Chapter 13 LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS*
Section 13-31 Enforcement.
The business services administrator, the administrators representatives
and police officers are authorized to conduct investigations to enforce this chapter.
Authority of inspectors. All persons authorized to make investigations shall have the
authority to enter any premises for which a license is required at all reasonable times.
to allow the inspection of a premises for which a license is required, the
administrator may request the city prosecutor to apply for a search warrant
police officer may apply for a search warrant
pursuant to the provisions of chapter 15 of this
Reports by inspectors. Persons making investigations or inspections as herein authorized shall
report violations to the
administrator and shall submit such other reports as requested.
Operating a business without a
license. When a person is operating a business subject to
licensing without a valid license or is operating such business when the license has been revoked
or suspended, the business
administrator may cause such person to be summoned into
a licensee has violated
any law or ordinance affecting the conduct of
business within the city, other than the failure to have a valid business license, the business
order which directs the offending person to cease and desist
from the violation and to comply with the law or ordinance.
When a licensee has failed to comply with an order of the business services administrator or
when the licensee has failed to operate the business properly as required by this code, the
business services administrator may issue an order suspending or revoking the business license.
Notice. The order of the business
administrator and all other notices shall be in
writing and shall state sufficient facts to apprise the person affected of the specific violations.
Service by registered or certified mail or delivering a copy of the order to the person affected or
agent or employee shall constitute valid service. The order shall inform the
offending person of
appeal rights under this section.
Compliance. The order shall require compliance within five (5) calendar days of service or
such greater length of time as specified by the business
Hearing. The director of finance (director) shall conduct a hearing upon the request of
administrator or any person affected by
of the business services
or the denial of a license.
Application for hearing:
Administrator: Upon noncompliance with the order, the
administrator shall deliver a copy of the notice served upon the violator to the
director along with a written request for hearing. Such request shall state sufficient facts to show
the specific violations and shall state the action or order proposed by the business
Within ten (10) days of the order of the business services
the person affected by
order may file a written request for hearing before the
director contesting all or part of the order. Such request shall state with specificity which part of
the order is contested, the basis for the contest, and the relief sought
Denial: Within ten (10) days of the denial of a business license, the person
who was denied a license may file a written request for hearing before the director contesting the
Hearing procedure. The director shall set the matter for hearing on the record within
twenty-one (21) calendar days of the receipt of an application for a hearing. At least ten (10)
days' notice of the hearing shall be given except in cases where the public health, safety or
interest may make a shorter time reasonable.
a. Notice of Hearing:
1. The director
shall cause a copy of the request for hearing filed by the business
administrator and a notice of the date, time and place of the hearing to be served upon the
2. The director
shall serve a copy of the affected person's request for hearing and a notice
of the date, time and place of the hearing upon the business
b. Evidence, Witnesses:
1. Each party shall have the right to call and examine witnesses,
introduce exhibits, cross-examine opposing witnesses and impeach any witness.
2. Oral evidence shall be taken only on oath or affirmation.
3. All evidence shall be suitably recorded and preserved.
4. The technical rules of evidence shall not apply, except
the director may exclude evidence
which is irrelevant or repetitious.
5. Each party shall be entitled to present oral arguments
or written briefs at or after the hearing.
Final Order. After a hearing, the director shall issue
order based upon findings of fact
and conclusions of law.
(1) The director shall have the authority to suspend or revoke
extend the time for compliance with an order or modify or rescind any recommendation or order.
(2) Upon revocation or suspension, no refund of any portion
of the license fee shall be paid to
the licensee, and
shall immediately cease all business at the licensed premises.
Findings: The director 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 director's order,
findings of fact and conclusions of law, shall be delivered to the business
and to the affected person.
Summary Action: When the conduct of any licensee, agent or employee is so inimical to
the public health, safety and general welfare as to constitute a nuisance and this give rise to an
emergency, the business
administrator shall have the authority to summarily order the
cessation of business and the close of premises, or to suspend or revoke the license. Unless
waived in writing within five (5) days after summary action by the business
administrator, the director shall conduct a special hearing for such action. Notice and procedure
for the special hearing shall be as previously provided for a regular hearing.
Right of Appeal: Any person aggrieved by the decision of the director shall have the
right to appeal to the circuit court pursuant to Chapter 536, RSMo. 1986.
Collateral Actions to Enforce:
(1) The city may institute civil suit to recover any unpaid
(2) No civil judgment, or any act by the city counselor,
the licensee or other persons affected shall bar or prevent a prosecution for each and every
violation of this article.
(Code 1964, § 11.110; Ord. No. 12060, § 2, 11-7-88; Ord. No. 13544 §
1, 12-21-92; Ord. No.
19996, § 1, 7-21-08)
(Ord. 19996, Amended, 07/21/2008, Prior Text)