For the purposes of this Chapter the following terms shall be
deemed to have the meanings indicated below:
Shall mean and include 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%) by volume except for non-intoxicating
beer as defined in Section 312.010, RSMo. 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, but subject to
inspection as provided by Sections 196.365 to 196.445, RSMo.
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.
Any package containing three (3), six (6), twelve (12), or
twenty-four (24) small standard beer bottles, and any package containing
three (3), six (6) or twelve (12) large standard beer bottles, when
such bottles contain non-intoxicating beer as defined by this Chapter.
Any person, firm, company, association, or corporation, to
whom or to which any provision of this Chapter applies or may apply.
[CC 1984 §50.020]
It shall be unlawful for any person, firm, partnership, or corporation
to manufacture, sell or expose for sale, either at wholesale or retail,
in this City, intoxicating liquor or non-intoxicating beer, as herein
defined, in any quantity without first having obtained a license from
the City therefor, except as otherwise herein provided.
[CC 1984 §50.140]
All applications for license under the provision of this Chapter,
shall be made in writing to the Board of Aldermen. All applications
for sale of malt liquor not in excess of five percent (5%) of alcohol
by weight shall be accompanied by an inventory and appraised valuation
of stock of goods, at the proposed place of business in said application,
other than intoxicating liquor, which inventory and appraisal shall
be under oath; said inventory and appraised valuation aforesaid shall
be the value according to invoice at the time of making the application
for said license.
[CC 1984 §50.150]
No license shall be granted at the same meeting of the Board
of Aldermen at which the application is presented except by unanimous
vote of the Board. Provided however, that said application may be
passed on by the Board of Aldermen at the first (1st) meeting of the
Board, at which the application is presented, if said applicant has
first served notice in writing, of his/her intention to present said
application, upon each member of the Board at least five (5) days
before the meeting of the Board at which said application is to be
presented.
[CC 1984 §50.160]
On approval of the application by the Board of Aldermen and
payment of the license tax herein provided, the City Clerk shall grant
applicant a license to conduct business in the City for one (1) year
from date of issuance of said license. Every license issued under
the provision of this Chapter shall particularly describe the premises
at which intoxicating liquor may be sold thereunder, and such license
shall not be deemed to authorize or permit the sale of intoxicating
liquor at any place other than that described. Provided further, that
the City Clerk shall not deliver to any person a license under the
provision of this Chapter, until such person shall produce the receipt
of the City Collector showing that the taxes levied on the same have
been paid.
[CC 1984 §50.030]
A.Â
The
licenses required and imposed under this Chapter shall be as follows:
1.Â
Retailers in intoxicating liquors sold only in the original package
and not to be consumed upon the premises, the sum of seventy-five
dollars ($75.00) per annum.
2.Â
Retailers, in malt liquors not to exceed five percent (5%) alcohol
by weight the sum of twenty-two dollars fifty cents ($22.50) per year
for sale in the original package, for sale by the drink the sum of
fifty-two dollars fifty cents ($52.50) per year.
3.Â
Retailers of non-intoxicating beer not in excess of three and two
tenths percent (3.2%) alcohol by weight, by the drink a license fee
of thirty dollars ($30.00) per annum. In the original package the
sum of thirty dollars ($30.00) per annum.
4.Â
Wholesaler or wholesaler agent for the sale of intoxicating liquors of all kinds three hundred seventy-five dollars ($375.00) per annum, except as set out in Subsection (5).
5.Â
Wholesale or wholesale dealers or agents the sum of one hundred dollars
($100.00) per annum for the sale of malt liquors not to exceed five
percent (5%) alcohol by weight.
[CC 1984 §50.040]
The number of City licenses to sell intoxicating liquor in excess
of five percent (5%) of alcohol by weight in the original package
in the City, is hereby limited to one (1) license for each four hundred
(400) population, and one (1) such license for any fraction remaining
in excess of four hundred (400) population. "Population" as used in this Section means the population of the City, as shown
by the last Federal census.
A.Â
No
license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this law may make application
and the City may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased.
B.Â
Whenever
one (1) or more members of a partnership withdraws from the partnership
the City, upon being requested, shall permit the remaining partner,
or partners, originally licensed, to continue to operate for the remainder
of the period for which the license fee has been paid, without obtaining
a new license.
[CC 1984 §50.060]
Each license in compliance with this Article shall be for one
(1) year from date of issue, unless revoked for cause herein provided.
[CC 1984 §50.070; Ord. No. 1993-9(50.070) §50.070, 8-9-1993; Ord. No. 2004-4, 8-9-2004]
Notwithstanding the provisions of Section 600.120 or any other ordinance to the contrary, any person having a license under the provisions of this Chapter may apply for a special license to sell intoxicating liquor at retail between the hours of 9:00 A.M. and Midnight on Sundays, otherwise known as 12:00 A.M. on Monday. A licensee under this Section shall pay to the Clerk of the City of Seneca a fee of two hundred dollars ($200.00) per year, payable at the same time and in the same manner as its other license fees.
A.Â
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 Directors of the school, or the consent
in writing of the majority of the managing Board of the church or
place of worship; 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 lack of consent in writing as herein provided.
B.Â
Exception. When a school, church or place of worship is
established within the prohibited distance from any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for lack of consent in writing as herein provided.
A.Â
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B), shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her 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. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section 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. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors
are locked and where no patrons are in the place or about the premises.
Any person violating any provision of this Section shall be deemed
guilty of a misdemeanor. Nothing in this Section shall be construed
to prohibit the sale or delivery of any intoxicating liquor during
any of the hours or on any of the days specified in this Section by
a wholesaler licensed under the provisions of Section 311.180, RSMo.,
to a person licensed to sell the intoxicating liquor at retail.
B.Â
Any
person licensed pursuant to this Chapter, shall not be permitted to
sell, give away, or otherwise dispose of, or suffer the same to be
done upon or about his/her 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.
[CC 1984 §50.110]
No person shall possess intoxicating liquor within the City
unless the same has been acquired from some person holding a duly
authorized license to sell the same under this Chapter, or unless
the said intoxicating liquor is had or kept with the written or printed
permission of the State Supervisor of Liquor Control, and the package
in which intoxicating liquor is contained and from which it is taken
for consumption has, while containing intoxicating liquor, been labeled
and sealed with the official seal prescribed under the State law and
the regulations made thereunder. Provided further, that nothing in
this Chapter shall be construed as to prevent the natural fermentation
of fruit juices in the home for the exclusive use of the occupants
of the home and their guests.
[CC 1984 §50.120]
Any druggist may have in his/her possession intoxicating liquors
purchased by him/her from a licensed vendor under a license pursuant
to this Chapter, or intoxicating liquor 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 of Missouri: such intoxicating liquor to be used
in the business of a druggist in compounding medicines or as a solvent
or preservant. Provided, that nothing in this Act shall prevent a
regularly licensed druggist, after he/she procures a license therefor
in compliance with this Chapter, from selling intoxicating liquor
in the original package, but not to be drunk or the package opened
on the premises where sold. Provided further, that nothing in this
Section shall be construed as limiting the right of a physician to
prescribe intoxicating liquor in accordance with his/her professional
judgment for any patient at any time or prevent a druggist from selling
intoxicating liquor to a person on prescription from a regularly licensed
physician as provided above.
Any licensee under this Chapter, or his/her employee, who 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, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his/her parent or guardian who shall procure for, sell, give
away or otherwise supply intoxicating liquor to any person under the
age of twenty-one (21) years, or to any intoxicated person or any
person appearing to be in a state of intoxication, or to a habitual
drunkard, shall be deemed guilty of a misdemeanor, except that this
Section shall not apply to the supplying of intoxicating liquor to
a person under the age of twenty-one (21) years for medical purposes
only, or to the administering of such intoxicating liquor to any person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor when serving in
the capacity as an employee of a licensed establishment.
B.Â
In
any place of business licensed in accordance with this Chapter, persons
at least eighteen (18) years of age may stock, arrange displays, operate
the cash register or scanner connected to a cash register and accept
payment for, and sack for carryout, intoxicating liquor or non-intoxicating
beer. Delivery of intoxicating liquor or non-intoxicating beer away
from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years.
C.Â
In
any distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail. Any
wholesaler licensed pursuant to this Section or Chapter 312, RSMo.,
may employ persons of at least eighteen (18) years of age to rotate,
stock and arrange displays at retail establishments licensed to sell
intoxicating liquor or non-intoxicating beer.
D.Â
Persons
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor or non-intoxicating beer in places of business which sell food
for consumption on the premises if at least fifty percent (50%) of
all sales in those places consists of food; provided that nothing
in this Section shall authorize persons under twenty-one (21) years
of age to mix or serve across the bar intoxicating beverages or non-intoxicating
beer.
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.010 of this Chapter, is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter, involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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 not 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.
No person or his/her employee shall sell or supply non-intoxicating
beer or permit 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. 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 said age for medicinal purposes only, or by
the parent or guardian of such person or to the administering of said
non-intoxicating beer to said person by a physician.
[CC 1984 §50.170]
Intoxicating liquor shall be sold at retail in the original
package, only upon a license granted by the Board of Aldermen, and
said intoxicating liquor so sold shall not be consumed upon the premises
where sold, nor the original package opened on said premises of the
vendor, except as otherwise provided in this Chapter. Provided further,
that no intoxicating liquor purchased in the original package shall
be consumed or permitted to be consumed upon any premises where intoxicating
liquor is authorized to be sold.
No person having a license under the provisions of this Section
to sell non-intoxicating beer at retail shall be granted or permitted
to hold a license to sell malt liquor containing alcohol in excess
of three and two-tenths percent (3.2%) by weight or any other kind
of intoxicating liquor; nor shall any person be granted or permitted
to hold a license to sell non-intoxicating beer in, upon or about
the premises of any person who is the holder of a license to sell
intoxicating liquor.
No person shall be granted a license hereunder unless such person
is of good moral character and a qualified legal voter and a taxpaying
citizen of the City, nor shall any corporation be granted a license
hereunder unless the managing officer of such corporation is of good
moral character and a qualified legal voter and taxpaying citizen
of the City; and no person shall be granted a license or permit hereunder
whose license as such dealer has been revoked, or who has been convicted,
since the ratification of the Twenty-First Amendment to the Constitution
of the United States, of a violation of the provisions of any law
applicable to the manufacture or sale of intoxicating liquor, or who
employs in his/her business as such dealer, any person whose license
has been revoked or who has been convicted of violating such law since
the date aforesaid; provided, that nothing in this Section contained
shall prevent the issuance of licenses to non-residents of Missouri
or foreign corporations for the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of intoxicating liquors
to, by or through a duly licensed wholesaler, within this State.
[CC 1984 §50.530]
The Board of Aldermen, may on hearing, revoke any license issued
under the provisions of this Article for good cause shown, first having
given such licensee not less than ten (10) days' notice in writing
of the application to revoke his/her license prior to the order of
revocation issuing, which said notice shall contain the ground or
grounds for such revocation set out therein, which notice shall command
the licensee to be present at the regular or called meeting of the
Board of Aldermen and show cause, if any, why such license should
not be revoked. Provided, that said licensee shall have full right
to be represented by counsel at said hearing, and may produce witnesses
and evidence in his/her behalf at such hearing. Provided further,
that such notice of revocation hearing shall be served by the Chief
of Police and may be served upon the licensee by leaving a copy thereof
with the licensee or any person or employee in charge of the place
of business of said licensee.
[CC 1984 §50.740]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Chapter for cause or otherwise
the City shall in no event return any part of the license fee paid
for such license.
