(A) The office of City Alcoholic Beverage Control Administrator (the “Administrator”) is hereby created and established.
(B) The functions of the Administrator shall be the same with respect to city licenses and regulations as the functions of the Commonwealth Alcoholic Beverage Control Board (the “ABC Board”) with respect to state licenses and regulations, except that no amendment to these regulations proposed by the Administrator may be less stringent than the statutes relating to alcoholic beverage control, or than regulations of the ABC Board.
(C) No regulation of the Administrator shall become effective until the City Council has first appropriately approved it.
(D) No person shall be an Administrator, an investigator, or an employee of the city under the supervision of the Administrator who would be disqualified to be a member of the ABC Board under KRS 241.100.
(E) The Administrator shall have all authority as authorized under Chs. 241 through 244 of the Kentucky Revised Statutes.
(F) The Administrator, and any Administrator’s investigators, may inspect any premises where alcoholic beverages are manufactured, sold, stored, or otherwise trafficked in, without first obtaining a search warrant as otherwise in accordance with law.
(G) Should the 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, limited liability company, 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 City Police Department for the purpose of having his or her fingerprints taken.
(H) The Administrator, before entering upon his or her duties as such, shall take the oath as prescribed in § 228 of the Constitution of the commonwealth and shall execute a bond with a good corporate surety in the penal sum of not less than $1,000. The Administrator may require any employee under the Administrator’s supervision to execute a similar bond in such penal sum as the Administrator deems necessary.
(I) Appeals from order(s) of the Administrator may be taken to the Commonwealth ABC Board by filing with the ABC Board, within 30 days from the entry of an order of the Administrator, a certified copy of the order(s) from which an appeal is taken.
(J) The ABC Board shall hear all matters as an original proceeding. Appeals from order(s) of the Administrator shall be governed by KRS Ch. 13B.
(K) (1) When any decision of the 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 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.
(2) 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. 2014-03, passed 4-15-2014)