(A) The Alcoholic Beverage Control Administrator (the “ABC Administrator”) shall be appointed by the Mayor with the consent of a majority of the members of the City Council, and may be removed by the Mayor with or without cause. No conflict of interest shall be deemed to arise if the individual appointed as ABC Administrator is also employed by the city in some other capacity.
(B) The ABC Administrator shall have the power and authority to promulgate such regulations as may be necessary to implement this subchapter, pursuant to KRS 241.190 and KRS 241.060.
(C) The functions of the ABC Administrator shall be the same with respect to the city’s Alcoholic Beverages Licenses and Regulations as the functions of the state’s Alcoholic Beverage Control Board with respect to state alcoholic beverages licenses and regulations, as provided in KRS 241.190, except that no amendments of proposed by the ABC Administrator shall be more stringent than the statutes relating to alcoholic beverage control, or than the regulations of the state ABC Board. Regulations of the ABC Administrator shall only become effective upon the appropriate approval of such by the City Council.
(D) The ABC Administrator and his or her assistants and investigators shall have the full police powers of peace officers, and their jurisdiction shall be coextensive with the boundaries of the city. They, and any city law enforcement officer, may inspect any premises where alcoholic or malt beverages are sold, stored or otherwise trafficked without first obtaining a search warrant.
(E) (1) The ABC Administrator and his or her assistants and investigators are authorized to examine and inspect, at any reasonable time, all books and records required to be maintained by licensees under KRS 244.150.
(2) In addition to the reports otherwise required by this subchapter, the licensee shall submit to the ABC Administrator a copy of all reports which the licensee is required or elects to submit to or file with the state’s Alcoholic Beverage Control Board.
(F) The ABC Administrator shall have the same powers and duties with respect to suspension and revocation for cause of city licenses as the state’s Alcoholic Beverage Control Board has with respect to state license under KRS 241.060, The ABC Administrator, on his or her own initiative or on the complaint of any person, may institute proceedings to revoke or suspend any license issued under this subchapter.
(Ord. 2011-06, passed 9-12-2011)