[R.O. 2007 § 600.695; CC 1979 § 3-63; Ord. No. 509 § 62, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 17, 1-14-2010; Ord. No. 6385 § 4, 8-13-2015]
It shall be the duty of the Police of this City to see that the provisions of this Chapter and of other ordinances of this City relating to the sale of intoxicating liquor are obeyed, and to report to the Chief of Police any place which is not kept in an orderly manner under Section
600.230, or in violation of any of the provisions hereof, or any person selling intoxicating liquor in this City without a license. It shall be the duty of the Chief of Police to report all such violations immediately to the Commissioner.
[R.O. 2007 § 600.700; CC 1979 § 3-64; Ord. No. 509 § 63, 5-24-1979; Ord. No. 1048 § 9, 10-10-1985; Ord. No. 1468 § 7, 11-10-1988; Ord. No. 3359 § 5, 12-14-2000]
The Commissioner shall have the power
and authority to prescribe and adopt such rules, regulations, orders
and directives as may be necessary to enforce the provisions of this
Chapter.
[R.O. 2007 § 600.705; Ord. No. 4437 § 8, 2-9-2006; Ord. No. 5324 § 17, 1-14-2010]
A. The Commissioner and/or Police of this
City may promulgate rules and regulations as standards for the use
of minors as may be necessary to enforce the provisions of this Chapter
in accordance with the provisions of Section 311.722, RSMo., wherein
the Supervisor of Alcohol and Tobacco Control shall establish by July
1, 2006, permissive standards for the use of minors in investigations
by any State, County, municipal or other local law enforcement authority
and which shall, at a minimum, provide for the following: the minor
shall be eighteen (18) or nineteen (19) years of age; the minor shall
have a youthful appearance and the minor, if a male, shall not have
facial hair or a receding hairline; the minor shall carry his or her
own identification showing the minor's correct date of birth and shall,
upon request, produce such identification to the seller of the intoxicating
liquor at the licensed establishment; and the minor shall answer truthfully
any questions about his or her age and shall not remain silent when
asked questions regarding his or her age, nor misrepresent anything
in order to induce a sale of intoxicating liquor.
B. Any minors used in investigations under
this Section shall be exempt from any violations under this Chapter
during the time they are under direct control of the State, County,
municipal or other law enforcement authorities.
[R.O. 2007 § 600.710; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3654 §§ 3,
6, 5-23-2002; Ord. No.
6120 § 10, 4-24-2014; Ord. No. 6385 § 5, 8-13-2015]
A. Purpose. The intent of the point system
is to provide the Commission with a non-arbitrary means to evaluate
incidents occurring on premises for which a license to sell intoxicating
liquor has been issued and to guide the Commission in suspending or
revoking liquor licenses.
B. License violations which occur due to the
conduct of an employee or agent of a licensee shall be imputed to
the licensee. Any points assessed for a license violation by an employee
or agent of a licensee shall be assessed against the licensee's liquor
license. Points may only be assessed against a license when the Commission
determines by a preponderance of the evidence that a licensee, or
an employee or agent of a licensee, committed a license violation.
Points may be assessed against a license even if the individual who
performed the action or conduct that constituted the license violation
was not convicted of committing a crime.
1.
Violations. For the purposes of this Section
600.710, the term "license violation" shall include the following violations which may result in the assessment of points against a liquor license if they occur on premises:
a.
Failure of a licensee, its officers, managers, employees and agents to undergo training as required under Subsection
(B)(4)(b)(3) of this Section;
b.
Liquor violations: except as otherwise provided in this Subsection
(B)(1), any action or conduct which violates any provision of law with respect to the manufacture, sale, distribution, solicitation, or use of alcoholic beverages, including violations of Chapter 311, RSMo., 11 CSR 70-2.010, et seq., and Chapter
600 of the City Code, as amended.
[Ord. No. 7328, 8-13-2020]
c.
Health and sanitation violations: any action or conduct which violates any provision of Article
II, Chapter
230, of the City Code; Chapter 196, RSMo.; 19 CSR 20-1.010 et seq., or the Missouri Food Code, as amended.
d.
Homicide: any "homicide offense"
under Chapter 565, RSMo., as amended.
e.
Weapons violations: any action or conduct which violates any provision of Article
VI, Chapter
210 of the City Code or Chapter 571, RSMo., as amended.
f.
Controlled substance violations: any action or conduct which violates any provision of Article
IX, Chapter
210 of the City Code, or Chapter 195, RSMo., as amended.
g.
Prostitution: any action or conduct
which violates any provision of Chapter 567, RSMo., as amended.
h.
Gambling: any action or conduct which
violates any provision of Chapter 572, RSMo., as amended.
i.
Pornography: any action or conduct
which violates any provision of Chapter 573, RSMo., as amended.
j.
Assault: an action or conduct which constitutes an "assault offense" under Chapter 565, RSMo., or which violates Article
II, Chapter
210, of the City Code, as amended.
k.
Sexual offenses: any action or conduct which violates any provision of Chapter 566, RSMo., and Article
VIII, Chapter
210, of the City Code, as amended.
l.
All other violations of law or the
City Code for which the assessment of points against a liquor license
is appropriate.
2.
Points. The number of points assessed
for the violations described herein shall be as follows:
3.
Classifications.
a.
Minor: 1.0 to 3.0 points.
b.
Significant: 3.5 to 6.0 points.
4.
Procedures.
a.
Notification of the point system as outlined herein, and a copy of this Section
600.710, will be given to all City liquor licensees, in writing, by the Commissioner, upon the issuance of a license.
b.
Upon receipt of an incident report from the City Police Department and/or other Law Enforcement Agency of the State, the Commission must follow the procedures set forth in this Subsection
(B)(4)(b).
(1) The Commission will
review the incident report and determine whether there is probable
cause to believe that a licensee, or an employee or agent of a licensee,
committed a license violation.
(2) If the Commission determines
that there is not probable cause to believe that a licensee, or an
employee or agent of a licensee, committed a license violation, the
Commission will notify the licensee that the Commission will take
no further action with respect to that incident.
(3) Notwithstanding any other provision of this Chapter to the contrary, if the Commission determines that there is probable cause to believe that the conduct of a licensee, or an employee or agent of a licensee, resulted in a liquor violation under Section
600.710(B)(1) of this Code, the Commission may order the licensee to undergo specialized liquor law enforcement training offered by the City of St. Peters Police Department or another qualified Law Enforcement Agency, in lieu of assessing points against a liquor license. All officers, managers, employees and agents of the licensee at the time of the Commission's determination shall undergo such training.
(4) If the Commission determines by a preponderance of the evidence that a licensee, or an employee or agent of a licensee, committed a license violation, the Commission will assess points against the license(s) of the licensee in accordance with this Section
600.710. The Commission will mail a copy of the incident report to the liquor licensee along with a notification of the points assessed against the applicable liquor license(s), and the total of outstanding points assessed against such license(s).
(5) Any written appeal of
the assessment of points against a liquor license must be filed with
the Commissioner by the licensee within ten (10) days of the licensee's
receipt of notification of the assessment of points from the Commissioner.
The appeal will be heard by the Commission, at a hearing, and the
Commission 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 Commission's order, its findings of fact
and conclusions of law shall be delivered to the City Clerk and to
the affected person.
c.
When points assigned to a liquor license reach the significant category, the Commission may place the licensee on probationary status or may suspend and/or revoke the license for the establishment. If the Commission elects to suspend and/or revoke said liquor license, it shall proceed with notice and a hearing pursuant to Section
600.650.
d.
When points assigned to a liquor license reach the major category, the Commission may place the licensee on a probationary status or it may suspend or revoke the liquor license for that establishment. If the Commission elects to recommend suspension or revocation of the license, it shall proceed with notice and a hearing pursuant to Section
600.650.