Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet, and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least twenty-five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes, and which has annual gross receipts of at least
one hundred thousand dollars ($100,000.00) of which at least fifty
thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LICENSEE
Any person holding a valid current license or permit under
this Chapter.
[Ord. No. 2013, 4-21-2022]
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
MANAGING OFFICER
A person in a corporation's employ, either as an officer
or an employee who is vested with the general control and superintendence
of a whole or particular part of, the corporation's business at a
particular place. If the office of the managing officer of a corporation
licensed under this Chapter becomes vacant, the licensee must secure
a managing officer qualified under this Chapter within fifteen (15)
days after such vacancy occurs in order for the license issued hereunder
to remain valid and in effect.
[Ord. No. 2013, 4-21-2022]
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also
be construed and held to refer to any package containing three (3)
or more standard bottles of beer.
PERSON
Includes any business entity association or organization
of any kind or character, including but not limited to individuals,
sole proprietors, partnerships, corporations, limited liability companies,
trust, conservator or other officer appointed by any State or Federal
court, or any other legal entity.
[Ord. No. 1741 §2, 8-21-2008]
PREMISES
As used in this Chapter, shall include the entire building
in which the licensee hereunder has his/her place of business and
any additional building used in connection therewith, and the entire
lot or lots, parcel or parcels of land in which said buildings are
situated, or which are used in connection with said building.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
RESTAURANT BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
SALE BY THE DRINK
The sale of individual intoxicating beverages for consumption
on the premises.
[Ord. No. 2013, 4-21-2022]
[Ord. No. 893 §5, 6-5-1979; Ord. No. 1741 §1, 8-21-2008]
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 State, nor shall any corporation be granted a license
hereunder unless the managing officer and each stockholder holding
ten percent (10%) or more of the shares of such corporation is of
good moral character and the managing officer is 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
21st 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.
B. No
license may be issued for any premises upon which any gasoline or
motor vehicle fuels are sold.
C. No
license may be issued for any business or premises that does not have
a valid business license or is not in compliance with all other ordinances
of the City of Woodson Terrace.
[Ord. No. 893 §§10 —
11, 6-5-1979; Ord. No.
930 §1, 7-1-1980; Ord. No. 988 §16, 11-4-1982; Ord. No. 1159 §1, 10-22-1987; Ord. No. 1166 §§1 — 2, 1-7-1988; Ord. No. 1632 §1, 2-10-2005; Ord. No. 1634 §1, 4-14-2005]
A. Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor in the original package, not to be
consumed upon 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: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a confectionery
or delicatessen store, nor to any such 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. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B. Newly-Opened Restaurant Bars Or Amusement Places.[Ord. No. 2013, 4-21-2022]
1. 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 6:00 A.M. on Sunday and 1:30 A.M. on Monday 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.
2. Any new amusement place 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 6:00 A.M. on Sunday and 1:30 A.M. on Monday for a period
not to exceed ninety (90) days if the amusement place can show a projection
of 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 are in non-alcoholic sales for the first (1st) year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
C. Temporary Permit For Sale By Drink — Certain Organizations.
1. Notwithstanding any other provision of this Chapter, a permit for
the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for the sale of such intoxicating liquor at a picnic,
bazaar, fair or similar gathering. The permit shall be issued only
for the day or days named therein and it shall not authorize the sale
of intoxicating liquor for more than seven (7) days by any such club
or organization.
2. If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 6:00 A.M.
[Ord. No. 2013, 4-21-2022]
3. At the same time that an applicant applies for a permit under the
provisions of this Subsection, the applicant shall notify the Director
of Revenue of the holding of the event by certified mail and by such
notification shall accept responsibility for the collection and payment
of any applicable sales tax.
4. No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler or distributor from providing customary
storage, cooling or dispensing equipment for use by the permit holder
at such picnic, bazaar, fair or similar gathering.
D. Operating Hours, Days.
1. No person having a license under the provisions of this Chapter shall sell, give away, or otherwise dispose of or suffer the same to be done upon or about the premises 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. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section
600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday, and provided further that 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 the intoxicating liquor is dispensed, and provided further that where such licenses are held by restaurants or stores whose business is conducted in one (1) room only and substantial quantities of food and merchandise, other than intoxicating liquor, 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.
2. 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 this Chapter to the contrary.
E. Limitation Of License By Number. The number of licenses
allowed for each is listed as follows:
[Ord. No. 2043, 5-15-2024]
1. Not more than eight (8) licenses for sale of intoxicating liquor
by the drink at retail for consumption on the premises where sold
shall be issued and in effect at any one (1) time.
2. Not more than two (2) liquor licenses for the sale of beer, malt
liquor and light wine for consumption on the premises where sold shall
be issued and in effect at any one (1) time.
3. Not more than (2) licenses for sale of intoxicating liquor in the
original package shall be issued and in effect at any one time.
4. Not more than two (2) licenses for sale of intoxicating beer, malt
liquor and light wine in the original package shall be issued and
in effect at any one (1) time.
F. General License Regulations.
1. Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2. A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3. 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 Chapter, may make application
and the Clerk 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. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
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.
4. In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
[Ord. No. 893 §6, 6-5-1979; Ord. No. 973 §1, 6-3-1982]
A. Applications
for a license, either new or renewal hereunder, shall be made to the
City Clerk on forms prescribed from time to time by the Board of Aldermen
and shall be accompanied by deposit of the license fee and by such
supporting information or documents as the Board of Aldermen may require
in the administration of this Chapter and in the exercise of its discretion
to grant or deny a license hereunder. In the exercise of its discretion
to issue or deny a new or renewal license, the Board of Aldermen shall
consider among other things the following:
1. The reputation of the applicant for compliance with State law and
municipal ordinances regulating the sale of intoxicating liquor.
2. Arrests or convictions for violation of State and Federal law or
municipal ordinances, particularly with respect to the sale of intoxicating
liquor.
3. The nature of the applicant's business, the manner of conduct of
the business, the number of personnel employed by the applicant and
the number employed or to be employed at the particular premises for
which the license is sought, whether or not the applicant has a high
rate of turnover of employees, the means and methods employed by applicant
to insure compliance with all laws and ordinances respecting dispensation
of intoxicating liquor.
4. No license may be issued unless the Board of Aldermen determines
under all of the circumstances that the applicant's business will
be operated in a manner in strict compliance with all of the laws
of this State governing the dispensation of intoxicating liquor and
the regulations of the Division of Liquor Control and the ordinances
of the City of Woodson Terrace pertaining thereto.
5. No license shall be issued for the sale of intoxicating liquor at
retail by the drink unless the application therefor is accompanied
by a petition signed by a majority of the assessed taxpaying citizens
owning property and by the majority of the persons occupying or conducting
any business on the main or the surface floor of buildings, within
the City limits, within a distance of five hundred (500) feet in all
directions, except that no such petition shall be required at and
for any premises for which such a petition was secured and for which
a license was previously issued.
6. Each application for a license shall fully identify the makeup of
each "person," as hereinabove defined, having any interest in the
conduct of the business licensed, including persons conducting any
other business on the premises described in the application filed
pursuant to this Chapter.
[Ord. No. 1741 §2, 8-21-2008]
[Ord. No. 893 §7, 6-5-1979]
A. All
licenses shall be issued only upon order of the Board of Aldermen
in its sole discretion. A separate license shall be required for each
place of business of the applicant.
B. Licenses
shall be signed by the Mayor, City Clerk and Collector, shall contain
the name of the licensee, a description of the place licensed, the
class of sales permitted thereunder, the amount of the fee, and other
data deemed pertinent, and no license shall be deemed to authorize
sales at any place other than that described therein. Licenses shall
be posted and maintained by the licensee in a conspicuous place in
the premises licensed for the sale of intoxicating liquor.
C. All
licenses shall be for a term to expire with the thirtieth (30th) day
of June next succeeding the date of such license. Of the license tax
to be paid for any such license, the applicant shall pay as many twelfths
(1/12) as there are months (part of a month counted as a month) remaining
from the date of the license to the next succeeding July first (1st).
D. Application
must be made annually for renewal of licenses on or before the first
(1st) day of June of each calendar year.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
[Ord. No. 893 §17, 6-5-1979]
Every act or thing done by an agent or employee of any person
to whom a license is issued hereunder shall be deemed to be the act
of the licensee for purposes of this Chapter whether authorized or
ratified by such person or not.
[Ord. No. 1332 §1, 11-10-1994]
It shall be illegal for any retailer to sell or offer for sale
any beer, ale or malt liquor products in glass containers of sixteen
(16) ounces or greater content, that are chilled or refrigerated at
the time of sale or offer to a temperature less than the room temperature
of the licensed premises at which said sale or offer occurs.
[Ord. No. 1755 §1, 5-21-2009]
No liquor license shall be issued for any premises not having
and displaying a valid current business license or to any person as
defined in this Chapter who is in arrears in payment of any business
license fees or taxes for the two (2) preceding fiscal years together
with any penalties or interest due thereon.
[Ord. No. 1775 §§1 —
4, 9-17-2009]
A. In
the event an application for renewal of a liquor license is denied,
the applicant, upon written request to the Board of Aldermen, filed
with the City Clerk, shall be granted an opportunity to show cause,
at a hearing before the Board of Aldermen, why the license should
be renewed. Such request shall be filed within ten (10) days of receipt
of notice of denial, which shall be given by ordinary U.S. mail, postage
prepaid, addressed to the applicant at the place of business for which
the license is sought.
B. The
City Clerk shall schedule the show cause hearing not more than ten
(10) business days after receipt of such request.
C. Notice
in writing of the date, time and place of the hearing before the Board
shall be given by ordinary U.S. mail, postage prepaid, addressed to
the applicant at the place of business for which the license is sought.
D. The
applicant may be represented by counsel, have witnesses appear on
its behalf and present such matters and any documentation it desires
in support of its showing of cause for issuance of a renewal license.
The Board of Aldermen shall also hear and consider evidence and information
bearing on the show cause issue from any other interested party.