241.110 County judge/executive as county administrator -- Appointment of person
478 words·~2 min read·
/ky/241-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
other than county judge/executive -- Investigators and clerks -- Powers and
jurisdiction -- Constitutional oath.
(a)The fiscal court of any county in which traffic in alcoholic beverages is not
forbidden under KRS Chapter 242 may by resolution declare that regulation
of the traffic in that county is necessary.
(b)The county judge/executive shall immediately constitute a county alcoholic
beverage control administrator for the county. However, the county
judge/executive may decline to accept this office, or after accepting the office,
the county judge/executive may resign from the office, and in either event,
notwithstanding the provisions of KRS 241.120, 241.140, and 241.150, the
county judge/executive may promptly appoint a person:
1. At least thirty
(30)years of age;
2. Who at the time of the appointment has been a citizen of the state and a
resident of that county for at least two
(2)years next preceding the date
of appointment; and
3. Who is able to qualify to serve at the pleasure of the county
judge/executive as county alcoholic beverage control administrator for
that county.
Before entering upon the duties of county alcoholic beverage control
administrator appointed by the county judge/executive, the appointee shall
take the oath prescribed by Section 228 of the Constitution. Upon the
qualification and appointment of this person as county alcoholic beverage
control administrator for the county, the person shall immediately notify the
department.
(2)The compensation of the county alcoholic beverage control administrator,
appointed by the county judge/executive, shall be fixed by the fiscal court in
accordance with KRS 64.530. The county judge/executive may also appoint any
investigators and clerks deemed necessary for the proper conduct of the county
alcoholic beverage control administrator's office, their salaries likewise shall be
fixed by the fiscal court pursuant to KRS 64.530, and they will serve at the pleasure
of the county judge/executive.
(3)No person shall be a county alcoholic beverage control administrator, an
investigator, or an employee of the county under the supervision of the county
alcoholic beverage control administrator, who would be disqualified to be a
member of the board under KRS 241.100.
(a)The county alcoholic beverage control administrator, appointed by the county
judge/executive, and the administrator's investigators, shall have full police
powers of peace officers, and their jurisdiction shall be over the
unincorporated areas of the county and within the corporate limits of any city
in the county not having its own administrator. They may inspect any
premises where alcoholic beverages are manufactured, sold, stored, or
otherwise trafficked in, without first obtaining a search warrant.
(b)The county alcoholic beverage control administrator, and any investigator
appointed by the administrator, shall not have the power to make arrests
unless he or she is certified in accordance with KRS 15.380 to 15.404.
(5)Before entering upon official duties, each county administrator shall take the oath
prescribed in Section 228 of the Constitution.