City of Desloge, MO Alcoholic Beverages

[CC 1990 §600.010; CC §50.010]

This Chapter shall be known as the Liquor Control Law.

[CC 1990 §600.020; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 96.039 §1, 7-8-1996]

Whenever used in this Chapter, unless a different meaning appears from the context, the following terms shall mean:

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., and in this Section. 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 not subject to inspection as provided by Sections 196.365 to 196.445, RSMo.

MALT LIQUOR

Shall mean any liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and extraction of hops or pure barley malt or wholesome grain or cereals and wholesome yeast or pure water.

NON-INTOXICATING BEER

Shall be construed to refer to and to mean any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.

PERSON

Shall mean and include any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal Court.

TAVERN

Shall mean a business licensed and operating under Section 311.200, RSMo., wherein the only alcoholic beverages sold are malt liquor in excess of three and two-tenths percent (3.2%) by weight and not to exceed five percent (5%) by weight or light wines containing not in excess of fourteen percent (14%) of alcohol by weight by the drink at retail for consumption upon the premises where sold. In addition, such business may obtain a license to sell the aforementioned beverages, in the original package, not to be consumed on the premises as authorized under Section 311.200, RSMo.

Section 600.030 License Required and Penalty.

[CC 1990 §600.030; Ord. No. 92.030 §§1 — 2, 6-8-1992]

It shall be unlawful for any person to sell or expose for sale in the City intoxicating liquor, malt liquor or non-intoxicating beer, in any quantity without taking out a license as herein provided.

Any person convicted of violating any provision of Chapter 600 of the Desloge Municipal Code shall be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment.

Section 600.035 License Fee.

[CC 1990 §600.035; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 93.017 §2, 6-15-1993; Ord. No. 2001.13 §1, 4-9-2001; Ord. No. 2003.20 §1, 8-28-2003; Ord. No. 2015.15, 6-8-2015; Ord. No. 2018.10, 3-12-2018]

For each license issued under this Chapter, there shall be paid to and collected by the City Clerk the annual charges as follows:

For every license permitting sale of intoxicating liquor in the original package not to be consumed on the premises, a fee of one hundred fifty dollars ($150.00) pursuant to Section 311.200(1), RSMo.

For every license permitting sale of malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight, in the original package not to be consumed on the premises, a fee of seventy-five dollars ($75.00), pursuant to Section 311.200(2), RSMo.

For every license issued for the sale of malt liquor at retail by drink for consumption on the premises where sold, the licensee shall pay the City Clerk a fee of seventy-five dollars ($75.00) and may sell malt liquor at retail between the hours of 9:00 A.M. and Midnight on Sunday pursuant to Section 311.200(3), RSMo.

For every license permitting sale of malt liquor in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight or light wines containing not in excess of fourteen percent (14%) of alcohol by weight by the drink at retail for consumption upon the premises where sold, a fee of seventy-five dollars ($75.00) pursuant to Section 311.200(4), RSMo.

For every license issued for the sale of all kinds of intoxicating liquor, at retail by the drink for consumption on the premises of the licensee, the licensee shall pay to the City Clerk the sum of four hundred fifty dollars ($450.00) per year, which shall include the sale of intoxicating liquor in the original package, pursuant to Section 311.200(5), RSMo.

Resorts, seasonal resort restaurants, restaurants, sale of liquor by the drink, resort defined — temporary license, new businesses, pursuant to Section 311.095, RSMo., when:

As used in this Section the term "resort" means any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (b) of this Section. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross receipts requirements of this Subsection, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.

A seasonal resort restaurant is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty percent (50%) of all gross sales of such restaurant shall be sales of prepared meals. Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty percent (50%) shall be sales of prepared meals. The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid. Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license. Nothing in this Subsection shall prohibit a seasonal resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this Chapter.

The times for opening and closing the establishments as fixed in Section 311.290, RSMo., the authority for the collection of fees by counties as provided in Section 311.220, RSMo., and for other laws and regulations of the State relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to resorts in the same manner as they apply to establishments licensed under Section 311.090, RSMo.

Any new resort or restaurant establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of an annual gross receipts of not less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

For a license authorizing the sale of intoxicating liquor by the drink for resorts, a fee of four hundred fifty dollars ($450.00).

Restaurant bar, Sunday sales, when — restaurant bar defined — temporary license, new business, when — sports stadium, certain Counties, special provisions, pursuant to Section 311.097, RSMo.:

Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City may issue, a license to sell intoxicating liquor, as in this Chapter defined, between the hours of 9:00 A.M. on Sunday and Midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar as described in the application. As used in this Section, the term "restaurant bar" means any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.

The authority for the collection of fees by Cities and Counties as provided in Section 311.220, RSMo., and all other laws and regulations of the State related to the sale of liquor by the drink for consumption on the premises where sold, shall apply to a restaurant bar in the same manner as they apply to establishments licensed under Sections 311.085, 311.090 and 311.095, RSMo., and in addition to all other fees required by law, a restaurant bar shall pay an additional fee of three hundred dollars ($300.00) per year payable at the same time and in the same manner as its other license fees.

Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license based on the costs of the annual license for the establishment.

Amusement places, Sunday sales, when, limitation — amusement place defined — temporary license, new business, pursuant to Section 311.098, RSMo., when:

Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City may issue, a license to sell intoxicating liquor, as defined in this Chapter, between the hours of 9:00 A.M. and Midnight on Sunday by the drink at retail for consumption on the premises of any amusement place as described in the application. As used in this Section, the term "amusement place" means 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 in non-alcoholic sales.

The authority for the collection of fees by Cities and Counties as provided in Section 311.220, RSMo., and all other laws and regulations of the State relating to the sale of liquor by the drink for consumption on the premises where sold, shall apply to an amusement place in the same manner as they apply to establishments licensed under Sections 311.085, 311.090 and 311.095, RSMo., and in addition to all other fees required by law, an amusement place shall pay an additional fee of two hundred dollars ($200.00) per year payable at the same time and in the same manner as its other fees.

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 9:00 A.M. and Midnight on Sunday 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.

Nothing in this Section shall be construed to permit the licensee to sell intoxicating liquor, malt liquor or beer for off-premises consumption.

Any charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of Federal income taxes as provided in Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the United States Internal Revenue Code of 1954, as amended, may apply for, and the Supervisor of Liquor Control may issue, a license to sell intoxicating liquor, as defined in this Chapter, between the hours of 9:00 A.M. and Midnight on Sunday by the drink at retail for consumption on the premises described in the application. The authority for the collection of fees by Cities and Counties as provided in Section 311.220, RSMo., and all other laws and regulations of the State relating to the sale of liquor by the drink for consumption on the premises where sold. The fee for an organization licensed under this Section shall be three hundred dollars ($300.00).

10.

Notwithstanding the limitations herein imposed, a permit for the sale of malt liquor or non-intoxicating beer as defined in Section 600.020 of this Chapter, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor or intoxicating beer 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 aforesaid malt liquor or intoxicating beer for more than seven (7) days by any said organization as described above in any fiscal year.

For each temporary permit issued, the licensee shall pay the City Clerk the sum of thirty-seven dollars fifty cents ($37.50).

11.

The fees required by this Section are in addition to all other taxes required by the ordinances of this City.

12.

All applications for licenses under this Chapter shall contain information to establish that the premises to be licensed meets the requirements of this Chapter.

13.

For a permit authorizing the sale in this State by any distributor or wholesaler, containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler with this State other than the manufacturer or brewer thereof, of intoxicating beer the sum of three hundred dollars ($300.00) pursuant to Section 311.180(2), RSMo.

14.

The license fee for any qualified establishment to sell intoxicating liquor in the original package from 9:00 A.M. to Midnight on Sundays shall be three hundred dollars ($300.00). This fee is assessed only on qualified applicants seeking the license to sell intoxicating liquor in the original package on Sunday pursuant to Section 311.293(1), RSMo.

15.

The license fee for any qualified establishment to sell intoxicating liquor by the drink from 9:00 A.M. to Midnight on Sundays shall be three hundred dollars ($300.00) which is the maximum amount allowed by the State Statute. This fee is assessed only on qualified applicants seeking the license to sell intoxicating liquor on Sunday pursuant to Section 311.293(2), RSMo.

16.

It is the intent of the Board of Aldermen to charge the maximum license fee for the sale of beverages under this Chapter therefore if the State allows a larger fee or reduces the fee the City may charge for a license the City desires the minimum license fee be the requirement.

17.

Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under the provisions of this Chapter, may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises. A licensee under this Section shall pay to the City Clerk the sum of thirty-seven dollars fifty cents ($37.50) per year, payable at the same time and manner as other license fees. Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on premises consumption.

Section 600.040 Qualifications — Applications.

[CC 1990 §600.040; CC §50.040; Ord. No. 92.030 §§1 — 2, 6-8-1992]

No person shall be granted a license hereunder unless such person is of good moral character nor shall any corporation be granted a license unless the managing officer of such corporation is of good moral character; and no person shall be granted a license hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment of the Constitution of the United States, or 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 laws since the date aforesaid.

Application forms for all licenses mentioned in this Chapter shall be obtained from the City Clerk and shall be filed with the City Clerk accompanied with a remittance made payable to the City of Desloge in the amount of the license fee required immediately after the application as made and provided for by this Chapter shall have been filed, the City Clerk shall turn the same over to the Board of Aldermen, who shall proceed as soon as possible, to investigate the qualifications of said applicant for said license; and if after said investigations, said Board of Aldermen shall find and determine said applicant has met all requirements of the laws of the State of Missouri as set forth in Chapters 311 and 312, RSMo., and the ordinances of this City, said Board of Aldermen shall so report to the City Clerk. Upon applicant's remittance, said liquor license shall be signed by the Mayor and attested by the City Clerk, and the City Clerk shall affix thereto the corporate Seal of said City. Immediately upon receipt of said license and remittance, the City Clerk shall countersign the liquor license and issue it to the applicant.

Upon disapproval of any application for a liquor license as provided in this Chapter, the City Clerk shall so notify the applicant in writing setting forth therein the ground and reasons for such disapproval, and shall return therewith the applicant's remittance.

The Board of Aldermen shall not approve any application for a license to sell malt liquor, intoxicating liquor or non-intoxicating beer by the drink at retail for consumption upon the premises where sold, unless the Board of Aldermen shall find that the building or structure where the business is to be operated is reasonably well ventilated and lighted, is reasonably safe from fire, has at least two (2) points of exit in case of fire, has doors that open outwardly, has separate restroom facilities for male and female, has adequate cooling and heating facilities, and if the premises where any malt liquor, intoxicating liquor or non-intoxicating beer is to be sold by the drink at retail consumption upon the premises is located in either a basement or the second story of a building or structure, or above the second story, all stairways leading to the ground level are four (4) feet wide and all steps are constructed of non-combustible materials, and that said premises are not dilapidated, decayed, unsafe, or unsanitary to the point of endangering the health or safety of customers.

No license or permit provided for or required under any Subsection of this Section, shall hereafter be issued to the person, firm, association or corporation until all the City real estate, personal property, merchants' and manufacturers' taxes be assessed against the applicant for such license or permit and which said taxes are due and payable shall have first been paid.

Every license issued under the provisions of this Chapter shall particularly describe the premises and type of sale permitted, and such license shall not be deemed to authorize or permit any other type of sale or sale at any place other than that described therein, except a license to sell intoxicating liquor in the original package not to be consumed on the premises shall permit the sale of malt liquor in the original package not to be consumed on the premises.

Section 600.050 Bonds Required — Amount.

[CC 1990 §600.050; CC §50.050; Ord. No. 92.030 §§1 — 2, 6-8-1992]

Before any application for license shall be approved as provided in this Chapter, the licensee shall first execute a bond, to be given to the City, in the sum of two thousand dollars ($2,000.00), with sufficient surety, such bond to be approved by the Board of Aldermen of the City, conditioned that the person obtaining said license shall keep at all times an orderly house, that he/she will not sell, give away or otherwise dispose of, or suffer the same to be done about his/her premises, any intoxicating liquor in any quantity to any minor, and conditioned that he/she will not violate any of the provisions of this law and that he/she will pay all taxes and license fees as provided for in this Chapter, together with all fines, penalties and all forfeitures which may be adjudged against him/her under the provisions of this Chapter.

Section 600.060 Restrictions On Sale of Liquor.

[CC 1990 §600.060; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 93.006 §1, 4-12-1993]

It shall be unlawful for any person to sell or supply any intoxicating liquor, malt liquor or non-intoxicating beer to any person under the age of twenty-one (21) years or to any person who is under, or appears to be under, the influence of alcohol or drugs.

Transfer Of License.

No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law may make application and the Supervisor of Liquor Control 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 Supervisor of Liquor Control, 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.

No license shall be granted under this Chapter for the sale of intoxicating liquor, malt liquor or non-intoxicating beer for any premises located within one hundred (100) feet of any school, church or other building regularly used as a place of worship.

Section 600.065 Time Fixed For Opening and Closing Premises — Penalty.

[CC 1990 §600.065; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 93.017 §1, 6-15-1993]

No person having a license under this law, nor any employee of such person, except as provided in Subsection (B) of this Section, 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. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of a class A misdemeanor. 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.

Any person licensed pursuant to Section 311.200, RSMo., shall not be permitted to 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. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.

Section 600.070 Minors.

Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.

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 or non-intoxicating beer.

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 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.

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.

Sales To Minor — Exceptions. 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 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 while serving in the capacity as an employee of a licensed establishment.

Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.

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 cases authorized by law.

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., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.

Minors In Possession Of Intoxicating Liquor, Non-Intoxicating Beer. 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 or non-intoxicating beer as defined in Section 600.020 is in violation of this Section. For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor or non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is intoxicating liquor or non-intoxicating beer in such container. The alleged violator may allege that there was no intoxicating liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.

Section 600.075 Enforcement Provisions.

[CC 1990 §600.075; Ord. No. 92.030 §§1 — 2, 6-8-1992]

It shall be the duty of the Chief of Police and City Police Officers to diligently and impartially enforce this Chapter.

Section 600.080 Power To Revoke License Granted Under This Chapter.

[CC 1990 §600.080; Ord. No. 92.030 §§1 — 2, 6-8-1992]

Whenever it shall be shown by competent evidence, that a person licensed under this Chapter, has not at all times kept an orderly house or place, or has violated any of the provisions of the Missouri State Liquor Control Law as set forth in the Missouri Revised Statutes, or the provisions of this Chapter, the Board of Aldermen shall revoke the license of said dealer, but the dealer must have ten (10) days notice of the application to revoke his/her license prior to the order of revocation being issued, with full right to have counsel and to be advised in writing of the grounds upon which his/her license is sought to be revoked.

A conviction in any court of a violation of this Chapter shall have the effect of automatically revoking the license of the person convicted, and such revocation shall continue until said case is finally disposed of, and if the defendant is finally acquitted, he/she may reapply for and receive a license hereunder, upon paying the regular license charge therefor, in the same manner as though he/she had never possessed a license hereunder, however violation of Section 311.070, RSMo., does not apply to this Section.

Section 600.090 Penalties.

[CC 1990 §600.090; Ord. No. 92.030 §§1 — 2, 6-8-1992]

Any person convicted of violating any provisions of this Chapter shall be adjudged guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or by imprisonment in the City Jail not exceeding ninety (90) days, or by both such fine and imprisonment.

Section 600.100 Limit On Number of Licenses and Restrictions Applicable To Taverns.

[CC 1990 §600.100; Ord. No. 92.030, §§1 — 2; 6-8-1992; Ord. No. 93.007 §1, 4-12-1993; Ord. No. 96.040 §1, 7-8-1996]

No license for the sale of intoxicating liquor, malt liquor or non-intoxicating beer at retail by the drink, shall hereafter be issued when the issuing thereof will increase the number of taverns to a greater number than one (1) tavern for every two thousand (2,000) people within this City, as estimated by the Board of Aldermen. For the purpose of this Chapter any major fraction of two thousand (2,000) people shall be counted as two thousand (2,000) people. Provided, that this Section shall not be construed so as to require the cancellation or invalidation, or to prevent the issuing of or the regular annual renewal of any retail liquor license now outstanding, to the holder thereof or to any other person who shall subsequently acquire the business now operated by the present holder of such retail liquor license.

No license shall be granted to sell malt liquor by the drink or non-intoxicating beer by the drink unless the premises to be licensed have a minimum of two (2) exits leading directly from the bar room to the outside, one being located at the front and the other being located at the rear of the building. Side exits easily accessible may be installed in place of rear exits. Such exits shall have a minimum width of thirty-six (36) inches. All exit doors shall be arranged to swing outward and be so constructed that they can be readily opened from the inside with pressure, and shall never be locked or fastened when the business is open to the public. All such exit doors shall open upon a well lighted street, alley or private passageway having unobstructed access to a street or another alley. Each exit door must have an electric light above each doorway with "exit" in letters no less than six (6) inches in height and three (3) inches in breadth, and the current shall be on a circuit separate from general house lights.

No license shall be granted to sell malt liquor by the drink or non-intoxicating beer by the drink unless the premises licensed has separate restroom facilities for male and female customers.

No license shall be granted to sell malt liquor by the drink or non-intoxicating by the drink if the proposed licensed premises is located in either a basement or the second story, or above, a building or structure unless all stairways leading to the ground level are four (4) feet wide and all steps are constructed of non-combustible materials and each exit required by this Chapter shall have such stairways.

Section 600.110 This Chapter Not To Invalidate Licenses Already Issued.

[CC 1990 §600.110; Ord. No. 92.030 §§1 — 2, 6-8-1992]

Nothing in this Chapter shall be construed to require the cancellation or invalidation, or to prevent the regular annual renewal of any retail liquor license now outstanding, to the holder thereof, or to a person as specified in Section 600.100 of this Chapter, but shall prevent the issuing of any new license hereafter unless the same shall come within the foregoing provisions of this Chapter.

Section 600.120 Revocation of Licenses.

[CC 1990 §600.120; Ord. No. 92.030 §§1 — 2, 6-8-1992]

Any said license issued by the City not put into service within ninety (90) days from the date of issuance of the said license is revoked automatically.

The term "put into service" is defined herein as: Actually opening and operating a bona fide permanent retail business, complying with all laws and regulations. Said retail business must actually offer for sale the intoxicating and/or non-intoxicating liquors and beer for which the said license is issued.