(A) Administrative action. Violations of this chapter shall constitute grounds for administrative action by the city's administrating officer. Appropriate actions by the administrating officer upon the determination of a violation shall include a warning and probationary period in which the violation is corrected, a license suspension or license revocation. Suspensions may be satisfied by the payment of $50 per day. The action of the administrating officer shall be commensurate with the seriousness of the violation. Upon a finding of a subsequent material violation, the license may be suspended for such time as is commensurate with the seriousness of the offenses, or, if previously suspended, revoked. Subsequent suspensions may be satisfied by the payment of a fine of $50 per day for no more than one-half of the suspension.
(B) 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 by counsel;
(3) Presentation of such evidence and witnesses as in its discretion are appropriate to the issues; and
(4) A finding reasonably supported by the evidence.
(C) Hearing officer. Pursuant to § 117.02(D) above of this chapter, the city 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 administrating officer shall determine the appropriate action.
(D) Appeal. Pursuant to KRS 241.200 all orders of the city administrating officer may be appealed to the Alcoholic Beverage Control Board.
(E) Referral of ABC. In lieu of the hearing authority provided above, allegations of violations of this chapter may be referred to the Alcoholic Beverage Control Board for determination.
(Ord. 2002-15, passed 7-2-2002)