HomeMy Public PortalAboutORD13910 • Substitute by Councilman Schnitzler
to Bill 2005-22, as amended
BILL NO. 2005-22
SPONSORED BY COUNCILMAN Schnitzler
ORDINANCE NO. l Jq IO
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4,
ALCOHOLIC BEVERAGES, BY AMENDING ONE SECTION AND ADDING TWO NEW
SECTIONS, ALL PERTAINING TO PREVENTING UNDESIRABLE PATTERNS OF
CONDUCT WITHIN THE PREMISES SURROUNDING LIQUOR ESTABLISHMENTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The City Code, Chapter 4, Alcoholic Beverages, is hereby amended by
adding the following:
See.4.2.Liquor control board.
• A. The public policy of tine state and the city is that the holding of licenses to sell intoxicating liquors or
nonhnoxicating beer is a privilege and not a right. 'i•hc provisions of this section arc designed to ensure that liquor or
nonintoxicating beer licenses are granted only to persons of responsible and moral character.
B. There is hereby established for the city u liquor control hoard which shall he composed of the fire chief.
the seidanrdirectorafCo mmunit yDevclopntentandfnnanccdhrcetor,whoslallscrveaschainnanoftheboard. Noliccnse
shall he Issued without the written upprovut of a majority ol'the hoard of liquor control.(Ord.No. {330{,§3, 11.5-2001)
C. ne duty of tile liquor control board%hall be to determine whether or not applications for license comply
with the provisions of[his chapter. Licenses shall only he granted to persons of good character. In determining the good
character of the applicant,the liquor control board shall also apply the criteria set out in Section 4-43 of this Code.The liquor
control hoard shall not approve a license without first having obtained and reviewed the recommendations of the police chief.
IV liquor control board shall not be required to told any hearing of any kind whatsoever in determining whether a new
license shall be granted or all old license renewed,but may hold hearings If it dcenns such hearings in[he public interest.
D. All applications for licenses and all petitions soriiled with such applications shall hercrerredby the license
Inspector to the liquor control hoard by transmitting all applications to tine police chief who shall review and make
recommendation on all applications to the members of the liquorcontroh hoard. The review of the applications for license
shall normally he completed and returned to the finance department within ten (10) working days of the date of the
application.'rite liquorconlrol board shall also draw up and approve it form of appheitilon which tine finance depadnsrm shall
use.
F. Any applicant aggrieved by the decision of the liquor control board to deny or refuse to renew a liquor
license,or any citizen maintaining a residence,place or business,or owning property within six hundred(600)feel or[hc
property upon which the licensed establishment is located,may rile a petition with the city council within ten(10)days after
• Drafter's Note: Deleted text is shown thus, Insened text is shown thus.
C:\Program Filcs\WordPerfect Office I IN1yfhles\Council\OrdinanecsV005.022subs[2 schnitzhe I'INAL.wpd
• [tic action by tile liquorcontrol hoird appealing said action. The council shall have lite flual authority and may act as it deems
appropriate under law.
(Code 1977,§5-15;Ord.No.9525.§3, 10.20-80:Ord.No.9713.§ I, 12-7.81;Ord.No. 11547,§ 1,3-20-91)
Section 2. The City Code, Chapter 4, Alcoholic Beverages, is hereby amended by
adding the following;
Se,4 , View from Street.
In premises upon which the sale of alcoholic Ilpuor for consumptinn on the premises is licensed 121kg than as a
restauranlhar no cs reen,hl�curiafn.partition.article orrhineshallbcpeermittedInlhewindm%soruponrhedoors
of such licensed premises nor inside such premises,which shall prevent a clear vless•Into the Interior of such licensed
premises from the sly road or sidewalk at all times•and nn ham screen,Partition or other obstruction norms
arrangement of 11ghls or lighting shall be permitted In or about the Interior of such premises which shall prevent a
clear view of the entire Interlo r from a distance of g( cast six feet from the window or door fa ter sunset.rl(rooms
where I uorIssoldforconsumptiononthepremisesshallbecontinuouslyllehtedduringbusinesshourslbynatural
MlirsorlIficla white i1(so that L a soflhcinterlaroflhepremisesshal he clearly visible.In case the view Info
any such licensed premises reaulred b the foregoing provisions shall be wilfully obscured b the licensee orb;hint
wilfully Permi fed to be obscured or Zn any manner obstructed then such license shall be sob act to revocation in the
Manner hereinprovided.inorder)oenforcetheprovisionsofibissection.thgCitvAdministratorshellhavethc right
toe uirethefilingwithh, in of Ip arts.drawings and oholographsshowine the clearance of the view as above required,
Section 3. The City Code, Chapter 4, Alcoholic Beverages, Section 4-43, is hereby
amended as follows:
• Sec.443.Suspension or revocation generally.
A. The liquor control board may,in addition to other penalties provided by ordinance,suspend or revoke a
license issued pursuant to this division if the licensee or his employees or agents shall have been shown to he guilty of,to have
violated,or to be involved in,any of the following:
I. An offense resulting in it conviction involving the use of force or violence upon file person of
another in the operation of the business of licensee;
2. A conviction of a crime involving a felony by licensee or any of the officers or the managing
officer of licensee;
3. Any false,misleading or fmudulcnt statement of fact in the license npplicotion for the licensee
or in any other document required by the city in conjunction therewith;
4. Violation of any of the provisions of this article or any of the laws of this city;
5. Violation of the laws of the state, the United States of America, or any rule or regulation
pertaining to the sale and licensing of Intoxicating liquors;
6. Operation of the business in such a manner that it constitutes a nuisance to the neighborhood;
7. Conduct by the officers, employees, or managing officers of lite licensee such as public
• DraOcr's Note: Deleted text is shown thrn, Inserted text is shown thus.
C::1\program filcs\Wordperfoct Office 1 I\Myfiles%Council\Ordinances\-1005.022subst2 sclmitzier I'INAI..wpd 2
�[ C�W"c � %v)�1 U'1('.A.t".o✓. .,p L c,v V (.l w*,1 V`
1
• drunkenness when working or while on the premises,indecent exposure when working or when
on the premises or other conduct which shows improper conduct by no individual who is
licensed pursuant to this division. For purposes of this section cha ter,the term"premises"
shall include the licensed premises,file parking lots and the area around the business which is
owned,used,maintained as part of the business and an area surrounding tcstablishment
measuriae Billy fee In alf directions from each entrance or gxil to the establishment:
W 2f sith ow!
_ rovidedhosvever that Innoev n %halllhe
Premises bc less thanthe rsopertybounderval'ki2nwh(chthe establishment Is located.;
g. Lack of proper control of customers. The licensee shall use good judgment in the sale of
intoxicating beverages and shall not sell same to persons obviously intoxicated. I fanycusfomer
becomes unruly or abusive,it shall be the duty of the licensee to call and fully cooperate with
police,or other law enforcement authority. Tile licensee shall take appropriate and necessary
steps to supervise the premises immediately outside the liquor establishment,shall keep said
premises free from liner,and shall not allow the premises to become a gathering location forthe
liquor establishment's customers. The licensee shall take reasonable steps,hated Lm past
ncidents tb rreyent eQ rsonswhohaverecent[ Left The establishment orwhoarewaiting
Lo enter 0—e establishment front disturbing the eace fighting, discharging firearms,or
threalenine or intimldating passers—hL and shall not ep rmtt such ep_rsons Lo engage(n
lewd or lastivinui conduct,gambling,or urinating or defecating L up blic,
9. The operation or possession of any gambling device in or about the premises where intoxicating
liquor is sold,either in the original package or for consumption on the prendscs where sold.
• I0. Failure to cooperate fully with the police.the l.iauor Control Board,fire department,city
code inspectors, or any law enforcement agency,
11. Any establishment,except private clubs shall be open to the police,liquor control board.
fire department,city code Inspectors,and all law enforcement agencies at all times while
the public Is present and they shall not he obstructed by a locked door,
B. Theliquorcontrol board shall notipyllic licensee In writingofany intended action and the reasons thcrellor,
and of the right to request a hearing in regard thereto. The action indicated in the written notice shall be final unless the
licensee shall flit a written request for hearing with the city clerk within ten(10)days of the notice. If a request for hearing
is received,the board shall proceed in accordance with section 4.45.
C. In addition to suspending or revoking a license the Liquor Control (bard may place a licensee
under probation for a period not to exceed one year. If the Licensee violates the terms of lite
probation the Board may suspend or revoke lite licensee's license.
(Code 1977,✓§5.21,5.22;Ord.No.9611,A 1,4.21-R1;Ord.No.9713,§2, 12.7.111)
Section 4_. The City Code, Chapter 4, Alcoholic Beverages, Section 4-43, is hereby
amended as follows:
*Sec.4-40lienrings on suspension,or revocation.
The Board may request L City Counsc or to Investigate agy suspected violation and make
recommendations a!L Board action,
• Drafter's Note: Deleted text is shown thm. Inserted text is shown thus.
CAProgram FilesMordPerfect Ofricc I I\Myrhlcs%Council\Ordinnnces12005.022subst2 schnitzler FINAL.wpd 3
• r4 D. Any person who is licensed pursuant to this article and who has received n notice of intent to suspend or
revoke said license may request a hearing before the board. Requests forsuchhearings shall he filed with the city clerk within
fell(10)days after notice is given or the intention to suspend or revoke. Upon receipt of n timely written request for hearing,
the board,or a hearing examiner designated by the board,shall call a hearing and shall set forth in writing and send to the
applicant or licensee or permiuce,by means of registered mail,certified mail or hand delivery,notice(hat within a period of
not less than five(5)days nor more than fourteen(14)days from the date of the posting of said notice,a hearing shall be
conducted to determine the existence of any facts which constitute grounds for the suspension or revocation of n license or
permit. The notification shall include the date,time and pincc of the hearing.
C. if theDoardnot(fiexIt licensee chat It Intend sto eke some aetlon and the Icenseere uestsahcarine.
t e City Counselor shall get as prosecutor on behalf of the Board.
EF The board is hereby authorized to appoint a hearing examiner who shnll have authority to conduct the
hearingasso forth herein. At least two(2)members oftheboardshallheinattendance. The applicant or licensee may have
the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant
or licensee fnils to appear at the hearing,the evidence of the existence of facts which constitute grounds for the denial,
suspension or revocation of the license or permit shall be considered unrebutted. The hearing need not be conducted
according to the rules of evidence. Any relevant evidence may be admitted and considered by the board If it is the sort or
evidence on which responsible persons are accustomed to rely in the conduct ofserious affairs. Objections to evidence shall
be noted and a ruling given by the hearing examiner. A copy of the decision of the hearing examiner specifying findings or
fact and the reasons for the decision shall be furnished to the applicant or licensee. For purposes of appeal,the decision of
file hearing examiner,if ratified by file board,shall be final.
EL Upon a final decision being rendered, the panics shall be informed of the right to appeal under the
provisions of the Administrative Procedure Act. Any decision not appealed within thirty(30) days from the dmc of the
decision is final.
• (Ord.No,9611,§ i(S-21.1),4.21-81;Ord.No.9713,§2, 12.7-81;Ord,No. 11547,§ I,3.20.91)
Section 5, This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: -��J`� Approved; l/U ZGbS�
Presiding Officer Mayor
ATTEST: APPROVED AS TO F.0 RM:
City Clerk City dounselor
• Draper's Note: Deleted text is shown thee, Inserted text Is shown thus.
C:\Progmm Files\\4ordPcrfcct OfOce I IV NyI)les\Counc il\Ordlnances\2005.022subst2 schnitzler FINAL,wpd 4