[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:
a. 
Violation under Section 600.710(B)(1)(a) of this Code: 1.0.
b. 
Violation under Section 600.710(B)(1)(b) of this Code: 2.5.
c. 
Violation under Section 600.710(B)(1)(c) of this Code: 2.0.
d. 
Violation under Section 600.710(B)(1)(d)-(e) of this Code: 3.5.
e. 
Violation under Section 600.710(B)(1)(f)-(i) of this Code: 3.0.
f. 
Violation under Section 600.710(B)(1)(j) of this Code: 2.0.
g. 
Violation under Section 600.710(B)(1)(k) of this Code: 2.0.
h. 
Violation under Section 600.710(B)(1)(l) of this Code: 1.5.
3. 
Classifications.
a. 
Minor: 1.0 to 3.0 points.
b. 
Significant: 3.5 to 6.0 points.
c. 
Major: 6.5 and above.
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.