[CC 1997 §3-45; Ord. No. 1122 §§1 — 3, 4-25-1996]
This Chapter may be cited as the "Liquor Control Ordinance of
Branson West, Missouri".
[CC 1997 §3-1; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 73-2009 §3-1, 5-12-2009]
For the purposes of this Chapter, the following words and phrases
shall have the meanings ascribed to them in this Section.
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, but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
That intoxicating liquor manufactured from pure hops or pure
extract of hops or pure barley malt or wholesome grains or cereals
and wholesome yeast and pure water, containing not in excess of five
percent (5%) by weight, and commonly called or known as "beer".
Includes any individual, association, joint stock company,
syndicate, club, any entity recognized by the Missouri Secretary of
State such as a partnership or corporation, receiver, trustee, conservator
or other officer appointed by any State or Federal court.
Includes that portion of any building in which a licensee
hereunder has his/her place of business and any additional building
or portion thereof used in connection therewith, and the entire lot
or parcel of land on which such buildings are situated, or which are
used in connection with such buildings.
A permit issued to any person who is licensed to sell intoxicating
liquor in the original package at retail under this Chapter, allowing
that license holder to conduct wine, malt beverage and distilled spirit
tastings on the licensed premises; however, nothing in this Section
shall be construed to permit the license holder to sell wine, malt
beverages or distilled spirits for on-premises consumption.
Any person who maintains, or is in charge of, any place of
business or depot in the City where intoxicating liquor is kept or
stored for sale to any other licensed dealer.
Includes any wine containing not in excess of fourteen percent
(14%) of alcohol by weight which is manufactured exclusively from
grapes, berries and other fruits and vegetables.
[1]
State Law References — Liquor control law, §§311.010
et seq., RSMo.; definition of "intoxicating liquors", §311.020,
RSMo.
[CC 1997 §3-16; Ord. No. 1122 §§1 — 3, 4-25-1996]
It shall be unlawful for any person to manufacture, distill,
blend, sell or offer for sale, either at wholesale or retail, within
the City, any intoxicating liquor without first having obtained a
license therefor from the City.
[1]
State Law Reference — Authority of city to require liquor
licenses, §311.220, RSMo.
[CC 1997 §3-17; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 1123 §1(h)(i), 5-7-1996]
A.
No person
shall be granted a license hereunder unless such person is of good
moral character and a qualified legal voter and a taxpaying citizen
of the County, Town, City or Village, nor shall any corporation be
granted a license hereunder unless the managing officer of such corporation
is of good moral character and a qualified legal voter and taxpaying
citizen of the County, Town, City or Village; and no person shall
be granted a license or permit hereunder whose license as such dealer
has 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 who employs in his or her business
as such dealer any person whose license has been revoked or who has
been convicted of violating such law since the date aforesaid; provided,
that nothing in this Section contained shall prevent the issuance
of licenses to non-residents 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 State.
B.
Qualifications.
1.
No person,
partnership or corporation shall be qualified for a license under
this law 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 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.
2.
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. Each employer shall report the identity of
any employee convicted of a felony to the Division of Liquor Control.
The Division of Liquor Control shall promulgate rules to enforce the
provisions of this Subdivision.
3.
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 as defined in this Section.
[1]
State Law Reference — Similar provisions under liquor
control law, §311.060, RSMo.
[CC 1997 §3-18; Ord. No. 1122 §§1 — 3, 4-25-1996]
A.
All applications
for license within the scope of this Chapter shall be made in writing
to the Board of Aldermen.
B.
All applications
required by this Chapter, except for the sale of malt liquor, shall
be accompanied by an inventory and an appraisal of the stock of goods,
other than intoxicating liquor, at the proposed place of business.
Said inventory and appraisal shall be made under oath and shall be
the value according to the invoices at the time of the making of the
application of said license.
C.
No license
within the scope of this Chapter shall be granted at the same meeting
of the Board of Aldermen at which the application therefor is presented
except by unanimous vote of said Board; provided however, that said
application may be considered by the Board of Aldermen at the first
(1st) meeting of said Board at which the application is presented
if the applicant has first served written notice upon each member
of the Board, at least five (5) days before the meeting of said Board,
at which said application is to be presented, of his/her intention
to present said application.
[1]
State Law References — Application for license under
liquor control law, §§311.210, 311.230, RSMo.
[CC 1997 §3-19; Ord. No. 1122 §§1 — 3, 4-25-1996]
The City Clerk shall issue a license within the scope of this
Chapter to any person who complies with all of the requirements of
this Chapter to the satisfaction of the Board of Aldermen and who
produces a receipt from the City Collector confirming that the fees
levied by this Chapter have been paid.
A.
No license
shall be granted for the sale of intoxicating liquor, as defined in
this Chapter, within one hundred (100) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[1]
State Law Reference — Authority of city to prohibit
sale near schools and churches, §311.080(2), RSMo.
[CC 1997 §3-21; Ord. No. 1122 §§1 — 3, 4-25-1996;
Ord No. 1139 §1, 9-10-96; Ord. No. 73-2009 §3-21, 5-12-2009]
A.
The annual
fee to be paid to the City for the license required under this Chapter
shall be one and one-half (1½) times the State fee for the
same license. The following licenses are available with the limits
set out herein:
1.
For
manufacturing, distilling, or blending intoxicating liquor in excess
of five percent (5%) of alcohol by weight.
2.
For
manufacturing, distilling or blending intoxicating liquor not in excess
of five percent (5%) of alcohol by weight.
3.
For
the sale of intoxicating liquor, at wholesale, in excess of five percent
(5%) of alcohol by weight.
4.
For
the sale of intoxicating liquor not in excess of five percent (5%)
of alcohol by weight, at wholesale.
5.
For
the sale of all kinds of intoxicating liquor by the drink which license
shall include the right to sell intoxicating liquor in the original
package.
6.
For
the sale by the drink of malt liquor containing not in excess of five
percent (5%) by weight, which license shall include the right to sell
such liquors in the original package.
7.
For
the sale of all kinds of intoxicating liquor in the original package
not to be consumed on the premises where sold.
8.
For
the sale in the original package of malt liquor containing not in
excess of five percent (5%) of alcohol by weight not to be consumed
on premises where sold.
9.
Any
person or business possessing the qualifications required by Chapter
311, RSMo., and who now or hereafter meets the requirements of and
complies with the provision of said Chapter 311 and of Section 311.097,
RSMo., thereof and is licensed by the State of Missouri to sell intoxicating
liquor between the hours of 9:00 A.M. and Midnight on Sunday by the
drink at retail for consumption on the premises of such restaurant
bar as described in the application. Such restaurant bar shall pay
an additional fee equal to one and one-half (1½) times the
State fee for Sunday sales. Such fees shall be payable at the same
time and in the same manner as other licenses fees.
10.
For
the sale of all kinds of intoxicating liquor in the original package
on Sunday between the hours of 9:00 A.M. and Midnight not to be consumed
on the premises where sold.
12.
For
the purpose of conducting wine, malt beverage and distilled spirit
tastings on the licensed premises. Each tasting permit shall allow
up to four (4) tastings in a calendar month. Fee is to equal one and
one-half (1½) times the fee charged by the State Division of
Alcohol and Tobacco Control under Section 311.294, RSMo.
B.
All such
licenses shall be issued as of July first (1st) and expire on the
last day of June the following year. All license fees collected by
the City shall be accounted for and paid into the City General Revenue
Fund. If the license is used for less than one (1) year, the fee shall
be one-twelfth (1/12) of the annual fee for each month, or fraction
thereof, remaining in the licensed year. No refunds for licenses purchased
shall be made for any period. Licenses are not inclusive, and a separate
license must be purchased for sales falling within any Subsection
(1) through (12) above.
[1]
State Law Reference — Authority of city to prescribe
license fee, §311.220(2), RSMo.
A.
Notwithstanding
any other provisions of this Chapter to the contrary, 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, and the City may issue, a license
to sell intoxicating liquor, as in this Chapter defined, between the
hours of 9:00 A.M. on Sunday and Midnight on Sunday by the drink at
retail for consumption on the premises of any restaurant bar as described
in the application or on the premises of any establishment having
at least forty (40) rooms for the overnight accommodations of transient
guests. As used in this Section, the term "restaurant bar" means 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.
B.
The authority
for the collection of fees by Cities and Counties as provided in Section
311.220, RSMo., and all other laws and regulations of the State relating
to the sale of liquor by the drink for consumption on the premises
where sold, shall apply to a restaurant bar or on the premises of
any establishment having at least forty (40) rooms for the overnight
accommodations of transient guests in the same manner as they apply
to establishments licensed under Sections 311.085, 311.090 and 311.095,
RSMo., and in addition to all other fees required by law, a restaurant
bar or on the premises of any establishment having at least forty
(40) rooms for the overnight accommodations of transient guests shall
pay a fee equal to one and one-half (1½) times the State license
fee payable at the same time and in the same manner as its other license
fees.
C.
Any new
restaurant bar having been in operation for less than ninety (90)
days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the restaurant bar can show a projection of annual
business from prepared meals or food consumed on the premises of at
least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
A.
Notwithstanding
any other provisions of this Chapter to the contrary, 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, and the City may issue, a license
to sell intoxicating liquor, as defined in this Chapter, by the drink
at retail for consumption on the premises of any resort as described
in the application. As used in this Section the term "resort" means 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 (B) of this Section. 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 receipts requirements of this Subsection, 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.
B.
A seasonal
resort restaurant is a restaurant which is not a new restaurant establishment
and which is open for business eight (8) or fewer consecutive months
in any calendar year. Fifty percent (50%) of all gross sales of such
restaurant shall be sales of prepared meals. Any new seasonal resort
restaurant establishment having been in operation for less than twelve
(12) weeks may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises for
a period not to exceed ninety (90) days if the seasonal resort restaurant
establishment can show a projection for annualized gross sales of
which fifty percent (50%) shall be sales of prepared meals. The temporary
license fee and the annual license fee shall be prorated to reflect
the period of operation of the seasonal resort restaurant. The license
shall be valid only during the period for which application was made
and for which the fee was paid. Any seasonal resort restaurant upon
resuming business for its season of operation shall not be considered
a new establishment for purposes of issuing a temporary license. Nothing
in this Subsection shall prohibit a seasonal resort restaurant from
becoming a resort restaurant upon application, payment of fees, and
compliance with the requirements of this Chapter.
C.
The times
for opening and closing the establishments as fixed in Section 311.290,
RSMo., the authority for the collection of fees as provided in Section
311.220, RSMo., and all other laws and regulations of the State relating
to the sale of liquor by the drink for consumption on the premises
where sold shall apply to resorts in the same manner as they apply
to establishments licensed under Section 311.090, RSMo.
D.
Any new
resort or restaurant establishment having been in operation for less
than ninety (90) days may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises for
a period not to exceed ninety (90) days if the resort or restaurant
establishment can show a projection of an annual gross receipts of
not 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. The license fee shall be prorated for the
period of the temporary license based on the cost of the annual license
for the establishment. The license fee shall be equal to one and one-half
(1½) times the State license fee.
[CC 1997 §3-22; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 1123 §1(k), 5-7-1996]
The City Collector shall issue a receipt to any person who has
paid the license fee(s) levied by this Chapter. The City Clerk shall
serve as City Collector.
[CC 1997 §3-23; Ord. No. 1122 §§1 — 3, 4-25-1996]
In the event any license issued pursuant to this Chapter is
revoked or forfeited, for cause or otherwise, the City shall not return
any part of the license fee paid for said license.
[CC 1997 §3-24; Ord. No. 1122 §§1 — 3, 4-25-1996]
All licenses issued pursuant to this Chapter shall expire on
June thirtieth (30th) of each calendar year. License fees shall be
prorated for those individuals and entities who obtain licenses on
a date other than July first (1st) of any calendar year. The City
can revoke any license issued pursuant to this Chapter for cause as
herein provided.
[CC 1997 §3-26; Ord. No. 1122 §§1 — 3, 4-25-1996]
Every license issued pursuant to this Chapter shall describe
the premises at which intoxicating liquor may be sold and the kind
of intoxicating liquor to be sold therein.
[1]
State Law Reference — Similar provisions under liquor
control law, §311.240(3), RSMo.
[CC 1997 §3-27; Ord. No. 1122 §§1 — 3, 4-25-1996]
Any license issued pursuant to this Chapter shall not be deemed
to authorize or permit the sale of different kinds of intoxicating
liquor other than that described in said license.
[1]
State Law Reference — Similar provisions, §311.240(3),
RSMo.
[CC 1997 §3-28; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person, agent or employee of any person, in any capacity,
shall sell intoxicating liquor in any place or at any other time than
that designated in the license pursuant to this Chapter.
A.
No license
issued under this Chapter shall be transferable or assignable except
as herein provided. In the event of the death of the licensee, the
widow or widower or the next of kin of such deceased licensee, who
shall meet the other requirements of this law may make application
and the City may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased.
B.
Whenever
one (1) or more members of a partnership withdraws from the partnership
the City, upon being requested, shall permit the remaining partner,
or partners, originally licensed, to continue to operate for the remainder
of the period for which the license fee has been paid, without obtaining
a new license.
[1]
State Law Reference — Transferability of license under
liquor control law, §311.250, RSMo.
[CC 1997 §3-30; Ord. No. 1122 §§1 — 3, 4-25-1996]
A separate license within the purview of this Chapter shall
be required for each place of business.
[1]
State Law Reference — Similar provisions under liquor
control law, §311.240(1), RSMo.
[CC 1997 §3-31; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person shall possess intoxicating liquor within the City
unless the same has been acquired from some person holding a license
or unless the intoxicating liquor is kept with the written permission
of the State Supervisor of Liquor Control, and the package in which
intoxicating liquor is contained has been labeled and sealed with
the official seal prescribed under State law; provided however, that
nothing in this Chapter shall be construed as to prevent the natural
fermentation of fruit juices in any home for the exclusive use of
the occupants of the home and their guests.
No person having a license issued pursuant to this Chapter,
nor any employee 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 weekdays and between the hours
of 1:30 A.M. Sunday and 6:00 A.M. Monday, upon or about his or her
premises. If the person has a license to sell intoxicating liquor
by the drink, his/her premises shall be and remain a closed place
as defined in this Section 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 such licenses authorizing the sale of intoxicating
liquor by the drink are held by clubs or hotels, this Section shall
apply only to the room or rooms in which intoxicating liquor is dispensed;
and where such licenses are held by restaurants whose business is
conducted in one (1) room only and substantial quantities of food
and merchandise other than intoxicating liquors are dispensed, 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. A "closed
place" is defined to mean a place where all doors are locked and where
no patrons are in the place or about the premises. 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., to a person
licensed to sell the intoxicating liquor at retail.
[1]
State Law References — Similar provisions under liquor
control law, §§311.290, 311.298, RSMo.
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on the Sundays prior to 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 intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of Section 600.190, or any other provision of law to the contrary.
[CC 1997 §3-33; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 73-2009 §3-33, 5-12-2009]
A.
Intoxicating
liquor sold at retail in the original package shall not be sold in
a quantity less than one-half (½) pint nor shall the original
package be opened on the premises of the vendor.
B.
No intoxicating
liquor purchased in the original package shall be consumed on the
premises, except that the license holder may allow wine, malt beverage
and distilled spirit tasting on the licensed premises on the dates
and at the times set forth in the State permit allowing the license
holder to do so on the licensed premises. At no time may the license
holder sell wine, malt beverages or distilled spirits for consumption
on the licensed premises.
C.
No license
shall be issued for the sale of intoxicating liquor in the original
package except to a person engaged in, and to be used in connection
with, the operation of one (1) or more of the following businesses:
D.
No license
shall be issued for the sale of intoxicating liquor in the original
package to any person who does not have and keep in his/her store
a stock of goods having a value according to invoices at the time
of making the application for said license, and at all times thereafter,
of at least one thousand dollars ($1,000.00), exclusive of fixtures
and intoxicating liquor.
[1]
State Law Reference — Similar provisions under liquor
control law, §311.200(1), RSMo.
[CC 1997 §3-34; Ord. No. 1122 §§1 — 3, 4-25-1996]
Malt liquor and/or wine may be sold by the drink at retail for
consumption on the premises where sold when the person desiring to
sell the same has been licensed therefore pursuant to this Chapter;
provided however, that a licensee authorized to sell malt liquor and/or
wine at retail by the drink for consumption on the premises where
sold shall not be permitted to obtain a license for the sale of intoxicating
liquors, other than malt liquor and/or wine, in the original package.
Any licensee under this Chapter, or his/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 intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his/her parent or guardian who shall procure for, sell, give
away or otherwise supply intoxicating liquor to any person under the
age of twenty-one (21) years, or to any intoxicated person or any
person appearing to be in a state of intoxication, 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.
In any
place of business licensed in accordance with Section 311.200, RSMo.,
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 away from the licensed business 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 sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
C.
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.
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 food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating beverages.
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 as defined in Section 311.020, RSMo., or who is visibly in
an intoxicated condition as defined in Section 577.001, RSMo., 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 a misdemeanor. 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.
A.
Any person
of the age of seventeen (17) years and 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.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., 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.
[CC 1997 §3-40; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person within the City shall drink any intoxicating liquor
on any street or sidewalk, or in any railway station, theater, or
public vehicle, or in any public place or building.
[CC 1997 §3-41; Ord. No. 1122 §§1 — 3, 4-25-1996]
It shall be unlawful for any person to own, operate, lease,
occupy or control any building, car, shed, room, basement, structure,
tent or booth and knowingly permit intoxicating liquor to be unlawfully
manufactured, sold, stored, kept or consumed therein or thereon.
[CC 1997 §3-42; Ord. No. 1122 §§1 — 3, 4-25-1996]
A.
The Board
of Aldermen may, after a hearing, revoke any license issued pursuant
to this Chapter if the licensee has not at all times kept an orderly
place, or if he/she has violated any of the provisions of this Chapter
or for any other good cause shown after having first given said licensee
not less than ten (10) days' notice in writing of the application
to revoke his/her license. Said notice shall contain the ground or
grounds for revocation and shall command the licensee to be present
at the regular or called meeting of the Board of Aldermen and show
cause, if any, why said license should not be revoked; provided however,
that said licensee at said hearing shall have the right to be represented
by counsel and produce witnesses and evidence in his/her behalf; provided
further, that said notice shall be served by the Police Chief upon
the licensee by leaving a copy thereof with the licensee, or any person
or employee in charge of the place of business of said licensee.
B.
Upon
the conviction of any person licensed pursuant to this Chapter for
a violation of any of the provisions of this Chapter, said conviction
shall automatically operate to revoke the license hereunder issued
to such person.
[1]
State Law References — Revocation of license under liquor
control law, §§311.555, 311.556, 311.600, RSMo.
[CC 1997 §3-43; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person convicted of violating any of the provisions of this
Chapter shall be issued a license or renewal thereof for a period
of one (1) year from the date of said conviction.
[CC 1997 §3-44; Ord. No. 1122 §§1 — 3, 4-25-1996]
Upon conviction of any person for violating any provisions of
this Chapter, it shall be the duty of the Municipal Judge to certify
said conviction to the Board of Aldermen.
[Ord. No. 73-2009 §3-46, 5-12-2009]
A.
The City
Clerk shall issue a tasting permit to any person licensed to sell
intoxicating liquor in the original package not to be opened or consumed
on the premises who:
B.
Any person
who is licensed to sell intoxicating liquor in the original package
not to be opened or consumed on the premises and who obtains a tasting
permit may provide a sampling or tasting of wine, malt beverages or
distilled spirits not more than four (4) days per calendar month and
is subject to the following:
1.
Such
sampling or tasting shall be limited to a serving of one (1) ounce
samples.
2.
Consumption
of the sample must take place within ten (10) feet of the point where
the sample is served.
3.
No sampling
or tasting is permitted for any person under the age of twenty-one
(21) years.
4.
The
person holding or conducting the sampling or tasting must notify the
City Police Department at least twenty-four (24) hours in advance
of the time of such sampling or tasting.
5.
Except
as specifically permitted in this Section, all other requirements
of this Chapter shall remain in full force and effect.
