Introduced by _________________________ First Reading ____________________ Ordinance No. ___________________ Second Reading ____________________ Council Bill No.

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AN ORDINANCE amending Chapter 4 of the City Code to add a new Article V pertaining to server certificates; and fixing the time when this ordinance shall become effective. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS: SECTION 1. A new Article V of Chapter 4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby enacted as follows: ARTICLE V. SERVER CERTIFICATE Sec. 4-101. Definitions. The following definitions apply to this article: Department means the department of public health and human services. Director means the director of public health and human services or the directors designee. Permit means to give permission to; or to allow by silent consent, by not prohibiting, or by failing to exercise control. Server means any person directly engaged in the retail sale, service, delivery or dispensing of alcoholic beverages, including taking orders for, accepting payment for, mixing, serving or assisting in mixing or serving any alcoholic beverage. Sec. 4-102. Server certificate required. (a) It shall be unlawful for any person to work as a server without a valid server certificate issued to that person by the director. (b) It shall be unlawful for any person holding a license under this chapter to permit any person to work as a server unless the server has deposited with the license holder a valid server certificate issued to the server by the director.

(c) Each person holding a server certificate who is employed by a person licensed under this chapter shall deposit the certificate with such employer during the tenure of the holders employment. The director shall issue duplicate certificates to persons employed by more than one employer licensed under this chapter. (d) It shall be an affirmative defense to a charge of violating this section that the person working as a server, at the time of the alleged offense, had been employed at the place of business for less than thirty (30) days. Sec. 4-103. Qualifications. A holder of a server certificates must be at least eighteen (18) years of age. Sec. 4-104. Server certificate; how obtained. (a) A person desiring to be employed as a server shall submit a written application for a server certificate to the department on forms provided by the department. The application shall be submitted by the applicant in person so that the applicant may be photographed. There shall be a fee of five dollars ($5.00) for each new or renewed server certificate and a fee of five dollars ($5.00) for each duplicate server certificate. This fee shall be waived if the server certificate is obtained in conjunction with a new or renewed food managers or food handlers certificate. (b) An applicant must successfully complete the State of Missouri Alcohol Responsibility Training (SMART) or some other training program approved by the director. (c) The server certificate shall be valid for three (3) years from the date of issuance and shall be in the form of a badge displaying the name and photograph of the certificate holder. Sec. 4-105. Suspension and revocation of server certificates. (a) The director may suspend or revoke the server certificate of any certificate holder who violates any of the laws pertaining to serving alcoholic beverages or who has made any false, misleading or fraudulent statement in the certificate application. (b) The director shall suspend or revoke the server certificate by sending notice of the suspension or revocation to the certificate holder by first class mail or by personal service on the certificate holder. Mailed notice shall be presumed received three (3) days after it is mailed. The notice shall contain: (1) (2) A statement of the grounds for the suspension or revocation. The effective date of the suspension or revocation, which shall be at least ten (10) days after the notice is received.

(3) (4)

In the case of a suspension, the length of the suspension. Instructions on how to appeal the suspension or revocation.

(c) The certificate holder may appeal the suspension or revocation by requesting a hearing before the liquor license review board. The appeal must be in writing, addressed to the director and received by the director within ten (10) days after the notice of suspension or revocation was received. Receipt of an appeal by the director shall not automatically stay enforcement of the suspension or revocation. (d) After receipt of an appeal, the director shall schedule a hearing before the liquor license review board. At least ten (10) days written notice of the hearing shall be given to the certificate holder. Notice shall be given in the same manner as the notices of suspension or revocation. (e) The liquor license review board shall conduct the hearing and enter a decision in accordance with the requirements of Chapter 536 RSMo. for contested cases. (f) The certificate holder may appeal an adverse decision of the liquor license review board to the circuit court of Boone County in accordance with Chapter 536 RSMo. Sec. 4-106. Additional unlawful acts. (a) It shall be unlawful for any person to use or possess any forged or false server certificate. (b) It shall be unlawful for any person to manufacture, forge, reproduce in any way or otherwise falsify a server certificate. (c) It shall be unlawful for any person to give, lend, sell or otherwise provide a false server certificate to any other person. (d) It shall be unlawful for any lawful holder of a server certificate to give, lend, sell or otherwise provide the server certificate to any other person. Sec. 4-107. When requirement to have server certificate takes effect. The requirement to have a server certificate shall take effect on _________, 2013. SECTION 2. This ordinance shall be in full force and effect from and after its passage. PASSED this _________ day of ______________________, 2013.

ATTEST:

______________________________ City Clerk APPROVED AS TO FORM:

______________________________ Mayor and Presiding Officer

______________________________ City Counselor