11.72.010 Petition for hearing.
11.72.020 Hearing notice.
11.72.030 Verification of petition signatures.
11.72.040 Hearing conduct.
11.72.050 Determination of detrimental operation of premises.
11.72.060 Petition after denial of permit.
11.72.070 Permit reissuance for premises after revocation.
11.72.080 Workshop or residence facility exempted.

11.72.010 Petition for hearing.

The Board of Public Service, upon receipt by the Secretary of the Board of Public Service of a petition signed by either a majority of the persons owning real property or a majority of the registered voters occupying property within a prescribed petition circle drawn with a radius of three hundred fifty (350) feet plus one-half ( 1/2) of the width of the premises involved from the center of the front of said premises projected to the street alleging that the operation of the premises involved, which is being operated as a rooming house, boarding house, dormitory or hotel, is being operated in such manner, as factually set out in said petition, to constitute a detriment to the neighborhood, shall hold a public hearing based on said petition.
(Ord. 61971 § 1 1990.)

11.72.020 Hearing notice.

The Board of Public Service shall set a reasonable time for the hearing on said petition, shall give adequate public notice thereof, and shall give notice to the person or persons who owns or operates the premises involved in writing with a copy of said petition by Certified Mail.
(Ord. 61971 § 2, 1990.)

11.72.030 Verification of petition signatures.

The Board of Public Service shall appoint one of its employees to check the petition filed in each proceeding and verify the signatures appearing thereon with the property owners whose names appear on the Assessor's records, or the registered voters whose names appear on the Board of Election Commissioner's records, as the case may be, and if such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made at the public hearing before any testimony is received at said hearing.
(Ord. 61971 § 3, 1990.)

11.72.040 Hearing conduct.

The hearing shall be conducted in the same manner as the Board of Public Service conducts its weekly public meetings. If a majority of the Members of the Board of Public Service present at said hearing on the petition shall decide that the operation of the premises involved constitutes a detriment to the neighborhood, they shall set out in their written order the facts on which their decision is based and the time limit or conditions of suspension, or revocation of said permit to operate said rooming house, boarding house, dormitory or hotel. A copy of said order shall be published in the City Journal and sent by Certified Mail to the owner or operator of the premises involved. Any person adversely affected by said order shall have a right of Judicial Review as provided by Section 536.100 R.S.Mo. 1986, as supplemented.
(Ord. 61971 § 4, 1990.)

11.72.050 Determination of detrimental operation of premises.

A. In determining whether the operation of a premises is detrimental to the neighborhood in which the premises is located the Board of Public Service shall consider the following factors, giving such weight thereto as they deem appropriate:

1. The character of the neighborhood in which the premises is located, with particular consideration being given to the proximity of the premises to parks, churches, schools, playgrounds, residences and hospitals;

2. Loitering in the immediate vicinity of the premises by persons frequenting the premises;

3. Littering committed by persons frequenting the premises or by the permit holder, his agents, servants or employees;

4. Drinking in public by persons frequenting the premises;

5. Lewd and indecent conduct, including but not limited to public urination, exhibited by persons frequenting the premises or by permit holder, his employees, servants or agents, whether such behavior occurs on the premises or in the immediate vicinity thereof;

6. Commission of crimes upon or in the immediate vicinity of a premises by persons frequenting the premises or by the permit holder, his employees, servants or agents;

7. Sale or use of illegal drugs upon or in the immediate vicinity of the premises by persons frequenting the premises or by the permit holder, his employees, servants or agents;

8. Harassing or intimidating behavior exhibited by persons frequenting or congregating about the premises toward persons living in the neighborhood in which the premises is located or toward persons passing by the premises;

9. Noise associated with the operation of the premises or caused by persons frequenting the premises;

10. Street and sidewalk congestion associated with operation of the premises;

11. Existence of proper lighting and appropriate parking facilities, or the lack thereof;

12. Other facilities, which, due to the character of the neighborhood or of the premises, would be relevant to the determination of whether continuation of a permit would be detrimental to the neighborhood in which the premises is located.

B. The Board of Public Service may find that continuation of a permit would be detrimental to the neighborhood in which a premises is located without finding that such detriment is or would be due to the fault or negligence, or is or would be the responsibility, of the permit holder. For purposes of this chapter, a person shall be considered to frequent a premises if he lives or works at, or visits the premises or if he loiters about the immediate vicinity of the premises but would not do so except for the existence of the premises.
(Ord. 61971 § 5, 1990.)

11.72.060 Petition after denial of permit.

No petition to suspend or revoke a permit to operate a rooming house, boarding house, dormitory or hotel under the provisions of this chapter shall be accepted by the Secretary of the Board of Public Service for a period of six months after the Board of Public Service has denied, after a hearing, a previous petition to suspend or revoke such a permit for the same premises.
(Ord. 61971 § 6, 1990.)

11.72.070 Permit reissuance for premises after revocation.

Notwithstanding Ordinance 60828, approved April 11, 1988 (Section 25.04.060), no application shall be accepted by the Secretary of the Board of Public Service for a permit to operate a rooming house, boarding house, dormitory or hotel for a period of six (6) months after the Board of Public Service has revoked, after a hearing, a previous permit for any such uses for the same premises.
(Ord. 61971 § 7, 1990.)

11.72.080 Workshop or residence facility exempted.

This chapter shall not be construed to allow the filing of a petition to suspend or revoke the permit of a sheltered workshop or residence facility authorized by Sections 205.968 to 205.973 R.S.Mo. 1986, as supplemented.
(Ord. 61971 § 8, 1990.)