Additional complaints
This law lets people take a liquor store or bar to court to try to get their license taken away or suspended. A sheriff, peace officer, or a group of at least 8 local taxpayers can file a complaint in court if the business does things like selling alcohol to drunk people, selling to anyone under 21, allowing prostitution or disorderly behavior on the property, or selling alcohol during off-hours (between 1:30 a.m. and 6:00 a.m.). Before going to court, the group of taxpayers must first send a written complaint to the state alcohol supervisor. If the supervisor does not act within 30 days, the group can then take the complaint to court. A judge (no jury) hears the case and can suspend or revoke the license if the charges are proven.
311.710. Additional s — by whom made — procedure. — 1. In addition to the penalties and proceedings for or of s provided for in this chapter, and without limiting them, proceedings for the suspension or revocation of any license authorizing the sale of may be brought in the of any county in this state, or in the City of St. Louis, in which the are located and such proceedings may be brought by the sheriff or any of that county or by any eight or more persons who are s of the county or city for any of the following s:
(1) Selling, giving or otherwise supplying intoxicating liquor to a or to any person who is under or apparently under the influence of intoxicating liquor;
(2) permitting any prostitute, degenerate, or person to frequent the licensed premises;
(3) Permitting on the licensed premises any , , 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 , the sale, possession or consumption of which is not 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, , by United States mail to the a joint complaint, stating the name of the , 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 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 to appear and why his or her license should not be or then they shall file with the of the county or city in which the are located a copy of the complaint on file with the supervisor of alcohol and tobacco control.
3. If, 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 held for that purpose by the supervisor and either the s or the licensee consider themselves with the of the supervisor then, after a request in writing by either the complainants or the licensee, the supervisor shall 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 of the evidence at the hearing held by him or her. Such by the supervisor shall not act as a 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 of the county or to the 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 and both the complainants and the licensee may produce new and additional evidence 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 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 the license would be unduly severe, then the court may the license for such period of time as the court deems proper.
7. The of the court in no event shall be or during of any therefrom.
8. It shall be the duty of the prosecuting attorney or circuit attorney to diligently and without delay any such complaints coming to him or her by virtue of this section.
9. The herein conferred upon the to hear and determine complaints for the suspension or revocation of licenses in the manner provided in this section shall not be and any 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 any other revocation or suspension provided by this chapter.
10. Costs because of such hearings in the circuit court shall be in the same manner as criminal costs.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1943 p. 617 § 4946a, A.L. 2021 S.B. 126)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.