[Ord. No. 4663 §1, 1-3-2012]
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, except for non-intoxicating beer
as defined herein. 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.
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 in excess of three
and two-tenths percent (3.2%) by weight and 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.
NON-INTOXICATING BEER
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.
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 or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[Ord. No. 4672 §1, 4-16-2012]
A. No
person shall sell or offer for sale intoxicating liquor or non-intoxicating
beer in the City of Dexter without a currently valid liquor license
issued by the City. A separate liquor license shall be required for
each of the categories and subcategories of liquor sales in which
the licensee desires to engage as set forth herein.
B. General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor or non-intoxicating beer:
1. Package liquor — malt liquor only: Sales of
malt liquor at retail in the original package not for consumption
on the premises where sold.
2. Package liquor — non-intoxicating beer: Sales
of non-intoxicating beer at retail in the original package not for
consumption on the premises where sold.
3. Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(2) of this Section.
4. Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(5) of this Section.
5. Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section
600.010 of this Chapter and set out in Subsection
(6) hereof.
6. Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection
(B)(2) of this Section.
7. Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection
(B)(3) of this Section.
C. Sunday Sales. Any person who is licensed under the provisions
of this Chapter or who otherwise possesses the qualifications and
meets the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor or non-intoxicating beer on Sundays
between the hours of 6:00 A.M. and 1:30 A.M. on Mondays:
[Ord. No. 5009, 10-4-2021]
1. Package liquor — all kinds: Sales of liquor
of all kinds in the original package at retail not for consumption
on the premises where sold.
2. Liquor by the drink — restaurant bar: Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any restaurant bar.
3. Liquor by the drink — resort: Sales of liquor
of all kinds by the drink at retail for consumption on the premises
of any resort.
4. Liquor by the drink — amusement place: Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any amusement place.
D. Permits.
1. Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section
600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(3) and
(C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3. A Missouri winery may apply for a permit to provide samples of wine
provided that said winery has written permission from the owner of
a business located in a "C-1" district and provided the winery has
or will receive prior to such a wine tasting a temporary caterer's
permit from the Missouri Division of Alcohol and Tobacco Control.
[Ord. No. 4654 §1, 10-3-2011]
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
except that when a school, church or place of worship shall hereafter
be established within one hundred (100) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for this reason. This Subsection shall not apply to a holder of a
license issued pursuant to Sections 311.090, 311.218, 311.482, RSMo.,
or to any premises holding a license issued before January 1, 2004,
by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating
liquor.
[Ord. No. 4663 §3, 1-3-2012; Ord. No. 4672 §2, 4-16-2012]
A. The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1. General licenses.
a. Malt liquor — original package: $75.00.
b. Non-intoxicating beer — original package: $22.50.
c. Intoxicating liquor (all kinds) — original package: $75.00.
d. Malt liquor — by drink: $75.00.
e. Malt liquor and light wines — by drink: $75.00.
f. Non-intoxicating beer — by drink: $37.50.
g. Intoxicating liquor (all kinds) — by drink: $75.00.
2. Sunday sales. (Additional fees.)
a. Intoxicating liquor — original package: $300.00.
b. Restaurant bars : $300.00.
c. Amusement places: $300.00.
d. Liquor by the drink — charitable organizations: $300.00.
3. Permits.
a. Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
c. Temporary winery caterer's permit. A winery applying
for a temporary winery caterer's permit shall submit payment of fifteen
dollars ($15.00) per day for same.
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Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) 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).
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[CC 1974 §§50.240, 50.250, 50.260; Ord. No. 2949 §1(50.265), 5-1-1978; Ord. No. 3388 §1, 5-16-1988; Ord. No. 3389 §1, 5-16-1988; Ord. No. 3800 §1, 12-18-1995; Ord. No. 4041 §1, 6-5-2000; Ord. No. 4179 §2, 6-17-2002; Ord. No. 4192 §1, 8-5-2002; Ord.
No. 4320 §1, 1-3-2005; Ord. No. 4335 §1, 4-18-2005; Ord. No. 4339 §1, 6-6-2005; Ord. No. 4658 §1, 10-17-2011; Ord. No. 4663 §§2 — 3, 1-3-2012]
A. Licenses For Original Package Sales Limited. The City is
authorized to grant annual licenses to sell intoxicating liquor in
the original package, not to be consumed upon the premises where sold,
in a number not greater than fifteen (15) such licenses. The fee for
such licenses shall be seventy-five dollars ($75.00) per annum for
each of said licenses.
B. Liquor-By-Drink Licenses Limited. The Board of Aldermen,
or for renewal the City Administrator, is authorized to grant annual
licenses to sell intoxicating beer and/or light wines by the drink
at retail for consumption upon the premises where sold in a number
not greater than one (1) such license for each eight hundred seventy-five
(875) inhabitants of the City plus one (1) additional license for
a major fraction of an additional five hundred (500) inhabitants of
the City, as shown by the most recent Federal decennial census. The
fee for such licenses shall be seventy-five dollars ($75.00) per annum
for each of said licenses.
D. Non-Intoxicating Liquor — Original Package — Number Of
Licenses. The Board of Aldermen, or for renewal the City
Administrator, is authorized to grant annual licenses to sell non-intoxicating
beer in the original package, not to be consumed upon the premises
where sold, in a number not greater than three (3) such licenses.
The fee for such license shall be twenty-two dollars fifty cents ($22.50)
per annum for each of said licenses. The Board of Aldermen shall not
issue any other types of licenses for the sale of non-intoxicating
beer.
[Ord. No. 3430 §1(50.300), 2-21-1989]
A. Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk on a form to
be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
[Ord. No. 4732 §2, 11-4-2013]
B. Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C. Hearing On Application. Upon the filing of the application with the Collector, the Collector shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of the hearing. The hearing shall be conducted in accordance with Section
600.090 of this Chapter. The Board shall approve the application if after the hearing it finds that:
1. Issuance of the requested license would be in the best interests
of the locality of the proposed business;
2. The applicant is a person of good moral character, a native born
or naturalized citizen of the United States of America, a registered
voter and a taxpaying citizen of the City;
3. No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
4. The applicant has not been convicted since the ratification of the
Twenty-First Amendment to the Constitution of the United States of
the violation of any law applicable to the sale of intoxicating liquor,
or that such applicant has not employed in his/her business any person
whose license has been revoked or who has been convicted of violating
the provisions of such law since the date aforesaid;
5. The applicant plans and proposes to conduct a retail liquor business
in compliance with the laws of the State of Missouri, the ordinances
of the City and the provisions of this Chapter.
D. Upon
approval of any application for a license, the Collector shall grant
the applicant a license to conduct business in the City for a term
to expire with the thirtieth (30th) day of June next succeeding the
date of such license, unless such license be revoked or suspended
for cause before the expiration of such time.
E. Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. Such renewal application shall be
reviewed by the City Administrator. Upon approval and payment of the
license fee provided herein, the Collector shall renew the license.
[Ord. No. 4536 §1, 11-3-2008]
A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1. Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor or non-intoxicating beer.
2. In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out intoxicating liquor 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.
3. 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.
B. 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.
C. Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1. No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2. In addition to Subsection
(C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. 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 who has in his/her possession any intoxicating liquor or non-intoxicating beer as defined in Section
600.010, or who is visibly intoxicated, or who has a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood, is in violation of this Section.
E. 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.
[CC 1974 §50.220]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Chapter for cause or otherwise,
the City shall in no event return any part of the fee paid for such
license.