UNOFFICIAL COPY 25 RS BR 1516
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AN ACT relating to alcoholic beverage control administrators and investigators. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 241.090 is amended to read as follows: 3
(1) State administrators and all investigators shall have the full police powers of peace 4
officers, except as provided in subsection (2) of this subsection, and their 5
jurisdiction shall be coextensive with the state. They may inspect any premises 6
where alcoholic beverages are manufactured, sold, stored, or otherwise trafficked 7
in, without first obtaining a search warrant. They may confiscate any contraband 8
property. The jurisdiction and police powers of state administrators and all 9
investigators during an emergency declared under KRS Chapter 39A shall be 10
subject to the limitations of KRS 39A.090. 11
(2) A state administrator shall not have the power to make arrests unless he or she is 12
certified in accordance with KRS 15.380 to 15.404. 13
Section 2. KRS 241.110 is amended to read as follows: 14
(1) (a) The fiscal court of any county in which traffic in alcoholic beverages is not 15
forbidden under KRS Chapter 242 may by resolution declare that regulation 16
of the traffic in that county is necessary. 17
(b) The county judge/executive shall immediately constitute a county alcoholic 18
beverage control administrator for the county. However, the county 19
judge/executive may decline to accept this office, or after accepting the office, 20
the county judge/executive may resign from the office, and in either event, 21
notwithstanding the provisions of KRS 241.120, 241.140, and[ to and 22
including KRS] 241.150, the county judge/executive may promptly appoint a 23
person: 24
1. At least thirty (30) years of age;[,] 25
2. Who at the time of the appointment has been a citizen of the state and a 26
resident of that county for at least two (2) years next preceding the date 27 UNOFFICIAL COPY 25 RS BR 1516
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of appointment;[,] and 1
3. Who is able to qualify to serve at the pleasure of the county 2
judge/executive as county alcoholic beverage control administrator for 3
that county. 4
Before entering upon the duties of county alcoholic beverage control 5
administrator appointed by the county judge/executive, the appointee shall 6
take the oath prescribed by Section 228 of the Constitution. Upon the 7
qualification and appointment of this person as county alcoholic beverage 8
control administrator for the county, the person shall immediately notify the 9
department. 10
(2) The compensation of the county alcoholic beverage control administrator, 11
appointed by the county judge/executive, shall be fixed by the fiscal court in 12
accordance with KRS 64.530. The county judge/executive may also appoint any 13
investigators and clerks deemed necessary for the proper conduct of the county 14
alcoholic beverage control administrator's office, their salaries likewise shall be 15
fixed by the fiscal court pursuant to KRS 64.530, and they will serve at the pleasure 16
of the county judge/executive. 17
(3) No person shall be a county alcoholic beverage control administrator, an 18
investigator, or an employee of the county under the supervision of the county 19
alcoholic beverage control administrator, who would be disqualified to be a 20
member of the board under KRS 241.100. 21
(4) (a) The county alcoholic beverage control administrator, appointed by the county 22
judge/executive, and the administrator's investigators, shall have full police 23
powers of peace officers, and their jurisdiction shall be over the 24
unincorporated areas of the county and within the corporate limits of any city 25
in the county not having its own administrator. They may inspect any 26
premises where alcoholic beverages are manufactured, sold, stored, or 27 UNOFFICIAL COPY 25 RS BR 1516
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otherwise trafficked in, without first obtaining a search warrant. 1
(b) The [county judge/executive, serving as the ]county alcoholic beverage 2
control administrator, and any investigator appointed by the administrator, 3
shall not have the power to make arrests unless he or she is certified in 4
accordance with[under] KRS 15.380 to 15.404. 5
(5) Before entering upon official duties, each county administrator shall take the oath 6
prescribed in Section 228 of the Constitution. 7
Section 3. KRS 241.170 is amended to read as follows: 8
(1) (a) The city administrator in each city of the first class or the administrator in a 9
consolidated local government, and any investigators and clerks deemed 10
necessary for the proper conduct of this office, shall be appointed by the 11
mayor. 12
(b) The city administrator in each city of the first class or the administrator in a 13
county containing a consolidated local government, and the administrator's 14
investigators, shall have full police powers of peace officers, except as 15
provided in subsection (5) of this section, and their jurisdiction shall be 16
coextensive with boundaries of the city of the first class or the boundaries of 17
the county in a county containing a consolidated local government. 18
(c) They may inspect any premises where alcoholic beverages are manufactured, 19
sold, stored, or otherwise trafficked in, without first obtaining a search 20
warrant. 21
(2) (a) The city administrator in each city, other than a consolidated local 22
government, and any investigators and clerks deemed necessary for the proper 23
conduct of this office shall be appointed by the city manager if there is one. If 24
there is no city manager, the city administrator and any investigators or clerks 25
shall be appointed by the mayor. 26
(b) Except as provided under subsection (5) of this section, the jurisdiction of a 27 UNOFFICIAL COPY 25 RS BR 1516
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city administrator appointed pursuant to this subsection shall be coextensive 1
with the boundaries of the city, and the city administrator and the 2
administrator's investigators shall have the same powers authorized under 3
subsection (1) of this section. 4
(3) No person shall be an administrator, an investigator, or an employee of the city or a 5
consolidated local government under the supervision of the administrator, who 6
would be disqualified to be a member of the board under KRS 241.100. 7
(4) Before entering upon official duties, each city administrator shall take the oath 8
prescribed in Section 228 of the Constitution. An appointed city alcoholic beverage 9
control administrator shall immediately notify the department of qualification and 10
appointment. 11
(5) An administrator or investigator appointed under this section shall not have the 12
power to make arrests unless he or she is certified in accordance with KRS 15.380 13
to 15.404. 14
Section 4. KRS 241.230 is amended to read as follows: 15
(1) (a) The urban-county administrator in each urban-county government and any 16
investigators and clerks deemed necessary for the proper conduct of the 17
office, shall be appointed by the mayor. 18
(b) The urban-county administrator, and the urban-county administrator's 19
investigators, shall have full police powers of peace officers, except as 20
provided in subsection (4) of this section, and their jurisdiction shall be 21
coextensive with the urban-county governments. They may inspect any 22
premises where alcoholic beverages are manufactured, sold, stored, or 23
otherwise trafficked in, without first obtaining a search warrant. 24
(2) No person shall be an urban-county administrator, an investigator, or an employee 25
of the urban-county government under the supervision of the urban-county 26
administrator, who would be disqualified to be a member of the board under KRS 27 UNOFFICIAL COPY 25 RS BR 1516
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241.100. 1
(3) Before entering upon official duties, each urban-county administrator shall take the 2
oath prescribed in Section 228 of the Constitution. An appointed urban-county 3
alcoholic beverage control administrator shall immediately notify the department of 4
qualification and appointment. 5
(4) An urban-county administrator or investigator appointed under this section shall 6
not have the power to make arrests unless he or she is certified in accordance 7
with KRS 15.380 to 15.404. 8