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HomeMy Public PortalAboutORD09611 BILL NO. -- '/ .f INTRODUCED BY COUNCILMAN J 0 NANCE NO. r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, 1978, BY REPEALING SECTION 5-21 RELATING TO REVOCATION OF INTOXICATING LIQUOR LICENSE, BY RE- PEALING SECTION 5-34 RELATING TO REVOCATION OF NONINTOXICATING BEER LICENSE AND ENACTING NEW SECTION 5-21 AND 5-34 RELATING TO THE SAME IN LIEU THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : SECTION 1. The Code of the City of Jefferson is hereby amended by repealing Section 5-21 and enacting a new Section 5-21 in lieu thereof to read as follows: Section 5-21. Suspension or Revocation of License. The Board of Liquor Control may, in addition to other penalties provided by ordinance, suspend or revoke the license if the licensee or his employees or agents violate any of the following provisions: (a) An offense resulting in a conviction involving the use of force or violence upon the person of another in the operation of the business of licensee; (b) A conviction of a crime involving a felony by licensee or any of the officers or the managing officer of licensee; (c) Any false, misleading or fraudulent statement of fact in the license application for the licensee or in any other document required by the City in conjunction therewith; (d) Violation of any of the provisions of this Article or any of the laws of this City; (e) Violation of the laws of the State of Missouri, the United States of America, or any rule or regulation per- taining to the sale and licensing of intoxicating liquors; (f) Operation of the business in such a manner that it constitutes a nuisance to the neighborhood; (g) Conduct by the officers, employees, or managing officers of the licensee such as public 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 an individual who is licensed pursuant to this Chapter. For purposes of this section premises shall include the licensed premises , • the parking lots and the area around the business which is owned, used, maintained as part of the business. The Board of Liquor Control shall notify the licensee in writing of the intended action and the reasons therefor, 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 file a written request for hearing with the City Clerk within ten (10) days of the notice. If a notice of hearing is received, the Board of Liquor Control shall proceed in accordance with Section 5-21. 1. I Section 5-21. 1 Hearings - Suspension, Revocation, Renewals , or Denial of License. Any person who has been denied a license or renewal thereof by the Board of Liquor Control or who is licensed pursuant to this Article and who has received a notice of intent to suspend or revoke said license may request a hearing before the Board of Liquor Control. Requests for such hearings shall be filed with the City Clerk within ten (10) days after notice is given or the intention to suspend or revoke. Upon receipt of a timely written request for hearing, the Board of Liquor Control, or a hearing examiner designated by the Board of Liquor Control, shall call a hearing and shall set forth in writing and send to the applicant or licensee or permittee, by means of registered mail, certified mail or hand delivery, notice that 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 denial, suspension or revocation of a license or permit. The notifi- cation shall include the date, time and place of the hearing. The Board of Liquor Control is hereby authorized to appoint a hearing examiner who shall have authority to conduct the hearing as set forth herein. 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 fails 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 of Liquor Control if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing officer. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. For purposes of appeal, the decision of the hearing officer shall be final. Upon a final decision being rendered, the parties 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 date of the decision is final. Section 5-21. 2 Revocation - Effect on Reissuance of License. Whenever the City has revoked a business license it shall be necessary before any license is issued to operate a liquor establishment at the same location that the procedures for issuance of a license be followed as set forth in Section 5-13, 5-14 and 5-15 of this Chapter. . Section 5-21. 3 Renewals - Legal Effect. Before the Board of Liquor Control renews a liquor license under this Chapter the Board of Liquor Control shall determine if the applicant has complied with the laws of the City per- taining to liquor establishments. If the Board of Liquor Control determines that the applicant has failed to comply with the laws of the City the Board of Liquor Control shall not issue the license and shall notify the applicant pursuant to Section 5-21. 1. SECTION 2. The Code of the City of Jefferson is hereby amended by repealing Section 5-34 and enacting a new Section 5-34 in lieu thereof to read as follows: Section 5-34 . Suspension or Revocation of License. The Board of Liquor Control may, in addition to other penalties provided by ordinance, suspend or revoke the license if the licensee or his employees or agents violate any of the following provisions: 2 - } M (a) An offense resulting in a conviction involving the use of force or violence upon the person of another in the operation of the business Of licensees (b) A conviction of a crime involving a felony by licensee or any of the officers or the managing officer or licensee; (c) Any false, misleading or fraudulent statement of fact in the license application for the licensee or in any other document required by the City in conjunction therewith; (d) Violation of any of the provisions of this Article or any of the laws of this City; (e) Violation of the laws of the State of Missouri, the 4:; United States of America, or any rule or regulation per- taining to the sale and licensing of intoxicating liquors; (f) Operation of the business in such a manner that it constitutes a nuisance to the neighborhood; (g) Conduct by the officers, employees, or managing officers of the licensee such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises or other similar conduct s which shows improper conduct by an individual who is } licensed pursuant to this Chapter. For purposes of this section premises shall include the licensed premises, the parking lots and the area around the business which is owned, used, maintained as part of the business. The Board of Liquor Control shall notify the licensee in writing of the intended action and the reasons therefor, 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 file a written request for hearing ?Y;ri4 with the City Clerk within ten (10) days of the notice. rk4:t�, If a notice of hearing is received, the Board of Liquor 4 '.YrEs Control shall proceed in accordance with Section 5-34.1. •e r.,.: Section 5-34.1 . Hearings - Suspension, Revocation, Renewals, or Denial of License. Ai '3 A Any person who has been denied a license or renewal thereof MW by the Board of Liquor Control or who is licensed pursuant to this Article and who has received a notice of intent to sus- pend or revoke said license may request a hearing before the Board of Liquor Control. Requests for such hearings shall be filed with the City Clerk within ten (10) days after notice is given of the denial or the intention to suspend or revoke. Upon receipt of a timely written request for hearing, -the Board of Liquor Control, or a hearing examiner designated by the Board of Liquor Control, shall call a hearing and shall Y;n set forth in writing and send to the applicant or licensee or permittee, by means of registered mail, certified mail or hand delivery, notice that 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 'r determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or per- mit. The notification shall include the date, time and place of the hearing. The Board of Liquor Control is hereby authorized to appoint a hearing examiner who shall have authority to con- duct the hearing as set forth herein. 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 fails 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 per- mit shall be considered unrebutted. The hearing need not be conducted according to the rules of evidence. Any relevant 3 - evidence may be admitted and considered by the Board of Liquor Control if it is the sort of evidence on which responsible per- sons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing officer. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. For purposes of appeal, the decision of the hearing officer shall be final. Upon a final decision being rendered, the parties 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 date of a decision is final. Section 5-34 . 2 Reyocgtion - Effect on Reissu nce of License. Whenever the City has revoked a business license it shall be necessary before any license is issued to operate a liquor establishment at the same location that the procedures for issuance of a license be followed as set forth in Section 5-13, 5-14 , and 5-15 of this Chapter. Section 5-34 . 3 Renewals - Legal Effect. F Before the Board of Liquor Control renews a liquor license issued under this Chapter the Board of Liquor Control shall determine if the applicant has complied with the laws of the City pertaining to liquor establishments. If the Board of Liquor Control determines that the applicant has failed to comply with the laws of the City the Board of Liquor Control shall not issue the license and shall notify the applicant pursuant to Section 5-34 . 1. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, 4 such decision shall not affect the validity of the remaining portions of this Chapter. The Council hereby declares that it would have adopted the Chapter and each section, subsection, x" sentence, clause or phrase thereof. , irrespective of the fact =i- that any one or more sections subsections sentences clauses -;r or phrases be declared invalid. SECTION 4. This ordinance shall be in full force and effect from and after passage. Passed Ze Approved P. 10 A i rF. Pre dent of the ouncil Mayor ATTEST: ity Clerk 4 -