[CC 1991 §4-52; Ord. No. 48 §§1, 27, 6-6-1949; Ord. No. 806 §2(3), 6-13-1989]
The following words and phrases, when used in this Article,
shall have the meanings respectively ascribed to them:
Any organization, whether incorporated or not, of fifty (50)
or more members, not formed for profit, where the property and equipment
of such organization, exclusive of real estate, belongs to the members
thereof, and is of the value of at least two thousand five hundred
dollars ($2,500.00) according to invoices.
Shall mean and include alcohol for beverage purposes, 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 except for non-intoxicating
beer as defined in Section 312.010, RSMo. 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 and 196.445, RSMo.
Any individual, association, joint stock company, syndicate,
club, co-partnership, corporation, receiver, trustee, conservator
or other officer appointed by any State or Federal court.
That portion of any building in which a licensee under this
Article has his/her place of business and any additional building
or portion thereof used by the licensee in connection therewith, but
not any other portion of the entire lot or lots, parcel or parcels
of land on which such buildings are situated or which are used in
connection with such buildings. The term "premises" shall also include the entire building in the case of hotels or motels
in which a licensee hereunder has his/her place of business and any
additional building and enclosed improvement or patio used in connection
therewith, but not the parking areas nor the entire lot or lots, parcel
or parcels of land on which said buildings are situated or which are
used in connection with said buildings or which are used in connection
with the sale or consumption of intoxicating liquor.
Any place of business, the main purpose and activity of which
is to serve meals, sandwiches, short orders and other food to be eaten
by its customers on the premises and which does not provide or furnish
to the public lodging or sleeping rooms.
A person who exposes for or makes one (1) or more sales for
resale of intoxicating liquor within the limits of this City, or who
conducts a business of exposing for sale or selling intoxicating liquor
for resale from an established place of business within the limits
of this City.
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to this law, or intoxicating liquor lawfully acquired at the place
of acquisition and legally transported into this State, and lawfully
inspected, gauged and labeled as provided for in this law; such intoxicating
liquor to be used in connection with the business of a druggist, in
compounding medicines or as a solvent or preservant; provided, that
nothing in this law shall prevent a regularly licensed druggist, after
he/she procures a license therefor in compliance with this law, from
selling intoxicating liquor in the original packages, but not to be
drunk or the packages opened on the premises where sold; and provided
further, that nothing in this Chapter shall be construed as limiting
the right of a physician to prescribe intoxicating liquor in accordance
with his/her professional judgment for any patient at any time, or
prevent a druggist from selling intoxicating liquor to a person on
prescription from a regularly licensed physician as above provided.
[CC 1991 §4-54; Ord. No. 48 §5, 6-6-1949; Ord.
No. 806 §2(7), 6-13-1989]
It shall be the duty of the Police of the City to see that the
provisions of this Article and of other ordinances in regard to the
sale of intoxicating liquor are obeyed, and to report to the Police
Chief any place where intoxicating liquor is sold at retail which
is not kept in an orderly manner or in violation of any of the provisions
hereof, or any person selling intoxicating liquor in the City without
a license. It shall be the duty of the Police Chief to report all
such violations immediately to the Board of Aldermen.
[CC 1991 §4-55]
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 a misdemeanor.
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.
[Ord. No. 2007-1532 §1, 2-20-2007]
Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession any intoxicating liquor as defined in Section 600.010, or who is visibly in an intoxicated condition as defined in Section 342.010, or has a detectable blood alcohol content of 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.
B.
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 or non-intoxicating
beer. Delivery of intoxicating liquor or non-intoxicating beer 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 or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail. Any
wholesaler licensed pursuant to this Chapter or Chapter 312, RSMo.,
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 non-intoxicating beer.
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 or non-intoxicating beer 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 or non-intoxicating
beer.
[CC 1991 §4-57; Ord. No. 48 §14, 6-6-1949; Ord. No. 147 §2, 8-26-1957; Ord. No. 379 §I, 12-16-1967; Ord. No. 380 §1, 12-21-1967; Ord. No. 793 §1, 1-10-1989; Ord. No. 806 §2(5), 6-13-1989; Ord. No. 2021-1959, 11-16-2021]
A.
No
person having a license under this Article nor any employee of such
person shall sell, give away or otherwise dispose of or suffer the
same to be done upon or about his/her premises any intoxicating liquor
in any quantity between the hours of 1:30 A.M. and 6:00 A.M. daily.
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. 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 a single premises 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 herein specified
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. The hours of operation provisions shall not apply to
a licensed controlled access liquor system in a qualified establishment
as defined in Section 311.099, RSMo., as now in force or hereafter
amended. 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.
B.
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 Subsection (A) hereof, or any other provision of law to the contrary.
[CC 1991 §4-57.1; Ord. No. 806 §2(6), 6-13-1989; Ord. No. 2004-1366 §1, 1-20-2004; Ord. No. 2021-1959, 11-16-2021]
Any person licensed by the State of Missouri to sell intoxicating
liquor between the hours of 6:00 A.M. on Sundays and 1:30 AM on Mondays
by the drink at retail for consumption on the premises of any "restaurant
bar," as defined in Section 311.097, RSMo., may apply for, and the
City Clerk may issue, a license authorizing such sales in the City
upon payment, in addition to all other fees required by law or ordinance,
of an additional fee of two hundred dollars ($200.00) per license
year, payable at the same time and in the same manner as the applicant's
other liquor license fees to this City.
[CC 1991 §4-58; Ord. No. 48 §16, 6-6-1949]
It shall be unlawful for any merchant or keeper of any place
of business in the City, or any licensee under the provisions of this
Article, or the employee of any of such persons to suffer or permit
any minor to drink or consume on the premises on which his/her business
is conducted any whiskey, brandy, gin, wine, hooch, alcohol or intoxicating
liquor in excess of one-half of one percent (0.5%) alcoholic content
by weight, however acquired, or to sell, give away, lend, permit the
use of or otherwise dispose of any soda water, ginger ale, water,
ice, glass, spoon, container or receptacle to any person with the
intent or knowledge that the same will be consumed or used in connection
with the drinking or consuming by a minor of any such liquor on such
premises.
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 a misdemeanor, 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.
[Ord. No. 2021-1959, 11-16-2021]
A.
Notwithstanding
any provision of law 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.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A sealable container does not include a
container with a lid with sipping holes or openings for straws;
2.
The contents of each container does not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section 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.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
6.
The container is either:
B.
Containers that are filled under Subsection (A) of this Section 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."
[CC 1991 §4-68; Ord. No. 48 §§2, 26, 6-6-1949; Ord. No. 806 §2(8), 6-13-1989]
A.
It
shall be unlawful for any person to manufacture, distill, brew, sell
or expose for sale in this City intoxicating liquor in any quantity,
without taking out a license from the City. A separate license shall
be taken out for each of the following classes of sales of intoxicating
liquors in which the licensee desires to engage:
1.
Sales of all kinds of intoxicating liquors in the original package
not to be consumed on the premises where sold;
2.
Sale of intoxicating liquor of all kinds at retail by the drink for
consumption on the premises where sold or for consumption in a common
eating and drinking area, as described in Section 311.096, RSMo.,
including the sale of intoxicating liquors in the original package;
3.
Sales of malt liquor and beer containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight by grocers and other merchants and dealers
for sale in the original package direct to consumers but not for resale
and not for consumption on the premises where sold;
4.
Sales of malt liquor and beer containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight or light wine, as defined in Section 311.200,
RSMo., containing not in excess of fourteen percent (14%) alcohol
by weight, or both, at retail by the drink for consumption on the
premises where sold, which license shall also permit the holder to
sell non-intoxicating beer, as defined in Ch. 312, RSMo.;
6.
Sunday sales by certain organizations under Section 311.090, RSMo.;
7.
Temporary license permits for certain organizations and businesses
having a State license under Sections 311.482 or 311.485, RSMo.;
8.
Manufacturing, brewing, distilling or blending of intoxicating liquors;
9.
Selling to duly licensed wholesalers and soliciting orders for the
sale by or through duly licensed wholesalers of intoxicating liquors;
and
10.
Manufacturing of light wines, as defined in Section 311.200, RSMo.,
in quantities not exceeding seventy-five thousand (75,000) gallons.
B.
Each
license shall apply to the class for which issued, and it shall be
unlawful to sell or expose for sale any intoxicating liquor except
of the type and kind for which a particular fee has been paid and
except in the manner authorized in the license held by the licensee
as issued under this Article.
Solicitors, manufacturers and blenders of intoxicating liquor
shall not be required to take out a merchant's license for the sale
of their products at the place of manufacture or in quantities of
not less than one (1) gallon.
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 State, 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 State; 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/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.
[CC 1991 §4-71; Ord. No. 48 §6, 6-6-1949]
Application for a license to sell intoxicating liquors under
the provisions of this Article shall be filed with the City Clerk
and shall be on forms to be furnished by the Clerk and signed and
sworn to by the applicant.
[Ord. No. 2011-1665 §1, 9-20-2011; Ord.
No. 2013-1715 §1, 12-17-2013; Ord. No. 2023-2026, 11-14-2023]
Upon the filing of an application for a license under this Article, such application shall be presented to the Board of Aldermen at its next regular or special meeting, and, upon approval of such application by a majority of the Board and upon payment of the license tax provided for in Section 600.200, the City Clerk shall issue a liquor license to the applicant to conduct such business in the City; provided, however, that not more than twenty (20) licenses for sales taxed under Section 600.200(7), (8) and (9) shall be issued or shall be in force and effect at any one (1) time; and provided further that no such license shall be issued except to the owner, proprietor or keeper of a bona fide tavern, restaurant or hotel dining room where food is regularly or customarily sold at tables for consumption or on the premises at retail in the ordinary and usual course of the restaurant business; and provided further that there shall be no more than two (2) licenses for sales taxed under Section 600.200(A)(5) and (6). Licenses for manufacturing, brewing, distilling or blending intoxicating liquors or manufacturing light wines taxed under Section 600.200(A)(1) to (4) shall not be limited in number, and Sunday licenses and temporary license permits taxed under Section 600.200(A)(10) to (15) shall not be limited in number.
[Ord. No. 2011-1665 §1, 9-20-2011]
No license for the sale of all kinds of intoxicating liquors
at retail, by the drink for consumption on the premises where sold
shall be hereafter transferred to a new location, nor shall any such
original license be hereafter issued to an applicant therefor unless
the following condition has been made and complied with: A hearing
before the Board of Aldermen with notices being sent fifteen (15)
days before the hearing to all property owners within three hundred
(300) feet from the proposed location in all directions.
[1]
Editor's Note — Ord. no. 2011-1665 §1, adopted September 20, 2011, repealed section 600.150 "on-premises consumption, stopping of transfer of location or renewal by neighboring property owners" and section 600.160 "issuance — restrictions" and enacted new provisions set out herein. Former sections 600.150 — 600.160 derived from CC 1991 §§4-72 — 4-73; ord. no. 48 §§6 — 7, 6-6-1949; ord. no. 520 §1, 11-19-1974; ord. no. 806 §2(9), 6-13-1989; ord. no. 811 §2, 8-14-1989; ord. no. 94-993 §1, 4-19-1994; ord. no. 2003-1320 §1, 5-20-2003.
[Ord. No. 2002-1290 §1, 10-15-2002; Ord. No. 2003-1308 §§1 — 3, 2-18-2003]
A.
Any
person or business who is licensed by the City to sell intoxicating
liquor in the original package shall be permitted to conduct light
wine and malt liquor tastings on the premises in which they are licensed
to sell intoxicating liquor in the original package, subject to the
following conditions:
1.
Such sampling or tasting shall be limited to a serving of one (1)
ounce samples and not more than a total of two (2) ounces to any one
(1) person per day;
2.
Consumption of the sample must take place within ten (10) feet of
the point where the sample is served, and;
3.
Except as specifically permitted by this Section, all other provisions
of this Chapter shall remain in effect;
4.
The licensee may charge a reasonable fee to cover the expenses associated
with the tasting event.
B.
A licensee
under this Section shall pay a license fee of twenty-five dollars
($25.00) a year payable at the same time and manner as other license
fees.
C.
Nothing
in this Section shall be construed to permit the licensee to sell
wine by the drink as defined in Section 311.100, RSMo., for consumption
on the licensed premises.
[CC 1991 §4-74; Ord. No. 48 §8, 6-6-1949]
A separate license shall be required under this Article for
each place of business. Every license issued under the provisions
of this Article 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.
[CC 1991 §4-74.1; Ord. No. 806 §2(4), 6-13-1989]
Licensees operating "qualified establishments", as defined in Section 311.099, RSMo., and having a license from the
State of Missouri and from the City of Frontenac for the sale of any
kind of intoxicating liquor by the drink for consumption on the premises
where sold and for sale of such liquor on such premises on Sundays
at prescribed hours, upon application by the licensee to the Board
of Aldermen, may also be granted a license to operate a controlled
access liquor cabinet system in accordance with the provisions of
Section 311.099, RSMo., now in force or as hereafter amended.
[CC 1991 §4-75; Ord. No. 48 §9, 6-6-1949; Ord.
No. 2008-1569 §1, 4-22-2008]
A.
No
license shall be issued under this Article where the place of such
sale is within one hundred (100) feet of any property used for church
or other place of worship or school purposes without the consent in
writing of the Board of Aldermen. 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.
The
proximity limitations of this Section shall not apply to:
1.
A license issued to any church, school, civic, service, fraternal,
veteran, political or charitable club or organization for sale of
such wine and malt liquor at any picnic, bazaar, fair, festival or
similar gathering or event held to commemorate the annual anniversary
of the signing of the Declaration of Independence of the United States,
or
2.
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.
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.
[CC 1991 §4-76; Ord. No. 48 §§10 — 12, 30, 6-6-1949; Ord. No. 71 §1, 3-2-1954; Ord. No. 147 §1, 8-26-1957; Ord. No. 436 §§1 — 3, 10-12-1971; Ord. No. 806 §2(10), 6-13-1989]
A.
Before
any license shall be issued for the manufacture or sale of intoxicating
liquors in the City, the applicant therefor shall pay to the City
a fee as follows:
2.
For selling to duly licensed wholesalers and soliciting orders for
the sale by or through a duly licensed wholesaler of intoxicating
liquors:
4.
a.
For the manufacture in quantities not exceeding seventy-five thousand
(75,000) gallons of light wines containing not more than fourteen
percent (14%) of alcohol by weight exclusively from grapes, berries
and other fruits and vegetables grown in the State, for each five
hundred (500) gallons or fraction thereof: $7.50.
b.
A manufacturer hereunder may sell directly to the consumer at the
winery in lots not exceeding five (5) gallons, and to duly licensed
wholesalers and retailers in lots of five (5) gallons or more.
5.
For the sale at retail of intoxicating liquors in the original package
and not for consumption on the premises where sold in connection with
a drugstore, a cigar and tobacco store, a general merchandise store,
a confectionery or delicatessen, or a store having and keeping a stock
of goods valued at least one thousand dollars ($1,000.00), exclusive
of fixtures and intoxicating liquors: $150.00.
6.
a.
For the sale of malt liquor and beer containing over three and two-tenths
percent (3.2%) alcohol but not over five percent (5%) alcohol by weight
by grocers and other merchants and dealers in the original package
direct to consumers and not for resale nor for consumption on the
premises where sold: $22.50.
b.
This license shall also permit the sale of non-intoxicating beer
in the original package direct to consumers, but not for resale.
7.
a.
For the sale of malt liquor and beer containing over three and two-tenths
percent (3.2%) alcohol but not over five percent (5%) alcohol by weight
or light wine as defined in Section 311.200, RSMo., containing not
in excess of fourteen percent (14%) alcohol by weight, or both, by
the drink for consumption on the premises where sold: $52.50.
b.
This license shall also permit the sale of non-intoxicating beer
by the drink for consumption on the premises where sold.
8.
a.
For the sale of any kind of intoxicating liquor by the drink for
consumption on the premises where sold or for consumption in a common
eating and drinking area as described in Section 311.096, RSMo.: $450.00.
b.
This license shall also permit the sale of intoxicating liquor in
the original package.
9.
For a restaurant bar licensed under Section 311.097, RSMo.: $300.00.
11.
For Sunday sales by organizations licensed under Section 311.090,
RSMo.: $300.00.
12.
For temporary permits to sell malt liquor and beer containing over
three and two-tenths percent (3.2%) alcohol by weight as authorized
under Section 311.215, RSMo.: $37.50.
13.
For temporary permits to sell wine, malt liquor and beer containing
over three and two-tenths percent (3.2%) alcohol by weight as authorized
under Section 311.218, RSMo., for not in excess of seven (7) days
between June fifteenth (15th) and July fifteenth (15th) in connection
with gatherings or events celebrating the annual anniversary of the
signing of the Declaration of Independence: $150.00.
14.
For temporary permits for the sale of intoxicating liquors for consumption
on the premises where sold by certain organizations as authorized
under Section 311.482, RSMo.: $37.50.
15.
For temporary permits for the sale of intoxicating liquor by caterers
and certain others by the drink for consumption on the premises pursuant
to Section 311.485, RSMo., per day or fraction thereof: $15.00.
[CC 1991 §4-77; Ord. No. 48 §21, 6-6-1949]
All fees collected by the Collector pursuant to the provisions
of this Article shall be accounted for and paid into the Treasury
as other funds collected by the Collector are accounted for and paid.
[CC 1991 §4-78; Ord. No. 48 §24, 6-6-1949]
The annual licenses issued under this Article shall be dated
July first (1st) and shall expire June thirtieth (30th) of the following
year, and the fees for such licenses shall be paid annually in advance.
Licenses may be issued for part of a year for businesses commenced
after July first (1st), and proportionate fees charged based on the
months or fraction of a month such licenses are to run to the next
June thirtieth (30th) following.
[CC 1991 §4-80; Ord. No. 48 §19, 6-6-1949]
All licenses issued pursuant to the provisions of this Article
shall be kept conspicuously posted in the place for which such license
was issued.
[CC 1991 §4-81; Ord. No. 48 §13, 6-6-1949]
A.
No
license issued under this Article shall be transferable or assignable
except as provided in this Section.
B.
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 for a transfer of 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.
C.
Whenever
one (1) or more members of a partnership withdraws from the partnership,
the remaining partners may be permitted to continue to operate for
the remainder of the period for which the license fee has been paid,
without obtaining a new license.
[CC 1991 §4-82; Ord. No. 48 §23, 6-6-1949]
Whenever it is shown to the Board of Aldermen that a dealer
licensed under this Article has not at all times kept an orderly place
or house, or has violated any of the provisions of this Article or
of the Liquor Control Act of the State, or has no license from the
State Supervisor of Liquor Control, or has made a false affidavit
in his/her application for a license, the Board of Aldermen, after
a hearing thereon, shall suspend or revoke the license of such dealer,
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 licensed stating the time, place, purpose and grounds therefor,
at which hearing the dealer may have counsel and produce witnesses
in his/her behalf.
[Ord. No. 2016-1794 § 1, 6-21-2016]
A.
The Board of Aldermen may suspend or revoke any license issued under
this Chapter for any one (1) or more of the following violations by
the licensee or his/her employee(s):
1.
Failure to prevent or suppress any violent quarrel, disorder,
brawl, fight or other improper or unlawful conduct of any person who
is upon the licensed premises;
2.
Failure to immediately report to the proper law enforcement
authorities an illegal or violent act that has been committed on or
about the licensed premises when the licensee or his/her employee
knew or should have known that said act occurred upon the licensed
premises;
3.
Failure to cooperate fully with law enforcement authorities
during the course of an investigation into an illegal or violent act
that was committed on or about the licensed premises;
4.
Permitting the performance of acts or simulated acts of sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation
or any sex acts which are prohibited by law;
5.
Permitting upon the licensed premises the display of any portion
of the areola of a female breast or permitting a failure to cover
the entire areola and entire front of a female breast with opaque
clothing;
6.
Permitting upon the licensed premises the actual or simulated
touching, caressing or fondling of the breast, buttocks, anus or genitals
of a person;
7.
Permitting upon the licensed premises the actual or simulated
display of the anus, vulva, genital or pubic hair or permitting a
failure to cover pubic hair, anus, vulva or genitals with opaque clothing;
8.
Permitting any person to remain on the licensed premises after
that person has exposed to public view any portion of his/her genitals
or anus or has failed at any time to have and keep opaque clothing
over all parts of his/her genitals and anus;
9.
Permitting upon the licensed premises the display of films,
video programs or pictures depicting acts which are prohibited by
this Chapter or are offenses involving indecency and obscenity as
set forth in the City of Frontenac Municipal Code of Ordinances, as
amended;
10.
Any violation of the provisions of this Code, including those
provisions of this Code relating to the issuance of licenses, or the
State laws and regulations governing the sale of intoxicating liquor
by the drink.
[CC 1991 §4-83; Ord. No. 48 §31, 6-6-1949]
It shall be unlawful for any manufacturer, distiller, brewer
or wholesaler in intoxicating liquor, either directly or indirectly,
to sell or deliver intoxicating liquor of any kind to any person in
the City not licensed under the provisions of this Article to sell
intoxicating liquors at retail.
A.
It
shall be unlawful for any person, holding a license for the sale of
malt liquor only, to possess, consume, store, sell or offer for sale,
give away or otherwise dispose of, upon or about the premises mentioned
in said license, or, upon or about said premises, to suffer or permit
any person to possess, consume, store, sell or offer for sale, give
away or otherwise dispose of, any intoxicating liquor of any kind
whatsoever other than malt liquor brewed or manufactured by the method,
in the manner, and of the ingredients, required by the laws of this
State. Whosoever shall violate any provision of this Section shall
be guilty of a misdemeanor, and upon conviction thereof by any court
of competent jurisdiction shall be punished as in this Chapter provided
as to misdemeanors. Upon such conviction becoming final, the license
of the person so convicted shall forthwith, and without other or further
action, order or proceeding, be deemed to have been revoked, and shall
by the licensee be forthwith surrendered to the supervisor and canceled.
B.
No
license for the sale of malt liquor only shall be issued to any person
having in his/her possession or on the premises to be licensed a federal
excise or occupational tax stamp or receipt, designating such person
or premises as the person or place for dealing in intoxicating liquor
other than malt liquors, or evidencing the payment of a tax for being
a dealer in liquors other than malt liquors. If any person having
a license for the sale of malt liquors only shall have in his/her
possession or on the licensed premises a federal excise or occupational
tax stamp or special tax receipt, designating such person or premises
as the person or place for dealing in intoxicating liquors, except
malt liquors, or evidencing the payment of a tax for being a dealer
in liquor other than malt liquors, the license of such person shall
be revoked by the supervisor. In any prosecution for the violation
of this Section, evidence that the defendant has in his/her possession
or upon the premises in question a federal excise or occupational
tax stamp or special tax receipt, designating such person or premises
as the person or place for dealing in intoxicating liquors other than
malt liquors, or evidencing the payment of a tax for being a dealer
in liquors, other than malt liquors, shall be deemed prima facie evidence
of a violation of the provisions of this Section.
C.
Any
person holding a license for the sale of malt liquor only, who shall
have in his/her possession or upon the licensed premises a federal
excise or occupational tax stamp or receipt, designating such person
or premises as the person or place for dealing in intoxicating liquors,
except malt liquors, or evidencing the payment of a tax for being
a dealer in liquor other than malt liquors, or for a term to expire
after the expiration of his/her permit, shall be deemed guilty of
a misdemeanor and upon conviction shall be punished by imprisonment
in the County Jail for a term of not less than three (3) months, nor
more than one (1) year, or by a fine of not less than one hundred
dollars ($100.00), nor more than one thousand dollars ($1,000.00),
or by both such fine and imprisonment.
