Effective - 28 Aug 2021, 2 histories
311.710. Additional complaints — by whom made — procedure. — 1. In addition to the penalties and proceedings for suspension or revocation of licenses provided for in this chapter, and without limiting them, proceedings for the suspension or revocation of any license authorizing the sale of intoxicating liquor at retail may be brought in the circuit court of any county in this state, or in the City of St. Louis, in which the licensed premises are located and such proceedings may be brought by the sheriff or any peace officer of that county or by any eight or more persons who are taxpaying citizens of the county or city for any of the following offenses:
(1) Selling, giving or otherwise supplying intoxicating liquor to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor;
(2) Knowingly permitting any prostitute, degenerate, or dissolute person to frequent the licensed premises;
(3) Permitting on the licensed premises any disorderly conduct, breach of the peace, or any lewd, immoral or improper entertainment, conduct or practices;
(4) 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 his or her license;
(5) Selling, giving, or otherwise supplying intoxicating liquor to any person under the age of twenty-one years;
(6) Selling, giving or otherwise supplying intoxicating liquors between the hours of 1:30 a.m. and 6:00 a.m. any day of the week.
2. Provided, that said taxpaying citizen shall submit in writing, under oath, by registered United States mail to the supervisor of alcohol and tobacco control a joint complaint, stating the name of the licensee, the name under which the licensee's business is conducted and the address of the licensed premises, setting out in general the character and nature of the offense or offenses charged, together with the names and addresses of the witnesses by whom proof thereof is expected to be made; and provided, that after a period of thirty days after the mailing of such complaint to the supervisor of alcohol and tobacco control the person therein complained of shall not have been cited by the supervisor to appear and show cause why his or her license should not be suspended or revoked then they shall file with the circuit clerk of the county or city in which the premises are located a copy of the complaint on file with the supervisor of alcohol and tobacco control.
3. If, pursuant to the receipt of such complaint by the supervisor of alcohol and tobacco control, the licensee appears and shows cause why his or her license should not be suspended or revoked at a hearing held for that purpose by the supervisor and either the complainants or the licensee consider themselves aggrieved with the order of the supervisor then, after a request in writing by either the complainants or the licensee, the supervisor shall certify to the circuit clerk of the county or city in which the licensed premises are located a copy of the original complaint filed with him or her, together with a copy of the transcript of the evidence adduced at the hearing held by him or her. Such certification by the supervisor shall not act as a supersedeas of any order made by him or her.
4. Upon receipt of such complaint, whether from the complainant directly or from the supervisor of alcohol and tobacco control, the court shall set a date for an early hearing thereon and it shall be the duty of the circuit clerk to cause to be delivered by registered United States mail to the prosecuting attorney of the county or to the circuit attorney of the City of St. Louis and to the licensee copies of the complaint and he or she shall, at the same time, give notice of the time and place of the hearing. Such notice shall be delivered to the prosecuting attorney or to the circuit attorney and to the licensee at least fifteen days prior to the date of the hearing.
5. The complaint shall be heard by the court without a jury and if there has been a prior hearing thereon by the supervisor of alcohol and tobacco control then the case shall be heard de novo and both the complainants and the licensee may produce new and additional evidence material to the issues.
6. If the court shall find upon the hearing that the offense or offenses charged in the complaint have been established by the evidence, the court shall order the suspension or revocation of the license but, in so doing, shall take into consideration whatever order, if any, may have been made in the premises by the supervisor of alcohol and tobacco control. If the court finds that to revoke the license would be unduly severe, then the court may suspend the license for such period of time as the court deems proper.
7. The judgment of the court in no event shall be superseded or stayed during pendency of any appeal therefrom.
8. It shall be the duty of the prosecuting attorney or circuit attorney to prosecute diligently and without delay any such complaints coming to him or her by virtue of this section.
9. The jurisdiction herein conferred upon the circuit courts to hear and determine complaints for the suspension or revocation of licenses in the manner provided in this section shall not be exclusive and any authority conferred upon the supervisor of alcohol and tobacco control to revoke or suspend licenses shall remain in full force and effect, and the suspension or revocation of a license as provided in this section shall be in addition to and not in lieu of any other revocation or suspension provided by this chapter.
10. Costs accruing because of such hearings in the circuit court shall be taxed in the same manner as criminal costs.
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(L. 1943 p. 617 § 4946a, A.L. 2021 S.B. 126)