311.840. Action to forfeit seized liquor as contraband--notice--intervention--judgment--appeal--sale of forfeited liquor--liability of officers--prosecutor's duties.
Action to forfeit seized liquor ascontraband--notice--intervention--judgment--appeal--sale offorfeited liquor--liability of officers--prosecutor's duties.
311.840. 1. Whenever any intoxicating liquor or otherproperty having a value of more than fifty dollars is seized ascontraband under any section of the liquor control law, theofficer seizing such property, or the supervisor of liquorcontrol, if the seizure is made by one of his agents, shallcommence an action in the circuit court of the county in whichsuch property is seized by filing a petition in the office of theclerk of said court in the name of the state of Missouri asplaintiff against the person from whom the property was seized asdefendant, and there shall be a rebuttable presumption that saidproperty is the property of the defendant from whom it wasseized. Said petition shall describe the property seized and thecircumstances of the seizure and shall pray the court to make anorder, declaring said liquor or other property to be contrabandand directing said seizing officer or the supervisor of liquorcontrol, if the seizure was made by the supervisor or one of hisagents, to sell said property at public or private sale, subjectto the approval of the said circuit court. A summons shall beissued and process served on the defendant as in other civilsuits. The defendant shall file his answer within thirty daysafter service of process upon him, whether such service ispersonal service, service by mail, or service by publication.After defendant's time for filing answer has expired, the courtshall fix a day for hearing and said action shall be heard by thecourt without a jury and shall be conducted, except as otherwisein this chapter provided, as other cases under the code of civilprocedure of the state of Missouri.
2. However, in addition to any other process provided by thecivil code, the clerk of the circuit court shall cause to bepublished one time in some newspaper having a general circulationin the county where the action is pending, or if there be nonewspaper of general circulation in the county, then in somenewspaper of an adjoining county, a notice to all persons whom itmay concern that said petition has been filed in said court,briefly describing the property seized, the time andcircumstances of the seizure, the person from whom seized, andstating that any person claiming any interest in the propertymay, upon his own request, be made a party to the action andassert any claim he may have thereto within thirty days after thepublication of said notice.
3. Any person claiming any interest in said property mayintervene in said action within thirty days after the publicationof said notice, setting forth any claim he may have to saidproperty.
4. The court shall render such judgment as to it shall seemmeet and just, and if it shall appear that any person who hasmade claim to said property is the owner thereof and was ignorantof the illegal use thereof and such illegal use was without hisconnivance or consent, express or implied, or if the court shallfind that said property was not being illegally used at the timeof seizure, the court shall relieve said property from forfeitureand restore it to the rightful owner, or if it shall appear thatthe claimant is the holder of a bona fide lien against theproperty, and that he was ignorant of the illegal use thereof andthat such use was without his connivance or consent, express orimplied, the court shall, first, if the lien so established isequal to or more than the value of the property, order saidproperty to be delivered to the lienor. Or, if the property isvalued at more than the established lien and all costs ofproceedings and sale, an order shall be made for the sale of saidproperty by the seizing officer or by the supervisor of liquorcontrol, if the seizure was made by him or one of his agents, atpublic or private sale, subject to the approval of the court, andout of the proceeds of such sale shall be paid: Storage, if any,the lien, the cost of the proceedings, and the residue, if any,shall be paid into the general revenue fund of the state ofMissouri. If it shall be determined that no person, other thanthe defendant, has any interest in said property or that theperson or persons having any interest in said property knew of orconnived or gave consent, express or implied, to the illegal usethereof, and if it shall be found by the court that said propertywas, at the time it was seized, being illegally used and wascontraband, as declared by any section of the liquor control lawof the state of Missouri, the said property shall be declared tobe forfeited to the state of Missouri, and the court shall orderthe officer who seized said property or the supervisor of liquorcontrol, if the property was seized by one of his agents, to sellsaid property at public or private sale, subject to the approvalof the court, and out of the proceeds of said sale shall be paid:The cost of storage, if any, cost of the proceedings of the caseand the balance thereof shall be paid into the general revenuefund of the state of Missouri.
5. Appeals shall be allowed from the judgment of the circuitcourt as in other civil actions.
6. Whenever any liquor is sold under the provisions of thissection, the officer selling it shall procure the proper excisestamps from the director of revenue and attach them to thecontainer thereof, unless such liquor is already properlystamped, and he shall be reimbursed for the cost of said stampsout of the proceeds of the sale.
7. Under no circumstances shall the officer commencing saidaction on behalf of the state be liable for any costs or storage.
8. The supervisor of liquor control and his agents and anyother officer authorized to make seizures of contraband under theliquor control law are each hereby authorized and empowered tocall upon the prosecuting attorneys of the respective countiesand the circuit attorney of the city of St. Louis and theattorney general of the state of Missouri to represent them inany proceeding hereunder, and thereafter it shall be the duty ofsuch prosecuting or circuit attorney or the attorney general toproceed on behalf of the officer making such call according tothe provisions of this chapter.
(L. 1949 p. 320 § 4917, A.L. 1978 H.B. 1634)Effective 1-2-79