City of Centralia, MO
Boone County
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Table of Contents
Table of Contents
State Law Reference — As to liquor control generally, see RSMo., § 311.010 et seq. including 311.220. As to non-intoxicating beer generally, see RSMo., § 312.010 et seq. Also see RSMo., § 79.450. Also see 11 CSR 70-2.010, et seq.
Cross Reference — As to driving while intoxicated, see § 18-9 of this Code. As to intoxicating liquor and non-intoxicating beer in parks, see § 21-11. As to consumption of alcohol on public property, see § 20-10.1. As to zoning, see § 31-25 and § 31-27. As to license fees, see § 16-10. As to license revocation or suspension, see § 16-21.1. As to open containers of intoxicating liquor in vehicles, see § 18-9.10.
Editor's Note — This chapter (originally made up of ord. no. 441, 680, 875, 989 and 1084) was repealed and replaced with ord. no. 1629 passed 7-1-1991. Some of the sections of the above-mentioned ordinances were not retained.
Article I In General

Section 3-1 Definitions applicable to this Chapter and other designated Chapters and Sections.

Section 3-2 Possession of unlawfully manufactured alcoholic beverages illegal.

Section 3-3 Prohibitions against selling, supplying or possessing alcoholic beverages, concerning minors, intoxicated persons and habitual drunkards; presumption concerning contents of sealed alcoholic beverage containers.

Article II Licenses and Operation of Licensed Establishments

Section 3-4 City alcoholic beverage licenses.

Section 3-5 Hours licensees may operate under licenses.

Section 3-6 License applicant qualifications and other requirements to apply for license — in general.

Section 3-7 Same — additional requirements to apply for package intoxicating liquor license and Sunday package intoxicating liquor license.

Section 3-8 (Reserved)

Section 3-9 License applicant qualifications and other requirements to apply for license — additional requirement to apply for any liquor by the drink license.

Section 3-9.1 Same — additional requirements for tax exempt organization to apply for liquor by the drink licenses.

Section 3-10 Same — additional requirements to apply for resort license.

Section 3-10.1 Temporary resort license — application requirements.

Section 3-11 through Section 3-11.1. (Reserved)

Section 3-12 Procedure to submit license application; consideration by City Clerk to approve license application.

Section 3-13 Applicability of chapter to druggists and physicians.

Section 3-14 Granting of license; license tax — duration and non-proration; terms of license.

Section 3-15 License and licensee — change of information or facts; license transfer to other premises; reporting violations and license revocations and suspensions.

Section 3-16 Transfer of license to other persons, when allowed; withdrawal of partner from partnership granted license.

Section 3-17 Renewal of license — application requirements.

Section 3-18 Ordinance violations by licensee or employees concerning operation of licensed premises or concerning conduct of persons upon licensed premises.

Section 3-19 Convictions and law violations-when such may not be sole cause for suspending, revoking, refusing to renew or refusing to grant license.

Section 3-20 Suspension, revocation and non-renewal of license.

Section 3-21 Conviction for violating chapter provision — penalty in general; license revocation upon conviction.

Section 3-22 City Clerk to develop forms to apply for license and renewal of license.

Section 3-1 Definitions applicable to this Chapter and other designated Chapters and Sections. [1]

[Ord. No. 441 § 2-4, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1778 § 1, 2-21-1994; Ord. No. 1814 § 1, 9-19-1994; Ord. No. 1881 § 1, 12-4-1995]
For the purposes of this Chapter, Chapter 16, Section 18-9.10, Section 20-10.1, Section 21-11 and Chapter 31, the following words and phrases shall have the meanings respectively ascribed to them by this Section:[2]
ALCOHOLIC BEVERAGE
Any of the following beverages as defined in this Section: Intoxicating liquor, light wine, non-intoxicating beer, and wine.
CITY CLERK
The City License Officer, under Chapter 16 of the Code.
FINANCIAL INTEREST
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. Provided, however, service as a member of the Board of directors of a corporation, the stock of which is traded on either the New York or American Stock Exchange, or ownership of less than ten percent (10%) of the outstanding shares in such corporation, shall not constitute a financial interest in such corporation or a subsidiary thereof.[3]
INTOXICATING LIQUOR
Alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors, or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) of alcohol by volume, except for non-intoxicating beer.[4]
LICENSEE
Any person, as defined herein, holding a license issued pursuant to this Chapter.
LIGHT WINE
Wine containing not in excess of fourteen percent (14%) of alcohol by weight, exclusively from grapes, berries and other fruits and vegetables, including a wine beverage commonly referred to as "wine coolers."[5]
MALT LIQUOR
Any beverage manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water, containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight.[6]
MANAGING OFFICER
A person employed by a corporation, either as an officer or a non-officer employee, who is vested with the general control and superintendence of a whole, or a particular part of, the corporation's business at a particular place.
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.[7]
ORIGINAL PACKAGE
Any package containing, in the manufacturer's original container:
1. 
Three (3) or more standard bottles or cans of malt liquor or non-intoxicating beer;
2. 
A bottle or other container of fifty (50) milliliters (1.7 ounces) or more of spirituous liquors; or
3. 
A bottle or other container of one hundred (100) milliliters (3.4 ounces) or more of wine or light wine.
PERSON
Shall include a corporation, firm, partnership, association, syndicate, joint stock company, organization and any other group acting as a unit, as well as individuals. It shall include a personal representative, trustee, conservator, receiver or other representative appointed by a court according to law.
RESORT
An establishment/restaurant meeting any of the two (2) following provisions:
1. 
Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests and 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.
2. 
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 resort 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 nonalcoholic sales.[8][9]
SPIRITUOUS LIQUOR
Includes brandy, rum, whiskey, gin and all other preparations or mixtures for beverage purposes of a like character, but excluding all wine, malt liquor and non-intoxicating beer.
STANDARD BOTTLE
Any bottle or can containing twelve (12) ounces or less of malt liquor or non-intoxicating beer.
WINE
A vinous liquor produced by fermentation of juices of grapes, berries or other fruits or a preparation of certain vegetables by fermentation, and containing alcohol not in excess of twenty-two percent (22%) by volume.
[1]
Cross Reference — Also see §§ 18-9.10, 20-10.1, and 21-11, and Chapters 16 and 31.
[2]
Cross References — As to licensing, see ch. 16. As to open containers of alcohol, prohibited when, see § 18-9.10. As to consumption of alcohol in public, see § 20-10.1. As to alcoholic beverages in park, see § 21-11. As to zoning, see ch. 31.
[3]
State Law Reference — See RSMo., §§ 311.060 and 311.061.
[4]
State Law Reference — See RSMo., § 311.020.
[5]
State Law Reference — See RSMo., § 311.200(4).
[6]
State Law Reference — See RSMo., § 311.200(2).
[7]
State Law Reference — See RSMo., § 312.010(2).
[8]
Editor’s Note: The former definition of “restaurant/bar,” which immediately followed this definition, was repealed 2-18-2014 by Ord. No. 2752 § 2.
[9]
State Law Reference — See RSMo., § 311.095.

Section 3-2 Possession of unlawfully manufactured alcoholic beverages illegal. [1]

[Ord. No. 441 § 25, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991]
No person shall possess alcoholic beverages in any quantity for any purpose within the City which has not been lawfully manufactured.
[1]
State Law Reference — See RSMo., § 311.580.

Section 3-3 Prohibitions against selling, supplying or possessing alcoholic beverages, concerning minors, intoxicated persons and habitual drunkards; presumption concerning contents of sealed alcoholic beverage containers. [1]

[Ord. No. 441 § 15, 1-2-1951; Ord. No. 680 § 1, 9-14-1959; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1839 § 1, 1-16-1995; Ord. No. 2391 § 2, 1-16-2006]
A. 
No person or his employee shall sell or supply non-intoxicating beer or permit the same to be sold or supplied to a habitual drunkard or to any person who is under or apparently under the influence of alcoholic beverages.
B. 
No person or his employee shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, unless supplied by a duly licensed physician.
C. 
Non-intoxicating beer shall not be given, sold or otherwise supplied to any person under the age of twenty-one (21) years, but this shall not apply to the supplying of non-intoxicating beer to a person under such age for medicinal purposes only, or by the parent or guardian of such person, or to administering of said non-intoxicating beer to such person by a physician.
D. 
No person or his employee shall 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 Subsection shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years by his parent or guardian, or to the administering of such intoxicating liquor to any person under the age of twenty-one (21) years for medicinal purposes only.
E. 
Any person under the age of twenty-one (21), who purchases, attempts to purchase or has in his possession, any intoxicating liquor or non-intoxicating beer is guilty of a misdemeanor.
F. 
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) years to drink or possess intoxicating liquor on such property or who knowingly fails to stop a person under the age of twenty-one (21) years from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) years to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of a municipal ordinance violation.
G. 
Any person under the age of twenty-one (21) years who is in a visibly intoxicated condition under the influence of alcohol, 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 guilty of a municipal ordinance violation. The blood alcohol content shall be measured by a chemical test of the person's breath, blood or urine, which may be administered if the person consents or as authorized by Chapter 577, RSMo., if a Police Officer has reasonable grounds to believe the person was operating a motor vehicle while in an intoxicated condition.
H. 
For purposes of prosecution in Municipal Court under this Section involving an alleged sale, giving away or otherwise supplying of intoxicating liquor or non-intoxicating beer to a person under twenty-one (21) years of age or involving an alleged purchase, attempt to purchase or possession of intoxicating liquor or non-intoxicating beer by a person under twenty-one (21) years of age, 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 (as the case may be) in such container. The alleged violator may allege that there was not 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 non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer (as the case may be).
[1]
State Law Reference — As to sales to minors, intoxicated persons, etc., see RSMo., § 311.310. As to purchase, possession etc., of intoxicating liquor by a minor, see RSMo., § 311.325. As to sales of non-intoxicating beer, see RSMo., § 312.400. As to purchase, possession, etc., of nonintoxicating beer by minors, see RSMo., § 312.407. As to authority of board, see RSMo., § 79.450. As to good faith defense, see § 311.328.
[1]
State Law Reference — For similar provisions, see RSMo. § 311.220.

Section 3-4 City alcoholic beverage licenses.

[Ord. No. 441 §§ 6-7, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1790 § 2, 4-18-1994; Ord. No. 1826 § 1, 11-21-1994; Ord. No. 1853 § 2, 5-15-1995; Ord. No. 2412 §§ 1,3, 5-15-2006]
A. 
It shall be unlawful for any person, firm, partnership or corporation to sell or expose for sale in the City any alcoholic beverage as herein defined, in any quantity, without first having obtained a license from the City Clerk therefor, except as otherwise provided in this Chapter.
The City alcoholic beverage sales licenses are as follows:
1. 
License to sell non-intoxicating beer in the original package at retail, not to be consumed upon the premises where sold.[1]
[1]
State Law Reference — See RSMo., §§ 312.100(1)(4), 312.390 and 312.470.
2. 
License to sell non-intoxicating beer by the drink at retail for consumption on the premises where sold.[2]
[2]
State Law Reference — See RSMo., §§ 312.100(1)(3) and 312.420.
3. 
License to sell malt liquor in the original package at retail direct to consumers but not for resale and not to be consumed upon the premises where sold. (This license also permits the licensee to sell non-intoxicating beer in the original package at retail, not to be consumed upon the premises where sold.)[3]
[3]
State Law Reference — See RSMo., § 311.200(2).
4. 
License to sell malt liquor and/or light wine by the drink at retail for consumption on the premises where sold. (This license also permits the licensee to sell malt liquor and/or light wine in the original package at retail, not to be consumed upon the premises where sold, and further permits the licensee to sell non-intoxicating beer by the drink at retail for consumption on the premises where sold.)[4]
[4]
State Law Reference — See RSMo., § 311.200(4).
5. 
License to sell intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold.[5]
[5]
State Law Reference — See RSMo., § 311.200(1).
6. 
License to sell on Sunday after 9:00 A.M. intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold, by a licensee who is licensed by the State and City to sell on the other days of the week, intoxicating liquor in the original package at retail, not to be consumed on the premises where sold.[6]
[6]
State Law Reference — See RSMo., § 311.293.
7. 
Resort license to sell intoxicating liquor by the drink at retail for consumption on the premises of a resort. (This license also permits the licensee to sell intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold.)[7]
[7]
State Law Reference — See RSMo., § 311.095.
8. 
Sunday resort license to sell intoxicating liquor by the drink at retail for consumption on the premises where sold at a resort during certain hours on Sunday. (This license also permits the licensee to sell intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold, at a resort during certain hours on Sunday.)[8]
[8]
State Law Reference — See RSMo., § 311.097.
9. 
License for any charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of federal income taxes as provided in Section 501(c) (3), 501(c) (4), 501(c) (5), 501(c) (7), 501(c) (8), 501(c) (10), 501(c) (19), or 501(d) of the United States Internal Revenue Code, as amended, to sell intoxicating liquor by the drink at retail for consumption on the premises where sold. (This license also permits the licensee to sell intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold.)[9]
[9]
Cross Reference — See § 3-9.1.
10. 
Sunday license for any charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of federal income taxes as provided in Section 501(c) (3), 501(c) (4), 501(c) (5), 501(c) (7), 501(c) (8), 501(c) (10), 501(c) (19), or 501(d) of the United States Internal Revenue Code, as amended, to sell on Sunday after 11:00 A.M. intoxicating liquor by the drink at retail for consumption on the premises where sold. (This license only permits the sale of the same types of intoxicating liquor permitted to be sold with the kind of liquor license already held by the qualified tax-exempt organization to sell such types of intoxicating liquor on days of the week other than Sunday. (This license also permits the licensee to sell on Sunday after 11:00 A.M. intoxicating liquor of the permitted type in the original package at retail, not to be consumed upon the premises where sold.)[10]
[10]
Cross Reference — See § 3-9.1.
B. 
It shall be unlawful for any person, firm, partnership or corporation operating any premises where food, beverages for entertainment are sold or provided for compensation who does not possess a license for the sale of intoxicating liquor by the drink from the City Clerk to permit the drinking or consumption of intoxicating liquor in, on or about the premises without first having obtained a "set-up" license from the City Clerk therefor. It shall be unlawful for the licensee to permit in, upon or about the said premises the drinking or consumption of alcoholic beverages by any person under twenty-one (21) years of age or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday.
A "set-up" license allows the consumption of (but not the sale of) intoxicating liquor by any person at least twenty-one (21) years of age except between 1:30 A.M. and 6:00 A.M. on any weekday and except between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday on the premises of a place where food, beverages or entertainment are sold or provided for compensation, when said place is not licensed to sell intoxicating liquor by the drink.[11]
[11]
State Law Reference — See RSMo., § 311.480.

Section 3-5 Hours licensees may operate under licenses. [1]

[Ord. No. 875 § 1, 12-11-1967; Ord. No. 1316 § 1, 6-16-1986; Ord. No. 1462 § 2, 11-21-1988; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1778 § 2, 2-21-1994; Ord. No. 1790 § 3, 4-18-1994; Ord. No. 1814 § 2, 9-19-1994; Ord. No. 1826 § 2, 11-21-1994; Ord. No. 1853 § 3, 5-15-1995; Ord. No. 2412 §§ 2, 4, 5-15-2006]
A. 
Intoxicating Liquors. Except as provided below, no person having a license under this Chapter to sell intoxicating liquor, nor any employee of such person, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about the licensee's premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday, including qualified tax-exempt organizations having a license to sell liquor by the drink (other than Sunday), except and provided, any person having a license to sell malt liquor and/or light wine by the drink at retail for consumption on the premises where sold and any employee of such person also may sell such malt liquor and/or light wine by the drink at retail for consumption on the premises where sold on Sunday between the hours of 9:00 A.M. on Sunday and 12:00 Midnight on Sunday. No person having a resort license to sell intoxicating liquor by the drink at retail on Sunday, nor any employee of such person, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about the licensee's premises, any intoxicating liquor in any quantity under that Sunday resort license except between the hours of 9:00 A.M. on Sunday and 12:00 Midnight on Sunday. No person having a Sunday package liquor license, nor any employee of such person, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about the licensee's premises, any intoxicating liquor in any quantity under that Sunday package liquor license except between the hours of 9:00 A.M. on Sunday and 12:00 Midnight on Sunday. No qualified tax-exempt organization having a Sunday liquor by the drink license, nor any employee of such organization, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about the licensee's premises, any intoxicating liquor in any quantity under that Sunday liquor by the drink license except between the hours of 9:00 A.M. on Sunday and 12:00 Midnight on Sunday.[2]
[Ord. No. 2752 § 4, 2-18-2014]
[2]
State Law Reference — See RSMo., §§ 311.090, 311.097, 311.200, 311.290 and 311.293.
B. 
Non-Intoxicating Beer. No person having a license under the provisions of this Chapter to sell non-intoxicating beer shall sell, give away or otherwise dispose of, or suffer the same to be done, upon or about his premises, and non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M.[3]
[3]
State Law Reference — See RSMo., § 312.410.
C. 
Consumption of Intoxicating Liquor Where Food, Beverages or Entertainment are Sold or Provided for Compensation. No person having a "set-up" license under the provisions of this Chapter to permit the drinking or consumption of intoxicating liquor on or about any premises operated by the person where food, beverages or entertainment are sold or provided for compensation, shall permit the drinking or consumption of intoxicating liquor in, upon or about the licensed premises between the hours of 1:30 A.M. and 6:00 A.M. on Monday and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday.[4]
[4]
State Law Reference — See RSMo., § 311.480(1) and (3).
D. 
Sale of Intoxicating Liquor or Malt Liquor by the Drink on Sunday, When Certain Holidays. 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 or malt liquor by the drink may be open for business and sell intoxicating liquor or malt liquor by the drink under the provisions of the liquor license on any such Sunday from 12:30 P.M. until 1:30 A.M. the following Monday, notwithstanding any provisions of this Section to the contrary.
[1]
State Law Reference — See RSMo., § 311.298.
Cross Reference — See § 3-18(M).

Section 3-6 License applicant qualifications and other requirements to apply for license — in general. [1]

[Ord. No. 441 § 7, 16, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1778 § 3, 2-21-1994; Ord. No. 1790 § 4, 4-18-1994; Ord. No. 2310 § 1, 7-19-2004; Ord. No. 2348 § 1, 6-1-2005; Ord. No. 2366 § 1, 8-15-2005; Ord. No. 2506 § 1, 1-21-2008]
Except as provided in Section 3-7 concerning Sunday package liquor licenses, an applicant for a "set-up" license or any alcoholic beverage sale license to be issued by the City Clerk shall submit, in a written application to the City Clerk under oath, the following information or otherwise submit documentation with the application that the applicant meets and complies with the requirements of this Section:[2]
A. 
If the applicant is a natural person, such person shall be of a good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village in Missouri where the applicant resides. If the applicant is a corporation, the managing officer of such corporation shall be of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village in Missouri where the managing officer resides. If the applicant is a limited liability company, either the authorized member (or the authorized manager if the limited liability company Articles of Organization provides that the management is vested in managers) of such limited liability company shall be of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village in Missouri where the authorized member or authorized manager resides. Other than traffic tickets not involving the consumption or possession of alcohol, list the date and nature of all criminal convictions the person, managing officer, authorized member or authorized manager has in Missouri or any other State. List the addresses of the person, managing officer, authorized member or authorized manager for the ten (10) years preceding the application. List the full name, the birth date and occupation of the person, managing officer, authorized member or authorized manager. List any prior experience of the person, managing officer, authorized member or authorized manager in selling alcoholic beverages. Provide the name and address of the employers of the person, managing officer, authorized member or authorized manager for the five (5) years preceding the application. If the applicant is a partnership, list all the above information for each partner of a partnership. All partners of a partnership shall meet all license requirements and all partners shall sign the application.[3]
[3]
State Law Reference — See RSMo., §§ 311.060, 312.040 and 314.200.
B. 
The application also shall provide information to show compliance with the following: The applicant shall not have had an alcoholic beverage license revoked or been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States on December 5, 1933, of a violation of the provisions of any City, State or Federal law applicable to the manufacture or sale of alcoholic beverages (unless excepted by the provisions of Section 3-19) and shall not employ in his business any person who has had an alcoholic beverage license revoked or who has been convicted of violating said City, State or Federal laws since December 5, 1933. No person, partnership, limited liability company or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership, any member or manager of such limited liability company 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, limited liability company or corporation is licensed or any person employed in the business licensed under this Chapter, shall have had an alcoholic beverage license revoked under State law or shall have been convicted of violating the provisions of any Federal, State or City law applicable to the manufacture or sale of alcoholic beverages since the ratification of the Twenty-First Amendment to the Constitution of the United States on December 5, 1933, or shall not be a person of good moral character. List the names, addresses and birthdates of such officers, directors or stockholders. No license shall be issued to the spouse, children, stepchildren, parents, stepparents, son-in-law or daughter-in-law, employee or other person having any interest in the business of a license whose alcoholic beverage license has been revoked, if the license requested is for premises at the same location or in close proximity to the location of the premises where a license was revoked.[4]
[4]
Cross Reference — As to suspensions, revocations, non-renewals of licenses, exceptions, see § 3-19 of this Code.
C. 
The address and legal description of the premises where the alcoholic beverages are to be consumed or sold shall be listed. The premises designated in the application where any alcoholic beverages are to be sold shall be in a zoning district permitted by the provisions of Chapter 31 for the type of business and alcoholic beverage license requested. No license for the sale of alcoholic beverages shall be granted by the City Clerk upon premises within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, except that this one hundred (100) feet restriction shall not apply:
1. 
When such school, church or place of religious worship is established within one hundred (100) feet of the premises of any existing business already licensed to sell alcoholic beverages, or
2. 
When the applicant for the alcoholic beverage license obtains the written consent of the Board of Aldermen by ordinance to waive the distance restriction for the applicant's license and licensed premises, provided that at least ten (10) days' written notice concerning the requested waiver of the distance restriction has been provided by the City to all owners of real property within one hundred (100) feet of the proposed licensed premises.
The one hundred (100) feet distance referred to above shall be measured from the closest point in a straight line between the building of the school, church or place regularly used as a place of religious worship and the building of the licensed premises of the business with the alcoholic beverage license, disregarding any building, structure or other obstacle in between the two (2) buildings being measured. If there is more than one (1) building being used by the school, church or other such place of religious worship for those purposes or if there is more than one (1) building being used by the alcoholic beverage licensee as the licensed premises, then the measurement shall be made from the building closest to the other building being measured.[5]
[5]
State Law Reference — See RSMo., § 311.080.
Cross Reference — See ch. 31 and §§ 31-25, 31-27 and 31-29 of this Code.
D. 
A copy of the retail sales license issued by the State Director of Revenue shall be submitted and the applicant shall state and submit a statement from the State Director of Revenue that no sales or use tax is due at the time the application is submitted. This provision shall not apply for a "set-up" license.
[1]
Cross Reference — As to licensing, see § 3-12.
[2]
State Law Reference — See RSMo., § 311.293.

Section 3-7 Same — additional requirements to apply for package intoxicating liquor license and Sunday package intoxicating liquor license. [1]

[Ord. No. 441 § 19, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1790 § 5, 4-18-1994; Ord. No. 2348 § 2, 6-1-2005; Ord. No. 2708 § 1, 11-19-2012]
A. 
For any application for a license to sell on all days of the week except Sunday intoxicating liquor (other than malt liquor) in the original package at retail, not to be consumed upon the premises where sold, the following additional information shall be submitted by the applicant in the written application made under oath or by separate affidavit attached to the application, to indicate that the applicant meets and complies with the requirements of this Section:
1. 
The applicant shall be engaged in, and the package liquor license is to be used in connection with one (1) or more of the following businesses: A drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery, or a delicatessen store.
2. 
The applicant has and shall keep a stock of goods in the applicant's place of business for which the package liquor license is being sought, of the kind ordinarily carried in such a place of business, of the value of at least one thousand dollars ($1,000.00) according to invoices, exclusive of fixtures and intoxicating liquors. That all of said goods are salable and that they are prominently exposed and offered to the public for sale in said place and business. An itemized inventory of the present stock of goods shall be attached to the application or to the separate affidavit. As said stock of goods is sold, it will be replaced with other salable goods and said stock of goods will at all times be maintained at a value of at least one thousand dollars ($1,000.00) exclusive of intoxicating liquors and fixtures.
3. 
(Reserved)
B. 
If a person is licensed by the State and the City or is applying to be licensed by the State and City to sell on all days of the week except Sunday intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold, then the person, upon meeting the requirements to be so licensed and after obtaining such licenses, is thereafter qualified to apply to the City Clerk for a Sunday package liquor license. A person desiring to apply together for both a package liquor license and a Sunday package liquor to sell intoxicating liquor in the original package at retail, not to be consumed upon the premises where sold, on all days of the week may apply for both liquor licenses in one (1) application. In such a combined application, the City Clerk may grant the Sunday package liquor license only after the State and City package liquor licenses are granted. Except as otherwise provided in this Subsection, the provisions of Section 3-14 concerning the granting of licenses are applicable to Sunday package liquor licenses.
[1]
State Law References — See RSMo., §§ 311.200(1) and 311.293.

Section 3-8 (Reserved) [1]

[1]
Editor's Note — Ord. no. 2695 § 1, adopted August 13, 2012, repealed Section 3-8 "limitation on number of establishments licensed to sell package intoxicating liquor" in its entirety. Former Section 3-8 derived from ord. no. 441 § 26, 1-2-1951; ord. no. 1403 § 1, 11-16-1987; ord. no. 1629 § 1, 7-1-1991; ord. no. 1790 § 6, 4-18-1994. This section has been reserved for the City's future use.

Section 3-9 License applicant qualifications and other requirements to apply for license — additional requirement to apply for any liquor by the drink license. [1]

[Ord. No. 441 § 13, 20, 28, 1-2-1951; Ord. No. 989 § 1, 8-14-1972; Ord. No. 1084 § 1, 3-15-1977; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1881 § 2, 12-4-1995]
For any application for a license to sell intoxicating liquor by the drink at retail for consumption on the premises where sold, the applicant shall submit additional information in the written application to indicate that the applicant meets and complies with the requirements of this Section:
No person or corporation, or any employee, officer, agent, subsidiary, or affiliate thereof, shall have more than three (3) licenses, nor be directly or indirectly interested in any business of any other person or corporation, or of any employee, officer, agent, subsidiary, or affiliate thereof, to sell intoxicating liquor, at retail by the drink for consumption on the premises described in any license, nor shall any intoxicating liquor be sold at retail by the drink for consumption at the place of sale at more than three (3) places in this State, by any person or corporation, or by any employee, officer, agent, subsidiary, or affiliate thereof; except that in determining whether any person, corporation, or any employee, officer, agent, subsidiary, or affiliate thereof, has a disqualifying interest in more than three (3) licenses, there shall not be counted any license to sell intoxicating liquor at retail by the drink for consumption on premises which includes a restaurant at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on premises where sold 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 premises where sold, or which include a facility for the performance of live entertainment and where the receipts for admission to such performances exceed one hundred thousand dollars ($100,000.00) per calendar year.
[1]
State Law Reference — See RSMo., § 311.260.

Section 3-9.1 Same — additional requirements for tax exempt organization to apply for liquor by the drink licenses. [1]

[Ord. No. 1853 § 4, 5-15-1995]
A. 
For any application for a license by a qualified tax-exempt organization (as specified in Section 3-4 of the Centralia City Code) to sell intoxicating liquor by the drink at retail for consumption on the premises where sold, the applicant tax-exempt organization shall submit with the written application a letter from the United States Treasury Department exempting the organization from payment of federal income taxes under any of the Internal Revenue Code sections referred to in Section 3-4 of the Centralia City Code.
B. 
For any application for a Sunday license by a qualified tax-exempt organization (as specified in Section 3-4 of the Centralia City Code) to sell on Sunday after 11:00 A.M. intoxicating liquor by the drink at retail for consumption on the premises where sold, the following additional information shall be submitted by the applicant tax-exempt organization in the written application under oath or by separate affidavit attached to the application, to indicate the applicant tax-exempt organization meets and complies with the requirements of this Section:
1. 
The applicant tax-exempt organization shall already hold one (1) of the following licenses (which shall have been obtained from both the State and City Clerk): License to sell malt liquor and light wine by the drink at retail for consumption on the premises where sold; or License by a qualified tax-exempt organization to sell intoxicating liquor by the drink at retail for consumption on the premises where sold (other than Sunday); or Resort license to sell intoxicating liquor by the drink at retail for consumption on the premises of a resort. The applicant tax-exempt organization shall provide a copy of both said State and City licenses.
2. 
The premises for which a Sunday qualified tax-exempt organization license is sought shall be exactly the same as those premises covered by the above-stated licenses, one of which the applicant tax-exempt organization already shall hold.
3. 
A statement that the applicant tax-exempt organization acknowledges and understands that the Sunday qualified tax-exempt organization license shall only permit the sale on Sunday after 11:00 A.M. of the same types of intoxicating liquor permitted to be sold with the kind of license already held by the tax- exempt organization as specified above.
[1]
State Law Reference — See RSMo., § 311.090.

Section 3-10 Same — additional requirements to apply for resort license.

[Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1778 § 4, 2-21-1994; Ord. No. 1814 § 3, 9-19-1994; Ord. No. 1881 § 3, 12-4-1995; Ord. No. 2348 § 3, 6-1-2005]
For any application for a resort license to sell intoxicating liquor by the drink at retail for consumption on the premises of a resort, the following additional information shall be submitted by the applicant in the written application made under oath or by separate affidavit attached to the application, to indicate that the applicant meets and complies with the requirements of this Section:
A. 
For an establishment meeting the first (1st) definition of a resort as defined in this Chapter, the applicant shall submit a statement showing that the establishment has at least thirty (30) rooms for the overnight accommodation of transient guests and 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.
B. 
For an establishment meeting the second (2nd) definition of a resort as defined in this Chapter, the applicant shall submit a statement showing that the 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. An applicant who has not been in business one (1) year but who has been in business at least ninety (90) days immediately preceding the application for the resort license shall furnish a statement showing that a projected annual experience based upon its gross receipts during the ninety (90) day period immediately preceding the date of the application would exceed not less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales.[1]
[1]
State Law Reference — See RSMo., § 311.095.
C. 
An applicant for a resort license shall prepare and maintain the following records, for inspection if desired by the City Clerk, to substantiate the sales figures as presented in the statement required above, which shall include but not be limited to the following: prenumbered guest checks, cash register tapes, bank statements and canceled checks, and invoices for food and intoxicating liquor purchases.

Section 3-10.1 Temporary resort license — application requirements. [1]

[Ord. No. 1717 § 1, 12-21-1992; Ord. No. 1778 § 5, 2-21-1994; Ord. No. 1814 § 4, 9-19-1994; Ord. No. 1881 §§ 4 — 5, 12-4-1995; Ord. No. 2348 § 4, 6-1-2005]
A. 
If a person desiring to apply for a permanent resort license to sell intoxicating liquor by the drink at retail for consumption on the premises of a resort has an establishment meeting the second (2nd) definition of a resort as defined in this Chapter, but the person has not been in operation at least ninety (90) days immediately preceding the application for such license, the person may apply for a temporary resort license if the applicant furnishes a statement with the application showing a projection of annual gross receipts of not less than seventy-five thousand dollars ($75,000.00) per year, with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales. The temporary resort license shall be in effect for ninety (90) days after the license is approved by the City Clerk.
B. 
A person may apply for a temporary resort license only in conjunction with an application for a permanent resort license. The two (2) applications shall be submitted together and may be combined in one (1) document. The application for the permanent resort license shall not be considered by the City Clerk unless the applicant complies with the provisions of this Section. The application for the temporary resort license shall not be approved by the City Clerk unless all requirements for a permanent resort license are met except as provided for in Subsection (A) of this Section.
C. 
If an application for a temporary resort license is approved by the City Clerk, the licensee under the temporary resort license shall do the following before the City Clerk acts upon the application for a permanent resort license: At least one (1) business day before the temporary resort license expires, the licensee under the temporary resort license shall submit an affidavit to the City Clerk showing that a projected annual experience based upon the temporary resort licensee's gross receipts during the first eighty (80) days immediately following the approval of the temporary resort license of not less than seventy-five thousand dollars ($75,000.00) per year, with at least fifty thousand dollars ($50,000.00) of such gross receipts from non- alcoholic sales. The licensee shall prepare and maintain the following records, for inspection if desired by the City Clerk, to substantiate the sales figures as presented in the affidavit required in this Section: cash register tapes, bank statements and cancelled checks and invoices for food and intoxicating liquor purchases.
[1]
State Law Reference — For similar provisions, see RSMo. § 311.095.

Section 3-11 through Section 3-11.1. (Reserved) [1]

[1]
Editor’s Note: Former Sections 3-11, Same — Additional Requirements To Apply for Sunday Restaurant/Bar License, as adopted and amended by Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1788 § 6, 2-21-1994; Ord. No. 2348 § 5, 6-1-2005; and 3-11.1, Temporary Sunday Restaurant/Bar License — Application Requirements, as adopted and amended by Ord. No. 1717 § 2, 12-21-1991; Ord. No. 1778 § 7, 2-21-1994; Ord. No. 2348 § 6, 6-1-2005, were repealed 2-18-2014 by Ord. No. 2752 § 1.

Section 3-12 Procedure to submit license application; consideration by City Clerk to approve license application. [1]

[Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1717 § 3, 12-21-1992; Ord. No. 2348 § 7, 6-1-2005]
A. 
An applicant for any "set-up" license or any alcoholic beverage sale license shall submit the completed application form, under oath, with the attached affidavits or other documentation meeting the requirements of this Chapter for the license applied for, for consideration by the City Clerk. At least one (1) business day before the applicant wants a permanent license considered for issuance after a temporary license had previously been granted and at least two (2) business days before the applicant wants any other license considered for issuance, the applicant shall submit the completed application and two (2) photocopies thereof to the City Clerk. The City Clerk shall then distribute in a prompt manner the photocopies of the application to the Chief of Police and the City Attorney. The City Clerk and/or City Attorney shall review the application for completeness and compliance with the provisions of this Chapter.
B. 
If the application and photocopies contain all required information, the application shall be considered by the City Clerk for approval and shall be acted upon promptly by the City Clerk.
C. 
If an applicant is applying for both a temporary and permanent alcoholic beverage sale license, the application for the permanent license shall not be considered for approval by the City Clerk unless and until the application for the temporary license is approved by the City Clerk and all other requirements are met by the applicant for consideration of the permanent license application.
[1]
State Law Reference — See RSMo., §§ 311.220 and 312.140.
Cross Reference — See § 3-6 of this chapter.

Section 3-13 Applicability of chapter to druggists and physicians. [1]

[Ord. No. 441 § 14, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991]
Any druggist may have in his possession alcoholic beverages purchased by him from a licensed vendor under a license pursuant to this Chapter, or alcoholic beverages lawfully acquired at the place of acquisition and legally transported into this State and lawfully inspected, gauged and labeled as provided for in the Liquor Control Act of the State; such alcoholic beverage to be used in the business of a druggist in compounded medicines or as a solvent or preservant. Nothing in this Chapter shall prevent a regularly licensed druggist, after he procures a license therefor in compliance with this Chapter, from selling alcoholic beverages in the original packages, but not to be consumed or the packages opened on the premises where sold. Nothing in this Chapter shall be construed as limiting the right of a physician to prescribe alcoholic beverages in accordance with his professional judgment for any patient at any time or prevent a druggist from selling alcoholic beverages to a person on prescription from a regularly licensed physician as above provided.
[1]
State Law Reference — See RSMo., § 311.470.

Section 3-14 Granting of license; license tax — duration and non-proration; terms of license. [1]

[Ord. No. 441 §§ 8, 9, 17, 24, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1717 § 4, 12-21-1992; Ord. No. 1790 § 7, 4-18-1994; Ord. No. 2348 § 8, 6-1-2005]
A. 
Except as otherwise provided in Section 3-7 concerning Sunday package liquor licenses, on approval by the City Clerk of the application for a permanent City license authorized by this Chapter and payment by the applicant of the license tax set forth in Section 16-10, the City Clerk shall grant the applicant a license to conduct business in the City for the type of license requested, which said license shall expire on December thirty-first (31st) following the issuance thereof. A photocopy of Section 3-15 through Section 3-21 of the City Code shall be delivered to the licensee with the license. The license tax shall not be prorated on application for a partial year or upon cancellation, except as provided in Section 16-21.1(E). No license tax shall be returned to the license holder upon sale, transfer or dissolution of the business for which the license was issued or upon revocation or forfeiture of the license.[2]
[2]
State Law Reference — See RSMo., § 311.293.
B. 
On approval by the City Clerk of the application for a temporary City license authorized by this Chapter and payment by the applicant of the license tax (if any) set forth in Section 16-10, the City Clerk shall grant the applicant a temporary license to conduct business in the City for the type of temporary license requested for the period of the temporary license. Any license tax shall not be prorated upon cancellation, except as provided in Section 16-21.1 (E). No license tax shall be returned to the license holder upon sale, transfer or dissolution of the business for which the temporary license was issued or upon revocation or forfeiture of the temporary license.
C. 
A separate license shall be required for each place of business where alcoholic beverages are to be sold or consumed. Every license issued under the provisions of this Chapter shall particularly describe the premises at which alcoholic beverages may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of alcoholic beverages at any place other than that described therein. The license shall be posted at all times during the term of the license and kept displayed in a conspicuous place on the licensed premises, so that all persons visiting the premises may readily see the same. No licensee shall knowingly deface, destroy or alter any license in any respect.
[1]
State Law Reference — See RSMo., §§ 311.220, 311.240, 312.110 and 312.140.
Cross Reference — As to additional licensing regulations, see §§ 16-1, 16-3, 16-10 and 16-21.1(E).

Section 3-15 License and licensee — change of information or facts; license transfer to other premises; reporting violations and license revocations and suspensions.

[Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1717 § 5, 12-21-1992; Ord. No. 2348 § 9, 6-1-2005]
A. 
If, during the period for which a license is granted, there shall be any change of facts or information differing from that set forth in the original application or any renewal thereof on file with the City, the licensee shall submit written notice of the change of facts or information with the City Clerk within ten (10) days after the change. Once the change is submitted, the City Clerk may review the status of the license.
B. 
In the event the office of managing officer of a corporation licensee becomes vacant, the corporation shall secure a managing officer who meets the qualifications of this Chapter within fifteen (15) days after the vacancy occurs. The corporation shall, within ten (10) days after the new managing officer is employed, submit such written information under oath to the City Clerk as is necessary to evidence that the new managing officer meets the qualifications of this Chapter.
C. 
A license, in the discretion of the City Clerk, may be transferred to any other premises, provided the premises sought to be licensed meet the requirements of this Chapter. The application for the transfer to the City Clerk shall be in writing, under oath and shall set forth:
1. 
The name and address of the licensee;
2. 
The address and legal description of the premises to which removal is sought, together with the name and address of the landlord, if any; and
3. 
A statement from the licensee, if true, that such change shall not be in violation of any provisions of this Chapter and that the licensee is not now in violation of any provisions of this Chapter.
D. 
If during the period for which a license is granted or renewed a licensee shall be convicted of violating any City, State or Federal law of any kind (other than traffic tickets not involving the consumption or possession of alcohol), or if during the period for which a license is granted or renewed a licensee shall have any State or City alcoholic beverage license the licensee holds anywhere in Missouri suspended or revoked, or not renewed after application for renewal, the licensee shall report this information to the City Clerk in writing within ten (10) days of the conviction, suspension or revocation, or non-renewal.

Section 3-16 Transfer of license to other persons, when allowed; withdrawal of partner from partnership granted license. [1]

[Ord. No. 441 § 10, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991]
A. 
No license issued under this Chapter for non-intoxicating beer shall be transferable or assignable to another licensee.
B. 
No license issued under this Chapter for sale of any alcoholic beverage other than non-intoxicating beer shall be transferable or assignable to another licensee except as herein provided. In the event of the death of the licensed person, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Chapter and State law, may make application with the City Clerk and the City 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 tax has been paid by the deceased person. No assignee, trustee, guardian, or personal representative may sell any alcoholic beverage belonging to the estate over which said person has control except to a licensed wholesaler or retailer after first procuring the consent of the State Supervisor of Liquor Control to sell the alcoholic beverage.
C. 
Whenever one (1) or more members of a partnership withdraws from the partnership, the City Clerk, upon request, shall permit the remaining partner or partners, originally licensed, to continue to operate for the remainder of the period for which the license tax has been paid, without obtaining a new license.
[1]
State Law Reference — See RSMo., §§ 311.250 and 312.130.
Cross Reference — See § 16-1 of this Code.

Section 3-17 Renewal of license — application requirements.

[Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1778 § 8, 2-21-1994; Ord. No. 1814 § 5, 9-19-1994; Ord. No. 1853 § 5, 5-15-1995; Ord. No. 1881 § 6, 12-4-1995]
A. 
At the time a licensee under this Chapter for an alcoholic beverage sale license applies to the City Clerk to renew that license, the licensee shall present to the City Clerk as part of the application for renewal of the license a certificate from the State Department of Revenue that no sales or use tax is due by the licensee, which said certificate shall have been issued no earlier than ninety (90) days before the date the licensee's State liquor license was last due for renewal before the City alcoholic beverage sale license renewal.[1]
[1]
State Law Reference — See RSMo., § 311.665.
B. 
At the time a licensee who holds a resort license to sell intoxicating liquor by the drink at retail for consumption on the premises of the resort applies to the City Clerk to renew that license, the licensee shall present to the City Clerk as part of the application for renewal of the license an affidavit from the licensee indicating that the license meets and complies with the following requirements:
1. 
For an establishment meeting the first (1st) definition of a resort as defined in this Chapter, the licensee shall show that at least sixty percent (60%) of the gross income from the restaurant or similar facility for the past year immediately preceding the date of the renewal application or past calendar year immediately preceding the date of the renewal application was derived from the sale of prepared meals or food.
2. 
For an establishment meeting the second (2nd) definition of a resort as defined in this Chapter, the licensee shall show that the restaurant establishment's annual gross receipts immediately preceding the date of the renewal application 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 nonalcoholic sales.
3. 
That the licensee maintains the following records, for inspection if desired by the City Clerk, to substantiate the sales figures presented in the affidavit required above, which shall include but not be limited to the following: prenumbered guest checks, cash register tapes, bank statements and canceled checks, and invoices for food and intoxicating liquor purchases.[2]
[2]
State Law Reference — See RSMo., § 311.095.
C. 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection (C), regarding renewal of a Sunday restaurant/bar license, was repealed 2-18-2014 by Ord. No. 2752 § 1.

Section 3-18 Ordinance violations by licensee or employees concerning operation of licensed premises or concerning conduct of persons upon licensed premises. [1]

[Ord. No. 441 § 13, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991; Ord. No. 1881 § 7, 12-4-1995]
A licensee is at all times responsible for the conduct of the licensee's business and is at all times directly responsible for any act or conduct of any of the licensee's employees on the licensed premises which is in violation of any State or City law or any State regulations. It shall be unlawful for any licensee or his agents or employees to be in violation of any of the following provisions concerning the operation of the licensed business and premises or concerning the conduct of any person upon the licensed premises:
A. 
No alcoholic beverages shall be kept, possessed, consumed, stored, sold or offered for sale, given away or otherwise disposed of upon or about the licensed premises by the licensee or his employees and none of the aforesaid shall be permitted by the licensee or his employees as to anyone else, except for those alcoholic beverages allowed to be possessed and sold by the license issued to the licensee under the provisions of this Chapter.[2]
[2]
State Law Reference — See RSMo., §§ 311.270 and 311.330.
B. 
(Reserved)
[Repealed by Ord. No. 1881 § 7, 12-4-1995]
C. 
No public speaking system transmitter, sound device or any other type of device either mechanical or electric, shall emit and direct music, spoken words, sounds or noise of any kind either from the inside or outside of the licensed premises to the sidewalks, streets or areas adjoining the licensed premises.
D. 
In an establishment licensed to sell alcoholic beverages by the drink for consumption on the premises where sold, no bottle, can, cup or any other container containing alcoholic beverages (except any bottle, can, cup or other container in the manufacturer's original, unopened container with the seal unbroken) shall be permitted to be removed or carried away from the licensed premises by any person other than the licensee or his employees. Such opened containers containing alcoholic beverages are commonly referred to as "go-cups" or "to go cups."
E. 
All licensed premises shall be kept clean and sanitary and meeting minimum standards of the State Department of Health as prescribed by State regulations, including 19 CSR 20-1.010.
F. 
In an establishment licensed only to sell malt liquor and/or non-intoxicating beer by the drink for consumption on the premises where sold, no ice, water, soda water, phosphates or any other kind of liquid to be used for the purpose of mixing intoxicating drinks (and commonly referred to as "set-ups") shall be knowingly sold, given away or served upon the premises by the licensee or his employees. No person on such licensed premises shall be allowed to pour into, mix with or add intoxicating liquor (other than malt liquor) to water, soda water, ginger ale, seltzer or other liquids.
G. 
In an establishment licensed to sell alcoholic beverages in the original package not to be consumed upon the premises where sold, the licensed premises shall not be advertised as or doing business as a "liquor store," and shall not have the phrase "liquorstore" affixed to or otherwise displayed on the licensed premises. In addition, no alcoholic beverages sold in the original package at retail shall be allowed to be consumed upon the premises where sold, nor shall the original package be allowed to be opened on such premises.[3]
[3]
State Law Reference — See RSMo., § 311.200(1).
H. 
At no time, under any circumstances shall any licensee or his employees allow or fail immediately to prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the licensed premises, nor shall any licensee or his employees allow any indecent, profane or obscene language, song, entertainment, literature or advertising material upon the licensed premises. In the event that a licensee or his employee knows or should have known that an illegal or violent act has been committed on or about the licensed premises, the licensee or his employee shall immediately report the occurrence to the City Police and shall cooperate with the police during the course of any investigation into an occurrence.[4]
[4]
State Law Reference — See RSMo., § 311.710.
I. 
No gambling of any kind or character whatsoever in which the one who plays stands to win or lose money, prizes, merchandise or any other consideration shall be permitted upon the licensed premises, other than State lottery tickets when the licensee is licensed by the State Lottery Commission to sell lottery tickets. No gambling devices shall be allowed upon the licensed premises.
J. 
No "controlled substance" as defined in Chapter 195 of the Revised Statutes of Missouri shall be possessed, stored, sold or offered for sale, given away or otherwise disposed of by the licensee or his employees upon or about the licensed premises. No licensee or his employees shall permit any person upon or about the licensed premises to possess, store, sell or offer for sale, give away or otherwise dispose of said "controlled substances."[5]
[5]
State Law Reference — See RSMo., ch. 195.
K. 
No licensee or his employee shall mix or pour, or permit to be mixed or poured, any alcoholic beverage directly into any person's mouth upon or about the licensed premises.
L. 
No person under the age of twenty-one (21) years shall be permitted by the licensee or his employees to consume any alcoholic beverages upon or about the licensed premises.
M. 
No alcoholic beverages shall be sold in any place other than that designated in the license. No alcoholic beverages shall be sold at any time not authorized in this Chapter.[6]
[6]
Cross Reference — Also see § 3-5.
N. 
No licensee shall employ on or about the licensed premises any person who has been convicted since the ratification of the Twenty-First Amendment of the Constitution of the United States on December 5, 1933, of a violation of the provisions of any law applicable to the manufacture or sale of alcoholic beverages, nor shall any licensee employ on or about the licensed premises any person who shall have had a license revoked under this Chapter or Chapter 311 or Chapter 312 of the Revised Statutes of Missouri. No licensee shall employ on or about the licensed premises any felon except as otherwise provided in Section 3-19.
[1]
Cross Reference — As to suspensions, revocations, non-renewals of licenses, exceptions, see § 3-19 of this Code.

Section 3-19 Convictions and law violations-when such may not be sole cause for suspending, revoking, refusing to renew or refusing to grant license. [1]

[Ord. No. 441 § 21, 1-2-1951; Ord. No. 1629 § 1, 7-1-1991]
A. 
Neither the Board of Aldermen nor the City Clerk shall suspend, revoke, refuse to renew or refuse to grant a license issued under the provisions of this Chapter based on a violation of any provision of this Chapter, Chapter 311 or Chapter 312 of the Revised Statutes of Missouri, or of any rule or regulation promulgated by the State Supervisor of Liquor Control, when such violation occurred more than three (3) years prior to the decision by the Board of Aldermen or the City Clerk to suspend, revoke, refuse to renew or refuse to grant such license.
B. 
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 alcoholic beverages by accepting payment, taking orders, delivering, mixing or assisting in mixing or serving alcoholic beverages in the capacity of bar manager, bartender, waiter, waitress, cashier or sales Clerk. Each employer shall report in writing the identity of any employee convicted of a felony to the City Clerk within ten (10) days of the employee's employment.
C. 
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 of alcoholic beverage to someone under the age of twenty-one (21) years when the person is or was serving in the capacity of an employee of a licensed establishment.
[1]
State Law Reference — As to qualifications for licenses, see RSMo., § 311.060. As to suspension or revocation, see RSMo., § 311.212. As to sales to minors and certain other persons, see RSMo., § 311.310.
Cross Reference — See §§ 3-6, 3-18, 3-20 and 3-21 of this Code.

Section 3-20 Suspension, revocation and non-renewal of license. [1]

[Ord. No. 1629 § 1, 7-1-1991]
The procedure for suspensions, revocations and non-renewals of licenses issued under this Chapter shall be governed by the provisions of Section 16-21.1.
[1]
Cross Reference — See §§ 3-19, 3-21 and 16-21.1 of this Code.

Section 3-21 Conviction for violating chapter provision — penalty in general; license revocation upon conviction. [1]

[Ord. No. 441 § 21, 1-2-1951; Ord. No. 875 § 2, 12-11-1967; Ord. No. 1629 § 1, 7-1-1991]
Any person violating any of the provisions of this Chapter shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished as provided in Section 1-7 of this Code. Provided, that upon final conviction of any person for a violation of any of the provisions of this Chapter, such conviction shall automatically operate to revoke the license hereunder issued to such person unless the conviction relates to a matter for which a license revocation is not permitted under any of the provisions of Section 3-19. Provided further, that the term "conviction," as used herein shall mean conviction upon final determination of any prosecuting of any violation of this Chapter. Provided further, that no person having been convicted of the violation of any of the provisions of this Chapter shall be issued a license or a renewal thereof for a period of one (1) year, from the date of such conviction.
[1]
State Law Reference — See RSMo., § 311.720.
Cross Reference — Also see §§ 3-19 and 3-20.

Section 3-22 City Clerk to develop forms to apply for license and renewal of license.

[Ord. No. 1629 § 1, 7-1-1991]
The City Clerk is hereby authorized to develop and prepare all forms for persons to apply for all licenses issued under this Chapter and all forms for persons to apply for renewal of said licenses. The City Clerk is hereby authorized to include on such forms whatever is deemed necessary in order for:
A. 
The Board of Aldermen to determine, in considering an application for a license to be issued under this Chapter, that the applicant meets all qualifications to be issued a license, and
B. 
The City Clerk to determine, in considering the application for renewal of a license issued under this Chapter, that the licensee meets all qualifications to have the licensee's license renewed.