(A) A violation of any of the provisions of this chapter, or any amendment thereof, by a duly authorized agent or employee of a licensee shall constitute a violation by the licensee. It shall be the duty of the Chief of Police of the Louisville Metro Government to make a written report to the Louisville Metro Government ABC Administrator of any violation of this chapter or any amendment thereof, or of any of rules or regulations of the Louisville Metro Government ABC Administrator, observed by any member of the Police of the Louisville Metro Government. Whenever any licensee shall violate any provision of this chapter or any ordinance relating to the subject of alcoholic beverage control or any of the rules or regulations of the Louisville Metro Government ABC Administrator, or any of the provisions of the Alcoholic Beverage Control Laws of the Commonwealth of Kentucky, or any amendments or supplements thereto, or any of the rules and regulations adopted by the Kentucky 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, proceedings for the revocation of the license shall be instituted in the manner and under the procedure established by the Kentucky State Alcoholic Beverage Control Law.
(B) For a violation of any section of this chapter or any amendment thereof or of any rule or regulation of the Louisville Metro Government ABC Administrator, or of any rule or regulation of 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 on conviction by a court of competent jurisdiction for any such violation, the Louisville Metro Government ABC Administrator is authorized and empowered to order the revocation or suspension of any license issued under this chapter.
(C) Upon approval from the ABC Administrator, an emergency suspension may be ordered when it is reasonably believed that the health, welfare, safety, and/or security of the community is jeopardized by the continued operation of a licensee. In the instance of the immediate suspension of a license, licensees are entitled to an expedited hearing within three business days with the ABC Administrator. The licensee may appeal the decision of the ABC Administrator to the Kentucky Department of Alcohol Beverage Control within ten business days of the decision. An emergency suspension order will remain in effect until a final order is entered. A licensee may remain open during a suspension provided that alcohol is not being served and any alcohol inventory is secured.
(D) Emergency situations which support a finding that continued operation of the license holder pending a hearing would constitute a threat to the public health, safety, or welfare sufficient for emergency action are:
(1) Violations of the alcoholic beverage control laws that directly led, or contributed to, the death or serious physical injury of a person, regardless if the death or serious injury occurred on the licensed premises;
(2) Violations of KRS 244.080(1) in which five or more different minors were sold or served alcohol by the licensee within a 24 hour time period;
(3) Violations of KRS 244.125 wherein a firearm was discharged on the licensed premises;
(4) Excessive complaints against a licensee requiring local law enforcement to expend an inordinate amount of resources in a six month period; or
(5) Any other manmade or natural event which causes a reasonable person to believe the continued operation of the licensed premises would pose a serious threat to public health, safety or welfare.
(Lou. Metro Ord. No. 49-2003, approved 3-17-2003; Lou. Metro Am. Ord. No. 43-2024, approved 3-22-2024)