Cross References — As to licenses and business regulations, ch. 605; as to dealing in alcoholic beverages by taxicab drivers or owners prohibited, §645.370.
State Law References — Liquor control law, ch. 311, RSMo.;
municipal authority to require liquor licenses, §311.220, RSMo.
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:
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.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
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.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
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 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.
A.
No
person shall sell or offer for sale intoxicating liquor in the City
of Poplar Bluff 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:
1.
Package liquor — malt liquor only: Sales of
malt liquor at retail in the original package not for consumption
on the premises where sold. This license may include Sunday sales
from 9:00 A.M. to Midnight.
2.
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 Subsection (B)(1) of this Section.
4.
Malt liquor by the drink: Sales of malt liquor at
retail by the drink for consumption on the premises. This license
may include Sunday sales from 9:00 A.M. to Midnight.
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 on Sundays between the hours
of 9:00 A.M. and Midnight:
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 — amusement place: Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any amusement place.
4.
Liquor by the drink — place of entertainment: Sales of liquor of all kinds by the drink at retail for consumption
on the premises of any place of entertainment.
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 — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) 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.
Tasting permit — winery, distiller, manufacturer, etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.
[Ord. No. 7389 §1, 1-7-2013]
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.
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 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 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 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.
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The City Clerk may issue a permit for the sale of intoxicating liquor
for consumption on premises where sold to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for sale 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 11:00 A.M.
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 issued pursuant to this Chapter, nor any
employee of such person shall sell, give away or permit the consumption
of, 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, upon or about his/her premises,
except as otherwise authorized and licensed for Sunday sales. Any
person licensed to sell intoxicating liquor by the drink shall keep
a closed place during the aforementioned prohibited times.
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.
(Reserved)
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 Council. Any change of
location of the enterprise prior to issuance of such an amended license
shall constitute a violation of this Section.
[R.O. 2007 §5-5; Ord. No. 1864 §4, 4-7-1958; Ord.
No. 4673 §1, 5-27-1982]
A.
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,
unless the applicant for the license shall first obtain the consent
in writing of the City Council, 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. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C.
Subsection (A) of this Section shall not apply 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. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[R.O. 2007 §§5-32, 5-33; Rev. Ords. 1951 §§19.060,
19.220; Ord. No. 4060 §§3 —
4, 1-7-1974; Ord. No.
5220 §1, 11-7-1988; Ord. No. 5632 §2, 6-7-1993; Ord. No. 5678 §2, 11-1-1993; Ord. No. 6706 §1, 6-7-2004]
A.
Fees For Liquor Licenses. Before any license shall be issued
for the manufacture or sale of intoxicating liquors in the City, the
applicant therefor shall pay to the City a fee as follows:
2.
For selling to duly licensed wholesalers and soliciting orders for
the sale by or through a duly licensed wholesaler of intoxicating
liquors:
4.
For the manufacture in quantities not exceeding seventy-five thousand
(75,000) gallons of light wines containing not more than fourteen
percent (14%) of alcohol by weight exclusively from grapes, berries
and other fruits and vegetables grown in the State, for each five
hundred (500) gallons or fraction thereof: $7.50.
A manufacturer hereunder may sell directly to the consumer at
the winery in lots not exceeding five (5) gallons and to duly licensed
wholesalers and retailers in lots of five (5) gallons or more.
5.
For the sale at retail of all kinds of intoxicating liquors in the
original package: $150.00.
6.
For the sale of malt liquor and five percent (5%) beer by grocers
and other merchants and dealers in the original package direct to
consumers, but not for resale: $75.00.
7.
For the sale of malt liquor by the drink for consumption on the premises
where sold (five percent (5%) beer): $75.00.
This license shall also permit the sale of light wines containing
not in excess of fourteen percent (14%) of alcohol by weight made
exclusively from grapes, berries and other fruits and vegetables by
the drink for consumption on the premises where sold.
8.
For the sale of all kinds of intoxicating liquor by the drink for
consumption on the premises where sold: $450.00.
This license shall also permit the sale of intoxicating liquor
in the original package.
9.
For the sale of intoxicating liquor in the original package at retail
between the hours of 9:00 A.M. and Midnight on Sundays: $300.00.
10.
Amusement places: $300.00.
11.
Liquor by the drink — charitable organizations: $300.00.
12.
Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
13.
Tasting permit: $37.50.
14.
Caterers: $15.00 per each calendar day.
[1]
State Law References — Amount of state fees, §§311.180
— 311.200, RSMo.; amount charged by city regulated, §311.220,
RSMo.
A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter 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. The temporary permit shall be effective for a period not
to exceed one hundred sixty-eight (168) consecutive hours, and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which alcoholic beverages may lawfully
be sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. For every permit issued pursuant to the
provisions of this Section, the permittee shall pay to the City an
amount as set out in Section 600.040(14) above, or fraction thereof,
for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force 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, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages, in
the course of his/her catering business. A caterer who possesses a
valid State 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.
D.
To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
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. Each application
shall accurately describe the premises where the business is to be
conducted. Each application shall accurately describe the premises
where the business is to be conducted.
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 City Council 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.
Upon
approval of any application for a license, the Clerk 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.
D.
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 Council at its next meeting. Upon approval of the
majority of the Council and payment of the license fee provided herein,
the Clerk shall renew the license. In the event that any person residing
or conducting businesses within two hundred (200) feet of the applicant's
place of business shall file a written protest against the renewal
of such license, the Council shall conduct a hearing on the application
for license renewal as provided in this Subsection.
[1]
Editor's Note — Ordinance no. 7389 §2, adopted
January 7, 2013, repealed section 600.055 "liquor license" in its
entirety. Former section 600.055 derived from R.O. 2007 §§5-34,
5-42; ord. no. 3750 §1, 3-2-70; ord. no. 3930 §1, 7-3-72;
ord. no. 4113 §1, 12-2-74; and ord. no. 6966 §1, 5-7-07.
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.
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. Delivery
of intoxicating liquor 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.
In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
4.
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 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.
B.
Sales To Minor — Exceptions.
1.
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.
2.
Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c.
To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document, containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
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.
1.
No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
2.
The provisions of this Subsection shall not apply to a student who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a student
in a culinary course;
c.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
d.
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection, may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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3.
Any person under the age of twenty-one (21) years who purchases or
attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood or breath sample or urine
analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person who
performed the test;
e.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
|
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"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
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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.
[R.O. 2007 §5-17; Ord. No. 4060 §1, 1-7-1974; Ord.
No. 4403 §1, 6-4-1979]
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Packaging, Labeling. Any retailer licensed pursuant to this
Chapter shall not:
1.
Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
2.
Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
1.
It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
b.
Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or on
any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
H.
Persons Under Twenty-One Not To Be On Premises. No person having a license under this Chapter shall allow any minor, unless accompanied by an adult over the age of twenty-one (21) years, to enter into or remain on the premises where intoxicating beverages for consumption on the premises are sold unless the premises are the type described or by implication referred to in Section 600.060(A).
I.
List Of Current Employees To Be Kept On File With City Clerk. Every person operating a premises which is licensed under this Chapter
and where the sales of alcoholic beverages sold for consumption on
those premises constitutes more than fifty percent (50%) of the gross
income from all sales of all items sold from said premises shall file
with the City Clerk a current list of all employees working in said
premises. Said list shall be kept current at all times and contain
the name, age, address and date and place of birth of each employee.
As used herein, the word "premises", in addition
to meaning an entire building or structure, shall also mean any area
within a building or structure that is set aside, operated, identifiable
or promoted as a place engaged in the sale of alcoholic beverages
for consumption on the premises.
J.
"Free Drinks" Not Allowed. No person having a license under
this Chapter shall allow or permit any employee to accept free drinks
from any customer while said employee is on duty.
K.
Illegal Acts Prohibited On Premises.
1.
No person having a license under this Chapter shall allow any person
to come upon or remain on the licensed premises for the purpose of
engaging in prostitution or other illegal act; nor shall such license
holder allow any person to come upon or remain on the premises who
is known to engage in prostitution.
2.
No person licensed hereunder shall allow on the premises any fights
or peace disturbances; nor shall they permit any lewd, indecent, profane
or obscene language, songs or entertainment; nor any printed, obscene
literature, pictures or advertising materials.
3.
No person licensed hereunder shall allow or permit the licensed premises
to be frequented or become the meeting place, hangout or rendezvous
for known prostitutes or other immoral characters or those who are
known to engage in the use, sale or distribution of narcotics or any
other illegal activity or business.
L.
Employees Not To Be Intoxicated While On Duty. No person
licensed hereunder shall allow or permit any employee to be in an
intoxicated condition while on duty.
M.
Other Licenses Not Considered. The fact that a person having
a license under this Chapter shall be or be part of or employed by
a corporation or other business entity that has other business enterprises
not licensed under this Chapter shall not eliminate the compliance
by said person having a license under this Chapter with the provisions
of this Section and all other provisions of this Chapter.
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.
A.
Suspension Or Revocation Of License — When — Manner. The Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Council not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.100 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapter 311,
RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control;
3.
Making a false affidavit in an application for a license under this
Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
the license;
6.
Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving, or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years,
b.
Any person during unauthorized hours on the licensed premises,
c.
A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any person on the licensed premises during a term of suspension as
ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if
the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the Board shall
be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
in civil suits in the Circuit Courts of this State. The Board also
may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[R.O. 2007 §5-15; Rev. Ords. 1951 §§22.070,
22.080; Ord. No. 4403 §1, 6-4-1979]
It shall be unlawful for any person to remain at any meeting
of the Poplar Bluff City Council or any department, board or commission
of the City of Poplar Bluff while said person is in an intoxicated
condition.
[1]
State Law Reference — Public drunkenness generally,
§562.260, RSMo.
[R.O. 2007 §5-20; Ord. No. 4584 §§1 — 3, 6-1-1981; Ord. No. 6078 §1, 5-18-1998]
A.
No
person shall sell, possess, drink or consume intoxicating liquor,
except for beer having an alcoholic content of no more than five percent
(5%) within the boundaries of the Poplar Bluff Municipal Golf Course.
B.
The
sale, possession and consumption of all alcoholic beverages shall
be suspended during the scheduled junior golf league matches and play.
C.
Except
as specifically provided for herein, no alcoholic beverages shall
be otherwise offered for sale, possessed or consumed within the boundaries
of the Poplar Bluff Municipal Golf Course.
[R.O. 2007 §5-21; Ord. No. 5144 §1, 12-7-1987; Ord. No. 5506 §1, 1-17-1992; Ord. No. 5733 §1, 6-20-1994]
A.
Except
where authorized by appropriate City license, no person shall consume
intoxicating liquor or be in possession of any glass, can or open
container containing alcoholic liquor or non-intoxicating beer as
defined by this Chapter:
1.
In or upon streets, alleys, sidewalks or public parking areas within
the Central Business District of the City, said district being the
area described by ordinance as such or within the eastern business
district of the City, said district being described as an area bordered
by U.S. Highway 60 on the north, Black River on the west, Almond Street
on the south and C Street on the east;
2.
In or upon any commercial property located within the "C-1" Neighborhood
Commercial or "C-2" General Commercial Districts of the City or upon
streets, alleys, sidewalks or public parking areas lying adjacent
or contiguous to commercial property located within these districts;
or
3.
Within five hundred (500) feet of any school, church or other building
regularly used as a place of religious worship.
[R.O. 2007 §5-29.1; Ord. No. 3893 §1, 1-3-1972]
The following shall apply to the issuing of licenses for the
sale of intoxicating liquor in and for the City of Poplar Bluff, Missouri:
Whenever any person, partnership, association of persons or
corporation shall apply to the City of Poplar Bluff for a license
to sell intoxicating liquor by the drink for consumption on the premises,
said application shall be accompanied by written evidence that the
applicant has a right to occupy the premises wherein liquor is to
be sold for the period for which the license is to be in effect.
[R.O. 2007 §5-30]
No license for the sale, either at wholesale or retail, of intoxicating
liquors shall be granted to any person where the proposed place of
business is located in a block where at least seventy-five percent
(75%) of the bona fide residents of said block owning at least seventy-five
percent (75%) of the abutting front feet of said block are not engaged
in commercial business in said block unless the applicant secures
a petition signed by at least two-thirds (⅔) of the taxpaying
adult residents of said block consenting to the issuance of said license.
[R.O. 2007 §5-31; Ord. No. 4673 §2, 5-27-1982]
If any person or persons licensed hereunder shall fail to keep
at all times an orderly house or sells, gives away or otherwise disposes
of or suffers the same to be done about his/her or their premises
any intoxicating liquor in any quantity to any minor or otherwise
violates the provisions of this Chapter, other applicable City ordinance
or State or Federal law, in addition to other fines, penalties and
forfeitures provided by City ordinances, State Statutes and Federal
law, said person or persons shall be subject to the immediate forfeiture
of the license granted under this Chapter.
[R.O. 2007 §5-36; Rev. Ords. 1951 §§19.030,
19.210; Ord. No. 4060 §5, 1-7-1974; Ord. No. 4403 §1, 6-4-1979; Ord. No. 5547 §1, 6-15-1992]
A.
All
applications for a license required by this Article shall be filed
with the office of the City Clerk. As a condition precedent to the
issuance of a license under the provisions of this Chapter, the applicant
must also procure a permit and license from the State under the provisions
of Chapter 311, RSMo. Upon compliance by the applicant with the provisions
of this Article and upon the finding by the City Clerk that the applicant
is qualified and has complied with all applicable provisions of this
Code of Ordinances and State law, the City Clerk shall issue a licenses
provided by this Chapter.
B.
Any
applicant who is denied a license by the City Clerk may appeal that
decision to the City Council. Upon a finding by a majority of the
members elected to the Council that the applicant is qualified and
has complied with all applicable provisions of this Code of Ordinances
and State law, the Council shall direct the issuance to such applicant.
C.
Any
holding of a license shall be open for business within one hundred
twenty (120) days after issued. Failure to do so shall be grounds
for revocation of said license by action of the City Clerk.
D.
The
City Clerk, the City Manager or his/her designated representative
shall notify the City Council of any violation by the licensee or
his/her employees of any applicable provision of this Code, State
or Federal law, rules or regulations so that the Council may review
the matter and take any action deemed necessary under this Code.
[R.O. 2007 §5-38; Rev. Ords. 1951 §§19.080,
19.230]
Any license issued under this Article may be renewed upon application
therefor and compliance with the provisions of this Article in the
same manner as for the original issuance of such license.
[R.O. 2007 §5-41; Rev. Ords. 1951 §19.280]
Any license issued under the provisions of this Article may
be suspended or revoked by the City Council for the violation by the
licensee or his/her employees of any applicable provision of this
Code, State or Federal law or City ordinances, rules or regulations.
No person whose license has been revoked under this Section shall
be issued another license hereunder for a period of one (1) year from
such date of revocation. In the event any such license is suspended
or revoked, no portion of the license fee shall be refunded to the
licensee.
[R.O. 2007 §5-43; Ord. No. 4060 §6, 1-7-1974]
A.
Whenever
the City Council shall have reasonable cause to believe that a license
holder has made any false statements in his/her application or violated
any of the provisions of this, Chapter, the license holder shall be
notified in writing setting out the alleged violation and shall set
a time not sooner than five (5) days for the license holder to appear
at a hearing before the City Council and show cause why said license
should not be suspended or revoked. At the designated time, the City
Council shall conduct a hearing of all of the evidence pertaining
to the alleged violation. The City Council shall have the authority
to conduct the hearing and prescribe reasonable rules in relation
thereto. The City shall secure the services of a qualified verbatim
court reporter who shall record the evidence. After hearing the evidence,
the City Council shall have authority to dismiss the complaint, to
suspend the license for a specified period of time or revoke the license
permanently.
B.
It
is further provided that no license shall be transferred from person
to person or from place to place after written notice to the license
holder has been given by the City Council as provided herein and before
final action has been taken by the City Council.
[R.O. 2007 §5-46; Ord. No. 4403 §1, 6-4-1979]
Unless a specific fine is referred to herein, upon conviction
of a violation of the provisions of this Chapter, the offender shall
be deemed guilty of a misdemeanor and punished according to the general
penalty provision of the Poplar Bluff Code of Ordinances. Further,
any premises operated in violation of any of the provisions of this
Chapter dealing with alcoholic beverages is hereby declared to be
a public and common nuisance and it shall be the duty of the City
Attorney to seek to abate such nuisance by injunctive or other relief
available to the City under the Statutes of the State of Missouri
or in the court of equity or law.
[R.O. 2007 §5-47; Ord. No. 4673 §5, 5-27-1982]
Licenses provided for and issued hereunder may be issued on
a temporary basis if the State Supervisor of Liquor Control, prior
to the issuance of the City of Poplar Bluff license or contemporaneously
therewith, issues a temporary license or special certificate. In that
event, the Poplar Bluff temporary license shall authorize the licensee
to engage in and carry on the business that the permanent license
calls for, for the identical period of time provided for in the State
temporary license or special certificate. The Poplar Bluff temporary
license shall expire or be extended, as the case may be, simultaneously
with the State temporary license or special certificate. However,
nothing to the contrary herein withstanding, any violation of the
provisions of this Chapter will result in the suspension or revocation
of the Poplar Bluff temporary license or regardless of the existence
or effect of the State temporary license or special certificate.
[R.O. 2007 §5-48; Ord. No. 5716 §1, 4-18-1994; Ord. No. 5900 §1, 8-5-1996; Ord. No. 5910 §1, 9-3-1996]
A.
No
establishment shall sell or otherwise dispense any intoxicating liquor
within the Central Business District of the City as defined in this
Chapter without first having obtained a conditional use permit authorized
by the City Council of the City. The term "establishment" shall include any bar, tavern or any private club owned or operated
by a corporation, association, person or persons for a social, education
or recreational purpose. The Central Business District shall be defined as the area bounded on the east by the east shore
of Black River; on the west by the west right-of-way line of Seventh
Street; on the south by the south right-of-way line of Park Avenue,
including an imaginary line extending the right-of-way line of Park
Avenue to the east shore of Black River and on the north by the north
right-of-way line of Davidson Street, including an imaginary line
extending the north right-of-way line of Davidson Street to the east
shore of Black River; the east right-of-way line of North Second Street;
the north right-of-way line of College Street; the west right-of-way
line of North Main Street and the north right-of-way line of Lester
Street.
B.
No conditional use permit shall be issued for any such establishment and no application for such conditional use permit shall be accepted, unless the proposed establishment meets the spacing/density requirements as set forth in Section 600.035 of this Chapter and unless such establishment is spaced at least one thousand (1,000) feet from any similar on-premises establishment in all directions regardless of location of the other establishment. Said distance shall be measured from main entrance to main entrance of the buildings involved.
C.
The
spacing requirements of this Section shall not apply to restaurants.
As used in this Subsection, "restaurants" shall include
any business which derives a majority of its gross revenues from the
sale of food, does not sell alcoholic beverages in the package and
derives more than twenty percent (20%) of its gross revenues from
the sale of alcoholic beverages by the drink.
D.
Restaurants granted a conditional use permit under this Section and as defined in Subsection (C) shall not display any sign, light, advertisement or other material which promotes any brand of alcoholic beverage; nor shall restaurants store any container, package, bottle or can containing alcoholic beverages where they may be easily observed by the public prior to the time said beverages are served.
E.
All
conditional use permits granted under this Subsection shall be valid
for such period of time as the City Council may, in its discretion,
elect, except that said permit shall be valid for a period of not
less than one (1) year and no more than three (3) years. Anyone granted
a conditional use permit for said purposes must apply for renewal
of said permit at least ninety (90) days prior to the expiration of
said conditional use permit. Said application shall include a detailed
accounting showing the permittee is in compliance with the terms of
the Section.
