§ 12-68. Hearing for assessment of points, suspension, revocation or nonrenewal of license and hearing procedures.

(a)

Scheduling hearings. When the commissioner has information that:

(1)

Actions of the licensee or other persons on the licensed premises have resulted in the accumulation of more than 12 points within the previous six months under section 12-70(b) of this article;

(2)

Actions of the licensee or other persons on the licensed premises have resulted in the accumulation of more than 24 points within the previous 12 months under section 12-70(b) of this article;

(3)

A licensee has filed a request with the commissioner for a hearing after the assessment of any points under section 12-70 of this article;

(4)

Any material representation on the license application was untrue;

(5)

The licensee, or the licensee's spouse, or any officer, director or greater than ten percent shareholder has another license revoked under this article;

(6)

The licensee, or any spouse, partner, officer, director or shareholder with greater than a ten percent interest in licensee, has, within the previous ten years been convicted of, or remains under confinement for, any felony, misdemeanor, ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child, or pornography and related offenses as defined in the state's criminal code, RSMo chs. 556—600, or similar statutes in other states, or controlled substance or illegal drugs or narcotics offenses, as described in the state's comprehensive drug control act;

(7)

The license has been suspended three other times during the previously 12-month period under section 12-71(a)(4) of this article; or

(8)

Actions of the licensee or other persons on the licensed premises have resulted in the accumulation of more than 36 points within the previous 24 months under section 12-71(a)(5) of this article.

then the commissioner shall after no less than ten days' written notice to the licensee hold a hearing in the manner provided in this article to ascertain all facts in the matter. Notice of the hearing shall be in writing, and shall set forth the reason for the hearing or the complaint against the licensee, and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address. If the commissioner or director is not able to serve notice upon the licensee in person, and any notice sent by mail is returned by the postal service, the commissioner or director shall cause such notice to be posted at the principal entrance of the adult live entertainment business or adult entertainment business, and the posting shall be a valid means of service. If the commissioner finds and concludes from the evidence that the licensee has violated any of the provisions contained in this section or sections 12-70 or 12-71, he or she may affirm or reverse the assessment of any point against a licensee pursuant to the provisions of sections 12-70 and 12-71, or suspend or revoke the license issued under this article, or, in the case of a renewal application, refuse to renew the license.

(b)

Hearing procedures. The following procedures shall apply to all hearings conducted under this section:

(1)

The burden of proof in a hearing involving the possible assessment of points, suspension, revocation or nonrenewal of a license issued under this article shall be "by a preponderance of the evidence," regardless of the fact that some of the criteria for suspension or revocation refer to acts that may be criminal in nature and that thus would involve a higher standard of proof in another context. The commissioner may take administrative notice of any conviction of a crime or civil infraction pertinent to the proceedings.

(2)

The applicant, licensee or an owner, as the case may be, shall have full right to be represented by counsel; produce witnesses and other evidence, and to cross examine all witnesses who appear against him. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The commissioner may receive evidence relevant to the issues from the applicant, licensee or from other sources. Witnesses may be subpoenaed, and, upon request of any party, the director shall issue subpoenas, and, in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the circuit court.

(3)

If a hearing is held under the provisions of this article, then the commissioner shall issue findings of fact and conclusions of law, and an order wherein he may approve or disapprove an application, or dismiss a complaint, affirm or reverse the assessment of points against a licensee, or suspend or revoke a license previously issued, or renew or refuse to renew a license previously issued. The commissioner's order shall be served upon the applicant or licensee, as the case may be, in person or by registered or certified mail to the applicant's or licensee's last known address. If the commissioner is not able to serve the order upon the applicant, licensee, or applicant for renewal license in the manner stated in this subsection, and any notice sent by mail is returned by the postal service, the commissioner shall cause the order to be posted at the principal entrance of the adult live entertainment business or adult entertainment business or facility, and that posting shall be a valid means of service. The commissioner's order shall also be posted for 30 days in the city's office of regulated industries.

(c)

Review. Unless otherwise provided in this article, any applicant or any other person aggrieved by the decision of the commissioner under the provisions of this article may seek judicial review in a manner provided by law. The cost of a transcript of a hearing before the commissioner shall be paid by the party requesting the transcript.

(Ord. No. 981345, § A, 12-21-98)