(A) There is hereby created the office of Alcoholic Beverage Control Administrator. The Alcoholic Beverage Control Administrator official mandated by KRS 241.170 is referred in KRS Chapters 241 through 244 as "ABC administrator" and the definition of ABC administrator contained in KRS 242.010(12) provides that this term "...means city alcoholic beverage control administrator." The Mayor shall appoint the City ABC Administrator.
(B) The City ABC Administrator may from time to time appoint additional personnel as is necessary to assist him or her in the administration of this chapter and/or any state laws or regulations.
(C) The functions of the City ABC Administrator shall be the same with respect to the city licenses and regulations as the functions of the Alcoholic Beverage Control Board of the Commonwealth (hereinafter referred to as ABC Board) with respect to state licenses and regulations. Further, the City ABC Administrator and city police officers are authorized to enforce this chapter for violations. The City ABC Administrator and any investigator acting under the authority of the City ABC Administrator, shall have the full police powers of peace officers within the boundaries of the City of Morgantown and they along with any authorized law enforcement officer, may inspect any premises where alcoholic or malt beverages are manufactured, sold, stored or otherwise trafficked without first obtaining a search warrant.
(D) No person shall be a City ABC Administrator, an Assistant ABC Administrator, an investigator or an employee of the city under the supervision of the City ABC Administrator, who would be disqualified to be a member of the ABC Board under KRS 241.100.
(E) The City ABC Administrator or any assistant ABC Administrator(s) shall have all authority as authorized under KRS Chapter 241 through 244 and any other state statutes.
(F) Should the City ABC Administrator or any assistant ABC Administrator(s) at any time have probable cause to believe that any applicant, licensee, employee of a licensee or any stockholder, agent or employee of a licensed corporation, of any member of any company has a criminal record, he or she shall have the authority to require such person to appear in person at the City Police Department for the purpose of having his or her fingerprints taken.
(G) The City ABC Administrator or any assistant ABC Administrator(s), before entering upon his or her duties as such, shall take the oath of office as prescribed in § 228 of the Constitution and shall execute a bond with a good corporate surety in the penal sum of not less than one thousand dollars ($1,000.00), the cost of which shall be paid by the city.
(H) (1) Appeals from the Orders of the City ABC Administrator or assistant ABC Administrator(s) may be taken to the State ABC Board by filing with the Board within thirty (30) days a certified copy of the Orders of the City ABC Administrator.
(2) Matters at issue shall be heard by the Board as upon an original proceeding.
(3) Appeals from orders of the City ABC Administrator or assistant ABC Administrator(s) shall be governed by KRS Ch. 13B.
(Ord. 2016-09, passed 11-10-16)