Bill Summary – FastDemocracy

FIRST REGULAR SESSION
                        HOUSE BILL NO. 1251
                               103RD GENERAL ASSEMBLY


                                INTRODUCED BY REPRESENTATIVE CUPPS.

     2781H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 311.660, 311.680, 311.710, 311.720, 313.004, 313.255, 572.010, 572.015,
            and 572.100, RSMo, and to enact in lieu thereof nine new sections relating to illegal
            gambling, with penalty provisions and an emergency clause.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 311.660, 311.680, 311.710, 311.720, 313.004, 313.255, 572.010,
 572.015, and 572.100, RSMo, are repealed and nine new sections enacted in lieu thereof, to
 be known as sections 311.660, 311.680, 311.710, 311.720, 313.004, 313.255, 572.010,
 572.015, and 572.100, to read as follows:
             311.660. 1. The supervisor of liquor control shall have the authority to suspend or
 revoke for cause all such licenses; and to make the following regulations, without limiting the
 generality of provisions empowering the supervisor of liquor control as in this chapter set
 forth as to the following matters, acts and things:
         (1) Fix and determine the nature, form and capacity of all packages used for
 containing intoxicating liquor of any kind, to be kept or sold under this law;
         (2) Prescribe an official seal and label and determine the manner in which such seal or
 label shall be attached to every package of intoxicating liquor so sold under this law; this
 includes prescribing different official seals or different labels for the different classes,
 varieties or brands of intoxicating liquor;
         (3) Prescribe all forms, applications and licenses and such other forms as are
 necessary to carry out the provisions of this chapter, except that when a licensee substantially
 complies with all requirements for the renewal of a license by the date on which the
 application for renewal is due, such licensee shall be permitted at least an additional ten days

     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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 from the date notice is sent that the application is deficient, in which to complete the
 application;
         (4) Prescribe the terms and conditions of the licenses issued and granted under this
 law;
         (5) Prescribe the nature of the proof to be furnished and conditions to be observed in
 the issuance of duplicate licenses, in lieu of those lost or destroyed;
         (6) Establish rules and regulations for the conduct of the business carried on by each
 specific licensee under the license, and such rules and regulations if not obeyed by every
 licensee shall be grounds for the revocation or suspension of the license;
         (7) The right to examine books, records and papers of each licensee and to hear and
 determine complaints against any licensee;
         (8) To issue subpoenas and all necessary processes and require the production of
 papers, to administer oaths and to take testimony;
         (9) Prescribe all forms of labels to be affixed to all packages containing intoxicating
 liquor of any kind; [and]
         (10) To refer to the Missouri gaming commission, Missouri state highway patrol,
 and local law enforcement agencies any suspected illegal gambling activity punishable
 under chapter 572 being conducted on the premises of a location licensed under this
 chapter, which shall be investigated under section 43.380; and
         (11) To make such other rules and regulations as are necessary and feasible for
 carrying out the provisions of this chapter, as are not inconsistent with this law.
         2. Notwithstanding subsection 1 of this section, the supervisor of liquor control shall
 not prohibit persons from participating in the sale of intoxicating liquor within the scope of
 their employment solely on the basis of being found guilty of any felony offense, except for
 prohibitions set forth in sections 311.191 and 311.193.
             311.680. 1. Whenever it shall be shown, or whenever the supervisor of liquor control
 has knowledge, that a person licensed hereunder has not at all times kept an orderly place or
 house, or has violated any of the provisions of this chapter, the supervisor of liquor control
 may warn, place on probation on such terms and conditions as the supervisor of liquor control
 deems appropriate for a period not to exceed twelve months, suspend or revoke the license of
 that person, but the person shall have ten days' notice of the application to warn, place on
 probation, suspend or revoke the person's license prior to the order of warning, probation,
 revocation or suspension issuing.
         2. Any wholesaler licensed pursuant to this chapter in lieu of, or in addition to, the
 warning, probation, suspension or revocation authorized in subsection 1 of this section, may
 be assessed a civil penalty by the supervisor of liquor control of not less than one hundred
 dollars or more than twenty-five hundred dollars for each violation.
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         3. Any solicitor licensed pursuant to this chapter in lieu of the suspension or
 revocation authorized in subsection 1 of this section may be assessed a civil penalty or fine by
 the supervisor of liquor control of not less than one hundred dollars nor more than five
 thousand dollars for each violation.
         4. Any retailer with less than five thousand occupant capacity licensed pursuant to
 this chapter in lieu of the suspension or revocation authorized by subsection 1 of this section
 may be assessed a civil penalty or fine by the supervisor of liquor control of not less than fifty
 dollars nor more than one thousand dollars for each violation.
         5. Any retailer with five thousand or more occupant capacity licensed pursuant to this
 chapter in lieu of the suspension or revocation authorized by subsection 1 of this section, may
 be assessed a civil penalty or fine by the supervisor of liquor control of not less than fifty
 dollars nor more than five thousand dollars for each violation.
         6. (1) Upon notification by the Missouri gaming commission or a law
 enforcement agency of possession of a gambling device, as defined under section
 572.010, by a person licensed pursuant to this chapter, the supervisor of liquor control
 shall suspend or revoke the license of such person on such terms and conditions as the
 supervisor of liquor control deems appropriate, provided such person shall be given ten
 days to remove such gambling device from the premises prior to the supervisor of liquor
 control taking action pursuant to this subsection. Upon a second or subsequent
 notification pursuant to this subsection of the possession of a gambling device by a
 person licensed pursuant to this chapter, the supervisor of liquor control shall not be
 required to give such person ten days to remove such gambling device from the premises
 prior to taking action pursuant to this subsection.
         (2) The supervisor of liquor control shall, by no later than August 15, 2025,
 provide written or electronic notice to all persons licensed pursuant to this chapter
 informing such persons of the provisions of this subsection and section 311.720.
         7. Any aggrieved person may appeal to the administrative hearing commission in
 accordance with section 311.691.
         [7.] 8. In order to encourage the early resolution of disputes between the supervisor of
 liquor control and licensees, the supervisor of liquor control, prior to issuing an order of
 warning, probation, revocation, suspension, or fine, shall provide the licensee with the
 opportunity to meet or to confer with the supervisor of liquor control, or his or her designee,
 concerning the alleged violations. At least ten days prior to such meeting or conference, the
 supervisor shall provide the licensee with notice of the time and place of such meeting or
 conference, and the supervisor of liquor control shall also provide the licensee with a written
 description of the specific conduct for which discipline is sought, a citation of the law or rules
 allegedly violated, and, upon request, copies of any violation report or any other documents
HB 1251                                            4

which are the basis for such action. Any order of warning, probation, revocation, suspension,
or fine shall be effective no sooner than thirty days from the date of such order.
           311.710. 1. In addition to the penalties and proceedings for suspension or revocation
of licenses provided for in this chapter, and without limiting them, proceedings for the
suspension or revocation of any license authorizing the sale of intoxicating liquor at retail
may be brought in the circuit court of any county in this state, or in the City of St. Louis, in
which the licensed premises are located and such proceedings may be brought by the sheriff
or any peace officer of that county or by any eight or more persons who are taxpaying citizens
of the county or city for any of the following offenses:
       (1) Selling, giving or otherwise supplying intoxicating liquor to a habitual drunkard
or to any person who is under or apparently under the influence of intoxicating liquor;
       (2) Knowingly permitting any prostitute, degenerate, or dissolute person to frequent
the licensed premises;
       (3) Permitting on the licensed premises any disorderly conduct, breach of the peace,
or any lewd, immoral or improper entertainment, conduct or practices;
       (4) Selling, offering for sale, possessing or knowingly permitting the consumption on
the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption
of which is not authorized under his or her license;
       (5) Selling, giving, or otherwise supplying intoxicating liquor to any person under the
age of twenty-one years;
       (6) Selling, giving or otherwise supplying intoxicating liquors between the hours of
1:30 a.m. and 6:00 a.m. any day of the week;
       (7) Permitting on the licensed premises any form of gambling device punishable
under chapter 572.
       2. Provided, that said taxpaying citizen shall submit in writing, under oath, by
registered United States mail to the supervisor of alcohol and tobacco control a joint
complaint, stating the name of the licensee, the name under which the licensee's business is
conducted and the address of the licensed premises, setting out in general the character and
nature of the offense or offenses charged, together with the names and addresses of the
witnesses by whom proof thereof is expected to be made; and provided, that after a period of
thirty days after the mailing of such complaint to the supervisor of alcohol and tobacco
control the person therein complained of shall not have been cited by the supervisor to appear
and show cause why his or her license should not be suspended or revoked then they shall file
with the circuit clerk of the county or city in which the premises are located a copy of the
complaint on file with the supervisor of alcohol and tobacco control.
       3. If, pursuant to the receipt of such complaint by the supervisor of alcohol and
tobacco control, the licensee appears and shows cause why his or her license should not be
HB 1251                                              5

 suspended or revoked at a hearing held for that purpose by the supervisor and either the
 complainants or the licensee consider themselves aggrieved with the order of the supervisor
 then, after a request in writing by either the complainants or the licensee, the supervisor shall
 certify to the circuit clerk of the county or city in which the licensed premises are located a
 copy of the original complaint filed with him or her, together with a copy of the transcript of
 the evidence adduced at the hearing held by him or her. Such certification by the supervisor
 shall not act as a supersedeas of any order made by him or her.
         4. Upon receipt of such complaint, whether from the complainant directly or from the
 supervisor of alcohol and tobacco control, the court shall set a date for an early hearing
 thereon and it shall be the duty of the circuit clerk to cause to be delivered by registered
 United States mail to the prosecuting attorney of the county or to the circuit attorney of the
 City of St. Louis and to the licensee copies of the complaint and he or she shall, at the same
 time, give notice of the time and place of the hearing. Such notice shall be delivered to the
 prosecuting attorney or to the circuit attorney and to the licensee at least fifteen days prior to
 the date of the hearing.
         5. The complaint shall be heard by the court without a jury and if there has been a
 prior hearing thereon by the supervisor of alcohol and tobacco control then the case shall be
 heard de novo and both the complainants and the licensee may produce new and additional
 evidence material to the issues.
         6. If the court shall find upon the hearing that the offense or offenses charged in the
 complaint have been established by the evidence, the court shall order the suspension or
 revocation of the license but, in so doing, shall take into consideration whatever order, if any,
 may have been made in the premises by the supervisor of alcohol and tobacco control. If the
 court finds that to revoke the license would be unduly severe, then the court may suspend the
 license for such period of time as the court deems proper.
         7. The judgment of the court in no event shall be superseded or stayed during
 pendency of any appeal therefrom.
         8. It shall be the duty of the prosecuting attorney or circuit attorney to prosecute
 diligently and without delay any such complaints coming to him or her by virtue of this
 section.
         9. The jurisdiction herein conferred upon the circuit courts to hear and determine
 complaints for the suspension or revocation of licenses in the manner provided in this section
 shall not be exclusive and any authority conferred upon the supervisor of alcohol and tobacco
 control to revoke or suspend licenses shall remain in full force and effect, and the suspension
 or revocation of a license as provided in this section shall be in addition to and not in lieu of
 any other revocation or suspension provided by this chapter.
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        10. Costs accruing because of such hearings in the circuit court shall be taxed in the
same manner as criminal costs.
            311.720. Conviction in any court of any violation of this chapter, or any felony
violation of chapter 195 or chapter 572, in the course of business, shall have the effect of
automatically revoking the license of the person convicted, and such revocation shall continue
operative until said case is finally disposed of, and if the defendant is finally acquitted, he
may apply for and receive a license hereunder, upon paying the regular license charge
therefor, in the same manner as though he had never had a license hereunder; provided,
however, that the provisions of this section shall not apply to violations of section 311.070,
and violations of said section shall be punished only as therein provided.
            313.004. 1. There is hereby created the "Missouri Gaming Commission" consisting
of five members appointed by the governor, with the advice and consent of the senate. Each
member of the Missouri gaming commission shall be a resident of this state. No member
shall have pled guilty to or shall have been convicted of a felony or gambling-related offense.
Not more than three members shall be affiliated with the same political party. No member of
the commission shall be an elected official. The overall membership of the commission shall
reflect experience in law enforcement, civil and criminal investigation and financial
principles.
        2. The initial members of the commission shall be appointed within thirty days of
April 29, 1993. Of the members first appointed, one shall be appointed for a one-year term,
two shall be appointed for a two-year term and two shall be appointed for a three-year term.
Thereafter, all members appointed shall serve for a three-year term. No person shall serve as
a member more than six years. The governor shall designate one of the members as the chair.
The governor may remove any member of the commission from office for malfeasance or
neglect of duty in office. The governor may also replace any member of the commission,
with the advice and consent of the senate, when any responsibility concerning the state
lottery, pari-mutuel wagering or any other form of gaming is placed under the jurisdiction of
the commission.
        3. The commission shall meet at least quarterly in accordance with its rules. In
addition, special meetings may be called by the chair or any two members of the commission
upon twenty-four-hour written notice to each member. No action of the commission shall be
binding unless taken at a meeting at which at least three of the five members are present and
shall vote in favor thereof.
        4. The commission shall perform all duties and have all the powers and
responsibilities conferred and imposed upon it relating to excursion gambling boats and,
after June 30, 1994, the lawful operation of the game of bingo under this chapter. Within the
commission, there shall be established a division of gambling and after June 30, 1994, the
HB 1251                                             7

 division of bingo. Subject to appropriations, the commission may hire an executive director
 and any employees as it may deem necessary to carry out the commission's duties. The
 commission shall have authority to require investigations of any employee or applicant for
 employment as deemed necessary and use such information or any other information in the
 determination of employment. The commission shall promulgate rules and regulations
 establishing a code of ethics for its employees which shall include, but not be limited to,
 restrictions on which employees shall be prohibited from participating in or wagering on any
 game or gaming operation subject to the jurisdiction of the commission. The commission
 shall determine if any other employees of the commission or any licensee of the commission
 shall participate or wager in any operation under the jurisdiction of the commission.
          5. On April 29, 1993, all the authority, powers, duties, functions, records, personnel,
 property, matters pending and all other pertinent vestiges of the state tourism commission
 relating to the regulation of excursion gambling boats and, after Ju