If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or persons, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, said owner, agent or other person shall be deemed guilty of any violation of this chapter to the same extent as said licensee and be subject to the same punishment.
Every act or omission constituting a violation of any of the provisions of this chapter made with the authorization, knowledge or approval of the licensee, expressed or implied, shall be deemed the act of the licensee, and said licensee shall be punishable in the same manner as if said act or omission has been done or omitted by him/her personally.
A. 
The Local Liquor Control Commissioner may revoke or suspend any license issued by him/her if he/she determines that the licensee has violated any of the provisions of this chapter or of any valid ordinance or resolution enacted by the City Council or any applicable rule or regulations established by the Local Liquor Control Commissioner or the State Commission which is not inconsistent with law. In lieu of suspension or revocation, the Local Liquor Control Commissioner may instead levy a fine on the licensee for such violations.
[Amended 6-14-2010 by Ord. No. 2010-4]
(1) 
The fine imposed shall be as follows; each day on which a violation continues shall constitute a separate violation:
(a) 
First violation within a twelve-month period: not more than $1,000.
(b) 
Second violation within a twelve-month period: not more than $1,500.
(c) 
Third or subsequent violations within a twelve-month period: not more than $2,500.
(2) 
Not more than $15,000 $10,000 in such fines may be imposed against any licensee during the period of his/her license.
(3) 
Proceeds from such fines shall be paid into the general corporate fund of the City of Lexington.
B. 
However, no such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the Local Liquor Control Commissioner, with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the Local Liquor Control Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he/she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period; except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
C. 
The Local Liquor Control Commissioner shall, within five days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order upon the licensee within the five days.
The Local Liquor Control Commissioner shall have authority to enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or state liquor regulations have been or are violated, and at such time to examine said premises of said licensee in connection therewith.
Any five residents of the City of Lexington shall have the right to file a complaint with the Local Liquor Control Commissioner stating that any retailer licensee, subject to the jurisdiction of the Local Liquor Control Commissioner, has been or is violating the provisions of this chapter or the rules or regulations issued pursuant hereto. Such complaint shall be in writing in the form prescribed by the Local Liquor Control Commissioner and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which the belief is based. If the Local Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he/she shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint.