260.379. Permit not to be issued, when--notice to department of certain crimes, penalty for failure to notify--reinstatement, when.

MISSOURI STATUTES AND CODES

260.379. Permit not to be issued, when--notice to department of certain crimes, penalty for failure to notify--reinstatement, when.

Permit not to be issued, when--notice to department of certaincrimes, penalty for failure to notify--reinstatement, when.

260.379. 1. The department of natural resources shall notissue a permit to any person for the operation of any facilityor issue any license to any person under the authority ofsections 260.350 to 260.434, if such person has had three ormore convictions, which convictions occurred after July 9, 1990,and within any five-year period within the courts of the UnitedStates or of any state except Missouri or had two or moreconvictions within a Missouri court after July 9, 1990, andwithin any five-year period, for any crimes or criminal acts, anelement of which involves restraint of trade, price-fixing,intimidation of the customers of any person or for engaging inany other acts which may have the effect of restraining orlimiting competition concerning activities regulated under thischapter or similar laws of other states or the federalgovernment; except that convictions for violations by entitiespurchased or acquired by an applicant or permittee whichoccurred prior to the purchase or acquisition shall not beincluded. For the purpose of this section, the term "person"shall include any business organization or entity, successorcorporation, partnership or subsidiary of any businessorganization or entity, and the owners and officers thereof, orthe entity submitting the application.

2. The director shall suspend, revoke or not renew thepermit or license of any person issued pursuant to sections260.350 to 260.434, if such person has had two or moreconvictions in any court of the United States or of any stateother than Missouri or two or more convictions within a Missouricourt for crimes as specified herein if such conviction occurredafter July 9, 1990, and within any five-year period.

3. Any person applying for a permit or license undersections 260.350 to 260.434 shall notify the director of anyconviction for any act which would have the effect of limitingcompetition. Any person with a permit or license shall notifythe department of any such conviction within thirty days of theconviction or plea. Failure to notify the director is a class Dfelony and subject to a fine of one thousand dollars per day foreach day unreported.

4. Provided that after a period of five years after apermit has been revoked under the provisions of this section,the person, firm or corporation affected may apply forrehabilitation and reinstatement to the director of thedepartment. The department shall promulgate the necessary rulesand regulations for rehabilitation and reinstatement. The timeperiod for same shall not exceed five years.