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PIZZA PUB OF BURNSIDE v. COM., DEPT. OF ABC

No. 2012-CA-002031-MR.

416 S.W.3d 780 (2013)

PIZZA PUB OF BURNSIDE, Kentucky, Inc., d/b/a The Pub of Burnside, Appellant. v. COMMONWEALTH of Kentucky, DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL; and Commonwealth of Kentucky, Kentucky Alcoholic Beverage Control Board, Appellees.

Court of Appeals of Kentucky.

November 27, 2013.

Attorney(s) appearing for the Case

Stephen G. Amato , Preston C. Worley , Lexington, KY, for appellant.

Stephen B. Humphress , Frankfort, KY, for appellee, Commonwealth of Kentucky Department of Alcoholic Beverage Control.

David A. Smith , Frankfort, KY, for appellee, Commonwealth of Kentucky Alcoholic Beverage Control Board.

Before COMBS, LAMBERT, and THOMPSON, Judges.

OPINION

LAMBERT, Judge:

Pizza Pub of Burnside Kentucky, Inc., d/b/a The Pub of Burnside, ("Pizza Pub"), has appealed from the opinion and order of the Franklin Circuit Court affirming the decision of the Kentucky Alcoholic Beverage Control Board ("the ABC Board") to revoke its license to sell alcohol. Because we agree with Pizza Pub that its due process rights were violated and that the ABC Board should have continued the administrative hearing to...

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