(A) Revocations and suspensions.
(1) Any license may be revoked or suspended by the Local Administrator if the licensee violates any of the provisions of KRS Chapters 241, 242, 243 or 244, or any rule or regulation of the ABC Board or of the Department of Revenue relating to the regulation of the manufacture, sale and transportation or taxation of alcoholic beverages or if such licensee violates any act of Congress or any rule or regulation of any federal board, agency or commission, or this chapter now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors of any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Chapters 241, 242, 243 or 244 to be created, or if any clerk, agent, servant or employee of any licensee shall violate any of the laws, regulations or ordinances above referred to, irrespective of whether the licensee knew of or permitted the violation or whether the violation was committed in disobedience of his or her instructions, or any such license may be revoked for any cause which the Local Administrator in the exercise of his or her sound discretion deems sufficient. A license may be revoked for any of the reasons for which the Local Administrator would have been required to refuse a license if the facts had been known.
(a) First violation. The licensee shall be subject to a fine of five hundred dollars ($500.00) and shall have his or her license suspended for a period of seven (7) days.
(b) Second violation. For a second violation within two (2) years of the first violation, the licensee shall be subject to a fine of one thousand dollars ($1,000.00) and shall have his or her license suspended for a period of fourteen (14) days.
(c) Third and subsequent violations. For a third violation within two (2) years of the second violation, the licensee shall be subject to a fine of two thousand dollars ($2,000.00) and shall have his or her license suspended for a period of thirty (30) days.
(2) A revocation or suspension of a license shall become effective seven (7) consecutive days following the mailing by certified mail or hand-delivering of a notice of revocation or suspension, to the licensee and to the owner of the licensed premises. The licensee shall at once surrender his or her license to the Local Administrator. If the revoked license is not forthwith surrendered by the licensee, the Chief of Police at the request of the Local Administrator shall immediately cause one (1) of his or her officers to take physical possession of the license and return it to the Local Administrator.
(3) Upon notice of suspension of license by the Local Administrator, the licensee with the consent of the Local Administrator, may, in lieu of the suspension, pay to the city, the sum of fifty dollars ($50.00) per day for each day of suspension.
(4) Hearings conducted by the Local Administrator relating to suspension or revocation shall be conducted in the manner prescribed below. Notice of such hearing shall be mailed via certified mail or hand-delivered to licensee at the address on his or her application. Notice shall set the time and place of such hearing and contain charges of violations.
(5) Appeal from the decision of the Local Administrator shall be to the State ABC Board.
(B) Temporary closing. In the course of any one day of operation of a licensed premise, should multiple violations of the ordinance or other statutes or ordinances of a public disorder nature, for example disturbing the peace, be reported and investigated by the City Police Department, such reoccurrence shall be reported to the Local Administrator by the Chief of Police. The Local Administrator shall in the interest of public health, safety, morals, and welfare direct the Chief of Police to temporarily suspend the license in question for the remaining hours of the day in question by locking the premises after dispersing the patrons. The temporary suspension shall remain in effect until review of the alleged violations by the Local Administrator; such review shall occur on the next business day.
(C) Hearings.
(1) Should the applicant or licensee request the Local Administrator to hold a hearing, the general practice procedures found in the Kentucky Rules of Civil Procedure shall apply.
(2) Definitions. All words are used as defined in the Alcoholic Beverage Control Law of Kentucky (KRS 241, 242, 243, and 244) and this chapter unless otherwise specified.
(3) Appearances. Any applicant or licensee may appear and be heard in person, or by his or her attorney, and may produce under oath evidence relative and material to matters before the Local Administrator.
(4) Briefs. Briefs may be filed at the option of the applicant or licensee.
(5) Rules of evidence. The rules of evidence governing civil proceedings in courts in the Commonwealth of Kentucky shall govern hearings before the Local Administrator, provided, however, that the hearing officer may relax such rules in any case where, in his or her judgment, the ends of justice will be better served by so doing.
(6) Subpoenas. The Local Administrator shall have subpoena power for such hearings and shall at the request of the applicant, issue such subpoenas.
(7) Transcript. Upon request and at the cost of the applicant or licensee the hearing may be transcribed.
(8) Decisions. All decisions shall be written and based upon evidence developed at the hearing.
(1) First violation. The person shall be subject to a fine of two hundred dollars ($200.00).
(2) Second violation. For a second violation within two (2) years of the first violation, the person shall be subject to a fine of four hundred dollars ($400.00).
(3) Third and subsequent violations. For third and subsequent violations within two (2) years of the second violation, the person shall be subject to a fine of six hundred dollars ($600.00).
(E) Penalty for violation of § 113.11. The City Clerk shall notify the Code Enforcement Officer of those persons, firms or corporations who have refused to make a return and/or pay the tax due thereunder required by this chapter. Upon receipt of this information, the Code Enforcement Officer may issue a notice of violation to the offender. The notice shall specify a period of time the offender has to remedy the violation. If the offender fails or refuses to remedy the violation, the offender shall be issued a citation by the Code Enforcement Officer of the city. If the Code Enforcement Officer believes that the violation presents a serious threat to the public health, safety, and welfare or if, in the absence of immediate action, the effects of the violation will be irreparable or irreversible, or the violation is a repeated violation, the Code Enforcement Officer may issue a citation without a notice of violation.
(1) If the citation is not contested by the person or corporation with the violation, the following penalties shall apply; however, the Board may waive all or any portion of a penalty for an uncontested violation if, in its discretion, the Code Enforcement Board determines that such waiver will promote compliance with said ordinance:
First offense | $50.00 |
Second offense within two (2) years of the first offense | $75.00 |
Third and subsequent offenses within two (2) years of the second offense | $100.00 |
If the citation is contested and a hearing before the Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the Code Enforcement Board:
First offense | $500.00 |
Second offense within two (2) years of the first offense | $750.00 |
Third and subsequent offenses within two (2) years of the second offense | $1,000.00 |
(Ord. 5:2000, passed 5-8-00; Am. Ord. 20:2000, passed 12-11-00; Am. Ord. 12:2006, passed 6-12-06; Am. Ord. 21:2009, passed 8-10-09; Am. Ord. 30:2009, passed 11-9-09; Am. Ord. 28:2013, passed 11-11-13)