[Ord. No. 6873, 2-27-2024]
The following definitions apply to this Article:
Department of Finance.
Director of Finance or the director's designee.
To give permission to; or to allow by silent consent, by
not prohibiting, or by failing to exercise control.
Any person directly engaged in the retail sale, service,
delivery or dispensing of alcoholic beverages, including taking orders
for, accepting payment for, mixing, serving or assisting in mixing
or serving any alcoholic beverage.
[Ord. No. 6873, 2-27-2024]
A.
It
shall be unlawful for any person to work as a server without a valid
server certificate issued to that person by the director.
B.
It
shall be unlawful for any person holding a license under this Chapter
to permit any person to work as a server unless the server has deposited
with the license holder a valid server certificate issued to the server
by the director.
C.
Each
person holding a server certificate who is employed by a person licensed
under this Chapter shall deposit the certificate or a copy thereof
with such employer during the tenure of the holder's employment.
D.
It
shall be an affirmative defense to a charge of violating this Section
that the person working as a server, at the time of the alleged offense,
had been employed at the place of business for less than thirty (30)
days.
[Ord. No. 6873, 2-27-2024]
A.
A holder
of a server certificate must be at least eighteen (18) years of age.
Applicants will be required to provide government-issued identification
that includes their date of birth and photo at the time of application.
B.
A holder
of a server certificate must have successfully completed the State
of Missouri Alcohol Responsibility Training (SMART) program within
the twelve (12) months immediately preceding filing an application
for a certificate.
[Ord. No. 6873, 2-27-2024]
A.
A person
desiring to be employed as a server shall submit a written application
for a server certificate to the Department on forms provided by the
Department. The application shall be submitted by the applicant in
person.
B.
The
server certificate shall be valid for three (3) years from the date
of issuance.
[Ord. No. 6873, 2-27-2024]
A.
The
director may suspend or revoke the server certificate of any certificate
holder who violates any of the laws pertaining to serving alcoholic
beverages or who has made any false, misleading or fraudulent statement
in the certificate application.
B.
Procedure.
1.
Suspension or revocation shall be initiated by serving written notice
of the suspension or revocation to the person intended to be suspended
or revoked. The notice shall set forth the specific grounds for the
suspension or revocation and advise the person of the right to appeal.
The notice shall be served by registered or certified mail or by delivering
a copy of the notice to the person subject to suspension or revocation
or the person's agent or employee. The suspension or revocation shall
take effect ten (10) days after service of the notice unless an appeal
is taken to the City Manager. If an appeal is taken, the suspension
or revocation shall not take effect until a final order upholding
the suspension or revocation is entered by the City Manager or until
the appeal is dismissed by the appellant.
2.
Within ten (10) days after service of a written notice of suspension
or revocation, the person affected by the notice may file a written
request for a hearing before the City Manager contesting the suspension
or revocation.
3.
The City Manager shall give the appellant at least ten (10) day notice
of a hearing. At the hearing, the City and the appellant shall have
the right to call and examine witnesses, introduce exhibits, cross-examine
opposing witnesses and impeach any witness. Oral evidence shall be
taken on oath or affirmation. All evidence shall be suitably recorded
and preserved. The technical rules of evidence shall not apply, but
the City Manager may exclude evidence which is irrelevant or repetitious.
The City and appellant shall be entitled to present oral arguments
or written briefs at or after the hearing.
4.
The City Manager shall make written findings of fact and conclusions
of law and issue a final order. Findings of fact shall be based upon
competent and substantial evidence found in the record as a whole.
A copy of the City Manager's order, findings of fact and conclusions
of law, shall be delivered or mailed to the appellant.
5.
An appellant aggrieved by the decision of the City Manager may, within
five (5) days of the decision for which redress is sought, file with
the Board of Aldermen a written request for reconsideration and appeal
of any decisions of the City Manager under this Section. The written
request must set forth in a concise manner the decision being appealed
and all grounds known to the appellant as to wherein and why the decision
is allegedly in error. The request for reconsideration and appeal
must be filed with the City Clerk within five (5) days of the date
of the City Manager's decision. A copy of the request and any supporting
documents or materials filed by the appellant must be served by the
appellant party on the City Manager within three (3) days of filing
with the City Clerk. The Board of Aldermen may consider the appeal
on the record of the prior decision by the City Manager or may, at
its sole discretion, receive additional evidence in such manner as
it deems appropriate in light of the circumstances.
6.
Any appellant aggrieved by the final determination of the City may
file a petition for review pursuant to Chapter 536, RSMo., as amended,
in the Circuit Court of St. Louis County. Such petition shall be filed
within ten (10) days after the final determination.
[Ord. No. 6873, 2-27-2024]
A.
It
shall be unlawful for any person to deliver, use or possess any expired,
forged or false server certificate.
B.
It
shall be unlawful for any person to manufacture, forge, or otherwise
falsify a server certificate.
C.
It
shall be unlawful for any person to give, lend, sell or otherwise
provide an expired or false server certificate to any other person.
D.
It
shall be unlawful for any lawful holder of a server certificate to
give, lend, sell, or otherwise provide the server certificate to any
person other than an employer.
