(A) Any alcoholic beverage license issued under this chapter may be revoked or suspended by the Alcoholic Beverage Control Administrator for any cause or reason set forth in KRS 243.450, 243.490 and/or 243.500, as well as for violation of any city ordinance regarding alcoholic beverage licensing, sales or administrative regulations pertaining thereto promulgated by the Local Administrator, or any violation of the Lewisport Municipal Code relating to licenses, taxation and miscellaneous business regulations.
(B) A violation of any of the provisions of this chapter or any amendment thereof, by an employee or duly authorized agent of a licensee shall constitute a violation by the licensee.
(C) It shall be the duty of the Chief of Police to report in writing to the Alcoholic Beverage Control Administrator any violation of state law or this chapter or any amendment thereto, or of any rules or regulations duly adopted by the Administrator, that are observed by members of the Police Department. When any licensee shall violate any such statute, ordinance or other provisions of this chapter relating to the sale or consumption of alcoholic beverages, or any amendments or supplements thereto, or any of the rules and regulations adopted by the State Alcoholic Beverage Control Board or any acts of Congress or rule or regulation of any federal board, agency or commission relative to the regulation and taxation of alcoholic beverages, or upon conviction by a court of competent jurisdiction of any such violation, the City Alcoholic Beverage Control Administrator is hereby authorized to initiate proceedings to suspend or revoke any license issued under this chapter.
(D) Suspension/revocation; notice of violation; hearing. The Alcoholic Beverage Control Administrator may initiate proceedings to suspend or revoke a license issued under this chapter by serving the licensee with a written “notice of violation”setting forth the reasons for the suspension or revocation and notifying licensee of the date, time and place of a hearing to be held by the Administrator, or some other person designated by him or her for that purpose, on the alleged violation(s). The notice requirements of this section are satisfied if the Administrator sends the “notice of violation” to the licensee's last known address according to the license records on file. The “notice of violation” required herein shall be personally served on or sent to the licensee at his or her last known address at least seven days prior to the date on which the hearing is to be held, At the hearing, the licensee shall be given the opportunity to “show cause” why his or her license should not be suspended or revoked, as the case may be. The licensee shall also be entitled to be represented by legal counsel, shall be entitled to examine the evidence in support of the alleged violation(s), may cross examine witnesses and submit evidence on the licensee's behalf. The Administrator or designated hearing officer shall not be bound by formal rules of evidence and may admit hearsay evidence under appropriate circumstances. At the conclusion of the hearing, or within a reasonable time thereafter, the Administrator or his or her designee shall issue an order either dismissing the “notice of violation”, suspending the license for a designated time period or revoking the license in its entirety. At the conclusion of the hearing, or within a reasonable time thereafter, the Administrator or his designee shall issue findings of fact and conclusions of law to support its decision and a copy of same shall be mailed to the licensee in question. A copy of the decision of the Administrator or his or her designee shall be submitted to the City Manager.
(E) Automatic revocation. At any time after a license has been issued under the provisions of this chapter, the same shall be automatically revoked by the Alcoholic Beverage Control Administrator without the requirement of the hearing set forth immediately hereinabove, if the alcoholic beverage license is revoked by the State Alcoholic Beverage Control Board.
(F) Payment of fines in lieu of suspension.
(1) Upon proceedings for the revocation of any license issued under KRS Chapter 243 and this chapter, the Alcoholic Beverage Control Administrator, may, in his or her discretion, order a suspension of the license for any cause for which it may, but is not required to, revoke the license under the authority granted in this section. However, the licensee may have the alternative, subject to the approval of the Alcoholic Beverage Control Administrator, to pay in lieu of part or all of the days of any suspension period, a sum as follows:
(a) Distilled, rectifiers, vintners, brewers and blenders, $1,000 per day;
(b) Wholesale liquor licensees, $400 per day;
(c) Wholesale beer licensees, $400 per day;
(d) Retail licensees authorized to sell distilled spirits, wine or beer by the package or drink, $50 per day; and
(e) All remaining licensees, $50 per day.
(2) Payments in lieu of suspension collected by the Administrator shall be deposited and used as local alcoholic beverage license fee receipts are deposited and used.
(G) Appeals from any order or decision of the Alcoholic Beverage Control Administrator may be taken to the State Alcoholic Beverage Control Board by filing with the Board within 30 days a certified copy of the order(s) of the City Alcoholic Beverage Control Administrator. Matters at issue shall be heard by the Board as an original proceeding. Appeals from orders of the Alcoholic Beverage Control Administrator shall be governed by KRS Chapter 13B.
(Ord. 19-8, passed 12-12-19)