(A) Alcoholic Beverage Control Administrator.
(1) Pursuant to KRS 241.160 and KRS 241.170, there is hereby created the office of the City of Wilmore Alcoholic Beverage Control Administrator.
(2) The Mayor of the city appoints the Chief of the Wilmore Police Department, an employee of the city to serve as the City Alcohol Beverage Administrator, pursuant to KRS 241.170.
(3) The City Alcohol Beverage Administrator may from time to time appoint such additional personnel, such as Alcohol Beverage Control Investigator(s), as is necessary to assist him or her in the administration of this chapter.
(4) The City ABC Administrator shall have the same duties and functions regarding local license applications and renewals as the State Department of Alcoholic Beverage Control ("Department") with respect to state licenses. The City ABC Administrator shall have the same duties and functions regarding local license penalization as the Alcoholic Beverage Control Board ("Board") with respect to state license penalization.
(5) To prevent potential conflicts of interests, no person shall be a City ABC Administrator, an investigator, or an employee of the city under the supervision of the City ABC Administrator, who would be disqualified to be a member of the Board under state law set forth in KRS 241.100.
(6) The City ABC Administrator shall have authority delegated by the Mayor, and as authorized under KRS Chs. 241 through 244. The City ABC Administrator, and his or her investigators, shall have jurisdiction co-extensive with the boundaries of the city.
(7) The City ABC Administrator and his or her investigators shall have available at all reasonable times for their inspection all books and records required to be maintained by licenses under KRS 244.150 and the City ABC Administrator shall receive copies of all reports submitted by licensees to the Department.
(8) The City ABC Administrator, before entering upon his or her duties, shall take the oath as prescribed in Section 228 of the Constitution. The ABC Administrator and any employee delegated or assigned to the ABC Administration may also be asked to execute a bond in such penal sum as the city deems necessary unless the person is already covered under the city's active bonds as required under KRS in regards to officials and employees of the city.
(B) Appeals.
(1) Appeals from the orders of the City ABC Administrator may be taken to the State ABC Board by filing a notice of appeal with the Board within 30 days after the decision or order of the County ABC Administrator is mailed or delivered by personal service. The notice of appeal shall specify the County Administrator by name and shall identify the decision or order, or part of the decision or order, being appealed. The notice shall contain a certificate that a copy of the notice has been served on the City ABC Administrator and shall be accompanied by a copy of the decision or order being appealed. Matters at issue shall be heard by the Board as upon an original proceeding. Appeals from decisions or orders of the County Administrator shall be governed by KRS Ch. 13B.
(2) As provided by law no appealed City ABC Administrator order or decision, or resulting State Board order, shall become effective or final until all Board appeals, court appeals, or appeal times shall have been exhausted. When a Board order becomes final and effective, the City ABC Administrator shall enter such orders and take such action as required by the final order of the Board.
(Ord. 2021-2, passed 3-15-2021; Ord. 2022-8, passe 9-19-2022)