(A) Action required. When the License Inspector has information that there has been a violation of any provision of this chapter by a licensee or at a licensed premises, or any of the conditions required for the issuance of a license have changed, or that anything on the application for the license may have been untrue or incomplete, then the Hearing Officer shall hold a hearing in accordance with the provisions of this section.
(B) Hearing procedure. Where a hearing is required under this section, the Hearing Officer shall set the date for the hearing after no less than ten calendar days and no more than 30 calendar days after the License Inspector receives verified or otherwise credible information that a violation may have occurred. The Hearing Officer shall send written notice to the owner(s), licensee, or any persons filing a complaint with the License Inspector. The hearing shall be to make findings of fact in the matter and shall be recorded, transcribed, and conducted pursuant to KRS 13B.080 - 13B.090(1) - (6), KRS 1313.100, and KRS 13B.130.
(1) Notice of the hearing shall be in writing, and shall set forth the reason for the hearing or the complaint against the licensee, and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address. If the Hearing Officer is not able to serve notice upon the licensee in person, and any notice sent by mail is returned by the postal service, the County Police Chief shall cause the notice to be posted at the principal entrance of the regulated use, and such posting shall be a valid means of service.
(2) An applicant, licensee, or complainant shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross-examine all witnesses who appear against him or her. Oral evidence shall be taken only upon oath or affirmation. All proceedings in the hearing shall be recorded, transcribed and conducted pursuant to KRS 13B.080 - 13B.090(1) - (6), KRS I3B.100, and KRS 13B.130. Witnesses may be subpoenaed, and, upon request of any party, the Hearing Officer shall issue subpoenas, and, in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the circuit court.
(3) The Hearing Officer shall issue findings of fact and conclusions of law and an order wherein the Hearing Officer may dismiss the complaint, or suspend or revoke a license or permit previously issued, or renew or refuse to renew a license previously issued. The Hearing Officer's order shall be served upon the applicant, licensee or all protesters in person or by registered or certified mail to the applicant, licensee or protester’s last known address. If the Hearing Officer is not able to serve the order upon the licensee or applicant in the manner stated in this division (B)(3), the County Police Chief shall cause the order to be posted at the principal entrance of the regulated use, and that posting shall be a valid means of service.
(4) If the Hearing Officer finds and concludes from the evidence that the applicant or licensee has violated any of the provisions listed in this chapter, he or she may suspend or revoke the license issued under this chapter, or in the case of a renewal application, refuse to renew the license, in accordance with the provisions of license renewal.
(C) Period of suspension. The first suspension shall be for a period of at least five business days and not more than ten business days; the second suspension within any 12-month period shall be for at least ten business days and not more than 20 business days; and the third suspension during any 12-month period shall be for at least 30 business days and not more than 60 business days.
(D) Judicial review. Any license holder aggrieved by the decision of the Hearing Officer to suspend a license under the provisions of this section may seek judicial review in a manner provided by law.
(Ord. 451.11, passed 1-25-05)