July 15, 2014
804 KAR 4:150. Request for citation.
RELATES TO: KRS 241.060, 243.520
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.520 authorizes revocation proceedings against the licensee upon the complaint of "any person." In furtherance of that statute, this administrative regulation provides that any competent citizen of Kentucky may, by affidavit under oath, request a citation against a licensee. Although all hearings before the Alcoholic Beverage Control Board are civil in nature, this administrative regulation equates the right of any citizen to file a formal complaint and have a warrant issued pursuant to criminal law.
Section 1. Any
competent citizen of Kentucky, under oath by affidavit, may request of the Department
of Alcoholic Beverage Control[
Alcoholic Beverage Control Board] in
writing that a citation be issued against any licensee, requiring them to show
cause why the licensee's license or application should not be refused, suspended
or revoked. Such requests shall state the name and address of the licensee or
applicant, the reason for the request, state the offense committed and give the
approximate hour and day of the violation. (ABC 3:140; 1 Ky.R. 357; eff. 2-5-1975.)