[R.O. 2008 §600.210; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
It shall be the duty of the Director of Public Safety (herein
referred to as the Director), with such aid as may be rendered by
members of the Department of Public Safety or other persons duly sanctioned
by the City Manager, to enforce the provisions of this Chapter.
[R.O. 2008 §600.220; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
The City Manager, City Clerk, Public Safety Director and any
other Public Safety Officer shall not have any interest, direct or
indirect, either proprietary or by the means of any loan, mortgage
or other lien either for his/her own benefit or in a fiduciary capacity,
or any other manner, in or on the premises where intoxicating liquor
is distilled, brewed, manufactured or sold, nor shall any such person
be or have any interest in any business wholly or partially devoted
to distilling, brewing, manufacturing or selling of intoxicating liquor,
either as owner, part-owner, partner, member of a syndicate, shareholder
or a corporation, agent or employee, either for his/her own or their
benefit or in a fiduciary capacity. No member of the Department of
Public Safety shall have any interest described in the last preceding
sentence.
[R.O. 2008 §600.230; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
The Director or any member of the Department of Public Safety
is hereby empowered to make arrests in connection with the violation
of any provision of this Chapter or other ordinances of the City,
to make searches and seizures in relation to the same, to serve any
subpoena or subpoena duces tecum or other process relating to the
enforcement of this Chapter.
[R.O. 2008 §600.240; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
The Director, or his/her expressly authorized agent, shall have
the right at any reasonable time to inspect, and the licensee shall
allow inspection of any licensed premises and all portions of the
buildings thereof, including all rooms, cellars, outbuildings, passageways,
closets, halls, yards and attics and all buildings used in connection
with the operations carried on under said license and which are in
his/her possession or under his/her control and all places where he/she
keeps or has liquor stored and to seize any and all objects that may
appear to be in violation of any provision of this Chapter and to
hold in custody such objects as evidence until any matter pertaining
thereto. If not forfeited, objects shall be returned to the lawful
owner after the matter is finally adjudicated unless the same are
found to be contraband. If such objects are not claimed by the lawful
owner within ninety (90) days after final adjudication, they shall
be deemed forfeited.
[R.O. 2008 §600.250; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A.
The
Director shall have the duty of regularly inspecting all places of
business where liquor is sold, consumed or kept for sale, to maintain
periodic checks on all licenses issued pursuant to this Chapter thereby
insuring licensees' full compliance with the requirements of same
and to determine as to the wholesomeness and orderly manner in which
any intoxicating liquor establishment is maintained and operated.
B.
Prior
to granting a liquor license, a fire and life safety inspections shall
be performed by the Fire and Code Enforcement Departments. All deficiencies
resulting from said inspection shall be abated prior to the issuance
or renewal of liquor license(s).
[R.O. 2008 §600.260; Ord. No. 4960 §1, 3-11-1991; Ord. No. 5561 §1, 7-28-1997; Ord. No. 6108 §1, 8-24-1998; Ord. No. 7003 §1, 4-28-2008]
A.
Grounds For Suspension/Revocation. The City Council may
suspend or revoke any license issued under the provisions of this
Chapter, upon finding that:
1.
Any licensee or any employee, agent or servant of such licensee has
not at all times maintained an orderly place or has maintained a disorderly
place. An orderly place is to be maintained by the licensee through
the prevention of immorality, violations of law, affrays and breaches
of the peace on the premises. For the purposes of this Section, "premises" shall include the licensed premises, parking
lots and the area around the licensed premises which is used as part
of the business;
2.
Any licensee or any employee, agent or servant of such licensee has
violated any of the provisions of this Chapter;
3.
Any licensee or any employee, agent or servant of such licensee has
violated any Federal or State law pertaining to the sale or licensing
of intoxicating liquors or any other rule or regulation pertaining
to the sale or licensing of intoxicating liquors;
4.
Any licensee or any employee, agent or servant of such licensee has
failed to exercise proper control of customers. The licensee or any
employee, agent or servant of such licensee shall use good judgment
in the sale of intoxicating beverages and shall not sell the same
to persons obviously intoxicated. As to any customer who becomes unruly
or abusive, it shall be the duty of the licensee to call and fully
cooperate with the Police or other law enforcement agency;
5.
Any licensee or any employee, agent or servant of such licensee has
failed to exercise proper control over the premises. The licensee
shall take necessary steps to supervise the premises immediately outside
the establishment, shall keep the premises free from litter and shall
not allow the premises to become a gathering location for the liquor
establishment's customers;
6.
Any licensee or any employee, agent or servant of such licensee has allowed or permitted any acts prohibited by Section 600.170, of the Municipal Code of the City of Maryville;
7.
The license granted under this Chapter was obtained through materially
false statements in the application of such license or application
for renewal thereof;
8.
The licensee failed to make a full and complete disclosure of all
pertinent information in the application for such license or application
for renewal thereof;
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;
10.
The licensed premises are no longer used for the purposes permitted
by the license and, after five (5) days' written notice, the licensee
has failed to respond or satisfactorily explain the change;
11.
The occurrence of any act or instance which would render the licensed
premises ineligible or unsuitable for a license under the provision
of this Chapter; or
12.
The operation of the licensed establishment has been discontinued
or abandoned.
B.
Probable Cause Motion. Upon affirmative vote of three (3) members of the City Council, concluding that evidence has been presented establishing that there is probable cause to believe that a licensed establishment or licensee has violated any of the provisions of Section 600.250(A), and that the City Council should conduct a formal hearing on the issue of suspension or revocation of liquor license for said licensee, the City Council shall hold a formal hearing pursuant to further provisions of this Chapter.
C.
Notice Of Intent To Hold Hearing. Upon affirmative vote pursuant to Subsection (B) above, the City Clerk shall notify the licensee in writing of the intent of the City Council to hold a formal hearing on the issue of suspension or revocation of a license granted pursuant to this Chapter. Said notice shall provide the licensee notice of the date, time and location of the hearing and shall either be personally served on the licensee or a copy shall be mailed by registered or certified mail to the last known address of the licensee or the residence address of the licensee. The licensee shall
receive said notice not less than ten (10) days prior to the hearing.
D.
Notice Of Grounds For Hearing. After consultation with the
City Attorney, the City Clerk shall provide written notice to the
licensee of the grounds to be presented to the City Council on the
issue of suspension or revocation of a license granted pursuant to
this Chapter. Said notice shall be personally served upon the licensee
or a copy shall be mailed by registered or certified mail to the last
known address of the licensee or residence address of the licensee.
The licensee shall receive said notice not less than ten (10) days
prior to the hearing.
E.
Continuances. Upon its own motion or at the request of any
party, including the licensee, the City Council may grant such reasonable
continuances of the formal hearing as it deems appropriate.
F.
Authority Of Council. The Council shall have authority to
suspend any license granted pursuant to this Chapter for a period
not to exceed ninety (90) days or to revoke the license.
G.
Hearing Procedure. The Council shall consider all information,
documents and testimony presented at the formal hearing and then render
its decision based thereon. The hearing need not be conducted according
to the applicable rules of evidence as applied by judicial bodies
in the State of Missouri. However, the hearing procedure shall ensure
that a fair and impartial forum is provided at which each party shall
have the right to:
1.
Call and examine witnesses on any matter relevant to the issues of
the hearing;
2.
Introduce documentary and physical evidence;
3.
Cross-examine opposing witnesses on any matter relevant to the issues
of the hearing;
4.
Rebut any evidence presented; and
5.
Represent himself/herself or be represented by an attorney of his/her
choice.
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Witnesses may be subpoenaed or may voluntarily appear at such
hearing. Before any witness shall testify at any such hearing or proceeding,
the witness shall swear to testify under oath. All proceedings and
such hearings shall be taken down stenographically or recorded mechanically
or electronically or a combination thereof. Said proceeding shall
be transcribed whenever required by law.
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H.
Decision Of City Council. At the conclusion of all the evidence, the Council shall first determine whether the licensee has violated any of the provisions of Section 600.250(A). Upon an affirmative vote as to that issue by at least three (3) members of the City Council, the Council shall thereupon establish an appropriate penalty, after considering the nature and severity of the offense(s) and the particular licensee's historical compliance or non-compliance with the provisions of this Chapter. The penalty shall be set by an affirmative vote of at least three (3) members of the City Council.
I.
Findings Of Fact. Any determination that suspension or revocation
of a license is appropriate, the City Council shall first issue its
decision as written findings of fact, which shall set forth the violation(s)
supported by the evidence and the duration and commencement date of
any term of suspension or revocation.
J.
Effective Date Of Suspension Or Revocation. No suspension
or revocation shall become effective until the licensee has been given
notice of the commencement date of the suspension or revocation and
the duration thereof. Said notice shall be given at least ten (10)
calendar days prior to the effective date of the suspension or revocation.
The notice requirement of this Section may be satisfied by compliance
with any of the following:
1.
Public announcement of the dates of the suspension or revocation
or any hearing held pursuant to this Chapter when the licensee or
his/her representative is present at the time of the announcement.
Notice shall commence from the date of the announcement.
2.
Personally serving a copy of the findings of fact upon the licensee.
3.
Mailing a copy of the findings of fact by registered or certified
mail to the last known address of the licensee or the residence address
of the licensee.
4.
By posting a copy of the dates of suspension on the entrance door
of the establishment to be closed under the terms of the suspension.
Notice shall commence with the date of the posting.
5.
In the event service cannot be obtained under the procedures outlined
in any of the first (1st) three (3) paragraphs, any method of service
allowed for service of civil process under the Missouri Rules of Civil
Procedure may be used.
[R.O. 2008 §600.265; Ord. No. 5561 §1, 7-28-1997; Ord. No. 7003 §1, 4-28-2008]
A.
Maintain Closed Place. Any licensee shall maintain a "closed
place" during the term of its suspension or revocation.
B.
Effect On License Fees. In the event of the suspension or
revocation of any license issued pursuant to this Chapter, the City
shall not return, refund or prorate any part of the license fee paid
for such license.
C.
Effect Of Revocation On Reissuance. Whenever a license has
been revoked under the provisions of this Chapter, before any license
is issued to operate a liquor establishment either at the same location
or by the same licensee, it shall be necessary that the procedures
be satisfied as are required for the issuance of an original license.
D.
Effect On Court Proceedings. The penalty established by
the City Council by the suspension or revocation of a license pursuant
to this Chapter shall not limit or effect the authority of any other
administrative body or any court to establish an additional, separate
penalty or punishment for the same conduct.
[R.O. 2008 §600.270; Ord. No. 4960 §1, 3-11-1991; Ord. No. 5561 §1, 7-28-1997; Ord. No. 7003 §1, 4-28-2008]
Witnesses may be subpoenaed for any hearing conducted pursuant
to this Chapter. Subpoenas may be issued by the City Clerk for any
witnesses whose presence is desired at any hearing or proceeding before
the City Council to suspend or revoke a license, or to refuse a license
or renewal thereof. Such subpoena may be served by any member of the
Maryville Public Safety Department or may be served and returned thereon
in the same manner as provided by law in civil suits in the Circuit
Courts of this State. It shall be unlawful for any person to fail
or refuse to obey all terms and conditions of any subpoena issued
pursuant to this Chapter.
[R.O. 2008 §600.280; Ord. No. 4960 §1, 3-11-1991; Ord. No. 5561 §1, 7-28-1997; Ord. No. 7003 §1, 4-28-2008]
It shall be unlawful for any licensee to fail to maintain a
"closed place" during the time of any suspension or revocation of
license pursuant to this Chapter.
