(A) City police officers and the City ABC Administrator and investigator(s) are hereby authorized to enforce this chapter in full for alleged violations.
(B) In addition to any criminal prosecution instituted against an alleged violator, the City ABC Administrator may assess the fines and penalties authorized in KRS 243.480, including the per diem assessments for ongoing violations. Should the fines or penalties assessed by the state change under KRS 243.480, then the fines or penalties under this chapter shall be adjusted accordingly to mirror the fines or penalties imposed by state law. Payment of all fines shall be remitted to the City ABC Administrator, who shall then transmit the fines to the City Clerk for deposit in the appropriate designated account.
(C) Administrative action. Violations of this chapter shall constitute grounds for administrative action by the city's administrating officer. Upon determination of a violation, the administrating officer may issue a warning and probationary period in which the violation must be corrected; a license suspension; or license revocation. Suspensions may be satisfied by the payment of a fine of fifty dollars ($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 one hundred dollars ($100) per day for no more than one-half (½) of the suspension.
(D) 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 issues; and
(4) A finding reasonably supported by the evidence.
(E) Hearing officer. 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 designation, the hearing officer's determination shall be in the form of a recommendation upon which the city administrating officer shall determine appropriate action.
(F) Appeal. Pursuant to KRS 241.200 all orders of the city administrating officer may be appealed to the Alcoholic Beverage Control Board.
(G) Referral to 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. 2018-18, passed 6-19-18)