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.