Editor's Note: Former Ch. 600, Alcoholic Beverages, was repealed
by Ord. No. 2789. Prior history includes R.O. 1997, Ord. No. 52, Ord.
No. 68, Ord. No. 231, Ord. No. 999, Ord. No. 1018, Ord. No. 1246,
Ord. No. 1573, Ord. No. 1645, Ord. No. 1920, and Ord. No. 2201.
[Ord. No. 2789, 4-10-2023]
As used in this Chapter, the following words and phrases shall
have the respective meanings ascribed to them:
Alcohol for beverage purposes, including intoxicating liquor
and malt liquor.
A type of malt liquor containing ingredients in compliance
with the following standards:
Beer shall be brewed from malt or a malt substitute, which only
includes rice, grain of any kind, bean, glucose, sugar, and molasses.
Honey, fruit, fruit juices, fruit concentrate, herbs, spices, and
other food materials may be used as adjuncts in fermenting beer; and
Flavor and other non-beverage ingredients containing alcohol
may be used in producing beer, but may contribute to no more than
forty-nine percent (49%) of the overall alcohol content of the finished
beer. In the case of beer with an alcohol content of more than six
percent (6%) by volume, no more than one and one-half percent (1.5%)
of the volume of the beer may consist of alcohol derived from added
flavors and other non-beverage ingredients containing alcohol.
The City of Wildwood, Missouri.
The City Administrator of the City or his or her designee.
The City Clerk of the City or his or her designee.
A place where all doors are locked and where no patrons are
in the place or about the premises.
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
The Code of Ordinances of the City of Wildwood, as amended.
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor; where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas, or otherwise; and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
A person who sells or dispenses drugs and medicines as a
pharmacist; one who owns or manages a drugstore.
A retail store where drugs and medicines are sold.
All interest, legal or beneficial, direct or indirect, in
the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or in consideration of interest
in, or for use of, the capital devoted to the enterprise, or for property
or money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
Any organization within this State operating under the lodge
system which exists for the common benefit, brotherhood or other interest
of its members except college fraternities and sororities and of which
no part of the net earnings inures to the benefit of any private shareholder
or any individual member of such organization and which has been exempted
from the payment of Federal income tax as provided in Section 501(c)(5),
501(c)(8), or 501(c)(10) Internal Revenue Code of 1954, as amended.
Honesty, fairness, and respect for the rights of others and
for the laws of the State and nation. The following factors shall
be considered when making a determination of whether an applicant
or licensee under this Chapter has "good moral character":
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1.
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The nature and character of the business for which the license
is sought;
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2.
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The manner in which the person has conducted his or her or its
business; and
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3.
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The manner in which the person has observed or violated the
law.
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If a person has been convicted of violating a crime of this
State or Country, or of any crime of any other State or Country that
would have been a crime under the laws of the State of Missouri, or
an offense of this City, the City Clerk shall also weigh the following
factors in determining if the person has "good moral character":
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1.
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The type of crime(s) or offense(s) for which a person has been
convicted;
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2.
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The circumstances surrounding the crime(s) or offense(s) for
which a person has been convicted;
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3.
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The proximity in time of the conviction(s) to the application
for a license;
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4.
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The conduct of the person since the date of conviction; and
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5.
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Whether the crime the person is convicted of is reasonably related
to the competency of the person to exercise the licensed business.
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Notwithstanding the foregoing, a conviction cannot be the sole
grounds on which a person is determined to lack "good moral character."
If a person is pardoned from a conviction, the underlying guilt for
the crime or offense may still be evidence of such person's "good
moral character."
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When an individual is under the influence of alcoholic beverages,
a controlled substance, or drug, or any combination thereof.
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.
The place where intoxicating liquor is sold and it may be
one (1) room, a building comprising several rooms, or a building with
adjacent or surrounding land such as a lot or garden.
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.
The year for which a liquor license required by this Chapter
is issued, beginning on the first day of July or the date of issuance,
whichever is later, and ending on the 30th day of June.
Any beverage manufactured from pure hops or barley malt or
wholesome grains or cereals and wholesome yeast and pure water, containing
alcohol in excess of three and two-tenths percent (3.2%) by weight
and not in excess of five percent (5%) by weight.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
Any package containing one (1) or more standard bottles,
cans, or pouches of malt liquor, fifty (50) milliliters (1.7 ounces)
or more of spirituous liquors and one hundred (100) milliliters (3.4
ounces) or more of vinous liquors in the manufacturer's original
container. A standard bottle or can is a bottle or can containing
twelve (12) ounces or less of malt liquor.
Shall include a natural person and shall extend and be applied
to bodies politic and corporate, and to other similar entities, partnerships,
and unincorporated associations. It shall also include an executor,
administrator, trustee, receiver or other representative appointed
according to law. Whenever the word "person" is used in this Chapter
as to partnerships or associations, the word shall include the partners
or members thereof, and as to corporations, shall include the officers,
agents or members thereof who are responsible for any violation of
such Section.
A corporation incorporated under the laws of the State of
Missouri, all the officers and directors of which, and all the stockholders,
who legally and beneficially own or control sixty percent (60%) or
more of the stock in amount and in voting rights, shall be qualified
legal voters and taxpaying citizens of the County and municipality
in which they reside and who shall have been bona fide residents of
the State of Missouri for a period of three (3) years continuously
immediately prior to the date of the filing of an application for
a license, provided that a stockholder need not be a voter or a taxpayer,
and all the resident stockholders of which shall own, legally and
beneficially, at least sixty percent (60%) of all the financial interest
in the business to be licensed under this law; provided, that no corporation,
licensed under the provisions of this law on January 1, 1947, nor
any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code, shall be disqualified by reason of the new requirements herein,
except corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight, or owned
or controlled, directly or indirectly, by non-resident persons, partnerships
or corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight.
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.
A person holding a license to sell or to offer to sell intoxicating
liquor to consumers only.
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 issued under this Chapter
and, when so sold, the container shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
An actual and immediate exchange of monetary consideration
for the immediate delivery of goods at the tasting site.
Any person selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds, to, by or
through a duly licensed wholesaler within the City.
An establishment engaged primarily in the sale of light wines
and having sales of intoxicating liquor other than light wine that
do not exceed five percent (5%) of the gross annual sales generated
at that location and additionally constitute no more than five percent
(5%) of its gross retail floor area for the display and sale of same.
Includes brandy, rum, whiskey, gin and all other preparations
or mixtures for beverage purposes of like character and excludes all
vinous, fermented or malt liquors.
A lid, cap, or seal visibly demonstrates when a bag or container
has been opened.
A person holding a license to sell intoxicating liquor to
wholesalers or to retailers.
A vinous liquor produced by fermentation of juices of grapes,
berries or other fruits or a preparation of certain vegetables by
fermentation, and containing alcohol not in excess of twenty-two percent
(22%) by volume.
Any establishment at which wine is made.
[Ord. No. 2789, 4-10-2023]
[Ord. No. 2789, 4-10-2023]
No person shall manufacture, brew, sell, expose for sale or
distribute alcoholic beverages, in any quantity, within the City without
first having obtained the license(s) required pursuant to this Chapter
and Chapter 311, RSMo., as amended. A separate license shall be required
for each premises.
[Ord. No. 2789, 4-10-2023]
A.Â
License Classes And Charges. A business license, and a liquor license
issued pursuant to the provisions of this Chapter, are required for
each premises where a person is engaged in the manufacture, brewing,
sale or distribution of alcoholic beverages within the City, and the
following liquor license fees shall be paid to and collected by the
City annually:
1.Â
Manufacturers Of Intoxicating Liquor. For the privilege of manufacturing,
distilling, blending and brewing in this City intoxicating liquor
of all kinds and the privilege of selling to duly licensed wholesalers
and soliciting orders for the sale of intoxicating liquor of all kinds,
to, by or through a duly licensed wholesaler within this City, a license
fee in the sum of four hundred fifty dollars ($450.00) per year.
2.Â
Manufacturer Of Intoxicating Liquor Not In Excess Of Twenty-Two
Percent (22%) Of Alcohol By Weight. For the privilege of manufacturing
in the City intoxicating liquor containing not in excess of twenty-two
percent (22%) of alcohol by weight and the privilege of selling to
duly licensed wholesalers and soliciting orders for the sale of intoxicating
liquor containing not in excess of twenty-two percent (22%) of alcohol
by weight, to, by or through a duly licensed wholesaler within the
City, a license fee in the sum of three hundred dollars ($300.00)
per year.
3.Â
Manufacturer Of Wine Or Brandy. For the privilege of manufacturing wine or brandy, which manufacturing shall be in accordance with all provisions of Federal law applicable thereto except as may otherwise be specified under this Subparagraph (3) of Subsection (A) of this Section 600.040, in quantities not to exceed five hundred thousand (500,000) gallons, not in excess of eighteen percent (18%) of alcohol by weight for wine, or not in excess of thirty-four percent (34%) of alcohol by weight for brandy, from grapes, berries, other fruits, fruit products, honey, and vegetables produced or grown in the State of Missouri (Missouri-produced), exclusive of sugar, water and spirits, there shall be paid to and collected by the City, in lieu of the fee provided in Subsection (A)(1) of this Section 600.040, a license fee in the sum of five dollars ($5.00) for each five hundred (500) gallons or fraction thereof of wine or brandy produced up to a maximum license fee in the sum of three hundred dollars ($300.00) per year.
a.Â
Notwithstanding the provisions of Subparagraph (3) of Subsection (A) of this Section 600.040, a manufacturer licensed under Section 600.040(A)(3) of this Chapter may use in any calendar year such wine- and brandy-making material produced or grown outside the State of Missouri in a quantity not exceeding fifteen percent (15%) of the manufacturer's wine or brandy entered into fermentation in the prior calendar year, except as provided by Section 311.190.3, RSMo., as amended.
b.Â
A manufacturer licensed under Section 600.040(A)(3) of this Chapter may purchase and sell bulk or packaged wines or brandies received from other manufacturers licensed under this Section 600.040(A)(3) and may also purchase in bulk, bottle and sell to duly licensed wineries, wholesalers and retail dealers on any day except Sunday, and a manufacturer licensed under this Section 600.040(A)(3) may offer samples of wine, may sell wine and brandy in its original package directly to consumers at the winery, and may open wine so purchased by customers so that it may be consumed on the winery premises on Monday through Saturday between 6:00 A.M. and Midnight and on Sunday between 6:00 A.M. and 1:30 A.M. on Mondays.
4.Â
Wine Manufacturer Sale By The Drink. For the purpose of the promotion of tourism, a wine manufacturer, its employees, officers or agents located within this City may apply for and the City may issue a license to sell intoxicating liquor by the drink at retail for consumption on the premises where sold, if the premises so licensed is in close proximity to the winery. Such premises shall be closed during the hours specified under Section 600.130 of this Chapter and may remain open between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays. A licensee licensed under this Subsection shall pay to the City a licensee fee in the sum of three hundred dollars ($300.00) per year payable at the same time and in the same manner as other license fees. This license fee is in addition to all other fees required pursuant to this Chapter.
5.Â
Sale Of Missouri Produced Wine By The Drink. For the purpose
of the promotion of tourism, a person may apply for a license to sell
intoxicating liquor by the drink at retail for consumption on the
premises where sold, but seventy-five percent (75%) or more of the
intoxicating liquor sold by such person shall be Missouri-produced
wines received from manufacturers licensed under Section 311.190,
RSMo., as amended. Such premises may remain open between the hours
of 6:00 A.M. and Midnight, Monday through Saturday, and between the
hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays. A licensee
licensed under this Subsection shall pay to the City a license fee
in the sum of three hundred dollars ($300.00) per year.
6.Â
Microbrewery. For the privilege of manufacturing beer and malt
liquor in quantities not to exceed ten thousand (10,000) barrels per
annum, a licensee shall pay to the City a licensee fee in the sum
of three hundred dollars ($300.00) per year. Notwithstanding any other
provision of this Chapter to the contrary, the holder of a microbrewer's
license may apply for, and the City Clerk may issue, a license to
sell beer and malt liquor by the drink at retail for consumption on
the premises. The holder of a microbrewer's license may also
sell beer and malt liquor produced on the brewery premises to duly
licensed wholesalers.
7.Â
Solicitors And Wholesalers Of Intoxicating Liquor. For the privilege
of selling intoxicating liquor of all kinds by a wholesaler to a person
duly licensed to sell such intoxicating liquor of all kinds at retail
and the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds, to, by or
through a duly licensed wholesaler within this City, a license fee
in the sum of one hundred dollars ($100.00) per year.
8.Â
Retail Sales Of Intoxicating Liquor — By the Drink. For
the sale of all kinds of intoxicating liquor, at retail by the drink
for consumption on the premises of the licensee, including the sale
of intoxicating liquor in the original package, a license fee in the
sum of three hundred dollars ($300.00) per year.
9.Â
Retail Sales Of Intoxicating Liquor — Original Package.
For the sale of all kinds of intoxicating liquor at retail in the
original package, not to be consumed upon the premises where sold,
sold in connection with and by a person engaged in the operation of
one (1) or more of the following businesses: a drugstore, a cigar
and tobacco store, a grocery store, a general merchandise store, a
confectionery or delicatessen store, a specialty wine store, and having
and keeping in his or her store a stock of goods having a value according
to invoices of at least one thousand dollars ($1,000.00), exclusive
of fixtures and intoxicating liquors, a license fee in the sum of
one hundred fifty dollars ($150.00) per year. Under such license,
no intoxicating liquor shall be consumed on the premises where sold
nor shall any original package be opened on the premises of the vendor
except as otherwise provided in this Chapter. A license under this
Subsection shall not be granted or issued to any person if the gross
sales of said intoxicating liquor shall exceed fifty percent (50%)
of the gross sales generated by said person at the licensed location;
provided, however, that this limitation shall not apply to the licensing
and operation of a specialty wine store.
10.Â
Malt Liquor And Light Wines By The Drink. For the sale of malt
liquor and light wines at retail by drink for consumption on the premises
where sold, a license fee in the sum of fifty dollars ($50.00) per
year. Notwithstanding any other provision of this Chapter to the contrary,
any person licensed pursuant to this Subsection may also sell malt
liquor and light wines at retail between the hours of 6:00 A.M. on
Sundays and 1:30 A.M. on Mondays.
11.Â
Common Eating And Drinking Places. For the sale of intoxicating
liquor by the drink at retail not for consumption on the premises
where sold but for consumption in a common eating and drinking area,
as described in the application for such license, a license fee in
the sum of three hundred dollars ($300.00) per year.
12.Â
Sunday Sales - General. Any person who possesses the qualifications
and meets the requirements of this Chapter, who is licensed to sell
either intoxicating liquor at retail by the drink for consumption
on the premises of the licensee, including the sale of intoxicating
liquor in the original package, or for the sale of intoxicating liquor
at retail in the original package not to be consumed on the premises
where sold, may apply for a special license to sell either intoxicating
liquor at retail by the drink for consumption on the premises of the
licensee, including the sale of intoxicating liquor in the original
package, or for the sale of intoxicating liquor in the original package
not to be consumed on the premises where sold, between the hours of
6:00 A.M. on Sundays and 1:30 A.M. on Mondays. A licensee licensed
under this Subsection shall pay to the City a license fee in the sum
of two hundred dollars ($200.00) per year payable at the same time
and in the same manner as other license fees. This license fee is
in addition to all other fees required pursuant to this Chapter.
13.Â
Sunday Sales - Common Eating And Drinking Places. Any person
who possesses the qualifications required by this Chapter, and who
now or hereafter meets the requirements of and complies with the provisions
of this Chapter, may apply for a license to sell intoxicating liquor
by the drink at retail not for consumption on the premises where sold
but for consumption in a common eating and drinking area, as described
in the application for such license, between the hours of 6:00 A.M.
on Sundays and 1:30 A.M. on Mondays. A licensee licensed under this
Subsection shall pay to the City a license fee in the sum of two hundred
dollars ($200.00) per year payable at the same time and in the same
manner as other license fees. This license fee is in addition to all
other fees required pursuant to this Chapter.
14.Â
Temporary Permit. For any temporary permit issued pursuant to the provisions and requirements of Section 600.050 of this Chapter, a permit fee in the sum of twenty-five dollars ($25.00).
15.Â
Wine And Malt Liquor Tasting. Notwithstanding any other provisions
of this Chapter to the contrary, any person possessing the qualifications
and meeting the requirements of this Chapter, who is licensed to sell
intoxicating liquor in the original package at retail, may apply to
the City for a special license to conduct wine, malt beverage and
distilled spirit tastings on the licensed premises. A licensee licensed
under this Subsection shall pay to the City a license fee in the sum
of twenty-five dollars ($25.00) per year at the same time and manner
as other license fees. This license fee is in addition to all other
fees required pursuant to this Chapter. Nothing in this Subsection
shall be construed to permit the licensee to sell wine, malt beverages
or distilled spirits for on-premises consumption.
B.Â
Fees Taken In Lieu Of Proportionate Part Of Merchant's Tax And
Ad Valorem Tax. The fees to be charged under the provisions of this
Chapter shall be taken in lieu of the portion of any merchant's
license fee representing the square footage reported by the merchant
in the merchant's license verification that is used solely for
the purposes for which the liquor license herein was obtained, provided
that no such offset or credit shall be required or provided except
where necessary to comply with State law. If the merchant's tax
shall be assessed by means other than square footage, the proportionate
credit referred to herein shall be calculated on such other means
of assessment.
[Ord. No. 2789, 4-10-2023]
A.Â
Not-For-Profit Picnic Permit. In addition to the annual licenses
herein provided, a temporary permit for the sale of all kinds of intoxicating
liquor, including intoxicating liquor in the original package and
at retail by the drink for consumption on the premises of the licensee,
may be issued to any church, school, civic, service, fraternal, veteran,
political or charitable club or organization for the sale of such
intoxicating liquor at a picnic, bazaar, fair or similar gathering.
The temporary permit shall be issued only for the day or days named
therein and it shall not authorize the sale of intoxicating liquor
for more than seven (7) days by any such club or organization. Such
a temporary permit shall only be given for events occurring on consecutive
days.
1.Â
To secure a temporary permit for the sale of intoxicating liquor under Subsection (A) of this Section, the applicant shall complete and submit an application for a temporary permit to the City Clerk on a form provided by the City Clerk and shall pay a fee for such temporary permit. The fee to be paid for each temporary permit under Subsection (A) of this Section shall be as set forth in Section 600.040(A)(14) of this Chapter. Completed applications for a temporary permit issued pursuant to Subsection (A) of this Section must be submitted to the City Clerk at least five (5) business days in advance of the particular picnic, bazaar, fair or similar gathering for which the temporary permit is being requested.
2.Â
If the event will be held on a Sunday, the temporary permit issued pursuant to Subsection (A) of this Section shall authorize the sale of intoxicating liquor on that day beginning at 6:00 A.M. and ending at 1:30 A.M. Monday.
3.Â
At the same time that an applicant applies for a temporary permit under the provisions of Subsection (A) of this Section, the applicant shall notify the Director of Revenue of the holding of the event and by such notification, by certified mail, shall accept responsibility for the collection and payment of any applicable sales tax. Any sales tax due shall be paid to the Director of Revenue within fifteen (15) days after the close of the event, and failure to do so shall result in a liability of triple the amount of the tax due plus payment of the tax, and denial of any other permit for a period of three (3) years. Under no circumstances shall a bond be required from the applicant.
4.Â
No more than seven (7) temporary permits shall be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization under Subsection (A) of this Section during any fiscal year.
5.Â
Nothing in this Chapter shall be interpreted as preventing any
wholesaler or distributor from providing customary storage, cooling
or dispensing equipment for use by the permitee at such picnic, bazaar,
fair or similar gathering.
B.Â
Special Event (Off-Premises) Permit. Notwithstanding any other provision of this Chapter to the contrary, the City Clerk may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of Chapter 311, RSMo., as amended, who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption on the premises in which such function, occasion or event is held. Such a temporary permit shall be issued for a period not to exceed one hundred sixty-eight (168) consecutive hours and may not be renewed. All provisions of the City's ordinances, rules and regulations shall extend to such premises and shall be in force and enforceable during all the time the permittee, its agents, servants, employees or stock are in such premises. The fee to be paid for each temporary permit issued pursuant to the provisions of this Subsection (B) shall be as set forth in Section 600.040(A)(14) of this Chapter. This temporary permit shall allow the sale of intoxicating liquor in the original package.
1.Â
Completed applications for a temporary permit issued pursuant to Subsection (B) of this Section must be submitted to the City Clerk at least five (5) business days in advance of the particular function, occasion or event for which the temporary permit is being requested.
2.Â
Notwithstanding any other provisions of this Chapter to the contrary, applications for the temporary permit authorized pursuant to Subsection (B) of this Section shall be completed and submitted to the City Clerk on a form prepared by the City Clerk, which form shall require the person requesting the temporary permit to provide the following information:
a.Â
The name and address of the applicant if a person, or if a partnership
or association the name and address of each member or partner, or,
if the applicant is a corporation the names and addresses of all its
officers and members of its Board of Directors;
b.Â
Copies of each valid license to sell intoxicating liquor issued
to the applicant pursuant to Chapter 311, RSMo., as amended;
c.Â
Copies of each valid local license, except temporary or special
permit or licenses, to sell intoxicating liquor issued by any City
or County of this State;
d.Â
Written permission from the property owner to hold the particular
function, occasion or event on such property;
e.Â
Address and description of the premises at which the particular
function, occasion or event will be held;
f.Â
The date or dates said function, occasion or event will be held;
and
g.Â
Any and all other information deemed necessary by the City Clerk.
[Ord. No. 2789, 4-10-2023]
A.Â
Any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide and pour distilled spirits, wine, or malt beverage
samples off a licensed retail premises for tasting purposes, provided
no sales transactions take place.
B.Â
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Subsections (A) and (B) of Section 600.050 of this Chapter.
C.Â
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine, or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section 600.040(A)(15) of this Chapter or hold a license to sell intoxicating liquor at retail by the drink for consumption on the premises where sold. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-premises product tasting.
D.Â
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer, or
brewer or by a sampling service retained by the retailer, winery,
distiller, manufacturer, or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control of the State of Missouri.
E.Â
Any distilled spirits, wine, or malt beverage sample provided by
the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
[Ord. No. 2789, 4-10-2023]
A.Â
No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and taxpaying citizen of a County, Town, City or Village where he or she resides. No partnership or corporation shall be granted a license under this Chapter unless the managing partner or officer of such partnership or corporation is of good moral character and a qualified legal voter of the County, Town, City or Village where he or she resides. No person shall be granted a license under this Chapter whose license has previously been revoked or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or whose employees have had a license under this Chapter revoked or have been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked unless five (5) years have passed since the revocation as provided under Section 311.060.6, RSMo., as amended, or who has been convicted of violating such law since the date aforesaid; provided, that nothing contained in this Section 600.070 shall prevent the issuance of licenses to nonresidents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler, within this City.
B.Â
No person, partnership or corporation shall be qualified for a license under this Chapter 600 if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law except as otherwise provided under Subsections 6 and 7 of Section 311.060, RSMo., as amended, or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.
C.Â
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor.
D.Â
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation.
[Ord. No. 2789, 4-10-2023]
A.Â
Prerequisite To Grant Of License. No license required by this Chapter
shall be granted by the City Clerk unless the application submitted
to the City Clerk meets all of the requirements set forth in this
Chapter, as determined by the City Clerk and is accompanied by the
applicable license fee. No license issued pursuant to this Section
shall be valid except upon furnishing proof of a similar valid license
issued by the State.
B.Â
Form And Contents.
1.Â
All applications for licenses required by this Chapter shall
be made, in writing, to the City and shall set forth the following
information:
a.Â
Designation of the type of license applied for;
b.Â
Description of the premises and the location or address thereof;
c.Â
Name, place of residence and mailing address of each person,
individual, association, partnership, including the names of all the
partners, or corporation, including the name of the managing officer
thereof, for whom the license is sought;
d.Â
Criminal records check for each applicant listed on the application,
and all convictions of any law applicable to the manufacture or sale
of intoxicating liquor, if any, except that a criminal records check
will not be required for the renewal of any license issued pursuant
to this Chapter;
e.Â
The date(s) of revocation and location(s) for any and all liquor
licenses and permits issued to the applicant(s) which have been revoked
by the City, any City or County, or the State;
f.Â
Signature of applicant(s).
2.Â
The applicant shall present with the application a bona fide
sale contract or option duly executed, which may be subject to the
applicant obtaining a liquor license, or a bona fide lease duly executed
by the lessor, or an option for a lease duly executed, subject to
the applicant obtaining a liquor license, covering the property for
which a liquor license is requested.
3.Â
If the applicant is a corporation, the applicant shall set forth all of the information prescribed in Subdivisions (c), (d), and (e) of Section 600.080(B)(1) hereof with respect to the managing officer or officers, identifying such officer or officers, on said application. If the applicant is a corporation, the applicant shall further state, on the application, the full name of the corporation, its date of incorporation, its registered agent and registered address, the names and addresses of all shareholders of the corporation, and whether said corporation operates any other business or controls or is controlled by any other corporation or business, and if so, the applicant shall further state the name of such controlled or controlling corporation or business, its registered agent and registered address, and the location of all businesses operated by it and the name and address of any such businesses with a liquor license, whether within or without the City, on the application; and the applicant shall also state if such controlling corporation or any controlled corporation is doing business under a fictitious name, and the address where said business is located, on said application.
4.Â
In addition thereto, the City Clerk may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license to
an applicant.
5.Â
No license shall be granted hereunder unless the applicant renders
full, true and complete answers to all questions contained on said
application, and should an applicant make, or cause to be made, any
false statements of a material matter in his or her said application,
the same shall be deemed cause for suspension or revocation of any
license issued pursuant to such application.
C.Â
Filing. Each completed application for an original or renewal license
required by this Chapter shall be filed with the City Clerk on a form
to be provided by the City, signed and sworn to by the applicant,
the date of filing being noted thereon by the City Clerk. Each application
shall be accompanied by a proper remittance reflecting the appropriate
license fee made payable to the City.
D.Â
License Fee.
1.Â
Deposit Of License Fee Deposit. At the time of filing an application
for a license required by this Chapter, the applicant shall submit
to the City Clerk the applicable license fee, either in cash or by
personal check, business check, bank draft, money order, certified
check or cashier's cheek, made payable to the City of Wildwood,
Missouri. The City Clerk shall issue a receipt together with the license
to the applicant.
2.Â
Refund Of License Fee Prohibited. If any license issued under
the provisions of this Chapter is suspended, revoked, surrendered
or forfeited by the licensee, not used at all during the liquor license
year, or used for only part of the liquor license year, no refund
of any license fee or part thereof shall be made.
E.Â
Application For Renewal License. Applications for renewal of licenses
must be filed on or before the first day of May of each calendar year.
1.Â
Upon payment of the license fee provided herein and satisfaction
of the requirements of this Chapter, the City Clerk shall approve
the application for a renewal license and shall renew the license.
2.Â
In case of failure to submit the completed application for renewal of license required under Subsection (E)(1) of this Section on or before the first day of May, there shall be added to the amount of the renewal license fees a late charge of one hundred dollars ($100.00) from the second day of May to the last day of May; a late charge of two hundred dollars ($200.00) if the renewal application is submitted on the first day of June to the last day of June; or a late charge of three hundred dollars ($300.00) if the renewal application is submitted after the last day of June.
F.Â
Grant And Issuance — Contents/Denial.
1.Â
Upon approval of any application for a license required by this
Chapter, the City Clerk shall issue such license which shall describe
the type of license, the license fee, the premises to which the license
applies, the name of the licensee, the date of issuance and the period
of time for which such license is granted.
[Ord. No. 2789, 4-10-2023]
A.Â
No license shall be granted for the sale of intoxicating liquor in
the original package or by the drink, as defined in this Chapter,
within two hundred (200) feet of any school, convent, church or other
building regularly used as a place of religious worship; provided,
however, except, that when a school, church or place of worship is
established within the prohibited distance from any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for this reason.
B.Â
For the purpose of this Section, the distance between the school,
convent, church or other building regularly used as a place of religious
worship and liquor licensed premises shall be the distance between
the front door or clearly established main point of entrance of the
premises used for school purposes or public worship and the front
door or clearly established main point of entrance of licensed premises.
[Ord. No. 2789, 4-10-2023]
A.Â
Suspension Or Revocation Of License — When — Manner.
The City Clerk may suspend or revoke the license of any person for
the causes set forth.
B.Â
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.Â
Violating any of the provisions of either this Chapter, Chapter
311, RSMo., or any ordinance of the City;
2.Â
Failing to obtain or keep a license from the State Supervisor
of Liquor Control;
3.Â
Making a false affidavit in an application for a license under
this Chapter;
4.Â
Failing to keep an orderly place or house;
5.Â
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.Â
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;
7.Â
Selling, giving, or otherwise supplying intoxicating liquor
to:
a.Â
Any person under the age of twenty-one (21) years;
b.Â
Any person during unauthorized hours on the licensed premises;
c.Â
A habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor; or
d.Â
Any person on the licensed premises during a term of suspension
as ordered by the City Clerk.
8.Â
Conditions or considerations which, had they existed at the
time of issuance of the license, would have been valid grounds for
its denial; or
9.Â
Any misrepresentation of a material fact in the application
discovered after issuance of the license.
C.Â
Procedures. Except as provided herein, no licenses shall be suspended
or revoked until notice has been given to the licensee as hereinafter
provided, until a reasonable time, not to exceed seven (7) days, has
elapsed to enable the licensee to comply with the provisions of this
Chapter and applicable State Statutes and until the licensee has been
given an opportunity to appear at a hearing as provided in this Section.
Such suspension or revocation of a license may be in addition to any
fine imposed pursuant to this Chapter. No licensee whose license has
been revoked, as provided in this Section, shall be eligible for a
new license during the period for which the revoked license was originally
issued.
1.Â
Notwithstanding any other provision of this Chapter to the contrary,
the City Clerk may suspend, for a period not exceeding thirty (30)
days, without prior warning, notice or hearing, any license issued
under this Chapter during the term of such license, for the failure
of any licensee to comply with any provision of this Chapter or a
Statute of the State if, in the judgment of the City Clerk, such failure
constitutes a clear and present danger to the public safety.
D.Â
Effect Of Suspension. No person whose license shall have been suspended
by order of the City Clerk shall sell or give away any intoxicating
liquor or non-intoxicating beer during the time such suspension is
in effect. A separate offense shall be deemed committed each day the
licensee continues to do business after a license suspension or revocation.
Any licensee desiring to keep the premises open for the sale of food
or merchandise during the period of suspension shall display the City
Clerk's order of suspension in a conspicuous place on the premises
so that all persons visiting the premises may readily see the same.
E.Â
A licensee whose license is suspended or revoked may, at any time, petition, in writing, the City Administrator for a hearing or make a written application to the City Administrator for reinspection for the purpose of reinstatement of the license. Any such hearing shall be held consistent with the procedures as set forth in Section 600.100 of this Code.
[Ord. No. 2789, 4-10-2023]
A.Â
Testimony — Evidence. Hearings before the City Administrator
shall be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded.
B.Â
Witnesses To Be Sworn. Before any witness shall testify on any such
hearing he/she shall swear to tell the truth and nothing but the truth.
C.Â
Decision — Denial of License Application. If the evidence supports a finding that a license should be granted, such license shall issue in accordance with Section 600.080 of this Chapter. If the evidence supports a finding that the license should be denied, the City Administrator shall so notify the applicant in writing, setting forth the grounds and reasons for disapproval.
D.Â
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the City Administrator shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended then no such order shall issue.
[Ord. No. 2789, 4-10-2023]
A.Â
Each license issued pursuant to this Chapter shall expire on the
30th day of June immediately succeeding the beginning date of such
license, unless such license be revoked or suspended before the expiration
of such time.
B.Â
All licenses granted in renewal of a license expiring on the 30th
day of June of any year shall be granted and issued for a period of
one (1) year beginning on the first day of July immediately succeeding
the granting of the renewal and shall expire on the 30th day of June
immediately succeeding the beginning date of such license. No license
shall be given a beginning date prior to the day of approval of the
application and granting of such license by the City Clerk.
C.Â
All license fees provided for in this Chapter shall be deemed delinquent
if not paid by July 31 of each year.
[Ord. No. 2789, 4-10-2023]
A.Â
License Not Transferable. No license under this Chapter shall be
transferable from one (1) person to another, nor shall the license
be used at any place except the premises for which the license is
issued except as provided in this Section. In the event of the death
of the licensee, the surviving spouse or next of kin of the deceased
licensee may apply to the City Clerk for, and the City Clerk may order,
the transfer of such license to permit the operation of the business
of the deceased licensee for the remainder of the period of time for
which a license fee has been paid by the deceased licensee. The surviving
spouse or next of kin of the deceased licensee shall meet the requirements
of this Chapter for the license issued to the deceased licensee. If
such a person does not meet the requirements of this Chapter for the
license issued to the deceased licensee, the next closest relative,
determined through the rules of consanguinity, may apply for the transfer
of such license. No executor, administrator, receiver, assignee, trustee
or guardian may sell any intoxicating liquor belonging to the estate
over which he or she, or it, has control except to a wholesaler or
retailer licensed by the State of Missouri.
B.Â
Withdraw Of Partner. Whenever one (1) or more members of a partnership
withdraw from the partnership, the City Clerk, upon written request
of the remaining partners, may permit the remaining partners to continue
to operate for the remainder of the liquor license year.
C.Â
Display Of License. All licenses duly issued and obtained in compliance
with this Chapter shall at all times be placed in an open and conspicuous
location within the premises being operated thereunder.
D.Â
Separate License Required For Each Place Of Business. A separate
license shall be required for each place of business. Every license
issued under the provisions of this Chapter shall particularly describe
the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
E.Â
Change Of Licensed Location. In the event any licensee desires to
change the location of his or her place of business licensed to sell
intoxicating liquor in the City, it shall be necessary for him or
her to file an application in the same manner as herein provided for
an original application, except that no additional fee shall be charged
and the amended license, describing the new location, shall be issued
immediately upon the approval of the application by the City Clerk.
Any change of location of such business to a location within the City
different from that of the licensed premises prior to issuance of
such an amended license shall constitute a violation of this Section.
[Ord. No. 2789, 4-10-2023]
No person possessing a license issued pursuant to this Chapter,
nor any employee or agent of such person, shall sell, give away or
permit the consumption of any intoxicating liquor in any quantity
between the hours of 1:30 A.M. and 6:00 A.M. on any day of the week,
upon or about his or her premises. If the person has a license to
sell intoxicating liquor by the drink, his or her premises shall be
and remain a closed place between the hours of 1:30 A.M. and 6:00
A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00
A.M. Monday. Where licenses authorizing the sale of intoxicating liquor
by the drink are held by clubs, hotels or bowling alleys, this Section
shall apply only to the room or rooms in which intoxicating liquor
is dispensed; and where such licenses are held by restaurants or bowling
alleys whose business is conducted in one (1) room only, then the
licensee shall keep securely locked during the hours and on the days
specified in this Section all refrigerators, cabinets, cases, boxes
and taps from which intoxicating liquor is dispensed. Any person violating
any provision of this Section shall be deemed guilty of an ordinance
violation. Nothing in this Section shall be construed to prohibit
the sale or delivery of any intoxicating liquor during any of the
hours or on any of the days specified in this Section by a wholesaler
licensed under the provisions of Section 311.180, RSMo., as amended,
to a person licensed to sell the intoxicating liquor at retail.
[Ord. No. 2789, 4-10-2023]
When January 1, March 17, July 4 or December 31 falls on a Sunday
and on the Sundays immediately preceding Memorial Day and Labor Day
and on the Sunday on which the national championship game of the National
Football League is played, commonly known as "Super Bowl Sunday,"
any person having a license to sell at retail intoxicating liquor
by the drink may be open for business and sell at retail intoxicating
liquor by the drink under the provisions of his or her license during
the time frame permitted by such license for a weekday.
[Ord. No. 2789, 4-10-2023]
A.Â
No person possessing a license to sell intoxicating liquor at retail
issued pursuant to this Chapter, nor any employee or agent of such
person, shall permit in or upon the licensed premises:
1.Â
The performance of acts, or simulated acts of sexual conduct as defined in Section 415.590 of this Code;
2.Â
The displaying of any portion of the areola of the female breast
even if covered by body paint, body dyes, tattoos, liquid latex, whether
wet or dried, and other similar substances;
3.Â
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
5.Â
Any nude person, as defined in Section 415.590 of this Code, to remain in or upon the licensed premises who is to public view; or
6.Â
The displaying of films, video programs or pictures depicting
acts, the live performances of which are prohibited by State law or
City ordinance.
[Ord. No. 2789, 4-10-2023]
A.Â
Notwithstanding any other provision of this Chapter 600, it shall not be unlawful for the owner, operator, or employees of a restaurant bar to allow patrons to carry out one (1) or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one (1) or more bottles of unfinished wine under the following conditions:
1.Â
The patron must have ordered a meal;
2.Â
The bottle or bottles of wine must have been at least partially
consumed during the meal;
3.Â
The restaurant bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
4.Â
The restaurant bar must securely reseal the bottle or bottles
of wine and place them in one (1) or more one-time-use, tamperproof,
transparent bags and securely seal the bags.
B.Â
Notwithstanding any other provision of any ordinance of the City, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection (A) of this Section, in a vehicle, shall be considered to have violated any ordinance of the City regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
C.Â
Notwithstanding any other provision of any ordinance of the City,
it shall be lawful for the owner, operator, or employees of a winery
to allow patrons to carry out one (1) or more bottles of unfinished
wine and it shall be lawful for patrons of such winery to carry out
one (1) or more bottles of unfinished wine under the following conditions:
1.Â
The bottle or bottles of wine must have been at least partially
consumed at the winery;
2.Â
The winery must provide a dated receipt for the unfinished bottle
or bottles of wine; and
3.Â
The winery must securely reseal the bottle or bottles of wine
and place them in one (1) or more one-time-use, tamperproof, transparent
bags and securely seal the bags.
D.Â
Notwithstanding any other provision of any ordinance of the City, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection (C) of this Section shall be considered to have violated any ordinance of the City regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
[Ord. No. 2789, 4-10-2023]
Intoxicating liquor sold at retail in its original packages
only shall not be consumed on the premises where sold, nor shall the
original package be opened on the premises of the vender.
[Ord. No. 2789, 4-10-2023]
Any druggist may have in his or her possession intoxicating
liquor purchased by him or her from a licensed vendor or otherwise
lawfully acquired and transported to be used in connection with the
business of a druggist in compounding medicines, or as a solvent or
preservant, or for the purpose of selling such intoxicating liquor
to a person on prescription from a regularly licensed physician.
[Ord. No. 2789, 4-10-2023]
Notwithstanding any other provision of this Chapter to the contrary,
any restaurant bar without an on-site brewery that serves twenty (20)
or more different types of draft beer may sell thirty-two (32) fluid
ounces or more of such beer to customers for consumption off the premises
of such bar or tavern.
[Ord. No. 2789, 4-10-2023]
A.Â
Any person licensed to sell intoxicating liquor at retail by the
drink for consumption on the premises where sold may use a table tap
dispensing system to allow patrons of the licensee to dispense beer
at a table. Before a patron may dispense beer, an employee of the
licensee must first authorize an amount of beer, not to exceed thirty-two
(32) ounces per patron per authorization, to be dispensed by the table
tap dispensing system.
B.Â
No provision of this Chapter shall be interpreted to allow any wholesaler,
distributor, or manufacturer of intoxicating liquor to furnish table
tap dispensing or cooling equipment or provide services for the maintenance,
sanitation, or repair of table tap dispensing systems.
[Ord. No. 2789, 4-10-2023]
A.Â
Notwithstanding any provision of this Chapter or this Code to the
contrary, any person who is licensed to sell intoxicating liquor at
retail by the drink for on-premises consumption may sell retailer-packaged
alcoholic beverages to customers in containers, filled on such premises
by any employee of the retailer who is twenty-one (21) years of age
or older, for off-premises consumption if all the following requirements
are met:
1.Â
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A sealable container does not include a container
with a lid with sipping holes or openings for straws;
2.Â
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.Â
The patron orders and purchases a meal from the licensee simultaneous with the alcoholic beverage purchase. For purposes of this Subsection (A)(3), a "meal" is defined as food that has been prepared on-premises;
4.Â
The number of alcoholic beverages sold under this Section 600.210 by a licensee for off-premises consumption is limited to twice the number of meal servings sold by the licensee for off-premises consumption;
5.Â
The licensee provides the patron with a dated receipt or an
electronic record for the meal and alcohol beverages; and
B.Â
Containers that are filled under Subsection (A) of this Section 600.210 shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
C.Â
The filling of a container under this Section 600.210 shall be in compliance with Section 3-304.17(C) of the 2009 Food and Drug Administration Food Code.
D.Â
No provision of ordinance, or rule or regulation of the City shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (A) of this Section 600.210 to any person who is licensed to sell intoxicating liquor at retail.
[Ord. No. 2789, 4-10-2023]
It shall be unlawful for any licensee to purchase any intoxicating
liquor except from, by or through a duly licensed wholesale liquor
dealer in this State. It shall be unlawful for such retail liquor
dealer to sell or offer for sale any intoxicating liquor purchased
in violation of the provisions of this Section.
[Ord. No. 2789, 4-10-2023]
No licensee, or any other person, shall for any purpose whatsoever
mix or permit or cause to be mixed with any intoxicating liquor kept
for sale, sold or supplied by him or her as a beverage, any drug or
form of methyl alcohol or impure form of alcohol.
[Ord. No. 2789, 4-10-2023]
It shall be unlawful for any person to sell any intoxicating
liquor which has not been inspected and labeled according to the laws
of the State of Missouri, and any such person upon conviction shall
have his or her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
[Ord. No. 2789, 4-10-2023]
It shall be unlawful for the licensee of any license authorized
by this Chapter, for the sale of any intoxicating liquor at retail
by the drink for consumption on the premises where sold, to keep or
secrete, or to allow any other person to keep or secrete in or upon
the premises described in such license, any intoxicating liquor, other
than the kind of liquor expressly authorized to be sold by such license,
or any kind of liquor used exclusively as an ingredient in any foods
being prepared and sold on the premises.
[Ord. No. 2789, 4-10-2023]
A.Â
A valid and unexpired operator's or chauffeur's license
issued under the provisions of Section 302.177, RSMo., or a valid
and unexpired operator's or chauffeur's license issued under
the laws of any State or territory of the United States to residents
of those States or territories, or a valid and unexpired identification
card as provided for under Section 302.181, RSMo., or a valid and
unexpired identification card issued by any uniformed service of the
United States, or a valid and unexpired passport shall be presented
by the holder thereof upon request of any licensee or the servant,
agent or employee thereof for the purpose of aiding the licensee or
the servant, agent or employee to determine whether or not the person
is at least twenty-one (21) years of age when such person desires
to purchase or consume alcoholic beverages procured from a licensee.
Upon such presentation the licensee or the servant, agent or employee
thereof shall compare the photograph and physical characteristics
noted on the license, identification card or passport with the physical
characteristics of the person presenting the license, identification
card or passport.
B.Â
Upon proof by a licensee of full compliance with the provisions of
this Section, no penalty shall be imposed if a licensee acted in good
faith in relying upon the identification.
[Ord. No. 2789, 4-10-2023]
B.Â
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register
and accept payment for, and sack for carryout, intoxicating liquor.
Delivery of intoxicating liquor beer away from the licensed premises
cannot be performed by anyone under the age of twenty-one (21) years.
Any licensee who employs any person under the age of twenty-one (21)
years, as authorized by this Subsection, shall, when at least fifty
percent (50%) of the licensee's gross receipts are derived from
sales of alcoholic beverages, have an employee twenty-one (21) years
of age or older on the licensed premises during all hours of operation.
C.Â
In any distillery, warehouse, wholesale distributorship or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
D.Â
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of prepared meals and food consumed on such premises; provided
that nothing in this Section shall authorize persons under twenty-one
(21) years of age to mix or serve across the bar intoxicating liquor.
[Ord. No. 2789, 4-10-2023]
A.Â
Any licensee under this Chapter, or his or her employee, who shall
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, or to any person in an intoxicated condition, or to a
habitual drunkard, and any person, except a parent or guardian, who
procures, sells, gives away or otherwise supplies intoxicating liquor
to any person under the age of twenty-one (21) years, or to any person
in an intoxicated condition, or to a habitual drunkard, shall be deemed
guilty of an ordinance violation, except that this Section shall not
apply to the supplying of intoxicating liquor to a person under the
age of twenty-one (21) years for medical purposes only, or to the
administering of such intoxicating liquor to any person by a duly
licensed physician. No person shall be denied a license or renewal
of a license issued under this Chapter solely due to a conviction
for unlawful sale or supply to a minor when serving in the capacity
as an employee of a licensed establishment.
B.Â
Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his or her parent or legal guardian, is guilty of an ordinance violation.
C.Â
It shall be a defense to prosecution under this Section if:
1.Â
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof; and
2.Â
The defendant sold the intoxicating liquor to the minor with
reasonable cause to believe that the minor was twenty-one (21) or
more years of age; and
3.Â
To purchase the intoxicating liquor, the minor exhibited to the defendant a form of identification provided in Section 600.260 of this Chapter containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
[Ord. No. 2789, 4-10-2023]
A.Â
Any person under the age of twenty-one (21) years, who purchases
or attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition, or has a detectable
blood alcohol content of more than two-hundredths of one percent (0.02%)
or more by weight of alcohol in such person's blood is guilty
of an ordinance violation. For purposes of prosecution under this
Section or any other provision of this Chapter involving an alleged
illegal sale or transfer of intoxicating liquor to a person under
twenty-one (21) years of age, 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
not 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.
B.Â
Except as otherwise provided in Subsection (A) of this Section, for purposes of determining violations of any provision of this Chapter, 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 not 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.
C.Â
The provisions of this Section shall not apply to a student who:
1.Â
Is eighteen (18) years of age or older;
2.Â
Is enrolled in an accredited college or university and is a
student in a culinary course;
3.Â
Is required to taste, but not consume or imbibe, any beer, ale,
porter, wine, or other similar malt or fermented beverage as part
of the required curriculum; and
4.Â
Tastes a beverage under Subdivision (3) of this Subsection (C) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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The beverage must at all times remain in the possession and
control of an authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine, or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only
for instructional purposes during classes conducted as part of the
curriculum.
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[Ord. No. 2789, 4-10-2023]
A.Â
Any person at least seventeen (17) years of age but under the age
of twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, except in cases
authorized by law, shall upon conviction be deemed guilty of an ordinance
violation. Any person under the age of seventeen (17) years who shall
represent that he/she has attained the age of twenty-one (21) years
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, except in cases authorized by law, may be
considered a delinquent child and may be dealt with in accordance
with the provisions of Chapter 211, RSMo.
B.Â
In addition to Subsection (A) of this Section above and to any other penalties established in this Chapter, any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[Ord. No. 2789, 4-10-2023]
A.Â
False Statement Causing Reduction In Payment. Any person who makes
a false statement which causes a reduction in any license or permit
fee shall be required to pay to the City the additional amount due,
plus a penalty of twenty-five percent (25%) of such additional amount,
plus one percent (1%) interest per month or fraction thereof on such
additional amount from the date originally due, in addition to any
other penalties prescribed in this Chapter.
B.Â
Non-Compliance Or Violation. Any person failing to comply with or
any violation of any provision of this Chapter shall be guilty, upon
conviction thereof, of an offense. Any fine assessed for such an offense
shall be in addition to any other penalties assessed for delinquency
or false statements causing a reduction in payment.
C.Â
Revocation Or Suspension. Any failure to comply with or any violation
of any provisions of this Chapter by any licensee or permittee under
this Chapter shall be cause for revocation or suspension of such license
or permit by the City Clerk, and such revocation or suspension shall
be in addition to any other penalties prescribed in this Chapter.
D.Â
Penalty. Whoever violates or fails to comply with any of the provisions of this Chapter shall upon conviction thereof be adjudged guilty of an offense and shall be fined and imprisoned as set out in Section 100.140 of this Code. Each day any violation of this Chapter shall continue shall constitute a separate offense, unless otherwise provided.
