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:
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.
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.
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
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.
[R.O. 2012 §600.100; CC 1992 §3-10; Ord. No. 1495 §11, 3-7-1977]
All applications for licenses under this Chapter shall be made
in writing to the Board of Aldermen and shall be filed in the office
of the City Clerk, with the date of filing being noted thereon by
the City Clerk, and shall be presented to the Board of Aldermen at
its first (1st) regular meeting thereafter, or at a special meeting
of the Board of Aldermen called for the purpose of consideration of
such application.
[R.O. 2012 §600.090; CC 1992 §3-4; Ord. No. 1495 §5, 3-7-1977]
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 City, 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 County, Town or City; 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.
B. Licenses Not To Be Issued — When.
1. No person, partnership or corporation shall be qualified for a license
under this law if such person, any member of such partnership, or
such corporation, or any officer, director, or any stockholder owning,
legally or beneficially, directly or indirectly, ten percent (10%)
or more of the stock of such corporation, or other financial interest
therein, or ten percent (10%) or more of the interest in the business
for which the person, partnership or corporation is licensed, or any
person employed in the business licensed under this law shall have
had a license revoked under this law or shall have been convicted
of violating the provisions of any law applicable to the manufacture
or sale of intoxicating liquor since the ratification of the twenty-first
amendment to the Constitution of the United States, or shall not be
a person of good moral character.
2. No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor so long as any such employee does not
directly participate in retail sales of intoxicating liquor. Each
employer shall report the identity of any employee convicted of a
felony to the Division of Liquor Control. The Division of Liquor Control
shall promulgate rules to enforce the provisions of this subdivision.
3. No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in this
Section.
C. A "resident corporation" is defined to be a corporation incorporated
under the laws of this State, all the officers and directors of which,
and all the stockholders, who legally and beneficially own or control
sixty percent (60%) or more of the stock in amount and in voting rights,
shall be qualified legal voters and taxpaying citizens of the county
and municipality in which they reside and who shall have been bona
fide residents of the State for a period of three (3) years continuously
immediately prior to the date of filing of application for a license,
provided that a stockholder need not be a voter or a taxpayer, and
all the resident stockholders of which shall own, legally and beneficially,
at least sixty percent of all the financial interest in the business
to be licensed under this law; provided, that no corporation, licensed
under the provisions of this law on January 1, 1947, nor any corporation
succeeding to the business of a corporation licensed on January 1,
1947, as a result of a tax-free reorganization coming within the provisions
of Section 112, United States Internal Revenue Code, shall be disqualified
by reason of the new requirements herein, except corporations engaged
in the manufacture of alcoholic beverages containing alcohol in excess
of five percent by weight, or owned or controlled, directly or indirectly,
by nonresident persons, partnerships or corporations engaged in the
manufacture of alcoholic beverages containing alcohol in excess of
five percent (5%) by weight.
D. The
term "financial interest" as used in this Chapter
is defined to mean all interest, legal or beneficial, direct or indirect,
in the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or in consideration of interest
in, or for use of, the capital devoted to the enterprise, or for property
or money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
E. The
supervisor shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the supervisor.
[Ord. No. 3800 §1, 6-10-2013]
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 (includes Sunday sales): $22.50.
b. Intoxicating liquor (all kinds), original package: $150.00.
c. Malt liquor by drink (includes Sunday sales): $52.50.
d. Malt liquor and light wines, by drink: $52.50.
e. Intoxicating liquor (all kinds), by drink: $275.00.
2. Sunday sales. (additional fees).
a. Intoxicating liquor at retail: $175.00.
3. Permits.
a. Temporary permit, by the drink for certain organizations (seven days
maximum): $25.00.
c. Caterers (per each calendar day): $25.00.
[R.O. 2012 §600.160; CC 1992 §3-13; Ord. No. 1495 §14, 3-7-1977]
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 license fee paid
for such license.
[R.O. 2012 §600.135; Ord. No. 3268 §1, 7-9-2007; Ord.
No. 3474 §1, 8-10-2009]
A. Notwithstanding any other provision of this Chapter to the contrary, the City Clerk may, upon proof of a Missouri State liquor license, issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink for consumption on the premises pursuant to the provisions of Chapter
600 of this Code who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo.
B. Notwithstanding
any other provision of this Chapter to the contrary, the City Clerk
may, upon proof of a Missouri State liquor license, issue a temporary
picnic permit to sell intoxicating liquor or five percent (5%) beer
by the drink for consumption to non-profit organizations who furnish
provisions and service for use at a particular function, occasion
or event at a particular location, but not including a "festival"
as defined in Chapter 316, RSMo.
C. All
provisions of the ordinances, rules and regulations of the City shall
extent to such premises and shall be enforced and enforceable during
all the time that the permittee, its agents, servants, employees or
stock are in such premises. Except for Missouri-produced wines in
the original package, this Section will not include the sale of packaged
goods covered by this temporary permit.
D. Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
liquor license and a valid liquor license issued by any City or County
may deliver alcoholic beverages in the City of Union in the course
of his/her catering business. A caterer who possesses a valid Missouri
and valid local liquor license need not obtain a separate license
for each City the caterer delivers in, so long as such City permits
any caterer to deliver alcoholic beverages within the City.
[Ord. No. 3800 §1, 6-10-2013]
A. Any
person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a table tap dispensing system to
allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed thirty-two (32) ounces
per patron per authorization, to be dispensed by the table tap dispensing
system.
B. No
provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish table tap dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of table tap dispensing
systems.
[R.O. 2012 §600.140; CC 1992 §3-11; Ord. No. 1495 §12, 3-7-1977]
A. Each
license issued in compliance with this Chapter shall expire on June
thirtieth (30th) next succeeding the beginning date of such license.
Of the annual license tax to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months, with part
of a month to be counted as one (1) month, remaining from the date
of the license to the next succeeding July first (1st).
B. All
licenses granted in renewal of a license expiring on June thirtieth
(30th) of any year shall be granted and issued for a period of one
(1) year beginning on July first (1st) of the year in which granted
and issued and shall expire on June thirtieth (30th) of the next succeeding
year. No license shall be given a beginning date prior to the day
of approval of application and granting of such license by the Board
of Aldermen.
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.