Section 4-14 Suspension or revocation of license.
Prior to the adoption of Ord. 21176 on 12/05/2011, Section 4-14 read as follows.
(a)
Suspension or revocation. The business services administrator may suspend or revoke the
license of any licensee under this chapter who has failed to meet the standards of conducting
business set forth in this chapter or who has made any false, misleading or fraudulent statement
in the license application.
A suspension may be from one (1) day to one (1) year.
(b)
Notice of suspension or revocation. The business services administrator shall suspend or
revoke a license issued under this chapter by sending notice of the suspension or revocation to
the licensee by first class mail or by personal service on the licensee or the person in charge at
the licensed premises. Mailed notice shall be presumed received three (3) days after it is mailed.
The notice shall contain:
(1) A statement of the grounds for the
suspension or revocation.
(2) The effective date of the suspension
or revocation, which shall be at least ten (10) days
after the notice is received.
(3) In the case of a suspension, the
length of the suspension.
(4) Instructions on how to appeal the
suspension or revocation.
(c)
Appeal to liquor license review board. The licensee may appeal the suspension or
revocation by requesting a hearing before the liquor license review board. The appeal must be
in
writing, addressed to the director of finance and received by the director of finance within ten
(10) days after the notice of suspension or revocation was received. Receipt of an appeal by the
director of finance shall automatically stay enforcement of the suspension or revocation.
(d)
Notice of hearing. After receipt of an appeal, the director of finance shall schedule a
hearing before the liquor license review board. At least ten (10) days written notice of the
hearing shall be given to the licensee. Notice shall be given in the same manner as the notices
of
suspension or revocation.
(e) There shall be no right to depositions.
(f) The liquor license review board shall have the
authority to issue subpoenas duces tecum
for purposes of hearings only. Requests for subpoena duces tecum must be submitted in writing
at least three (3) days before the hearing.
(e
g
) Hearing and decision. The liquor license review board shall conduct
the hearing and
enter a decision
within thirty (30) days
in accordance with the
rules and procedures adopted by
the board and the
requirements of Chapter 536, RSMo for contested cases.
The board ma
y affirm or reverse the decision of the business services administrator. If the board finds
that a
liquor license violation has occurred, the board may impose a suspension from one (1) day to one
(1) year or revoke the license. The board is not bound by the penalty imposed by the business
services administrator.
(f
h
) Appeal. The licensee may appeal an adverse decision of the liquor license
review board
to the Circuit Court of Boone County in accordance with Chapter 536, RSMo.
The Court may
stay the suspension or revocation pending the appeal.
(Code 1964, § 4.130; Ord No. 18006, § 1, 3-1-04)
Editor's note - Ord. No. 18006
,
§ 1, adopted Mar. 1, 2004, renumbered Sec. 4-14 to 4-20.
State law reference(s)--Similar provisions, RSMo. §§ 311.325, 312.407.