311.710. 1. In addition to the penalties and proceedingsfor suspension or revocation of licenses provided for in thischapter, and without limiting them, proceedings for thesuspension or revocation of any license authorizing the sale ofintoxicating liquor at retail may be brought in the circuit courtof any county in this state, or in the city of St. Louis, inwhich the licensed premises are located and such proceedings maybe brought by the sheriff or any peace officer of that county orby any eight or more persons who are taxpaying citizens of thecounty or city for any of the following offenses:
(1) Selling, giving or otherwise supplying intoxicatingliquor to a habitual drunkard or to any person who is under orapparently under the influence of intoxicating liquor;
(2) Knowingly permitting any prostitute, degenerate, ordissolute person to frequent the licensed premises;
(3) Permitting on the licensed premises any disorderlyconduct, breach of the peace, or any lewd, immoral or improperentertainment, conduct or practices;
(4) Selling, offering for sale, possessing or knowinglypermitting the consumption on the licensed premises of any kindof intoxicating liquors, the sale, possession or consumption ofwhich is not authorized under his license;
(5) Selling, giving, or otherwise supplying intoxicatingliquor to any person under the age of twenty-one years;
(6) Selling, giving or otherwise supplying intoxicatingliquors between the hours of 12:00 midnight Saturday night and12:00 midnight Sunday night.
2. Provided, that said taxpaying citizen shall submit inwriting, under oath, by registered United States mail to thesupervisor of liquor control a joint complaint, stating the nameof the licensee, the name under which the licensee's business isconducted and the address of the licensed premises, setting outin general the character and nature of the offense or offensescharged, together with the names and addresses of the witnessesby whom proof thereof is expected to be made; and provided, thatafter a period of thirty days after the mailing of such complaintto the supervisor of liquor control the person therein complainedof shall not have been cited by the supervisor to appear and showcause why his license should not be suspended or revoked thenthey shall file with the circuit clerk of the county or city inwhich the premises are located a copy of the complaint on filewith the supervisor of liquor control.
3. If, pursuant to the receipt of such complaint by thesupervisor of liquor control, the licensee appears and showscause why his license should not be suspended or revoked at ahearing held for that purpose by the supervisor and either thecomplainants or the licensee consider themselves aggrieved withthe order of the supervisor then, after a request in writing byeither the complainants or the licensee, the supervisor shallcertify to the circuit clerk of the county or city in which thelicensed premises are located a copy of the original complaintfiled with him, together with a copy of the transcript of theevidence adduced at the hearing held by him. Such certificationby the supervisor shall not act as a supersedeas of any ordermade by him.
4. Upon receipt of such complaint, whether from thecomplainant directly or from the supervisor of liquor control,the court shall set a date for an early hearing thereon and itshall be the duty of the circuit clerk to cause to be deliveredby registered United States mail to the prosecuting attorney ofthe county or to the circuit attorney of the city of St. Louisand to the licensee copies of the complaint and he shall, at thesame time, give notice of the time and place of the hearing.Such notice shall be delivered to the prosecuting attorney or tothe circuit attorney and to the licensee at least fifteen daysprior to the date of the hearing.
5. The complaint shall be heard by the court without a juryand if there has been a prior hearing thereon by the supervisorof liquor control then the case shall be heard de novo and boththe complainants and the licensee may produce new and additionalevidence material to the issues.
6. If the court shall find upon the hearing that the offenseor offenses charged in the complaint have been established by theevidence, the court shall order the suspension or revocation ofthe license but, in so doing, shall take into considerationwhatever order, if any, may have been made in the premises by thesupervisor of liquor control. If the court finds that to revokethe license would be unduly severe, then the court may suspendthe license for such period of time as the court deems proper.
7. The judgment of the court in no event shall be supersededor stayed during pendency of any appeal therefrom.
8. It shall be the duty of the prosecuting attorney orcircuit attorney to prosecute diligently and without delay anysuch complaints coming to him by virtue of this section.
9. The jurisdiction herein conferred upon the circuit courtsto hear and determine complaints for the suspension or revocationof licenses in the manner provided in this section shall not beexclusive and any authority conferred upon the supervisor ofliquor control to revoke or suspend licenses shall remain in fullforce and effect, and the suspension or revocation of a licenseas provided in this section shall be in addition to and not inlieu of any other revocation or suspension provided by thischapter.
10. Costs accruing because of such hearings in the circuitcourt shall be taxed in the same manner as criminal costs.
311.710. 1. In addition to the penalties and proceedingsfor suspension or revocation of licenses provided for in thischapter, and without limiting them, proceedings for thesuspension or revocation of any license authorizing the sale ofintoxicating liquor at retail may be brought in the circuit courtof any county in this state, or in the city of St. Louis, inwhich the licensed premises are located and such proceedings maybe brought by the sheriff or any peace officer of that county orby any eight or more persons who are taxpaying citizens of thecounty or city for any of the following offenses:
(1) Selling, giving or otherwise supplying intoxicatingliquor to a habitual drunkard or to any person who is under orapparently under the influence of intoxicating liquor;
(2) Knowingly permitting any prostitute, degenerate, ordissolute person to frequent the licensed premises;
(3) Permitting on the licensed premises any disorderlyconduct, breach of the peace, or any lewd, immoral or improperentertainment, conduct or practices;
(4) Selling, offering for sale, possessing or knowinglypermitting the consumption on the licensed premises of any kindof intoxicating liquors, the sale, possession or consumption ofwhich is not authorized under his license;
(5) Selling, giving, or otherwise supplying intoxicatingliquor to any person under the age of twenty-one years;
(6) Selling, giving or otherwise supplying intoxicatingliquors between the hours of 12:00 midnight Saturday night and12:00 midnight Sunday night.
2. Provided, that said taxpaying citizen shall submit inwriting, under oath, by registered United States mail to thesupervisor of liquor control a joint complaint, stating the nameof the licensee, the name under which the licensee's business isconducted and the address of the licensed premises, setting outin general the character and nature of the offense or offensescharged, together with the names and addresses of the witnessesby whom proof thereof is expected to be made; and provided, thatafter a period of thirty days after the mailing of such complaintto the supervisor of liquor control the person therein complainedof shall not have been cited by the supervisor to appear and showcause why his license should not be suspended or revoked thenthey shall file with the circuit clerk of the county or city inwhich the premises are located a copy of the complaint on filewith the supervisor of liquor control.
3. If, pursuant to the receipt of such complaint by thesupervisor of liquor control, the licensee appears and showscause why his license should not be suspended or revoked at ahearing held for that purpose by the supervisor and either thecomplainants or the licensee consider themselves aggrieved withthe order of the supervisor then, after a request in writing byeither the complainants or the licensee, the supervisor shallcertify to the circuit clerk of the county or city in which thelicensed premises are located a copy of the original complaintfiled with him, together with a copy of the transcript of theevidence adduced at the hearing held by him. Such certificationby the supervisor shall not act as a supersedeas of any ordermade by him.
4. Upon receipt of such complaint, whether from thecomplainant directly or from the supervisor of liquor control,the court shall set a date for an early hearing thereon and itshall be the duty of the circuit clerk to cause to be deliveredby registered United States mail to the prosecuting attorney ofthe county or to the circuit attorney of the city of St. Louisand to the licensee copies of the complaint and he shall, at thesame time, give notice of the time and place of the hearing.Such notice shall be delivered to the prosecuting attorney or tothe circuit attorney and to the licensee at least fifteen daysprior to the date of the hearing.
5. The complaint shall be heard by the court without a juryand if there has been a prior hearing thereon by the supervisorof liquor control then the case shall be heard de novo and boththe complainants and the licensee may produce new and additionalevidence material to the issues.
6. If the court shall find upon the hearing that the offenseor offenses charged in the complaint have been established by theevidence, the court shall order the suspension or revocation ofthe license but, in so doing, shall take into considerationwhatever order, if any, may have been made in the premises by thesupervisor of liquor control. If the court finds that to revokethe license would be unduly severe, then the court may suspendthe license for such period of time as the court deems proper.
7. The judgment of the court in no event shall be supersededor stayed during pendency of any appeal therefrom.
8. It shall be the duty of the prosecuting attorney orcircuit attorney to prosecute diligently and without delay anysuch complaints coming to him by virtue of this section.
9. The jurisdiction herein conferred upon the circuit courtsto hear and determine complaints for the suspension or revocationof licenses in the manner provided in this section shall not beexclusive and any authority conferred upon the supervisor ofliquor control to revoke or suspend licenses shall remain in fullforce and effect, and the suspension or revocation of a licenseas provided in this section shall be in addition to and not inlieu of any other revocation or suspension provided by thischapter.
10. Costs accruing because of such hearings in the circuitcourt shall be taxed in the same manner as criminal costs.
311.710. 1. In addition to the penalties and proceedingsfor suspension or revocation of licenses provided for in thischapter, and without limiting them, proceedings for thesuspension or revocation of any license authorizing the sale ofintoxicating liquor at retail may be brought in the circuit courtof any county in this state, or in the city of St. Louis, inwhich the licensed premises are located and such proceedings maybe brought by the sheriff or any peace officer of that county orby any eight or more persons who are taxpaying citizens of thecounty or city for any of the following offenses:
(1) Selling, giving or otherwise supplying intoxicatingliquor to a habitual drunkard or to any person who is under orapparently under the influence of intoxicating liquor;
(2) Knowingly permitting any prostitute, degenerate, ordissolute person to frequent the licensed premises;
(3) Permitting on the licensed premises any disorderlyconduct, breach of the peace, or any lewd, immoral or improperentertainment, conduct or practices;
(4) Selling, offering for sale, possessing or knowinglypermitting the consumption on the licensed premises of any kindof intoxicating liquors, the sale, possession or consumption ofwhich is not authorized under his license;
(5) Selling, giving, or otherwise supplying intoxicatingliquor to any person under the age of twenty-one years;
(6) Selling, giving or otherwise supplying intoxicatingliquors between the hours of 12:00 midnight Saturday night and12:00 midnight Sunday night.
2. Provided, that said taxpaying citizen shall submit inwriting, under oath, by registered United States mail to thesupervisor of liquor control a joint complaint, stating the nameof the licensee, the name under which the licensee's business isconducted and the address of the licensed premises, setting outin general the character and nature of the offense or offensescharged, together with the names and addresses of the witnessesby whom proof thereof is expected to be made; and provided, thatafter a period of thirty days after the mailing of such complaintto the supervisor of liquor control the person therein complainedof shall not have been cited by the supervisor to appear and showcause why his license should not be suspended or revoked thenthey shall file with the circuit clerk of the county or city inwhich the premises are located a copy of the complaint on filewith the supervisor of liquor control.
3. If, pursuant to the receipt of such complaint by thesupervisor of liquor control, the licensee appears and showscause why his license should not be suspended or revoked at ahearing held for that purpose by the supervisor and either thecomplainants or the licensee consider themselves aggrieved withthe order of the supervisor then, after a request in writing byeither the complainants or the licensee, the supervisor shallcertify to the circuit clerk of the county or city in which thelicensed premises are located a copy of the original complaintfiled with him, together with a copy of the transcript of theevidence adduced at the hearing held by him. Such certificationby the supervisor shall not act as a supersedeas of any ordermade by him.
4. Upon receipt of such complaint, whether from thecomplainant directly or from the supervisor of liquor control,the court shall set a date for an early hearing thereon and itshall be the duty of the circuit clerk to cause to be deliveredby registered United States mail to the prosecuting attorney ofthe county or to the circuit attorney of the city of St. Louisand to the licensee copies of the complaint and he shall, at thesame time, give notice of the time and place of the hearing.Such notice shall be delivered to the prosecuting attorney or tothe circuit attorney and to the licensee at least fifteen daysprior to the date of the hearing.
5. The complaint shall be heard by the court without a juryand if there has been a prior hearing thereon by the supervisorof liquor control then the case shall be heard de novo and boththe complainants and the licensee may produce new and additionalevidence material to the issues.
6. If the court shall find upon the hearing that the offenseor offenses charged in the complaint have been established by theevidence, the court shall order the suspension or revocation ofthe license but, in so doing, shall take into considerationwhatever order, if any, may have been made in the premises by thesupervisor of liquor control. If the court finds that to revokethe license would be unduly severe, then the court may suspendthe license for such period of time as the court deems proper.
7. The judgment of the court in no event shall be supersededor stayed during pendency of any appeal therefrom.
8. It shall be the duty of the prosecuting attorney orcircuit attorney to prosecute diligently and without delay anysuch complaints coming to him by virtue of this section.
9. The jurisdiction herein conferred upon the circuit courtsto hear and determine complaints for the suspension or revocationof licenses in the manner provided in this section shall not beexclusive and any authority conferred upon the supervisor ofliquor control to revoke or suspend licenses shall remain in fullforce and effect, and the suspension or revocation of a licenseas provided in this section shall be in addition to and not inlieu of any other revocation or suspension provided by thischapter.
10. Costs accruing because of such hearings in the circuitcourt shall be taxed in the same manner as criminal costs.
