Section 13-31 Enforcement.


Prior to the adoption of Ord. 19996 on 07/21/2008, Section 13-31 read as follows.


    (a) Inspections.

 (1)    Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein:   The business services administrator, the administrator’s representatives and police officers are authorized to conduct investigations to enforce this chapter.

        a.    Business License Administrator: The business license administrator, or his representative, shall make all inspections and investigations necessary to the enforcement of this chapter.

         b.    Police Officers: Police officers shall make inspection and investigations to enforce this chapter when directed by the chief of police pursuant to a request from the business license administrator.

(2)    Authority of inspectors. All persons authorized herein to make investigations or inspections shall have the authority to enter any premises for which a license is required at all reasonable times.

         a.    Search Warrants: Upon the refusal by If any party refuses to allow the inspection of a premises for which a license is required, the business license services administrator may request the city prosecutor to apply for a search warrant or a police officer may apply for a search warrant pursuant to the provisions of chapter 15 of this Code.

(3)    Reports by inspectors. Persons making investigations or inspections as herein authorized shall report violations to the business license services administrator and shall submit such other reports as requested.

(4)    Report of no Operating a business without a license. When an inspector has reported that 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is operating a business subject to licensing without a valid license or is operating such business when the license has been revoked or suspended, the business license services administrator may cause such person to be summoned into municipal court.

    (b)     Provisional Order. When an inspector has reported the violation of a licensee has violated any law or ordinance affecting the conduct of business within the city, other than the failure of a person to have a valid business license, the business license services administrator shall may issue a provisional an 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.

(1)    Notice. The order of the business license services 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 his the person’s agent or employee shall constitute valid service. The provisional order shall inform the offending person of his the appeal rights under this section.

(2)    Compliance. The order shall require compliance within five (5) calendar days of service or such greater length of time as specified by the business license services administrator.

    (c)     Hearing. The director of finance (director) shall conduct a hearing upon the request of the business license services administrator or any person affected by a provisional an order of the business services administrator or the denial of a license.

     (1)    Application for hearing:

         a.    Provision Order; Business License Services Administrator: Upon noncompliance with the provisional order, the business license services 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 license services administrator supervisor.

         b.    Provisional Order; Affected Person: Before the expiration of the period for compliance Within ten (10) days of the order of the business services administrator,  the person affected by the a provisional order may file a written request for hearing before the director contesting all or part of the provisional order. Such request shall state with specificity which part of the order is contested, the basis for the contest, and the relief sought .

         c.    License 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 license denial.

 (2)    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 license services administrator and a notice of the date, time and place of the hearing to be served upon the affected person.

         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 license services administrator.

     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.

    (d)     Final Order. After a hearing, the director shall issue a final an order based upon his findings of fact and conclusions of law.

(1)    The director shall have the authority to suspend or revoke licenses; .    The director he may extend the time for compliance with an order; or he may 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 he the licensee shall immediately cease all business at the licensed premises.

    (e)     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, his and the findings of fact and conclusions of law, shall be delivered to the business license services administrator and to the affected person.

    (f)     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 license services 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 license services 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.

    (g)     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.

    (h)     Collateral Actions to Enforce:

 (1)    The city may institute civil suit to recover any unpaid fee.

 (2)    No civil judgment, or any act by the city counselor, the business license services administrator or 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)