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HomeMy WebLinkAbout1979-34 - Amendments to Chapter 3 of the Municipal Code BILL NO. 7q-3~ ORDINANCE N0. 74-3y~ AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF RIVERSIDE, THE SAME BEING THE ALCOHOLIC BEVERAGE CODE AND AMENDING ORDINANCE 87-A-7 WITH REFERENCE TO THE DELINEATION OF THE LIQUOR COMMISSION, THE DUTIES AND RESPONSIBILITIES OF SAID COMMISSION. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. Section 2 of Chapter 3 of the Riverside Code is amended to read as follows: "The Board of Aldermen shall act as the Liquor Commission for the City of Riverside, Missouri. The Liquor Commission is authorized to receive and review applications, examine any applicants for local liquor license and suspend, ter- minate or revoke liquor licenses as provided in this code. The Board may delegate authority to the Director of Public Safety or his agents to receive and review any applications for local liquor licenses and make recommendations to the Board of Aldermen relative to those applications or the termination or suspension of liquor licenses as provided in this code." Section 2. Section 3 of Chapter 3 of the Riverside Code is - hereby eliminated. Section 3. Section 10 of Chapter 3 of the Riverside Code is hereby amended to read as follows: "LICENSE LIST. It shall be the duty of the City Clerk to keep a complete record of all license issued by the Board of Alderman." Section 4. The first sentence of Section 12 of Chapter 3 of the Riverside Code shall be amended to read as follows: "FORM OF APPLICATION, LICENSES AND PERMITS. The Liquor Commission shall prescribe all forms of applications, licenses& permits, in accordance with the provisions of this code." Section S. Section 14 of Chapter 3 of the Riverside Code shall be amended to read as follows: "EMPLOYEES PERMIT. All persons employed in the retail sale, disposition, service or delivery of alcoholic beverages must be 21 years of age or older and must obtain a permit to do so from the Liquor Commission or the Director of Public Safety if such authority be delegated to him. All applicants to procure such a permit shall be fingerprinted by the police department and furnish to said police department an identifying photograph in duplicate of the applicant. Each applicant shall pay the sum of $5.00 for such permit. If such permit card becomes lost before the date of approval, another card will be issued upon application and the sum of $1.00 is paid. The Director of Public Safety may receive and process applications and recommend to the Board of Aldermen the disposition of said applications. The Director of Public Safety may further make recommendations to the Board of Aldermen on the termination, suspension or revocation of any such employee's license." Section 6. Section 20 of Chapter 3 of the Riverside Code is amended to read as follows:-:- "FALSE REPRESENTATION. It_shall be unlawful for any person to use or possess any false or falsified employee's. permit issued or purporting on its face to have been _: issued by the Liquor Commission."~ Section 7. Section 21 of Chapter 3 of..the Riverside Code shall be amended to read as follows: "FALSIFYING PERMIT. It shall be unlawful for any person to manufacture, forge, reproduce or in any way. falsify , an employee's permit issued or purporting on .its face.-:: to have been issued or to give, lend, sell or otherwise provide to any person a false, falsified or manufactured, forged or reproduced employee's permit." Section 8. Section 22 of Chapter 3 of the Riverside Code shall be amended to read as follows: "FINGERPRINTS AND PHOTOGP.APHS. All applicants for license under this code may be fingerprinted by the police department and may be required to furnish to the Liquor Commission two recent photographs together with the application. If the applicant is a partnership, all partners may be required to furnish photographs and , all partners may be required to be fingerprinted. If the application is a corporation the managing officer may be required to be fingerprinted and may be required to furnish a picture of Himself. The Liquor Commission, in its discretion, may make similar requirement of the officers, directors and shareholders holding more than 10~ interest in the said corporation." Section 9. Section 23 of Chapter 3 of the Riverside Code shall be amended to read as follows: "INVESTIGATION OF APPLICANTS. A. LIQUOR COMMISSION'S INVESTIGATION. The Liquor Commission shall cause an immediate investigation be made of the statements contained in each new application. B. POLICE INVESTIGATION. application, the Chief of pertinent information and deem. appropriate." Upon receipt of the Police shall furnish such recommendations as he may Section 10. Section 25 of Chapter 3 of the Riverside Code shall be amended to read as follows: "INSPECTION OF PREMISES. The Liquor Commission or its authorized agents or any member of the police department shall authorize any reasonable time to inspect and the licensee shall allow inspection of all licensed premises and all portions of the building thereon including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics and all buildings used in connection with the operation carried on under said license and which are in his possession and under his control and at all times where they keep or have liquor stored and to seize - any and all objects that may appear to be in violation..:.. of any provisions of this ordinance and to hold in custody such objects as evidence until any matter pertaining thereto is fully adjudicated. Upon such seizure, a receipt shall be given upon demand, if not forfeited, objects shall be returned to their lawful owner after the matter is fully adjudicated unless the same are found to be contraband. If such objects are not claimed by their lawful owner within ninety (90) days after final adjudication the same shall be deemed forfeited." Section 11. Section 26 of Chapter 3 of the Riverside Code shall. be amended to read as follows: "EXAMINATION OF BOOKS, RECORDS AND PAPERS. The Liquor Commission shall have the right to examine licantofor records, and papers of each licensee or app license or renewal thereof and to hear and determine complaints against any licensee or applicant for license. It shall have the power to make findings of fact and recommendations to the Board of Aldermen and may recommend to the Board of Aldermen the suspension, revocation or cancellation of any license issued under this code." Section 12. The first sentence of Section 27 of Chapter 3 of the Riverside Code shall be amended to read as follows: "SUSPENSION OR REVOCATION OF LICENSE OR PERMIT. Whenever it shall be shown or whenever the Liquor Commission shall have knowledge that:" Section 13. Subsection 6 of Section 27 of Chapter 3 of the Riverside Code shall be amended to read as follows: "Any licensee whose application has been granted ~. pursuant to Section 6 of this code based on a determination of the Liquor Commission that the licensee has or will derive more than 50$ gross . income from sources other than-the sale of alcoholic beverages and the licensee after fifteen (15) days written notice fails to make sufficient information available to the Liquor Commission by which it can determine that said licensee is still deriving more than 50~ gross income from sources other than the sale of alcoholic beverages .or who fails to derive more than 50~ gross income from sources other than.___ the sale of alcoholic beverages on the premises as -- defined in this code may be suspended." Section 14.• The last paragraph of Section 27 of Chapter-;' 3 of the Riverside Code shall be amended to read as follows: "The Liquor Commission may suspend for a period not in excess of ninety (90) days or revoke the license or permit issued hereunder. The failure of any this employee to secure a proper permit as required by code shall be grounds for suspension or revocation of the retail license ur.,less it can be shown by the retail licensee that he has no guilty knowledge of such violations and did not contribute thereto." Section 15. Section 28 of Chapter 3 of the Riverside Code shall be amended to read as follows: "SCOPE OF AUTHORITY. The Liquor Commission shall give J five (5) days notice prior to holding a hearing to ascertain the facts relative to any proposed suspension or revocation. Such notice shall be in writing and shall set out the reasons for the hearing and conditions -~ upon which the hearing may be held and shall be served upon the person to whom the license or permit is issued; or by leaving a copy at the premises covered by the license or by mailing such notice by certified or registered mail to the person to whom the license or permit is issued at the last known address or resident address." Section 16. Section 29 of Chapter 3 of the Riverside Code shall be amended to read as follows: "EFFECT OF REVOCATION. Whenever any license or permit shall be revoked under the terms and -- - _~•-~- provisions of this ordinance, the licensee shall not hereafter be eligible for any license, provided however, in the case of the revocation of an employee s permit, the Liquor Commission shall have the discretion.. to reissue any type of license or permit." Section 17. Section 30 of Chapter 3 of the Riverside Code shall be amended to read as follows: -.~ TEMPORARY CLOSING OF PREMISES. Notwithstanding ,.,/ 'any other provisions of the ordinance, the Liquor Commission shall have power to close for a period not in excess of forty-eight (98) hours, any premises which may be in the immediate area of mob riots, strike or any type of violence, actual or probable." Section 18. Section 37 of Chapter 3 of the Riverside Code shall be amended to read as follows: "REGULATIONS ON SIGNS. No premises for which a license shall have been issued hereunder shall Sion and1any to the exterior thereof more than one (lthe Li uor Commission." such sign shall be first approved by q Section 19. The City Clerk is directed to make the requisite changes in the City Code. ofM DAY OF 'D~ , ~ 19.79. PASSED THIS -.1y.- J MAYOR ATTEST: --/~f CITY CLE -~~ DAY OF W , 19 79' APPROVED THIS MAYOR