refuse a license if the facts had been known;
(5) Conviction of the licensee or his or her agent or employee for selling any illegal beverages on the premises licensed;
(6) Making any false, material statements in an application for a license;
(7) If within a period of two consecutive years, any licensee or any clerk, servant, agent or employee of the licensee shall have been convicted of two terms and provisions of KRS Chapters 241 through 244 or any act heretofore or hereafter in effect relating to the regulation of the manufacture, sale and transportation of alcoholic beverages or if within such period, any licensee or any clerk, servant, agent or employee of the license shall have twice been convicted of a misdemeanor directly or indirectly attributable to the use of alcoholic beverages, or of one such felony and one such misdemeanor;
(8) Willful and deliberate failure or default of a licensee to pay an excise tax or any part thereof, or any imposed by or under the provisions of any statutes, this or acts of Congress relative to taxation, or for a violation rules or regulations of the Department of Revenue made in pursuance thereof; and
(9) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device, machine or contrivance, or lottery or gift enterprise, or 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 such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility.
(B) However, city licenses must be revoked by the Alcoholic Beverage Administrator upon
the occurrence of any cause or circumstance which requires revocation of state licenses pursuant to KRS 243.500 or the revocation of a state license to which a city license corresponds. Further, with the approval of the Alcoholic Beverage Administrator, a license may, as an alternative and in lieu of part of all of the days of any suspension period, pay the following sums to the city as set forth in KRS 243.480.
Type of Licensee | Fee (per day) |
Type of Licensee | Fee (per day) |
All remaining licensees | $50 |
Distillers, rectifiers/vintners/brewers and blenders | $1,000 |
Retail beer | $50 |
Retail drink liquor | $50 |
Retail package liquor | $50 |
Wholesale beer | $400 |
Wholesale liquor | $400 |
(C) The procedure for the revocation or suspension of a city license shall consist of a written notice signed by the Alcoholic Beverage Administrator and mailed to the licensee at the address of the licensed premises by certified mail, describing the cause, circumstance or occurrence and the time and date thereof for which the city license may be revoked and indicating the time and place of a hearing in regard thereto at least five days thereafter at which the licensee and the representatives thereof shall be heard thereon. The hearing thereon shall be conducted by the Alcoholic Beverage Administrator according to the procedure prescribed by the State Alcoholic Beverage Control Board for hearings by the Board as supplemented by the regulations of the Alcoholic Beverage Administrator. The Alcoholic Beverage Administrator shall control and make all decisions in regard to the introduction of evidence and shall hear all arguments in regard thereto. At the conclusion of the hearing, the Alcoholic Beverage Administrator shall issue a written decision in regard thereto and mail a certified copy thereof to the licensee at the address of the license premises by certified or registered mail.
(Prior Code, § 118.92) (Ord. 2013-12, passed 12-2-2013)