[CC 1990 § 4-42; Ord. No. 53 § 4, 6-1-1988; Ord. No. 631 § 2, 11-18-1991; Ord. No. 1034 § 2, 6-19-1995]
A. 
The City Council may refuse to renew an application or revoke the license of any applicant who:
1. 
Does not continuously operate his/her place of business during the term of such license;
2. 
Has not at all times kept an orderly place or house;
3. 
Has violated any of the provisions of this Chapter or of the Liquor Control Act of the State;
4. 
Has no license from the State Supervisor of Liquor Control;
5. 
Has made a false affidavit in his/her application for a license.
B. 
No license shall be revoked until notice in writing shall have been given and a hearing held by the City Council to determine whether or not such license should be revoked. The hearing shall be held not less than ten (10) days nor more than thirty (30) days after such licensee shall have been notified. "Continuously operated," as used in this Section, means open for business at least eight (8) hours per day, five (5) days a week during regular business hours.
C. 
If the City makes an initial determination that a liquor license may be revoked and at the time of the initial determination the license is about to expire, the City Council, upon motion, may issue a conditional liquor license under certain requirements as established by the Council for a period not to exceed ninety (90) days during which time the proceedings as set out in Subsection (B) above shall be heard and the matter finally determined.
D. 
In the event that City Council upholds the City Administrator's determination that an application shall not be renewed, notice in writing shall be given and a hearing held by the City Council to determine whether or not such application for license shall be renewed. The hearing shall be held not less than ten (10) days nor more than thirty (30) days after such licensee shall have been notified.
A. 
Suspension Or Revocation Of License — When — Manner. The Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Council not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.150 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapter 311, RSMo., or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving, or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years;
b. 
Any person during unauthorized hours on the licensed premises;
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor; or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Council.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended, and the suspension shall be for a term not less than that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Council shall sell or give away any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Council's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
A. 
Hearing Officer. Hearings may be had before the City Council or before a Hearing Officer appointed by the Council who shall be an attorney licensed to practice law in the State of Missouri. If held before a Hearing Officer, he/she shall report to the Council findings of fact, conclusions of law and recommendations. The Council may accept, modify or refuse to accept the report of the Hearing Officer or any portion thereof.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Council for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Council also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.140 of this Chapter, the Council shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Council may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within thirty (30) days of the date of the Council's decision. The Council may delay the implementation of its order pending appeal.