241.060 Functions, powers, and duties of board.
466 words·~2 min read·
/ky/chapter-241/241-060A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The board shall have the following functions, powers, and duties:
(1)To promulgate reasonable administrative regulations governing procedures relative
to the applications for and revocations of licenses, the supervision and control of the
use, manufacture, sale, transportation, storage, advertising, and trafficking of
alcoholic beverages, the retail licensing and distribution of cannabis-infused
beverages, and all other matters over which the board has jurisdiction. The only
administrative regulation that shall be promulgated in relation to the direct shipper
license is to establish the license application, as set forth in KRS 243.027(4). To the
extent any administrative regulation previously promulgated is contrary to the
provisions of KRS 13A.120(2), the board shall repeal or amend the administrative
regulation as necessary by January 1, 2022. Administrative regulations need not be
uniform in their application but may vary in accordance with reasonable
classifications;
(2)To limit the number of licenses of each kind or class to be issued in this state or any
political subdivision, and restrict the locations of licensed premises. To this end, the
board may make reasonable division and subdivision of the state or any political
subdivision into districts. Administrative regulations relating to the approval,
denial, and revocation of licenses may be different within the several divisions or
subdivisions;
(3)To hold hearings in accordance with the provisions of KRS Chapter 13B. The
department may pay witnesses the per diem and mileage provided in KRS 421.015;
(4)To conduct hearings and appeals under KRS 241.150, 241.200, 241.260, 243.470,
243.520, 438.308, 438.309, 438.312, 438.316, and 438.340 and render final orders
upon the subjects of the hearings and appeals;
(a)To order the destruction of evidence, other than contraband alcoholic
beverages suitable for public auction under paragraph
(b)of this subsection, in
the department's possession after all administrative and judicial proceedings
are conducted.
(b)To dispose of contraband alcoholic beverages through public auction if:
1. A final order relating to those contraband alcoholic beverages has been
entered after all administrative and judicial proceedings are conducted,
if applicable;
2. The entire proceeds of the public auction are donated to the alcohol
wellness and responsibility education fund established in KRS 211.285;
and
3. The board deems the inventory safe to release to the public, including
but not limited to the alcoholic beverages being in their original,
unopened packaging;
(6)To suspend, revoke, or cancel for cause, after a hearing in accordance with KRS
Chapter 13B, any license; and
(7)To prohibit the issuance of a license for the premises until the expiration of two
years from the time the offense was committed if a violation of KRS Chapters 241
to 244 has taken place on the premises which the owner knew of or should have known of, or was committed or permitted in or on the premises owned by the licensee.