(a) Pursuant to section 14-10 of the Code, this article shall be enforced by the director of revenue, citation officers within the division of revenue, and the administrative hearing board established in section 12-6 of the Lexington-Fayette County Code of Ordinances in accordance with the rules and procedures established therein.
(b) Pursuant to KRS 65.8821, the administrative hearing board established in section 12-6 of the Lexington-Fayette County Code of Ordinances and assigned hearing officer(s) shall have the authority to subpoena information from any person to determine whether there has been a violation of any ordinance that the board or hearing officer has jurisdiction to enforce. Any such subpoena shall:
(1) Be served upon the person, or its registered agent, if applicable, via certified mail;
(2) Identify the provision(s) of any ordinance that the government has reason to believe may have been violated; and
(3) Describe with reasonable specificity the evidence supporting the government's reasonable belief that a violation of said ordinance has occurred.
(c) Any person that violates section 13-84(a) through 13-89 of this article shall be subject to civil penalties, as imposed by a citation officer within the division of revenue in accordance with section 2B-6 of the Lexington-Fayette County Code of Ordinances, in the amount of five hundred dollars ($500.00) per offense.
(d) Any person that violates section 13-90 of the Lexington-Fayette Urban County Code of Ordinances shall be subject to the civil penalty provided in article I of this chapter for failure to pay the applicable tax or occupational license fee.
(e) Any person issued civil penalties for violations of section 13-84 through section 13-90 of this article may appeal to the administrative hearing board in accordance with section 12-6 and chapter 2B of the Code of Ordinances.
(f) Each day that a violation continues after notice of the offense has been served shall constitute a separate offense.
(g) The government shall possess a lien on the property owned by the licensee in accordance with section 2B-9 of the Code of Ordinances for all final citations issued under this section.
(h) In addition to the penalties provided herein, the director is authorized, with the assistance of the department of law, to bring and prosecute civil actions for violations of this article as appropriate, including, without limitation, actions for injunctive relief and declarations of rights, in any court of competent jurisdiction.
(i) Nothing provided herein shall limit the power of the director, as provided in section 13-84, to deny, revoke, or fail to renew the registration of a medicinal cannabis business.
(Ord. No. 062-2024, § 2, 6-27-24)