Should a request for a hearing be made regarding the refusal to issue or renew a license or for the suspension or revocation of a license, and if the City Administrator elects to hold such hearing, said hearing is to be held in a manner consistent with KRS Chapter 13B and pursuant to the general practice procedures found in the Kentucky Rules of Civil Procedure and the following shall apply:
(A) Definitions. All words are used as defined in the alcoholic beverage control law of Kentucky (KRS Chapters 241, 242, 243, and 244), unless otherwise specified.
(B) Appearances. Any applicant or licensee may appear and be heard in person, or by duly appointed attorney, and may produce under oath evidence relative and material to matters before the Board.
(C) Briefs. Briefs may be filed at the request of the City ABC Administrator, or at the option of the applicant or licensee.
(D) Notice.
(1) The hearing shall be conducted as soon as practicable and notice of the hearing shall be given to the parties not less than twenty (20) days in advance of the date set for the hearing, unless otherwise required by law. The City ABC Administrator shall make reasonable effort to schedule a hearing on a date that is convenient to the parties involved.
(2) The notice required by subsection (1) of this section shall be served on the requesting party by certified mail, return receipt requested, sent to the last known address of the party, or by personal service. Service by certified mail shall be complete upon the date on which the agency receives the return receipt or the returned notice.
(3) The notice required by this section shall be in plain language and shall include:
(a) A statement of the date, time, place, and nature of the hearing;
(b) The name, official title, and mailing address of the City ABC Administrator;
(c) The names, official titles, mailing addresses, and, if available, telephone numbers of all parties to the hearing, including the counsel or representative of the agency;
(d) A statement of the factual basis for the refusal to issue or renew, along with a statement of issues involved, in sufficient detail to give the parties reasonable opportunity to prepare evidence and argument;
(e) A reference to the specific statutes and administrative regulations which relate to the issues involved and the procedure to be followed in the hearing;
(f) A statement advising the person of his right to legal counsel;
(g) A statement of the parties’ right to examine, at least five (5) days prior to the hearing, a list of witnesses the parties expect to call at the hearing, any evidence to be used at the hearing and any exculpatory information in the agency’s possession; and
(h) A statement advising that any party who fails to attend or participate as required at any stage of the hearing process may be held in default under this chapter.
(4) If the City ABC Administrator decides not to conduct a hearing in response to a request, the Administrator shall notify the requesting party of his or her decision in writing, with a brief statement of the Administrator’s reasons and of any judicial or other review which may be available to the requesting party.
(E) Rules of Evidence. The rules of evidence governing civil proceedings in courts of the Commonwealth of Kentucky shall govern hearings before the City ABC Administrator; provided, however, that the hearing officer may relax such rules in any case where, in his judgment, the ends of justice will be better served by so doing.
(F) Subpoenas. The City ABC Administrator shall have subpoena power for such hearings and shall at the request of the applicant made with names and addresses of those desired issue with subpoenas.
(G) Transcripts. Upon request and at the costs of the applicant or licensee the hearing may be transcribed.
(H) Decisions. All decisions shall be written and based upon evidence developed at the hearing.
(Ord. 2003-13, passed 9-8-03; Am. Ord. 2013-10, passed 12-9-13)