(A) Show cause hearing. Hearings on alleged violations shall be in the manner of a “show cause” hearing at which the licensee shall bear the burden of persuasion that the alleged violation did not occur. The licensee shall be afforded the right to:
(1) Reasonable notice of the charge;
(2) Representation;
(3) Presentation of such evidence and witnesses as in its discretion are appropriate to the issue; and
(4) A finding reasonably supported by the evidence.
(B) Hearing officer. Pursuant to § 117.02(B)(4) above, the city’s administrating officer may designate a city employee or other person as the hearing officer to conduct the hearing provided for in this section. In the event of such a designation, the hearing officer’s determination shall be in the form of a recommendation upon which the city’s administrating officer shall determine appropriate action.
(C) Appeal. Pursuant to KRS 241.200, all orders of the city’s administrating officer may be appealed to the Alcoholic Beverage Control Board.
(D) Referral to ABC. In lieu of the hearing authority provided above, allegations of violations of this subchapter may be referred to the Alcoholic Beverage Control Board for determination.
(Ord. 747, passed 3-3-2015; Ord. 783, passed 8-17-2023)