(A) Pursuant to KRS 241.160, there is hereby created the office of City Alcoholic Beverage Administrator.
(B) The Mayor shall serve as the City Alcoholic Beverage Control Administrator (hereinafter referred to as City ABC Administrator), unless the Mayor shall appoint someone else to fill the position pursuant to KRS 241.170.
(C) The City ABC Administrator may from to time appoint such additional personnel as is necessary to assist him or her in the administration of this chapter.
(D) The salary for the office of City ABC Administrator, if any, together with the salaries of any other personnel assisting the City ABC Administrator, shall be fixed from time to time by the City Council.
(E) 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 of Kentucky (hereinafter referred to as ABC Board) with respect to state licenses and regulations, except that no amendment to these regulations proposed by the City ABC Administrator may be less stringent than the statutes relating to Alcoholic Beverage Control, or than regulations of the ABC Board. No regulation of the City ABC Administrator shall become effective until the City Council has first appropriately approved it.
(F) No person shall be a City 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.
(G) The City ABC Administrator shall have all authority as authorized under KRS 241 through 244. The City ABC Administrator, and the ABC Administrator’s investigators and Murray City police officers may inspect any premises where alcoholic beverages are manufactured, sold, stored or otherwise trafficked in, without first obtaining a search warrant.
(H) Should the City ABC Administrator at any time have reasonable grounds to believe that any applicant, licensee, employee of a licensee, or any stockholder, agent or employee of a licensed corporation, LLC or other business organization, has a criminal record, he or she shall have the authority to require such person to appear in person at the Murray Police Department for the purpose of having his or her fingerprints taken.
(I) The City ABC Administrator before entering upon his or her duties as such, shall take the oath as prescribed in Section 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 ABC Administrator may require any employee under the ABC Administrator’s supervision to execute a similar bond in such penal sum as the Administrator deems necessary.
(J) Appeals from the orders of the City ABC Administrator 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. The Board shall hear matters at issue as upon an original proceeding. Appeals from orders of the City ABC Administrator shall be governed by KRS Chapter 13B.
(K) When any decision of the City ABC Administrator shall have been appealed, or when a protest has been lodged against an application for any license within the City, and the ABC Board shall have made a decision regarding such appeal or protested application, the City ABC Administrator, upon receipt of notice of finality of the decision, shall enter such orders and take such action as required by the final order of the ABC Board. As provided by law, and as used herein, no order of the ABC Board is final until all appeals or appeal times shall have been exhausted. A “final order” of the ABC Board is the order entered by said Board, unless an appeal is taken from the Board’s order, in which case the “final order” is the order entered by the Board upon direction from the reviewing court of last resort in the final order of said reviewing court.
(Ord. 2012-1585, passed 9-13-12)