(A) Notification of point assessment. The License Inspector shall notify the licensee, by United States first class mail, that points have been assessed against the license holder by the License Inspector within ten calendar days of the points assessment.
(B) Reduction in points for self-reporting. Point totals for actions constituting crimes or misdemeanors under state law or applicable county or city ordinances shall be reduced by half for any instance in which the License Inspector finds that the licensee or an employee of the licensee reported the violation to the Kenton County Police Department or local police department before the arrival of the first police car at the site, regardless of whether such report is the first report of this instance to the police.
(C) Increase in points for involvement in criminal activity. Point totals for actions constituting crimes or misdemeanors under state law or applicable county or city ordinance shall be doubled for any instance in which the License Inspector finds that the sexually oriented business licensee or service oriented escort bureau was directly involved in such violation or that an employee was directly involved and that the licensee reasonably should have known of such involvement.
(D) Appeal of points assessment. Any person receiving notice that points have been assessed against it, him, or her may appeal such assessment to the Hearing Officer by giving written notice of such appeal, and the grounds for such appeal, to the License Inspector within 20 days of the date of receipt of the notice of point assessment.
(E) Hearing on point assessment.
(1) Upon receipt of any such appeal, the Hearing Officer shall schedule a hearing on such appeal, which hearing shall occur within ten days of the date of filing the appeal, and shall give notice of the time, date and place of such hearing to:
(a) The appellant;
(b) The person who wrote the citation or other document resulting in the assessment of points;
(c) The head of the agency to which the person who wrote such citation or other document reports;
(d) The Kenton County Police Chief; and
(e) The Kenton County Attorney.
(2) Any of these parties may participate in the hearing and may be represented by counsel. Each party shall have the right to examine or cross-examine any witness. Where necessary to complete the hearing, the License Inspector may continue the hearing to a time certain occurring within ten days of the original date of the hearing.
(F) Scope of hearing; burden of proof.
(1) The scope of the hearing shall address three issues:
(a) Whether the incidents, omissions or other actions or inactions that led to the assessment of points occurred;
(b) Whether the points were assessed in accordance with this chapter; and
(c) Whether there are mitigating circumstances that should reduce or eliminate the assessment of points.
(2) The Licensing Inspector shall have the burden of proof on the first two items. The appellant shall have the burden of proof on the third item. The standard of proof shall be a preponderance of the evidence.
(3) Mitigating circumstances that should reduce or eliminate the assessment of points shall be:
(a) Self-reporting by the licensee, with points reduced as provided in this chapter;
(b) Cooperation of the licensee in investigating the actions or inactions; and
(c) Where an establishment licensee is assessed points for actions of entertainers or other employees, proof by the licensee that it took diligent and reasonable measures to prevent the actions resulting in the assessment of points or that the particular action was entirely unprecedented in the establishment and that the licensee took prompt corrective action and has now established procedures to avoid such actions in the future.
(4) The hearing shall be conducted pursuant to KRS 13B.080 - 13B.090(1) - (6), KRS 13B.100, and KRS 13B.130.
(G) Decision on point assessment. Within ten days after the conclusion of the hearing, the Hearing Officer shall issue in writing a memorandum setting forth findings of fact and application of law. The Hearing Officer shall mail copies of the memorandum, by United States first class mail, to each person actually participating in the hearing, as well as any attorney representing any such party. The burden of proof in the proceeding shall be by a preponderance of the evidence. The initial burden of proof shall be on the agency to whom the person writing the citation or other document assessing the points reports.
(H) Further appeal. Any license holder aggrieved by the decision of either the License Inspector or the Hearing Officer to assess points under the provisions of this section may seek judicial review in a manner provided by law.
(Ord. 451.11, passed 1-25-05)