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HomeMy Public PortalAboutORD09713 �I BILL NO GD , AS AMENDED i� INTRODUCED BY COUNCILMAN ORDINANCE NO. 41 '713 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, 1978, BY REPEALING SECTION 5-15, RELATING TO BOARD OF LIQUOR CONTROL, BY REPEALING SECTION 5-21, RELATING TO REVOCATION OF INTOXICATING LIQUOR LICENSE, BY REPEALING SECTION 5-34 RELATING TO REVOCATION OF NON-INTOXICATING BEER LICENSE AND ENACTING NEW SECTIONS 5-15, 5-21, AND 5-34 RELATING TO THE SAME IN LIEU THEREOF. IBE 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 5-15 and enactin g a new Section 5-15 in lieu thereof to read as follows: Section 5-15. Board of Liquor Control, Application, Appeal. The public policy of the State of Missouri and the City of Jefferson is that the holding of licenses to sell intoxicating I liquors is a privilege and not a right. The following provisions then, are designed to insure that liquor licenses are granted onl, to persons of responsible and moral character. (a) Liquor Control Board. There is hereby established for ` the City of Jefferson a Liquor Control Board which shall be composed of the Fire Chief, Chief of Police, and Director of Planning and Code Enforcement, who shall serve as Chairman of the Board. The License Inspector shall issue no license without the written approval of a majority of the Board of Liquor Control. (b) Liquor Control Board, Duties. The duty of the Liquor Control Board shall be to determine whether or not appli- cations for license comply with the provisions of this - article. Licenses shall only be granted to persons of good character. In determining the good character of the appli- cant, the Liquor Control Board shall also apply the criteria set out in §5-21 of this Article,. Neither the Fire Chief, t nor the Director of Planning and Code Fnforcement shall approve a license without first having reviewed the recom- mendations of the Chief of Police. The Liquor Control Boar shall not be required to hold any hearing of any kind what- soever in determining whether a new license shall be granted or an old license renewed, but may hold hearings if it deems such hearings in the public interest. (c) Applications. All applications for license and all i petitions so filed with such applications shall be referred by the License Inspector to the Liquor Control Board by transmitting all applications to the Chief of Police who shall review and make recommendation on all applications to other members of the Liquor Control Board. The . review of t e applications for license shall normally be completed and re turned to the License Inspector within ten (10) working days of the date of the application. The Liquor Control Board shall also draw up and approve a form of application which the License Inspector shall use. I� ( jj i (d) Appeal. Any applicant aggrieved by a decision of the !; Liquor Control Board, or any citizen maintaining a residence♦ place of business, or owning property within six hundred ' ! (600) feet of the property upon which the licensed establish1 �( ment is located, may file a petition with the City Council , within ten (10) days after the action by the Liquor Control I) Board appealing said action. The Council shall have the +� final authority and may act as it deems appropriate under ( law. SECTION 2. The Code of the City of Jefferson is hereby amended by repealing Section 5-21 and enacting a new Section I15-21 in lieu thereof to read as follows: I Section 5-21. Suspension or Revocation of License; Notice (; of Hearing. A. Suspension, Revocation. 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 shall have been shown to be guilty of, to have violated, or to be " involved in, any of the following: f �I (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 i in the license application for the licensee or in any other i document required by the City in conjunction therewith; i (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 Iy United States of America, or any rule or regulation per- ; taining to the sale and licensing of intoxicating liquors; I! (f) Operation of the business in such a manner that it ( constitutes a nuisance to the neighborhood; +I (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, f maintained as part of the business. (h) Lack of proper control of customers. The Licensee shall. use good judgment in the sale of intoxicating beverage and shall not sell same to persons obviously intoxicated. If any customer becomes unruly or obusive, it shall be the duty of the licensee to call and fully cooperate with police ! or other law enforcement authority. Licensee shall take I !I i► -2- 1 1� i ii appropriate and necessary steps to supervise the premises ; immediately outside the liquor establishment, shall keep i' said premises free from litter, and shall not allow the premises to become a gathering location for the liquor establishment's customers. i B. Hearin Notice. The Board of Liquor Control shall ') notify the licensee in writing of any intended action and the l; reasons therefor, and of the right to request a hearing in regard '` thereto. 1' The action indicated in the written notice shall be final j ! unless the licensee shall file 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 of Liquor ! Control shall proceed in accordance with Section 5-21. 1. f ij I Section 5-21. 1. Hearings - Suspension, Revocation, Renewals, ,, or Denial of License. Any person who has been denied a license orl .' renewal thereof by the Board of Liquor Control or who is licensed pursuant to this Article and who has received a notice of intent i . to suspend or revoke said license may request a hearing before thei ® IBoard of Liquor Control. Requests for such hearings shall be ! filed with the City Clerk within ten (10) days after notice is ilgiven 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 lathe applicant or licensee or permittee, by means of registered ;mail, certified mail or hand delivery, notice that within a I, period of not less than five (5) days nor more than fourteen (14) i! days from the date of the posting of said notice, a hearing shall ! The conducted to determine the existence of any facts which con- ,istitute grounds for the denial, suspension or revocation of a 11license or permit. The notification shall include the date, time land 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. At least two (2) ! members of the Liquor Control Board shall be in attendance. The ! ('I applicant or licensee may have the assistance of counsel or may , appear by counsel and shall have the right to present evidence. (l In the event that the applicant or licensee fails to appear at 11 the hearing, the evidence of the existence of facts which con- ,Istitute grounds for the denial, suspension or revocation of the i! license or permit shall be considered unrebutted. The hearing ineed 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 examiner. A copy of the decision of the hearing examiner ( specifying findings of fact and the reasons for the decision shall Abe furnished to the applicant or licensee. For purposes of appeal '. the decision of the hearing examiner, if ratified by the Liquor Control Board, shall be final. Upon a final decision being rendered, the parties shall be informed of the right to appeal launder the provisions of the Administrative Procedure Act. Any 11decision 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 neces- 1jsary, before any license is issued to operate a liquor establishment fat the same location, that the procedures for issuance of a7 license 1 1 1 i -3- be followed as set forth in Sections 5-13, 5-14 and 5-15 of this Chapter. AWL 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 pertaining to liquor establish- ments. If the Board of Liquor Control determines that the appli- cant has failed to comply with the laws of the City, the Board of Liquor Control shall not issue the license. SECTION 3. 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 provisions relating to suspension and revocation of licenses set out in Article II, Sections 5-3 through 5-24 shall be applicable herein. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, 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, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. This ordinance shall be in full force and effect from and after passage. Passed ���+� �_�� 7T�9�f Approved- Oresid6nt of the uncil Mdyor ATTEST: ty Clerk -4-