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)
Structure Missouri Revised Statutes
Title XX - Alcoholic Beverages
Chapter 311 - Liquor Control Law
Section 311.010 - Title of law.
Section 311.015 - Purpose clause.
Section 311.020 - Definition of intoxicating liquor.
Section 311.025 - Missouri bourbon and Missouri bourbon whiskey labels, use of name, criteria.
Section 311.030 - Definition of person.
Section 311.040 - Application of law.
Section 311.050 - License required.
Section 311.061 - Stock ownership not deemed financial interest, when.
Section 311.075 - Financial interests in distillery in close proximity to a recreational resort.
Section 311.080 - Sale of liquor prohibited near schools and churches, exceptions.
Section 311.082 - Labeling of kegs sold at retail for off-premise consumption, procedures.
Section 311.089 - Sunday liquor sales by the drink, permitted when (St. Louis City, Kansas City).
Section 311.090 - Sale of liquor by the drink, cities, requirements.
Section 311.091 - Boat or vessel, liquor sale by drink, requirements, fee.
Section 311.092 - Liquor by the drink on vessels regularly moored in city of St. Louis.
Section 311.100 - Sale by drink defined.
Section 311.110 - Election to determine whether liquor may be sold by drink — procedure.
Section 311.130 - Form of ballot.
Section 311.140 - Result of election — favorable vote.
Section 311.150 - Result of election — unfavorable vote.
Section 311.160 - Question may be resubmitted, when — manner.
Section 311.170 - Local option provisions applicable only to sales for consumption on premises.
Section 311.185 - Shipments of alcohol to residents permitted, when.
Section 311.192 - Wine manufacturer defined.
Section 311.197 - Samples, furnishing and acceptance of, when.
Section 311.200 - Licenses — retail liquor dealers — fees — applications.
Section 311.205 - Self-dispensing of beer permitted, when.
Section 311.210 - Application — remittance, made to whom, powers of supervisor.
Section 311.220 - Counties and cities may charge for licenses — amount — display of license.
Section 311.230 - Application for license to manufacture or sell made to supervisor.
Section 311.240 - Period of license — federal license required — contents of license — renewals.
Section 311.250 - Licenses nontransferable — exceptions.
Section 311.260 - More than five licenses by any one person prohibited, exception.
Section 311.290 - Time fixed for opening and closing premises — closed place defined — penalty.
Section 311.294 - Wine and malt beverages, permit to allow tasting on premises — limitations.
Section 311.297 - Alcohol samples for tasting on and off licensed retail premises, when.
Section 311.298 - Certain holidays, sale by the drink on Sunday allowed.
Section 311.299 - Warning sign displayed, liquor licenses — violations.
Section 311.315 - Manufacturing a false identification, offense of — penalty.
Section 311.326 - Expungement of record permitted, when.
Section 311.328 - Identification, acceptable forms.
Section 311.329 - Reproduction or alteration of identification card, penalty.
Section 311.338 - Violation of wholesale price regulations, misdemeanor — suspension of license.
Section 311.340 - Mixing liquor with drugs prohibited.
Section 311.355 - Manufacturer rebate coupons by wholesalers, regulation of.
Section 311.360 - Misrepresentation of brand of liquor unlawful, penalty — exceptions.
Section 311.370 - Liquor in storage — report to supervisor, when — contents of report.
Section 311.373 - Beer required to be in possession of licensed wholesaler prior to sale at retail.
Section 311.380 - Warehouse receipts — unlawful to sell or give away — penalty.
Section 311.400 - Unclaimed shipments of liquor may be sold.
Section 311.401 - Repossessed liquor, sale by lending institution, when — no license required.
Section 311.410 - Transportation of intoxicating liquor into or through state, when permitted.
Section 311.420 - Transporter's license — fee — bond — qualifications — certain carriers exempt.
Section 311.430 - Revocation of transporter's license.
Section 311.440 - Transporter's license to be exhibited to officers, when.
Section 311.450 - Bill of lading to accompany transported alcoholic liquors — contents — inspection.
Section 311.460 - Violation of sections 311.410 to 311.450, penalty.
Section 311.483 - Festivals, temporary permit to sell liquor by the drink, procedure.
Section 311.490 - Ingredients of beer — intoxicating malt liquor.
Section 311.500 - Inspection of breweries — by whom.
Section 311.520 - Fee for inspecting and gauging malt liquors.
Section 311.530 - Inspection of beer — exported out of state.
Section 311.540 - Liquor inspection, labeling and gauging — requirements.
Section 311.550 - Additional revenue charges — fines and penalties.
Section 311.555 - Bond — failure to file — forfeiture.
Section 311.557 - License, revocation.
Section 311.561 - Charges, how paid and collected.
Section 311.600 - Unlawful to sell unlabeled liquor — penalty.
Section 311.615 - Division of liquor control established, duties.
Section 311.620 - Qualification and requirements of agent, assistant, deputy, or inspector.
Section 311.640 - Supervisor — employees not permitted to have interest in liquor business.
Section 311.650 - Offices of supervisor.
Section 311.660 - Powers of supervisor — regulations — subpoenas.
Section 311.665 - Sales and use tax must be paid to renew license — statement required.
Section 311.670 - Failure of supervisor and employees to perform duties.
Section 311.685 - Civil actions permitted, when.
Section 311.691 - Review by administrative hearing commission.
Section 311.710 - Additional complaints — by whom made — procedure.
Section 311.720 - License automatically revoked upon conviction — exceptions.
Section 311.735 - Division of alcohol and tobacco control fund created, use of moneys.
Section 311.740 - Maintaining public nuisance — penalty.
Section 311.750 - Action to enjoin nuisance — procedure.
Section 311.760 - Penalty for violation of terms of injunction.
Section 311.770 - Duty of prosecuting attorney — failure to perform.
Section 311.790 - Prosecution of violations, by whom — fees and expenses.
Section 311.800 - Attorney general may direct prosecuting attorneys to conduct prosecutions.
Section 311.820 - Search of vehicles for contraband liquor — use of evidence found.
Section 311.830 - Transported liquor and vehicle to be seized as contraband, when.
Section 311.860 - Fees and mileage of officers executing search warrants.
Section 311.868 - Fines for violations by manufacturers and distillers to supersede other penalties.
Section 311.870 - Execution on default by corporation in payment of fine.