§ 14-42. Failure to renew; revocation of liquor license.

(a)

The city council may refuse to renew an application or revoke the license of any applicant who:

(1)

Does not commence operation of his place of business within six months of the date of issuance of such license;

(2)

Does not continuously operate his place of business during the term of such license;

(3)

Has not at all times kept an orderly place or house;

(4)

Has violated any of the provisions of this chapter or of the Liquor Control Act of the state;

(5)

Has no license from the state supervisor of liquor control;

(6)

Has made a false affidavit in his application for a license;

(7)

Violated any provisions of the Code of State Regulations applicable to the conduct of licensees;

(8)

Sold, offered for sale, possessed or knowingly permitted the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license; or

(9)

The licensee, since the issuance of such license, has ceased to be the person actually engaged in the active control and management of the particular establishment for which the license was issued.

(b)

No license shall be revoked until notice in writing shall have been given and a hearing held by the city council to determine whether or not such license should be revoked. The hearing shall be held not less than ten days nor more than 30 days after such licensee shall have been notified. "Commence operation" as used in this section means open for business. "Continuously operated" as used in this section means open for business at least eight hours per day, five days a week during regular business hours.

(1)

Hearings before the city council shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within 200 feet of the proposed establishment shall have the right to produce witnesses and testimony.

(2)

Subpoenas may be issued by the city council for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the circuit courts of this state. The city council may also issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.

(3)

Before any witness shall testify in any such hearing, he/she shall be sworn by the city clerk to tell the truth and nothing but the truth. Witnesses shall be subject to direct and cross examination by an attorney representing the licensee as well as attorneys representing other interested parties.

(c)

If the city makes an initial determination that a liquor license may be revoked and at the time of the initial determination the license is about to expire, the city council, upon motion, may issue a conditional liquor license under certain requirements as established by the council, for a period not to exceed 90 days during which time the proceedings as set out in paragraph (b) above shall be heard and the matter finally determined.

(d)

In the event that city council upholds a determination by the chief of police that an application shall not be renewed, notice in writing shall be given and a hearing held by the city council to determine whether or not such application for license shall be renewed. The hearing shall be held not less than ten days nor more than 30 days after such licensee shall have been notified.

(e)

A license shall be revoked automatically if:

(1)

A licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of RSMo Ch. 311 or of any felony violation of RSMo Ch. 195 in the course of business. A license shall be suspended automatically if the licensee's state liquor license is suspended, and the suspension shall be for a term not less than that imposed by the state.

(2)

A licensee is or has been convicted in any court of a violation of state laws relating to intoxicating liquors, or a conviction of a violation of this chapter.

(f)

No person whose license shall have been suspended by order of the city council shall sell, give away or otherwise supply any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the council's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.

(g)

Any applicant or licensee aggrieved by a decision of the city council may appeal such decision to the board of adjustment pursuant to the procedures section 50-53(b) of the Municipal Code provided such appeal is filed within ten days of the date of the council's decision. The council may delay the implementation of its order pending appeal.

(Ord. No. 2054, § 2, 11-19-2012; Ord. No. 2136 , §§ 4—6, 7-18-2016)