[Ord. No. 1435, § 1, 10-19-1989]
Any license issued under the provisions of this chapter shall
be subject to revocation for violation of any of the provisions of
this chapter or when provided by the laws of the State of Missouri.
Licenses shall also be subject to revocation for having provided false
or inaccurate information as to the nature or volume of the business
for which the license was requested, failure to make any license payment
when due, failure to have a valid state license (if required by the
State of Missouri), or conducting the licensed activity in such a
manner as to cause or maintain a nuisance which is detrimental to
the health, safety, welfare or peaceful enjoyment of the property
of others.
[Ord. No. 1435, § 1, 10-19-1989; Ord. No. 1874 § 1, 2-15-2001]
(a) Whenever the city collector has reason to believe that any license(s)
issued under the provisions of this chapter may be subject to revocation,
the collector shall send, by certified United States mail, postage
prepaid and return receipt requested, notice of revocation to the
licensee at the last address listed for the licensee on the most recent
license application filed with the city. Such notice shall include
a statement of the grounds for such revocation and information as
to the date, time and place when the collector shall hold a hearing
as to whether or not such license(s) as specified therein shall be
revoked. Such notice shall be mailed at least ten (10) calendar days
prior to the hearing date specified in the notice. Failure of the
addressee to accept delivery of a notice mailed as aforesaid shall
not be deemed to be insufficient notice. Notice may also be given
by delivery of a copy thereof to any person in charge of the licensed
premises by a police officer of the city or by posting a copy thereof
at the front entrance to the licensed premises.
(b) At least ten (10) calendar days after mailing, delivering or posting
such notice, the city collector shall hold a hearing on the question
of whether the license(s) shall be revoked. At such hearing, the licensee
shall be entitled to appear in person and/or by counsel and be heard
on the question of revocation. Documentary evidence and testimony
relevant to the question shall be received by the collector at the
time and place specified in the notice and at such other times to
which the hearing may be adjourned from time to time. In the event
that a hearing is not completed on the date specified in the notice
and is to be resumed at a later time, additional notice of the resumption
of the hearing need not be given.
(c) At the conclusion of the hearing and upon consideration of all the
evidence, the collector shall issue a determination of the question
of revocation and shall enter such order of revocation and surrender
of the license(s) as shall be supported by the evidence. Notice of
the collector's determination and order shall be given in the
same manner as provided for notice of the hearing or in such other
manner as the licensee may have requested at the hearing and shall
include information as to the licensee's right to appeal as hereinafter
provided. In the event that the collector shall determine that the
license(s) shall be revoked, a copy of such determination shall be
forwarded to the city chief of police with a request that the chief
of police, or an officer of the police department, demand and recover
such license(s).
[Ord. No. 1435, § 1, 10-19-1989]
(a) Any person aggrieved by the determination of the collector may appeal
the determination to the board of aldermen by filing a written request
for a hearing by the board with the city clerk at the clerk's
office in city hall. Such request must be received by the city clerk
within seven (7) calendar days of the date of mailing of the collector's
determination and shall specify wherein and why the aggrieved party
believes the collector's determination to be in error.
(b) Upon receipt of a notice of such an appeal, the city clerk shall
notify the board of aldermen that a hearing has been requested. The
board shall thereafter set a time, date and place for a hearing and
notify all parties thereof. The board may, should it so desire, designate
a committee of one or more aldermen to conduct an evidentiary hearing.
At any hearing, the licensee shall have the right to appear in person
and/or by counsel and to present such evidence as may be relevant
to the issues, and a record of the proceedings shall be made. Upon
conclusion of the hearing and consideration of all the evidence, the
board shall issue findings of fact, conclusions of law and its order
affirming, reversing or modifying the order of the collector, and
notice thereof shall be provided to all parties.
(c) Any person aggrieved by the order of the board of aldermen may seek
judicial review in accord with the provisions of state law governing
judicial review of administrative decisions by filing a petition therefor
in the Circuit Court of St. Louis County within fifteen (15) days
of the date of the board's order.