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.
[R.O. 2013 §600.010; CC 1984 §3-1; Ord. No. 167 §I, 5-7-1937; Ord. No. 441 §1, 12-20-1967; Ord. No. 617 §1, 10-20-1976]
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also
be construed and held to refer to any package containing one (1) or
more standard bottles, cans or pouches of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
PREMISES
That portion of any building in which a licensee hereunder
has his/her place of business and any additional building or portion
thereof used in connection therewith, and the entire lot or lots,
parcel or parcels of land on which said buildings are situated, or
which are used in connection with said buildings.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[R.O. 2013 §600.230; Ord. No. 1569 §§1 — 2, 8-19-2002]
A. No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within three hundred (300) 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 Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within three hundred
(300) 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 three hundred (300)
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.
D. Measurements
shall be in a straight line from the nearest property line of the
school or church property to the nearest portion of the building or
unit in a building selling or serving alcoholic beverages.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the state of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
[R.O. 2013 §600.170; CC 1984 §3-43; Ord. No. 167 §XXIII, 5-7-1937]
A. Filing And Approval Of An Application.
1. Each application for a 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.
2. 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 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.
B. Qualifications For Licenses.
1. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the County or City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County or City; and, except as otherwise provided under Subsection
(G) of this Section, no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the 21st Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked unless five (5) years have passed since the revocation as provided under Subsection
(F) of this Section, or who has been convicted of violating such law since the date aforesaid; provided that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State.
2. Additional Requirements; Exceptions.
a. No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership or such corporation, or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this Chapter shall have had a license revoked under this Chapter except as otherwise provided under Subsections
(F) and
(G) of this Section, or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st Amendment to the Constitution of the United States, or shall not be a person of good moral character.
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. The Division of Alcohol and Tobacco
Control shall promulgate rules to enforce the provisions of this Subsection.
c. No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in this
Section.
C. A "resident corporation" is defined to be a corporation incorporated
under the laws of this State, all the officers and directors of which,
and all the stockholders, who legally and beneficially own or control
sixty percent (60%) or more of the stock in amount and in voting rights,
shall be qualified legal voters and taxpaying citizens of the county
and municipality in which they reside and who shall have been bona
fide residents of the State for a period of three (3) years continuously
immediately prior to the date of filing of application for a license,
provided that a stockholder need not be a voter or a taxpayer, and
all the resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this Chapter; provided that no corporation
licensed under the provisions of this Chapter on January 1, 1947,
nor any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code, shall be disqualified by reason of the new requirements
herein, except corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight,
or owned or controlled, directly or indirectly, by non-resident persons,
partnerships or corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight.
D. The
term "financial interest" as used in this Chapter is defined to mean
all interest, legal or beneficial, direct or indirect, in the capital
devoted to the licensed enterprise and all such interest in the net
profits of the enterprise, after the payment of reasonable and necessary
operating business expenses and taxes, including interest in dividends,
preferred dividends, interest and profits, directly or indirectly
paid as compensation for, or in consideration of interest in, or for
use of, the capital devoted to the enterprise, or for property or
money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
E. The
City Clerk shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the City Clerk.
F. Any
person whose license or permit issued under this Chapter has been
revoked shall be automatically eligible to work as an employee of
an establishment holding a license or permit under this Chapter five
(5) years after the date of the revocation.
G. Any person whose license or permit issued under this Chapter has
been revoked shall be eligible to apply and be qualified for a new
license or permit five (5) years after the date of the revocation.
The person may be issued a new license or permit at the discretion
of the Division of Alcohol and Tobacco Control. If the City denies
the request for a new permit or license, the person may not submit
a new application for five (5) years from the date of the denial.
If the application is approved, the person shall pay all fees required
by law for the license or permit. Any person whose request for a new
license or permit is denied may seek a determination by the Administrative
Hearing Commission as provided under Section 311.691, RSMo.
[R.O. 2013 §600.210(A); CC 1984 §3-47(A); Ord. No. 167 §VII, 5-7-1937; Ord. No. 797 §2, 8-6-1984]
Upon the filing of application for license herein, said application
shall be presented to the Board of Aldermen at the next regular or
special meeting thereof, and upon approval of said application by
a majority of said Board, and upon the payment of the license tax
herein provided, the City Collector shall grant the applicant a license
to conduct business in the City. A separate license shall be required
for each place of business.
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. 2013 §600.080(D); CC 1984 §3-8; Ord. No. 1067 §1, 5-20-1992]
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, Repackaging Prohibited, When. 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. 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.
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, including
motorcycles, 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.
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.
[R.O. 2013 §600.350; Ord. No. 1427 §1, 12-7-1998]
A. It
shall be unlawful for any person maintaining, owning, or operating
a commercial establishment located within the City of Valley Park,
at which alcoholic beverages are offered for sale for consumption
on the premises:
1. To suffer or permit any female person, while on the premises of said
commercial establishment, to expose to the public view that area of
the human breast at or below the areola thereof.
2. To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in Subsection
(A)(1) of this Section.
3. To suffer or permit any person, while on the premises of said commercial
establishment, to expose to public view his or her genitals, pubic
area, buttocks, anus, anal cleft or cleavage.
4. To suffer or permit any person, while on the premises of said commercial
establishment, to employ any device or covering which is intended
to give the appearance of or simulate the genitals, pubic area, buttocks,
anus, anal cleft or cleavage.
5. To suffer or permit any person, while on the premises of said commercial
establishment, to engage in the actual or simulated touching, caressing
or fondling on the breasts, buttocks, anus, genitals or pubic area.
B. It
shall be unlawful for any female person, while on the premises of
a commercial establishment located within the City of Valley Park,
at which alcoholic beverages are offered for sale for consumption
on the premises, to expose to public view that area of the human female
breast at or below the areola thereof, or to employ any device or
covering which is intended to give the appearance or simulate such
ares of the female breast as described herein.
C. It
shall be unlawful for any person, while on the premises of a commercial
establishment located within the City of Valley Park, at which alcoholic
beverages are offered for sale for consumption on the premises, to
expose to public view his or her genitals, pubic area, buttocks, anus
or anal cleft or cleavage, or to employ any device or covering which
is intended to give the appearance of or simulate the genitals, pubic
area, buttocks, anus or anal cleft or cleavage.
D. If the owner, operator, licensee, lessor, lessee, manager, employee, or any other person participating in the operation of commercial establishment located within the City of Valley Park, at which alcoholic beverages are offered for sale for consumption on the premises, shall be convicted of any of the offenses designated in Subsection
(A) hereof, then the Board of Aldermen shall revoke the liquor license for said establishment after giving a reasonable notice thereof to the holder of said license and affording the holder an opportunity to be heard as to why the revocation should not be issued.