(A) The penalties for violations of this chapter that pertain to alcoholic beverage laws that are set forth in KRS Chapters 241 through 244 shall be the same as provided by such chapters. If the offender is a corporation, joint stock company, association or fiduciary, the principal officer or officers responsible for the violation may be imprisoned.
(B) Any person under the age of 18 years who violates any provisions of this chapter shall be dealt with in accordance with the procedure prescribed by statute for minors charged with the commission of a public offense.
(C) Any penalty and/or fines imposed under divisions (A) and/or (B) of this section shall be in addition to and independent of any action which may be taken by the City Alcoholic Beverage Administrator, in accordance with the provisions of the state alcoholic beverage control laws and administrative rules and regulations.
(D) In addition to any criminal penalties that may be prescribed, any person or entity that violates the provisions of this chapter shall appear before the City ABC Administrator or the City Alcoholic Beverage Control Board hearing officer for a civil hearing, and shall subject to a civil penalty of not less than $200 and not more than $500 for each violation if convicted, if a penalty is not otherwise established in this chapter. Any imposed fine shall be delivered to the City Clerk to be deposited in the appropriate designated account within ten days after the date that a written decision of the City ABC Administrator is issued in which the fine is assessed. An appeal of the written decision of the City ABC Administrator does not stay the requirement to deliver the fine to the City Clerk. This section shall not apply to obligations imposed upon the City ABC Administrator or his or her employees under those sections. Notice of hearings shall be provided by delivering the same by U.S. mail to the address that was provided by the licensee with the application for the license, unless a change of address is submitted to the City Administrator subsequent to the submission of the application for license. Notice to the licensee must be postmarked at least seven days prior to the hearing. The City Attorney, or his or her designee, shall represent the city at the hearing. The licensee has the right to retain legal counsel for representation at the hearing; however, the city shall not provide counsel for the licensee if the licensee is unable to afford legal counsel. The City ABC Administrator shall issue a written decision, including findings of fact and conclusions of law, within ten days after the conclusion of the hearing. Any order of suspension or revocation issued by the City ABC Administrator may be appealed to the State Alcoholic Beverage Control Board within 30 days of the date of the order.
(Ord. 11-2012, passed 9-4-2012)