(A) Any license may be revoked or suspended by the Administrator if the licensee shall have violated any of the provisions of KRS Chs. 241 through 244, or any rule or regulation of the ABC Board, or of the Department of Revenue relating to the regulation of the manufacture, sale, or transportation or taxation of alcoholic beverages, or if such licensee shall have violated or shall violate any act of Congress or any rule or regulation of any federal board, agency, or commission, or this title, now, heretofore, or hereafter in effect relating to the regulation of the manufacture, sale, or transportation or taxation of intoxicating liquors or any rules or regulations of the city heretofore in existence or authorized by the terms of KRS Chs. 241 through 244 to be created, 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 or suspended for any cause which the Administrator, in the exercise of his or her sound discretion, deems sufficient.
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revocation, including notice of the reasons for such proposed action. The licensee shall be given an opportunity to be heard in opposition to the proposed revocation or suspension. The notice of proposed action shall advise the licensee of the date, time, and place of the hearing. Notice shall be sufficient if mailed to the licensee at the address shown in the last application for a license or in the last statement supplemental to or in amendment of the application, whether or not the mailing is receipted for or claimed.
(B) The specific procedures to be followed in hearings on actions for revocation or suspension shall be prescribed by the City Council by municipal order. Such order shall be maintained on file in the office of the Administrator and a copy furnished with any notice of proposed revocation or suspension sent to a licensee. If the City Council shall fail to adopt such municipal order, the procedures shall be those set out in the Commonwealth Administrative Procedure Act (KRS Ch. 13B).
(C) A decision of the Administrator revoking or suspending a license may be appealed as provided in KRS 241.200 and KRS 243.550.
(D) (1) Within three days after any order of revocation or suspension of a license becomes final; notice of revocation shall be given to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the licensed premises at the address shown in the last application for a license or in the last statement supplemental to the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his or her license to the Administrator.
(2) If the revoked or suspended license is not forthwith surrendered by the licensee, the Chief of Police at the request of the Administrator shall immediately cause one of his or her officers to take physical possession of the license and return it to the Administrator.
(E) Appeals from the decision of the Administrator revoking or suspending a license shall be to the ABC Board. The timely filing of an appeal shall stay further proceedings for revocation.
(F) If a license is revoked or suspended by an order of the Administrator, and the decision is not appealed, the licensee shall at once suspend all operations authorized under his or her license. Upon the entry of a final order of the ABC Board sustaining or ordering revocation or suspension on appeal, the licensee shall at once suspend all operations authorized under his or her license.
(Ord. 2014-03, passed 4-15-2014)