241.060 Functions, powers, and duties of board

241.060 Functions, powers, and duties of board.

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;

(5) (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 (2)

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.