(A) Generally. The provisions of the Alcoholic Beverage Control Laws and Administrative Regulations of the Commonwealth (KRS Chapters 241, 243 and 244), and all amendments and supplements thereto, are adopted in full, as far as applicable, as a portion of this chapter except as otherwise lawfully provided herein. The city’s Alcoholic Beverage Control (ABC) Administrator shall administer all alcoholic beverage control ordinances and regulations of the city and all statutes of the Commonwealth relating to the sale of alcohol and the regulations of the Kentucky Alcoholic Beverage Control Board. The definitions of the words used throughout this chapter, unless the context requires otherwise, shall have the same meaning as those set out in Kentucky Alcoholic Beverage Control law (KRS Chapters 241, 242, 243 and 244) of the Commonwealth and all amendments and supplements thereto.
(B) City Alcoholic Beverage Control Administrator; duties and powers.
(1) The duties of the City Alcoholic Beverage Control Administrator (hereinafter referred to as the City ABC Administrator) are hereby assigned to the Chief of Police.
(2) The compensation for the office of City ABC Administrator, if any, together with the salaries of any other personnel assisting the City ABC Administrator shall be fixed from time to time by the City Council.
(3) The functions of the City ABC Administrator shall be the same with respect to city licenses and regulations as the function of the Alcoholic Beverage Control Board of the Commonwealth (hereinafter referred to as the ABC Board) with respect to state licenses and regulations for the sale of alcoholic beverages, except that no amendment to these regulations proposed by the City ABC Administrator may be less stringent than the statutes relating to alcoholic beverage control, or than regulations of the ABC Board. No regulation of the City ABC Administrator shall become effective until it has first been appropriately approved by the City Council.
(4) 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 ABC Board under KRS 241.100.
(5) The City ABC Administrator shall have all authority as authorized under KRS Chapters 241 through 244.
(6) Should the City ABC Administrator at any time have reasonable grounds to believe that any applicant, licensee, employee of a licensee, or any stockholder, agent or employee of a licensed corporation, has a criminal record, he or she shall have the authority to require such person to appear in person at the City Police Department for the purpose of having his or her fingerprints taken.
(7) The City ABC Administrator shall, before entering upon his or her duties as such, take the oath as prescribed in § 228 of the Constitution.
(8) Appeals from the orders of the City ABC Administrator may be taken to the State ABC Board by filing with the Board within 30 days a certified copy of the orders of the City ABC Administrator. Matters at issue shall be heard by the ABC Board as upon an original proceeding. Appeals from the orders of the City ABC Administrator shall be governed by KRS Chapter 13B.
(Ord. 11-2012, passed 9-4-2012)