(DOWNLOAD) "State Missouri Ex Rel. Michael D. Garrett" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri Ex Rel. Michael D. Garrett
- Author : Supreme Court of Missouri En Banc
- Release Date : January 08, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This original proceeding in prohibition seeks to limit the actions of respondent Judge in his consideration of a petition for judicial review of a decision of the supervisor of liquor control denying renewal of a license for sale of liquor by the drink at retail. It involves the issue of whether in conducting that review respondent lacks jurisdiction to hear and consider evidence other than the record certified to the circuit court by the supervisor in accordance with § 311.700(2). 1 We conclude that he does lack such jurisdiction and we make our rule in prohibition absolute. On June 25, 1974, the supervisor (then relator Garrett), without conducting an evidentiary hearing, notified applicant, Jasper's Italian Restaurant, Inc., by written communication that he would not renew its liquor license for sale of liquor by the drink for the year beginning July 1, 1974. The supervisor's decision recited that in reaching this Conclusion, he had considered the transcript of a case in the United States District Court for the Western District of Missouri wherein Jasper Mirabile (managing officer and sole stockholder of the corporation) had been charged and convicted in April 1974 of using the mails to defraud the state of Missouri of sales tax. The supervisor's ruling discussed the evidence in that case, including that of Mirabile himself, and stated that the transcript disclosed that beginning in the mid-1950s, not only did Mirabile know that accountants employed to file the company's tax returns were underreporting restaurant sales, but during much of that time Mirabile actually furnished the accountants with the erroneous figures which they were to report. Such figures generally represented only one-third to one-half of actual sales of the restaurant but in some periods were even less than one-- third of sales. The supervisor pointed out in his ruling that the transcript disclosed that Mirabile admitted that he knew he was cheating the state of Missouri by withholding thousands of dollars due and that he continued even after the accountants told him on several occasions that he should discontinue the practice. The letter to applicant then pointed out that § 311.060 provides that no corporation shall be qualified for a liquor license unless its managing officer and officers, directors and stockholders holding 10 per cent or more of the stock of the corporation be persons of good moral character. On the basis of the evidence disclosed by the transcript in the federal prosecution, the supervisor concluded that Jasper Mirabile had failed to maintain the good moral character required by § 311.060 and that for this reason the license should be refused.