§ 20-8. Issuance of license; restrictions on license; suspension or revocation of license.

(a)

Application; issuance. Every application for a cigarette license shall be made upon a form prescribed, prepared and furnished by the manager of regulated industries, and shall set forth such information as he shall require. Upon approval of the application, the manager of regulated industries shall grant and issue to the applicant a cigarette license as provided in this chapter.

(b)

Transfer; display; term. Cigarette licenses shall not be assignable and shall be valid only for the persons in whose names issued, and for the transaction of business in the places designated therein, and shall at all times be conspicuously displayed at the places for which issued. All licenses shall expire on December 31 in each and every year, unless sooner suspended, surrendered or revoked for cause by the manager of regulated industries.

(c)

Duplicates. Whenever any license issued under the provisions of this section is defaced, destroyed or lost, the manager of regulated industries shall issue a duplicate license for the defaced, destroyed or lost license upon the payment of a fee of $1.00.

(d)

Suspension or revocation. The manager of regulated industries shall have the authority to suspend for a period not to exceed 90 days, or to revoke a cigarette license whenever the manager finds that the holder of the license or his employee:

(1)

Has failed to comply with any of the provisions of this chapter or any rules or regulations of the manager of regulated industries prescribed or promulgated under this chapter;

(2)

Has been convicted of an ordinance violation for violating any of the provisions of sections 20-2, 20-3, and 20-6 to 20-13 inclusive of this chapter;

(3)

Has sold or distributed tobacco products or rolling papers on the licensed premises to any person under the age of 21 in violation of law;

(4)

Has permitted or allowed any person under the age of 21 to purchase or obtain tobacco products from vending machines located on the licensed premises, in violation of law;

(5)

Has sold, distributed or displayed drug paraphernalia on the licensed premises in violation of law;

(6)

Has sold, distributed, delivered, manufactured, produced or possessed a controlled substance or controlled substance analogue in violation of state law on the licensed premises;

(7)

Has possessed an imitation controlled substance in violation of state law on the licensed premises.

Upon suspending or revoking any cigarette license, the manager of regulated industries shall request the holder thereof to surrender to him immediately all license cards or tokens, or duplicates thereof, and the holder shall surrender promptly all such license cards or tokens to the manager of regulated industries as requested, together with all stamps, if any, in his possession which he has not affixed to packages of cigarettes, and the manager of regulated industries is hereby authorized to refund all money paid for such stamps.

(e)

Notice; hearing. Before suspending or revoking any cigarette license, the manager of regulated industries shall send notice in writing at least ten days before the proposed suspension or revocation date by certified mail to the license holder's last known address. If the license holder disputes the proposed suspension or revocation, he shall submit a written request for hearing to the manager of regulated industries, which request must be received before the proposed suspension or revocation date. If the license holder fails to make a timely request for a hearing or fails to appear for a requested hearing, the license shall be suspended or revoked. Upon receipt of a timely request for hearing, the manager of regulated industries shall stay the suspension or revocation pending the hearing, and shall hold a hearing without unnecessary delay. The manager of regulated industries shall make a record of the hearing and shall notify the license holder in writing of the decision.

(f)

Judicial review. Pursuant to RSMo ch. 536, the license holder may seek judicial review of a decision by the manager of regulated industries to suspend or revoke the cigarette license.

(g)

Informal disposition. Nothing contained in this section or in this chapter shall preclude the informal disposition of contested cases by stipulation, consent order or default, or by agreed settlement.

(Code of Gen. Ords. 1967, § 11.8; Ord. No. 130056, § 1, 1-31-13; Ord. No. 150505 , § 3, 7-16-15; Ord. No. 150962 , § 1, 11-19-15)