ST. LOUIS PUBLIC LIBRARY
PREMIER LIBRARY SOURCES
HOME KIDZONE CATALOG SEARCH BULLET



BULLET St. Louis City Revised Code Chapter 14.02 Excise Division

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 14.02
Excise Division

Sections:

14.02.010 Established.
14.02.020 Deputies and employees.
14.02.030 Powers and duties.
14.02.040 Power of Excise Commissioner to impose certain terms and conditions on a license--When.
14.02.050 Power of arrest.
14.02.060 Oath and bond.
14.02.070 Interest in places manufacturing or selling intoxicating liquor or nonintoxicating beer.
14.02.080 Reports to state supervisor.
14.02.090 Neglect of duty--Removal from office.

14.02.010 Established.

The Excise Division was established as a part of the Department of Public Safety by Ordinance 40274 on March 23, 1934. The chief officer of the Excise Division shall be the Excise Commissioner, who shall be appointed by the Director of Public Safety.
(Ord. No. 68536, 3, 12-15-2009.)

Charter:

Art. I 1 (21) Excise department

Art. XIII 15 (b) Division of excise

City Counselor Ops.: 8295

14.02.020 Deputies and employees.

The Excise Commissioner may appoint the following employees in the Excise Division:

A. A Liquor Control Supervisor, whose duties shall be the same as those prescribed for the Excise Commissioner, to be performed by him at the direction and under the control and supervision of the Excise Commissioner, and who, during the absence of the Excise Commissioner, shall act as such; and

B. Such Liquor Control Officers, clerical, stenographic, and inspection personnel as are necessary to discharge the duties and responsibilities of the division. Excise Division employees shall have the power to administer oaths and take testimony in the official discharge of the duties of the Excise Division. Upon delegation in writing by the Commissioner or the Director of Public Safety, the senior Liquor Control Officer, in the absence of the Excise Commissioner and the Liquor Control Supervisor, may perform all duties and acts which the Commissioner is empowered to perform under the provisions of this chapter and title. In the event of a vacancy in the position of Excise Commissioner, the powers and duties of the Excise Commissioner shall be conferred upon the Director of Public Safety or his delegate. The Director of Public Safety may also appoint hearing officers as needed.
(Ord. No. 68536, 3, 12-15-2009.)

14.02.030 Powers and duties.

The duties of the Excise Commissioner shall be as follows:

A. To make recommendations to the License Collector for the issuance and renewal of licenses provided for under this chapter and title;

B. To revoke, cancel, suspend or fine for cause all licenses or permits issued pursuant to the provisions of this title;

C. To prescribe all forms for applications, and such other forms as are necessary to carry out the provisions of this title;

D. To prescribe the terms and conditions of licenses or permits granted and issued pursuant to this title;

E. To prescribe the nature of the proof to be furnished and the conditions to be observed, and the manner of all applications or licenses or permits;

F. To issue subpoenas and all necessary processes.

G. Require the production of papers, administer oaths and take testimony, investigate all applications for licenses or permits under the terms of this title and all complaints or reports concerning the conduct of any business carried on under licenses issued pursuant to this title; and

H. To issue permits provided for by this chapter and title.

The Excise Commissioner shall have the power to make rules, regulations, orders and directions as may be necessary and feasible for carrying out the duties of his office and as are not inconsistent with the provisions of this code.
(Ord. No. 68536, 3, 12-15-2009.)

Cases:

St. Louis ordinances which required neighborhood approval prior to issuance of full drink liquor licenses and provided a formal procedure whereby neighborhood residents or businessmen could collectively protest the issuance of such licenses gave to protesting residents and businessmen the status of "aggrieved parties" with standing to seek judicial review under the Administrative Procedure and Review Act of decision by city excise commissioner to issue a full drink liquor license. Application of Skinner, 622 S.W. 2d 724 (1981).

14.02.040 Power of Excise Commissioner to impose certain terms and conditions on a license--When.

A. If, following a hearing held pursuant to any of the provisions of Sections 14.08.060 through 14.08.130, the Excise Commissioner determines that the issuance or renewal of a retail liquor license would not be detrimental to the neighborhood in which the licensed premises is or would be located, but that upon consideration of the factors listed in Section 14.08.040, a condition or conditions which are not in the best interest of such neighborhood exist with respect to such premises, or would exist if a license were issued for such premises, he may impose upon the license for such premises one or more of the terms and conditions set out in subsection (C) of this section at the time that he issues or renews the license. The Excise Commissioner shall impose only such terms and conditions as are reasonably calculated to remedy or ameliorate the offending condition.

Notwithstanding any other provision of this section, the Excise Commissioner need not hold a hearing prior to imposing one or more of the terms and conditions set out in subsection (C) if the licensee or applicant has expressly waived the right to a hearing or has agreed to the imposition of particular terms and conditions.

B. If it is determined after a hearing that a licensee or one or more of the licensee's agents, servants or employees has violated the provisions of this chapter or title, order or regulation, there may be imposed upon the licensee one or more of the terms and conditions set out in subsection (C) of this section. There shall only be imposed such terms and conditions as are reasonably calculated to prevent, or reduce the likelihood of, recurrence of the violation. Notwithstanding any other provision of this section, the Excise Commissioner need not hold a hearing prior to imposing one or more of the terms and conditions set out in subsection (C) upon a license where the licensee has expressly waived his right to a hearing on the violation or has admitted that either he or one or more of his agents, servants or employees has violated the provisions of this chapter or title.

C. When authorized to do so pursuant to the provisions of subsections (A) and (B) of this section, there may be imposed one or more of the following terms and conditions on a license:

1. Reasonable restrictions on the hours during which a licensee may operate;

2. Prohibiting the sale of package liquor upon premises for which a drink license has been issued or allowing the sale of package liquor upon such premises only during specified hours;

3. Limiting the sale of package liquor upon premises for which a drink license has been issued to packages containing no more than a specified percentage of alcohol by weight or volume;

4. Limiting the sale of intoxicating liquor upon premises for which a full drink license, a full drink picnic license, a 22% drink license, a full package license or a 22% package license has been issued to sale of intoxicating liquor containing no more than a specified percentage of alcohol by weight or volume;

5. Prohibiting the sale of any intoxicating liquor upon a premises for which a 5% drink license, a 5% drink picnic license or a 5% package license has been issued and, instead, allowing only the sale of nonintoxicating beer upon such premises;

6. Reasonable conditions relating to security of the licensed premises and its patrons;

7. Requirements pertaining to checking the identification of persons wishing to gain entry into the licensed premises;

8. Requiring that the licensed premises be posted against minors;

9. Requiring landscaping or fencing of the licensed premises;

10. Requirements related to control of litter or noise, including, but not limited to, requirements relative to maintenance of trash containers;

11. Requirements related to exterior lighting on or about the licensed premises; and

12. Such other terms or conditions which, due to the character of the neighborhood or of the licensed premises or proposed licensed premises, would be reasonable and appropriate.

D. When there is authorization to impose one or more of the terms and conditions provided for in subsection (C) of this section, he shall have discretion to impose such terms and conditions on either a temporary or permanent basis. When there has been imposed terms or conditions on a temporary basis, upon expiration of the period for which the term or condition is imposed, he may, upon his own motion, call a hearing to determine whether the condition which led to imposition of such term or condition has been abated. If a hearing has been called, there shall be compliance with the notice provisions contained in subsection (B) of Section 14.08.060. However, all notices required for such hearing shall specify that the hearing has been called to consider whether to extend the period during which the term or condition in question will remain in force. The procedure established by subsection (C) of Section 14.08.060 shall apply to hearings held pursuant to this subsection.

E. It shall be a violation of this chapter and title for a licensee or for one or more of his servants, agents or employees to fail to comply with any term or condition imposed, pursuant to the provisions of this section, upon the license issued to said licensee.
(Ord. No. 68536, 3, 12-15-2009.)

14.02.050 Power of arrest.

The Excise Commissioner, his Liquor Control Supervisor and Liquor Control Officers may be armed and shall have power to make arrests for violations of this chapter or title.
(Ord. No. 68536, 3, 12-15-2009.)

14.02.060 Oath and bond.

Before entering upon the discharge of his duties, the Excise Commissioner shall take and subscribe to an oath to support the Constitution of the United States and of this state, and faithfully demean himself in office, and shall also execute a bond to the City, at the City's expense, in the penal sum of twenty-five thousand dollars ($25,000).
(Ord. No. 68536, 3, 12-15-2009.)

14.02.070 Interest in places manufacturing or selling intoxicating liquor or nonintoxicating beer.

Neither the Excise Commissioner nor any of his subordinates or employees shall have any interest, directly or indirectly, either proprietary or by means of any loan, mortgage, or other lien, either for his or their own benefit or in a fiduciary capacity, or in any other manner, in or on any premises where intoxicating liquor or nonintoxicating beer is distilled, brewed, manufactured or sold; nor shall he or they have any interest, directly or indirectly, in any business wholly or in part devoted to the distilling, brewing, manufacture or sale of intoxicating liquor or nonintoxicating beer, nor shall he or they, directly or indirectly, engage in dealing in or distilling, brewing, manufacturing or selling intoxicating liquor or nonintoxicating beer either as owner, part owner, partner, member of a syndicate, shareholder of a corporation, agent or employee either for his or their benefit, or in a fiduciary capacity.
(Ord. No. 68536, 3, 12-15-2009.)

14.02.080 Reports to state supervisor.

The Excise Commissioner shall make a report to the state supervisor of the Missouri Division of Alcohol and Tobacco of all licenses revoked, canceled, suspended, or fined.
(Ord. No. 68536, 3, 12-15-2009.)

14.02.090 Neglect of duty--Removal from office.

If the Excise Commissioner or any of his employees or agents shall fail to perform any of the duties imposed on him or them by this code, he or they may be removed from office by the appointing officer according to the rules, regulations and ordinances of the City.
(Ord. No. 68536, 3, 12-15-2009.)

Return to Top of Charter, Code, and Ordinances.
Return to Title 14
Return to Code Table of Contents

HOME | KIDZONE | CATALOG | CONTACT US | SEARCH | HINTS