[R.O. 2008 §4-0; Ord.
No. 3010 §1, 1-6-2005; Ord. No. 5490 §1, 8-22-2016; Ord. No. 5748, 9-13-2021]
A.
The City offers the following liquor licenses:
1.
Retail liquor by the drink license (including original
package sales). Retail liquor by the drink license may include licenses to a restaurant, restaurant-bar, microbrewery, distillery, winery, amusement place, place of entertainment, hotel, common eating and drinking area or caterer. [Section 600.150(A)(1)]
2.
Sunday by drink liquor license (including original package
sales) . [Section 600.150(A)(2)]
3.
Original package license (not including Sunday sales). [Section 600.150(A)(3)]
4.
Original package license (Sunday sales). [Section 600.150(A)(4)]
5.
Consumption of liquor on premises license. [Section 600.150(A)(5)]
6.
Picnic license or festival permit. [Section 600.150(A)(6)]
7.
Wine and malt beverage tasting permit. [Section 600.150(A)(7)]
[R.O. 2008 §4-1; Ord.
No. 3010 §1, 1-6-2005; Ord. No. 5247 §1, 4-9-2012; Ord. No. 5413 §1, 2-9-2015; Ord.
No. 5490 §1, 8-22-2016]
As used in this Chapter, the following terms shall have these
meanings:
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least two
thousand five hundred (2,500) square feet or any outdoor golf course
with a minimum of nine (9) holes and which has annual gross receipts
of at least one hundred thousand dollars ($100,000.00) of which at
least fifty thousand dollars ($50,000.00) of such gross receipts is
non-alcoholic sales.
A place where all doors are locked and where no patrons are
in the place or about the premises and all refrigerators, cabinets,
cases, boxes and taps from which intoxicating liquor is dispensed
are securely locked.
Includes any organization, whether incorporated or not, of
ten (10) or more members not formed for profit which maintains in
the City any facilities for the benefit and convenience of its members.
Those 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 such 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 system for the sale of intoxicating liquor in qualified
packages or containers in the rooms provided for the overnight accommodation
of transient guests in a qualified hotel by means of a controlled
access liquor cabinet in accordance with Section 311.099, RSMo.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo. (2000), as may be amended or revised
from time to time, including marijuana and marijuana-infused products.
[Ord. No. 5835, 4-24-2023]
Any establishment which has gross annual sales in excess
of two hundred fifty thousand dollars ($250,000.00) and the establishment
has been in operation for at least one (1) year.
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquors or combinations 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%) of alcohol by volume.
Any intoxicating liquor manufactured from pure hops or pure
barley malt or wholesome grains or cereals and wholesome yeast and
pure water. 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.
Cannabis indica, Cannabis sativa, Cannabis ruderalis, hybrids
of such species, and any other strains commonly understood within
the scientific community to constitute marijuana, as well as resin
extracted from the marijuana plant and marijuana-infused products,
but not industrial hemp as defined by Missouri Statute, or commodities
or products manufactured from industrial hemp.
[Ord. No. 5835, 4-24-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 5835, 4-24-2023]
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 beer, fifty (50) milliliters (1.7 ounces) or more
of spirituous liquors or one hundred (100) milliliters (3.4 ounces)
of vinous liquors in the manufacturer's original container, or as
provided in Section 311.202, RSMo., when applicable, or as otherwise
defined by the Missouri Department of Public Safety.
[Ord. No. 5699, 4-27-2020; Ord.
No. 5748, 9-13-2021]
Includes any individual, association, joint stock company,
syndicate, copartnership, corporation, receiver, trustee, conservator
or other officer appointed by any State or Federal court.
A temporary permit for the sale of intoxicating liquor for
consumption on the premises where sold and may be issued to a 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.
Includes the entire building or that portion of any building
in which a licensee hereunder has a place of business and any additional
building or portion thereof used in connection therewith and the entire
lot or lots, parcel or parcels of land on which said building is situated
or which are used in connection with the sale or consumption of intoxicating
liquor.
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 foods consumed on such premises.
Preparations or mixtures for beverage purposes that contain
alcohol obtained by distillation, including brandy, rum, whiskey,
gin and all other preparations or mixtures for beverage purposes of
a like character and excluding all vinous, fermented or malt liquors.
Relating to wine.
Any vinous liquor produced by fermentation of juice of grapes,
berries and other fruits or a preparation of certain vegetables by
fermentation and containing alcohol not in excess of twenty-two percent
(22%) by volume.
[Ord. No. 5490 §1, 8-22-2016; Ord.
No. 5651, 8-26-2019; Ord. No. 5835, 4-24-2023]
A.
Persons Eighteen (18) Years Of Age Or Older May Sell Or Handle
Liquor Or Beer, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
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,
accept payment for, and sack for carry-out 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.
3.
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 or to unload delivery vehicles and transfer intoxicating liquor
into retail licensed premises if such persons are supervised by a
delivery vehicle driver who is twenty-one (21) years of age or older.
4.
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.
B.
Sales To Minor — Exceptions.
1.
No licensee, his/her employee, or any other person shall procure
for, 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, except that this Section shall not apply to the parent
or guardian of the minor nor 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 such person
by a duly licensed medical professional. 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 while serving
in the capacity as an employee of a licensed establishment.
2.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
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
c.
To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document, 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.
C.
Misrepresentation Of Age By Minor To Obtain Liquor —
Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in liquor control enforcement activity authorized
by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use 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., or other form of identification for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.020, or shall be visibly intoxicated as defined in Section 577.001, RSMo., or shall have 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.
2.
The provisions of this Subsection shall not apply to a student
who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a
student in a culinary course;
c.
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
d.
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university. The beverage must at all times remain in the possession and control of any 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.
3.
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 as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood or breath sample or
urine analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person
who performed the test;
e.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
|
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
|
For purposes of determining violations and prosecution under
this Chapter or any other rule or regulation of the Supervisor of
Alcohol and Tobacco Control, a manufacturer-sealed container describing
that there is intoxicating liquor therein need not be opened or the
contents therein tested to verify that there is intoxicating liquor
in such container. The alleged violator may allege that there was
no intoxicating liquor in such container, but the burden of proof
of such allegation is on such person, as it shall be presumed that
such a sealed container describing that there is intoxicating liquor
therein contains intoxicating liquor.
[1]
Editor's Note — Ord. no. 5171 §1, adopted January
24, 2011, repealed "druggist may sell and physician may prescribe
liquor" in its entirety. Former section 600.040 derived from R.O.
2008 §4-4; ord. no. 3010 §1, 1-6-2005.
[R.O. 2008 §4-5; Ord.
No. 3010 §1, 1-6-2005]
No intoxicating liquor shall be consumed on the premises covered
by a license only to sell at retail in the original package and it
shall be unlawful to consume or permit to be consumed intoxicating
liquor on such premises or to open an original package on such premises,
except when a permit for tasting has been issued.
[1]
State Law Reference — Similar provisions, §311.200,
RSMo.
[R.O. 2008 §4-6; Ord.
No. 3010 §1, 1-6-2005; Ord. No. 5247 §2, 4-9-2012; Ord. No. 5490 §1, 8-22-2016]
No person licensed under the provisions of this Chapter to sell
intoxicating liquor at retail in the original package not to be consumed
on the premises where sold shall sell any such intoxicating liquor
in any package containing less than an original package as defined
in this Article, except he/she may sell from thirty-two (32) to one
hundred twenty-eight (128) fluid ounces of draft beer to customers
in containers filled by an employee of the licensee (who is at least
twenty-one (21) years of age) on the premises for consumption off
the premises in accordance with Section 311.201, RSMo. Any other sale
of intoxicating liquor in any package shall require the applicable
"by the drink" license.
[R.O. 2008 §4-7; Ord.
No. 3010 §1, 1-6-2005; Ord. No. 5413 §3, 2-9-2015]
A.
No person having a license under this Chapter nor any employee or agent of such person shall sell, give away or permit the consumption of any intoxicating liquor to be done upon or about the premises in any quantity except at the times set out in Section 600.150.
B.
When January 1, March 17, July 4 or December 31 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 this Chapter to the contrary.
C.
Any places licensed to sell intoxicating liquor by the drink shall
be a closed place as defined herein during times for which the sale
of intoxicating liquor is restricted. Where such 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.
[1]
State Law Reference — Similar provisions, §311.290,
RSMo.
[R.O. 2008 §4-8; Ord.
No. 3010 §1, 1-6-2005]
No person holding a license to sell intoxicating liquor by the
drink at retail or employee or agent thereof who accepts delivery
of such beer or liquor at premises located within the corporate limits
of the City shall make payment for such beer or liquor at premises
located within the corporate limits of the City with United States
currency or double endorsement checks at such location, provided however,
that payment with United States currency shall be lawful and proper
at the wholesale vendor's place of business.
[R.O. 2008 §4-26; Ord. No. 3010 §1, 1-6-2005]
A.
It
shall be unlawful for any person to manufacture, sell or expose for
sale intoxicating liquor, as herein defined, in any quantity, either
for consumption on the premises where sold or in the original package
and not for consumption on the premises where sold, except as provided
in this Chapter, nor until the license fees herein provided have been
fully paid and a State liquor license and a City liquor license have
been issued for the premises. A separate license shall be required
for each place of business.
B.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license from another City or County within
the State need not obtain a separate liquor license from the City.
C.
Personal Use Exempt.
[Ord. No. 5413 §2, 2-9-2015]
1.
Notwithstanding the provisions of Subsection A, no person at least twenty-one (21) years of age shall be required to obtain a license to manufacture intoxicating liquor for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred (200) gallons per calendar year if there are two (2) or more persons over the age of twenty-one (21) years in such household, or one hundred (100) gallons per calendar year if there is only one (1) person over the age of twenty-one (21) years in such household. Any intoxicating liquor manufactured under this Section shall not be sold or offered for sale.
2.
Beer brewed under this Subsection may be removed from the premises
where brewed for personal or family use, including use at organized
events, exhibitions, or competitions, such as home brewer contests,
tastings, or judging. The use may occur off licensed retail premises,
on any premises under a temporary retail license, or on any tax-exempt
organization's licensed premises.
3.
Any beer brewed under this Subsection used at an organized event
where an admission fee is paid for entry, at which the beer is available
without a separate charge, shall not be deemed a sale of beer, provided
that the person who brewed the beer receives none of the proceeds
from the admission fee and all consumption is conducted off licensed
retail premises, under the premises of a temporary retail license,
or on any tax-exempt organization's licensed premises.
[1]
State Law Reference — Similar provisions, §311.050,
RSMo.
[R.O. 2008 §4-27; Ord. No. 3010 §1, 1-6-2005]
A.
No
person shall qualify for a license under this Chapter if that person
or any partner, manager, officer, director or any individual owning
ten percent (10%) or more of the stock or financial interest therein
is not a person of good moral character or has been convicted of violating
the provisions of any law applicable to the manufacture or sale of
intoxicating liquor or non-intoxicating liquor since the ratification
of the Twenty-First Amendment of the Constitution of the United States,
nor shall a person qualify for an intoxicating liquor license if that
person has made a false affidavit in his/her application for liquor
license, nor shall a person qualify for an intoxicating liquor license
unless that person is registered to vote in this State and has paid
all taxes due for which he/she is liable to the State, County and
municipality in which he/she resides and to the City.
B.
No
license shall be issued for the sale of intoxicating liquor in the
original package not to be consumed on the premises where sold, except
to a person engaged in and to be used in connection with the operation
of one (1) or more of the following businesses, to wit: A drug store,
a cigar and tobacco shop, a grocery store, a general merchandise store,
a confectionery or delicatessen store or any business licensed to
sell intoxicating liquor by the drink for consumption on the premises;
nor shall any license be issued for the sale of intoxicating liquor
not to be consumed on the premises where sold to any person who does
not have and keep in his/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.
[1]
State Law References — Similar provisions, §§311.060(1),
311.080(1), 311.200(1), RSMo.; authority to increase distance from
schools and churches to three hundred feet §311.080(2), RSMo.
A.
No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within three hundred (300) 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 City Council, except that when a school, church
or place of worship shall hereafter be established within three hundred
(300) 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 three hundred (300)
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.
[R.O. 2008 §4-28; Ord. No. 3010 §1, 1-6-2005; Ord. No. 5171 §2, 1-24-2011]
A.
Applications
for a license, to include any new license, renewal license or transfer
of an existing license, to sell or dispense intoxicating liquor, to
include picnic licenses, shall be filed with the Finance Department
on forms furnished by the Finance Department.
B.
The
application shall contain information sufficient to inform the City
regarding the qualifications of the applicant. Each application shall
be signed by the applicant. The signature of the applicant shall constitute
an agreement that the applicant assumes responsibility for compliance
with the provisions of the City ordinances and the laws of the State
regulating the sale of intoxicating liquor. The applicant for any
picnic license shall state the nature of the function, location, exact
times and dates requested for said license.
C.
If
the applicant is a joint venture, partnership or group other than
an incorporated entity, the application shall be made by all individuals
who are members of such joint venture, partnership or group. If the
applicant is a corporation, the application shall be submitted in
the name of a managing officer of the entity for the benefit of the
entity corporation. A corporate applicant shall state the names and
addresses of its registered agent, manager, officers, directors and
owners. Any time the named manager of a corporation ceases to act
in such capacity, the corporation shall immediately apply to the City
to transfer the license to the name of the new manager.
D.
Every
application for a license and 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.
Annual licenses shall be issued to run concurrent with the City's
fiscal year, from July 1 to June 30. Full fees must be paid for all
licenses regardless of date of application. Renewal applications should
be filed on or before May 15 of each year with the applicable fees
to minimize the possibility of interruption of licensed status.
[Ord. No. 5501 § 1, 10-10-2016]
[R.O. 2008 §4-29; Ord. No. 3010 §1, 1-6-2005; Ord. No. 5171 §2, 1-24-2011]
A.
The
Chief of Police shall supervise an investigation of the validity of
the statements contained in each application for a license under this
Chapter. The Police Department is not required to conduct an investigation
of any person who has submitted an incomplete application packet.
B.
Upon
conclusion of the investigation, the Chief of Police shall render
a report on the application, which shall indicate a recommendation
for approval or denial. Any recommendation for denial of the application
shall include a justification based on the standards for approval
and issuance.
C.
The
Chief of Police shall present the report to the Finance Director and
provide a copy to the City Administrator. The Finance Director may
deny or issue the permit based thereon. If the Finance Director denies
the application, the applicant can request reconsideration by the
City Council. Upon approval of such application by a majority of such
City Council, the Finance Director shall issue the applicant the requested
license.
[R.O. 2008 §4-30; Ord. No. 3010 §1, 1-6-2005; Ord. No. 5501 § 2 10-10-2016]
A.
The City shall not issue a license to any applicant who:
1.
Does not receive a favorable recommendation from the Chief of
Police; or
2.
Is not of good moral character, registered to vote in the State
and current on all taxes for which he/she is liable in the State,
County, City or municipality in which he/she resides and the City;
or
3.
Is not at least twenty-one (21) years of age; or
4.
Has been convicted, since the ratification of the 21st Amendment
to the Constitution of the United States, of violating the provisions
of any law applicable to the sale or manufacture of intoxicating liquor
or non-intoxicating liquor, or employs someone convicted of violating
such law; or
5.
Has had a prior revocation of a license, unless the State has
issued them a new license five (5) or more years after such revocation
or employs any person whose license has been revoked within the past
five (5) years; or
6.
Has been individually or as an officer, director or shareholder
of a corporate applicant been convicted of a felony or any laws of
the United States or any State involving the distribution, sale or
possession of any controlled substance or dangerous drug; or
7.
Makes a false statement or material facts or by deliberate omission
is untruthful in the application for a license or renewal license;
or
8.
Does not comply with all provisions of the State law and with
all other ordinances and regulations of the City related to the terms
of the license.
[R.O. 2008 §4-31; Ord. No. 3010 §1, 1-6-2005; Ord. No. 4029 §2, 6-26-2006; Ord.
No. 5171 §2, 1-24-2011; Ord. No. 5490 §1, 8-22-2016]
A.
License fees for the licenses required by this Article are hereby
established as follows:
[Ord. No. 5539 § 1, 8-28-2017; Ord.
No. 5748, 9-13-2021]
1.
Retail liquor by the drink license (including original
package sales). Issued for the sale of all kinds of intoxicating
liquor at retail by the drink for consumption on the premises where
sold and also allows the sale of intoxicating liquor in the original
package as defined in this Chapter, regardless of where the intoxicating
liquor is to be consumed, between the hours of 6:00 A.M. and 1:30
A.M. on weekdays and on Saturday from 6:00 A.M. until 1:30 A.M. on
Sunday. Notwithstanding any other provisions of this Article, a ''retail
liquor by the drink" license may also be issued to the following types
of establishments, to wit: restaurant, restaurant-bar, microbrewery,
distillery, winery, amusement place, entertainment place, hotel, common
eating or drinking area or caterer. The annual fee shall be four hundred
fifty dollars ($450.00).
2.
Sunday by drink license (including original package
sales). Issued for the sale of all kinds of intoxicating
liquor at retail by the drink for consumption on the premises only
between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays
and shall also allow the sale of intoxicating liquor in the original
package as defined in this Chapter, regardless of where the intoxicating
liquor is to be consumed. Only persons issued a "retail liquor by
the drink license" may apply for this additional license. The annual
fee shall be three hundred dollars ($300.00).
3.
Original package license (not including Sunday sales). Issued for the sale of all types of intoxicating liquors in the
original package, not for consumption on the premises or for resale,
from 6:00 A.M. on weekdays to the next day at 1:30 A.M. and on Saturday
from 6:00 A.M. until 1:30 A.M. on Sunday. Notwithstanding any other
provisions of this Article, an original package license (not including
Sunday sales) may be issued to the following types of establishments:
A drug store, a cigar and tobacco shop, a grocery store, a general
merchandise store, a confectionery or delicatessen store. The annual
fee shall be one hundred fifty dollars ($150.00).
4.
Original package license (Sunday sales). Issued
for the sale of all types of intoxicating liquors in the original
package, as defined in this Chapter, not for consumption on the premises
or for resale, between the hours of 6:00 A.M. on Sundays and 1:30
A.M. on Mondays. Only persons having been issued a license for "original
package (not including Sunday sales)" license may apply for this additional
license. The annual fee shall be three hundred dollars ($300.00).
5.
Consumption of intoxicating liquor on premises license. Issued to any establishment where food, beverage or entertainment
are sold or provided for compensation and where patrons are allowed
to bring their own intoxicating liquor on the premises for consumption.
The annual fee shall be ninety dollars ($90.00).
6.
Picnic license or festival permit. A picnic license is issued for the temporary sale of all kinds of intoxicating liquor at retail by the drink for consumption on the premises where sold by any church, school, civic, service, fraternal, veteran, political, charitable club or organization, or any entity with a temporary State sales license issued pursuant to Sections 311.483 — 311.485, RSMo., between the hours of 6:00 A.M. and 1:30 A.M. for sale at a picnic, bazaar, fair or similar gathering. Said permit shall be issued only for the day or days named therein, and it shall not authorize the sale of the aforesaid beverages for more than seven (7) days by any said organization as described above in any fiscal year. A festival permit is issued to an entity with a special permit issued by the State pursuant to Section 311.915, RSMo., subject to the restrictions thereon, and is only valid for seventy-two (72) hours. The fee for picnic license or festival permit shall be thirty-seven dollars and fifty cents ($37.50). If alcoholic beverages will not be sold and no permit under this Section is required, then a permit under Section 405.480 shall be required.
7.
Wine and malt beverage tasting permit. Issued
to persons licensed to sell intoxicating liquor in the original package
at retail for the purpose of conducting wine, malt beverage and distilled
spirit tastings on the licensed premises from 6:00 A.M. to the next
day at 1:30 A.M. Nothing in this Section shall be construed to permit
the licensee to sell wine, malt beverages or distilled spirits by
the drink for on-premises consumption on the premises. The annual
fee shall be thirty-seven dollars and fifty cents ($37.50).
B.
Disposition. All fees collected pursuant to the
provisions of this Article shall be accounted for and paid to the
City Finance Department, as other funds collected are accounted and
paid.
C.
In Lieu Of Certain Other Fees And Taxes. The fees
to be charged under this Article shall be taken in lieu of a merchant's
license fee and ad valorem tax for stock and sales of intoxicating
liquors, and the amount of sales thereof made by any license hereunder
of the value of the stock of any intoxicating liquors of such licensee
shall not be returned by such merchant for purposes of a merchant's
license or ad valorem tax, nor shall such stock or sales be included
in the computation of any merchant's license or ad valorem tax.
[1]
State Law References — Similar provisions, §§311.070,
311.200(1)(3 — 4), 311.220, 311.293(2), 311.482, RSMo.
[R.O. 2008 §4-32; Ord. No. 3010 §1, 1-6-2005; Ord. No. 5123 Exh. A, 2-22-2010; Ord.
No. 5171 §2, 1-24-2011; Ord. No. 5271 §1, 9-24-2012]
A.
Any
restaurant-bar (for purpose of this Section meaning an establishment
with 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 the premises) 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 for consumption
by customers off the premises.
B.
The
owner, operator, or employees of a restaurant-bar may allow patrons
to carry out one (1) or more bottles of unfinished wine, and it shall
be lawful for patrons of such restaurant-bar to carry out one (1)
or more bottles of unfinished wine, under the following conditions:
1.
The patron must have ordered a meal;
2.
The bottle or bottles of wine must have been at least partially consumed
during the meal;
3.
The restaurant-bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
4.
The restaurant-bar must securely reseal the bottle or bottles of
wine and place them in one (1) or more one-time-use, tamper-proof,
transparent bags and securely seal the bags.
C.
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant-bar under the circumstances described in Subsection (B) of this Section, in a vehicle, shall be considered to have violated any State law or local ordinance 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, tamper-proof, transparent bags with the seals intact.
[Ord. No. 5271 §2, 9-24-2012; Ord. No. 5490 §1, 8-22-2016]
Any person licensed to sell liquor at retail by the drink for
consumption on the premises where sold may use a self-dispensing system
which is monitored and controlled by the licensee and allows patrons
of the licensee to self-dispense beer or wine. Before a patron may
dispense beer or wine, an employee of the licensee must first authorize
an amount of beer or wine, not to exceed thirty-two (32) ounces of
beer or sixteen (16) ounces of wine per patron per authorization,
to be dispensed by the self-dispensing system.
[R.O. 2008 §4-33; Ord. No. 3010 §1, 1-6-2005]
Any hotel having at least forty (40) rooms for the overnight
accommodation of transient guests and that operates a restaurant on
the premises that complies with all provisions regarding annual gross
food sales as stated in Section 311.099, RSMo., and has a current
"retail liquor by the drink" license issued by the State and the City
is authorized to provide a controlled access liquor cabinet system
in accordance with the provisions of Section 311.099, RSMo.
[R.O. 2008 §4-34; Ord. No. 3010 §1, 1-6-2005]
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 Article, may make application
and the City Clerk may transfer such license to permit the operation
of the business of the deceased for the remainder of the period for
which a business fee has been paid by the deceased.
B.
Whenever
one (1) or more members withdraws from a partnership or joint venture,
the City Clerk, upon being requested, shall permit the remaining partners
or joint venturers, 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 — Similar provisions, §311.250,
RSMo.
[R.O. 2008 §4-35; Ord. No. 3010 §1, 1-6-2005]
All licenses issued pursuant to the provisions of this Article
shall be kept conspicuously posted for public viewing in the place
for which such license was issued.
[R.O. 2008 §4-36; Ord. No. 3010 §1, 1-6-2005; Ord. No. 5171 §2, 1-24-2011]
Wherever it has been shown to the Finance Director that a person
under the provisions of this Chapter has not at all times kept an
orderly place of business or has permitted on the licensed premises
any disorderly conduct, breach of the peace or illegal conduct or
practices; or that a person has violated any of the provisions of
this Chapter or the Liquor Control Act of the State; or that a person
has no license from the State's Supervisor of Control or St. Louis
County; or that he/she has made a false affidavit in his/her application
for a liquor license, the Finance Director after a hearing thereof
shall be empowered to revoke the license of such a person giving ten
(10) days' notice in writing thereof prior to the hearing thereon
to the dealer or any person in charge of or employed in the place
so licensed, stating the time, place, purpose and grounds therefor
of such hearing and at such hearing the person may be represented
by counsel and produce witnesses in his/her or its behalf.
[Ord. No. 5835, 4-24-2023]
A.
Any
owner, occupant, or other person or legal entity with a lawful right
to the exclusive use and enjoyment of any property who knowingly or
negligently allows a person under the age of twenty-one (21) to consume
or possess intoxicating liquor or controlled substances or knowingly
fails to stop a person under the age of twenty-one (21) from consuming
or possessing intoxicating liquor or controlled substances on such
property, is guilty of an ordinance violation; except that this Section
shall not apply to the following:
1.
The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2.
The delivery of an alcoholic beverage to a minor by that minor's
parent and under the direct supervision of the parent.
3.
The possession or consumption of or the delivery to a minor of a
controlled substance prescribed for that minor by a duly licensed
medical professional when such delivery by that minor's parent or
by the person in control of the premises, provided that he or she
has obtained the prior consent of that minor's parent.
B.
Duty
To Supervise. It shall be unlawful for any person in control of a
premises, to leave a premises without another adult accepting control
of the premises when it is reasonably foreseeable that said premises
may be used for a gathering at which alcoholic beverages or controlled
substances may be in the possession of or consumed by minors except
as otherwise provided in this Chapter.
C.
Rental
Of A Premises. It shall be unlawful for any owner, agent, employee
or contractor thereof to rent any room, rooms, apartment or any building
or portion of a building to a minor under any circumstances, or to
any adult when it is reasonably foreseeable that said adult will leave
the said premises without adult supervision and it is reasonably foreseeable
that said premises may be used for a gathering at which alcoholic
beverages or controlled substances may be in possession of or consumed
by minors except as otherwise provided in this Chapter.
D.
Duty
To Disperse – Police Services, Fees For Police Services.
1.
Any person in control of a premises at which alcoholic beverages
or controlled substances are in the possession of or are being consumed
by minors, and his or her adult designees, shall cause all persons
in or on said premises who are not lawful residents thereof to disperse
not more than fifteen (15) minutes after personally receiving an order
to do so issued by a Peace Officer.
2.
When a party, gathering or event occurs on private property and a
Police Officer at the scene determines that there is a threat to the
public peace, health, safety or general welfare and issues a warning
regarding that threat, the person or persons responsible for the party,
gathering or event will be held liable for the cost of providing police
services during a second or subsequent follow-up response by the police
after a first warning to the person or persons responsible for the
party, gathering or event. The second or subsequent response may also
result in the arrest and/or citation of violators pursuant to State
law or other provisions of this Code.
3.
The police services fee under this Section shall include the cost
of personnel and equipment but shall not exceed five hundred dollars
($500.00) for a single incident; provided, however, that the City
reserves its right to seek reimbursement for actual costs exceeding
five hundred dollars ($500.00) through other legal remedies. The amount
of such fees shall be deemed a debt owed to the City by the person
responsible for the party, gathering or event. If such persons are
minors, their parents or guardians shall be responsible for such debt.
Any person owing such fees to the City shall be liable in an action
brought in the name of the City for recovery of such fees, including
reasonable attorney's fees.
[R.O. 2008 §4-37; Ord. No. 3010 §1, 1-6-2005]
It shall be the duty of the Police of the City to see that the
provisions of this Chapter and of other ordinances of the City in
regard to the sale of intoxicating liquor are obeyed and to report
to the Chief of Police any place where intoxicating liquor is sold
which is not kept in an orderly manner or in violation of any of the
provisions of this Chapter or any person selling intoxicating liquor
in the City without a license.
