Section 13-31 Enforcement.
Prior to the adoption of Ord. 19996 on 07/21/2008, Section 13-31 read as follows.
(1) Persons authorized.
The following persons are authorized
to conduct inspections in the
manner prescribed herein:
The business services administrator, the administrators
representatives and police officers are authorized to conduct investigations to enforce this
a. Business License Administrator:
The business license administrator, or his
representative, shall make all inspections and investigations necessary to the enforcement of this
b. Police Officers:
Police officers shall make inspection and investigations to enforce this
chapter when directed by the chief of police pursuant to a request from the business license
(2) Authority of inspectors. All persons authorized
make investigations or inspections
shall have the authority to enter any premises for which a license is required at all reasonable
a. Search Warrants:
Upon the refusal by
to allow the inspection of a premises for which a license is required, the business license
administrator may request the city prosecutor to apply for a search warrant
or a police
officer may apply for a search warrant
pursuant to the provisions of chapter 15 of this Code.
(3) Reports by inspectors. Persons making investigations or inspections
as herein authorized
shall report violations to the business
administrator and shall submit such other
reports as requested.
Report of no
Operating a business without a
license. When an inspector has reported that a
person is operating a business subject to licensing without a valid license or is operating such
business when the license has been revoked or suspended, the business license
administrator may cause such person to be summoned into municipal court.
When an inspector has reported the violation of
a licensee has
any law or ordinance affecting the conduct of business within the city, other than the
failure of a person to have a valid business license, the business license
issue a provisional
order which directs the offending person to cease and desist
from the violation and to comply with the law or ordinance.
When a licensee has failed to
comply with an order of the business services administrator or when the licensee has failed to
operate the business properly
as required by this code, the business services administrator may issue an order suspending or
revoking the business license.
(1) Notice. The order of the business
administrator and all other notices shall
be in writing and shall state sufficient facts to apprise the person affected of the specific
violations. Service by registered or certified mail or delivering a copy of the order to the person
affected or his
agent or employee shall constitute valid service. The provisional
order shall inform the offending person of his
appeal rights under this section.
(2) Compliance. The order shall require compliance within five (5) calendar
days of service or
such greater length of time as specified by the business
(c) Hearing. The director of finance (director)
shall conduct a hearing upon the request of
administrator or any person affected by a provisional
business services administrator
or the denial of a license.
(1) Application for hearing:
Administrator: Upon noncompliance with
the provisional order, the business license
administrator shall deliver a copy of the
notice served upon the violator to the director along with a written request for hearing. Such
request shall state sufficient facts to show the specific violations and shall state the action or
order proposed by the business license
Affected Person: Before the expiration of the period for compliance
Within ten (10) days of the order of the business services administrator,
the person affected by
a provisional order may file a written request for hearing before the director contesting
part of the provisional order. Such request shall state with specificity which part
of the order is
contested, the basis for the contest, and the relief sought
c. License Denial: Within ten
(10) days of the denial of a business
license, the person who was denied a license may file a written request for hearing before the
director contesting the license denial.
(2) Hearing procedure. The director shall set the matter for hearing
on the record within
twenty-one (21) calendar days of the receipt of an application for a hearing. At least ten (10)
days' notice of the hearing shall be given except in cases where the public health, safety or
interest may make a shorter time reasonable.
a. Notice of Hearing:
1. The director shall cause
a copy of the request for hearing filed by the business
administrator and a notice of the date, time and place of the hearing to be served upon
the affected person.
2. The director shall serve
a copy of the affected person's request for hearing and a notice
of the date, time and place of the hearing upon the business
b. Evidence, Witnesses:
1. Each party shall have the right to call and examine witnesses, introduce exhibits,
cross-examine opposing witnesses and impeach any witness.
2. Oral evidence shall be taken only on oath or affirmation.
3. All evidence shall be suitably recorded and preserved.
4. The technical rules of evidence shall not apply, except the director may exclude
which is irrelevant or repetitious.
5. Each party shall be entitled to present oral arguments or written briefs at
or after the hearing.
(d) Final Order. After a hearing, the director
order based upon his
findings of fact and conclusions of law.
(1) The director shall have the authority to suspend or revoke licenses
extend the time for compliance with an order ; or
he may modify or rescind any recommendation or order.
(2) Upon revocation or suspension, no refund of any portion of the license fee
shall be paid to
the licensee, and
shall immediately cease all business at the licensed premises.
(e) Findings: The director shall make written
findings of fact and conclusions of law within
ten (10) working days of the hearing. Such findings shall be based upon competent and
substantial evidence found in the record as a whole. A copy of the director's order,
findings of fact and conclusions of law, shall be delivered to the business license
administrator and to the affected person.
(f) Summary Action: When the conduct of any licensee,
agent or employee is so inimical to
the public health, safety and general welfare as to constitute a nuisance and this give rise to an
emergency, the business
administrator shall have the authority to summarily
order the cessation of business and the close of premises, or to suspend or revoke the license.
Unless waived in writing within five (5) days after summary action by the business license
administrator, the director shall conduct a special hearing for such action. Notice and
procedure for the special hearing shall be as previously provided for a regular hearing.
(g) Right of Appeal: Any person aggrieved by
the decision of the director shall have the
right to appeal to the circuit court pursuant to Chapter 536, RSMo. 1986.
(h) Collateral Actions to Enforce:
(1) The city may institute civil suit to recover any unpaid fee.
(2) No civil judgment, or any act by the city counselor, the business
administrator or the licensee or other persons affected shall bar or prevent a prosecution for each
and every violation of this article.
(Code 1964, § 11.110; Ord. No. 12060, § 2, 11-7-88; Ord. No. 13544 § 1, 12-21-92)