RELATES TO:

KRS 243.100, 243.520

STATUTORY AUTHORITY:

KRS 241.060

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 241.060(1) authorizes the board to promulgate reasonable regulations governing procedures relative to the applications for and revocations of licenses, and the supervision and control of the use, manufacture, sale, transportation, storage, advertising, and trafficking of alcoholic beverages. This administrative regulation empowers the board to continue administrative proceedings to adjudicate violations of KRS Chapters 241 to 244 by licensees and former licensees despite the surrender of their licenses in order to ensure that licensees who violate alcoholic beverage control laws are held accountable and duly prevented from becoming licensed again for two (2) years in accordance with KRS 243.100.

1. Section 1. The surrender or expiration of a license shall not affect a proceeding to suspend or revoke a license. The board shall retain the authority to enforce relevant provisions and penalties of KRS Chapters 241 to 244 against any individual or business entity who is under investigation for or charged with a violation of those chapters, even if the individual's or business entity's license has been surrendered or has lapsed by operation of law.
2. Section 2. This administrative regulation shall not be interpreted to relate to direct shipper licenses.

History

(48 Ky.R. 1411, 2083; eff. 4-5-2022.)

FILED WITH LRC: December 9, 2021

CONTACT PERSON: Joshua Newton, General Counsel, Department of Alcoholic Beverage Control, 500 Mero Street, 2 NE #226, Frankfort, Kentucky 40601, phone (502) 782-0770, fax (502) 564-4850, email Joshua.Newton@ky.gov.