Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
[R.O. 2009 §9.16.010; Prior Code §9-301; Ord. No. 4377 §1, 1983; Ord. No. 4764 §1, 2-5-1990; Ord. No. 5437 §II, 1-2002]
When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet, and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least twenty-five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes, and which has annual gross receipts of at least
one hundred thousand dollars ($100,000.00) of which at least fifty
thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
CHIEF REVIEW OFFICER
Means the first of two (2) City employees appointed by the
City Manager to serve on the Liquor License Review Board.
[Ord. No. 5959 §2, 7-7-2014]
CITY MANAGER
Means the current City Manager of the City of Sikeston, Missouri,
or his/her designee.
[Ord. No. 5959 §2, 7-7-2014]
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
CONSANGUINITY
A close relation or connection, to include spouse, child,
parent, sibling, aunt, uncle or grandparent of the holder or as related
to one of the above of the holder.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (>0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (<0.5%) by volume
shall be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor.
"Original package" shall also be construed
and held to refer to any package containing three (3) or more standard
bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
RESTAURANT BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[R.O. 2009 §9.16.060; Ord. No. 5437 §II, 1-2002]
A separate license shall be required for each place of business
and the license fees shall be paid annually. All fees will be calculated
at one and one-half (1½) times the fee charged by the State
of Missouri.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
[R.O. 2009 §9.16.295; Ord. No. 5015 §2, 8-1-1994; Ord.
No. 5437 §II, 1-2002]
Except where authorized by appropriate City license, no person
shall be in possession of any glass, can, bottle or other open container
containing intoxicating liquor in or upon the streets, alleys, sidewalks
or public parking areas, nor shall any person consume intoxicating
liquor, as defined in this Chapter, in or upon the streets, alleys,
sidewalks or public parking areas within the City limits of the City
of Sikeston, Missouri.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
[Ord. No. 5959 §3, 7-7-2014]
A three-member Liquor License Review Board is hereby established
consisting of the Chief Review Officer appointed by the City Manager,
another City employee appointed by the City Manager and a member appointed
by the City Council to serve a three-year term. The City Manager’s
appointees shall be current City employees and shall serve at the
pleasure of the City Manager.
[R.O. 2009 §9.16.110; Ord. No. 4764, 2-5-1990; Ord. No.
5437 §II, 1-2002]
A. Suspension Or Revocation Of License—When—Manner.[Ord. No. 5959 §4, 7-7-2014]
1. Suspension or revocation. The City Manager may suspend
or revoke the license of any licensee under this Chapter who has failed
to meet the standards of conducting business set forth in this Chapter
or who has made any false, misleading or fraudulent statement in the
license application.
2. Notice of suspension or revocation. The City Manager
shall suspend or revoke a license issued under this Chapter by sending
notice of the suspension or revocation to the licensee by first class
mail or by personal service on the licensee or the person in charge
at the licensed premises. Mailed notice shall be presumed received
three (3) days after it is mailed. The notice shall contain:
a. A statement of the grounds for the suspension or revocation.
b. The effective date of the suspension or revocation, which shall be
at least ten (10) days after the notice is received.
c. In the case of a suspension, the length of the suspension.
d. Instructions on how to appeal the suspension or revocation.
3. Appeal to Liquor License Review Board. The licensee
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 Chief Review Officer and received by the Chief Review Officer
within ten (10) days after the notice of suspension or revocation
was received. Receipt of an appeal by the Chief Review Officer shall
automatically stay enforcement of the suspension or revocation until
after the hearing.
B. Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1. Violating any of the provisions of either this Chapter, Chapter 311,
RSMo., or any ordinance of the City;
2. Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control;
3. Making a false affidavit in an application for a license under this
Chapter;
4. Failing to keep an orderly place or house;
5. 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
the license;
6. Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7. Selling, giving, or otherwise supplying intoxicating liquor to:
a. Any person under the age of twenty-one (21) years,
b. Any person during unauthorized hours on the licensed premises,
c. A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d. Any person on the licensed premises during a term of suspension as
ordered by the City Council.
8. Maintaining a public nuisance.
C. Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if
the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D. Effect Of Suspension. No person whose license shall have
been suspended by order of the City Manager shall sell or give away
any intoxicating liquor during the time such suspension is in effect.
Any licensee desiring to keep premises open for the sale of food or
merchandise during the period of suspension shall display the City
Manager’s order of suspension in a conspicuous place on the
premises so that all persons visiting the premises may readily see
the same.
[Ord. No. 5959 §5, 7-7-2014]
E. A license
under consideration for revocation or suspension may not be transferred,
nor maintained by any consanguinity, under the control of original
license holder.
[R.O. 2009 §9.16.220; Ord. No. 5437 §II, 1-2002]
Any premises operated in violation of the provisions of this
Article, or where intoxicating liquor is consumed in violation of
this Article, is declared to be a public and common nuisance and it
shall be the duty of the City Counselor to enjoin such nuisance.