City of Caruthersville, MO
Pemiscot County
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Table of Contents
Table of Contents
Cross References — Health and sanitation, ch. 235; nuisances, ch. 220; alcoholic beverages prohibited in city parks, §225.050; police, ch. 200; licenses, permits and miscellaneous business regulations, ch. 610; motor vehicles and traffic, Title III.; municipal court, ch. 135; offenses and miscellaneous provisions, ch. 215; driving while intoxicated, ch. 342.
Editor's Note — Ord. no. 2009-11 §1, adopted April 20, 2009, repealed ch. 600 and enacted new provisions set out herein. Former ch. 600 derived from Code 1961 §§44.01, 44.09, 44.13 — 44.14, 44-15(b), 44-17; CC 1983 §§4-1 — 4-4, 4-7 — 4-13, 4-24 — 4-32, 4-35 — 4-42; ord. no. 643 §2(a), 3-5-84; ord. no. 674 §§1 — 2, 10-19-87; ord. no. 706 §1, 4-2-90; ord. no. 746 §§1 — 2, 8-2-93; ord no. 791 §2, 5-6-96.

Section 600.005 Purpose.

[Ord. No. 2009-11 §1, 4-20-2009]
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.

Section 600.010 Definitions.

[Ord. No. 2009-11 §1, 4-20-2009]
When used in this Chapter, the following words shall have the following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or has a dance floor of at least twenty-five hundred (2,500) square feet or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.
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, except for non-intoxicating beer as defined herein. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight manufactured from pure hops or pure extract of hops, or pure barley malt, or wholesome grains or cereals, and wholesome yeast, and pure water.
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.
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 or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator or any other officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
RESTAURANT BAR
Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.

Section 600.015 Sale by the Drink Defined.

[Ord. No. 2009-11 §1, 4-20-2009]
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.

Section 600.020 License Required — Classes of Licenses.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Caruthersville without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.
B. 
General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer:
1. 
Package liquor — malt liquor only. Sales of malt liquor at retail in the original package not for consumption on the premises where sold. This license may include Sunday sales from 9:00 A.M. to Midnight.
2. 
Package liquor — non-intoxicating beer. Sales of non-intoxicating beer at retail in the original package not for consumption on the premises where sold.
3. 
Package liquor — all kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (2) of this Section.
4. 
Liquor by the drink — malt liquor/light wine only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1), (5) and (6) of this Section.
5. 
Malt liquor by the drink. Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section 600.010 of this Chapter and set out in Subsection (6) hereof. This license may include Sunday sales from 9:00 A.M. to Midnight.
6. 
Liquor by the drink — non-intoxicating beer. Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.
7. 
Liquor by the drink — all kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(3) of this Section.
8. 
Consumption of intoxicating liquor — eating/entertainment. Consumption of alcohol on premises of any premises where food, beverages or entertainment are sold or provided for compensation as provided in this Chapter.
C. 
Sunday Sales. Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 9:00 A.M. and Midnight:
1. 
Package liquor — all kinds. Sales of liquor of all kinds in the original package at retail not for consumption on the premises where sold.
2. 
Liquor by the drink — restaurant bar. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any restaurant bar.
3. 
Liquor by the drink — amusement place. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any amusement place.
4. 
Liquor by the drink — place of entertainment. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any place of entertainment.
D. 
Permits.
1. 
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. 
Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3. 
Tasting permit — winery, distiller, manufacturer, etc.
a. 
Any winery, distiller, manufacturer, wholesaler or brewer or designated employee may provide and pour distilled spirits, wine or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b. 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler or brewer or designated employee may provide, furnish or pour distilled spirits, wine or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Sections 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's licensed premises as described in Section 311.090, RSMo.

Section 600.030 License Regulations.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter or law.
B. 
Newly-Opened Restaurant Bars Or Amusement Places.
1. 
Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.
2. 
Any new amusement place having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the amusement place can show a projection of gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts are in non-alcoholic sales for the first (1st) year of operation. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.
C. 
Temporary Permit For Sale By Drink — Certain Organizations.
1. 
The City Clerk may issue a permit for the sale of intoxicating liquor and non-intoxicating beer for consumption on premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization.
2. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating beer on that day beginning at 11:00 A.M.
3. 
At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.
4. 
No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at such picnic, bazaar, fair or similar gathering.
D. 
Operating Hours, Days.
1. 
No person having a license issued pursuant to this Chapter nor any employee of such person shall sell, give away or permit the consumption of any intoxicating liquor or non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday upon or about his/her premises, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor or non-intoxicating beer by the drink shall keep a closed place during the aforementioned prohibited times.
2. 
When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter to the contrary.
E. 
General License Regulations.
1. 
Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.
2. 
A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
3. 
No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Chapter, may make application and the Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the Clerk, upon being requested, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.
4. 
In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
F. 
Druggists May Sell And Physicians Prescribe Liquor. Any druggist may have in his/her possession intoxicating liquor purchased by him/her from a licensed vendor under a license pursuant to State law, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State, and lawfully inspected, gauged and labeled as provided by State law; such intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservant; provided that nothing in this Chapter shall prevent a regularly licensed druggist, after he/she procures a license therefor, from selling intoxicating liquor in the original package but not to be drunk or the packages opened on the premises where sold; and provided further, that nothing in this Chapter 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 above provided.

Section 600.035 Sales of Liquor Prohibited Near Schools and Churches.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Pursuant to the authority granted by Subsection (2) of Section 311.080, RSMo., no license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within a distance of one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, except that when a school, church or place of worship shall hereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within one hundred (100) feet of the proposed licensed premises.
B. 
Subsection (A) of this Section shall not apply to any premises holding a license issued before April 20, 2009, by the City 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.

Section 600.040 Schedule of License Fees.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Malt liquor — original package: $75.00.
b. 
Non-intoxicating beer — original package: $22.50.
c. 
Intoxicating liquor (all kinds) — original package: $150.00.
d. 
Malt liquor — by drink: $75.00.
e. 
Malt liquor and light wines — by drink: $75.00.
f. 
Non-intoxicating beer — by drink: $37.50.
g. 
Intoxicating liquor (all kinds) — by drink: $450.00.
h. 
Consumption of intoxicating liquor on premises: $90.00.
2. 
Sunday sales. (Additional fees)
a. 
Intoxicating liquor — original package: $300.00.
b. 
Restaurant bars: $300.00.
c. 
Amusement places: $300.00.
d. 
Liquor by the drink — charitable organizations: $300.00.
3. 
Permits.
a. 
Temporary permit — by the drink for certain organizations (7 days max.): $37.50.
b. 
Tasting permit: $37.50.
c. 
Caterers: $15.00 per each calendar day.
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).

Section 600.045 Temporary Location for Liquor by the Drink, Caterers — Permit — Fee Required.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.040(3)(c) above, or fraction thereof, for which the permit is issued.
B. 
Except as provided in Subsection (C), all provisions of the liquor control law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held, shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C. 
Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.
D. 
To assure and control product quality, wholesalers may, but shall not be required to, give a retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%) by weight or non-intoxicating beer delivered and invoiced under the catering permit number, but not used, if the wholesaler removes the product within seventy-two (72) hours of the expiration of the catering permit issued pursuant to this Section.

Section 600.050 Application for License and Renewal.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Filing Of An Application. Each application for an original or renewal license shall be filed with the City Collector 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.
B. 
Qualifications.
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, Town, City or Village, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village; 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.
2. 
 
(a) 
No person, partnership or corporation shall be qualified for a license under this law if such person, any member of such partnership, or such corporation, or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the Twenty-First Amendment to the Constitution of the United States or shall not be a person of good moral character.
(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 intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the State Division of Liquor Control. The Division of Liquor Control shall promulgate rules to enforce the provisions of this Subdivision.
3. 
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.
4. 
The City Collector shall 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 shall set out, with other information required, full information concerning the residence of all persons financially interested in the business to be licensed. All material changes in the information filed shall be promptly reported to the City Collector.
C. 
The City Collector shall forward the application to the following officers who shall perform the following investigations and report their findings as provided below:
1. 
The City Building Inspector shall inspect the building to insure that it complies with all City building and property maintenance codes, zoning ordinances, and distances from schools or places of religious worship. If the premises is in compliance with the City's ordinances, the Building Inspector shall so indicate on the application. If the premises fails to comply, the Building Inspector shall report the particulars in which the premises is deficient on the application. The Building Inspector shall report his or her findings within ten (10) days of receipt of the application.
2. 
The Chief of Police shall investigate the qualifications of the applicant set forth in this Chapter. If the applicant satisfies all such qualifications, the Chief of Police shall indicate that fact on the application. If the applicant fails to satisfy any of the qualifications, the Chief of Police shall specify in the space provided on the application the qualifications that the applicant fails to satisfy. The Chief of Police shall report his or her findings within ten (10) days of the receipt of the application.
D. 
If the findings of the Building Inspector and Chief of Police indicate that the premises and the applicant are qualified for a license, the Collector shall grant the applicant a license to conduct business in the City for a term to expire with the thirtieth (30th) day of June next succeeding the date of such license, unless such license be revoked or suspended for cause before the expiration of such time.
E. 
If the findings of the Building Inspector or the Chief of Police indicate that either the premises or the applicant do not satisfy the qualifications for issuance of a license, the Collector shall deny the license. In the event of a denial of any license, the applicant shall have the right to appeal such denial and shall be granted a hearing before the City Council which shall follow the procedures set forth in this Chapter for revocation or suspension of a license.

Section 600.060 Minors.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.
1. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.
2. 
In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out intoxicating liquor 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. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee's gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.
3. 
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.
B. 
Sales To Minor — Exceptions.
1. 
No licensee, his/her employee or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to such person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.
2. 
Any owner, occupant or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.
3. 
It shall be a defense to prosecution under this Subsection if:
a. 
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
b. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card or other official or apparently official document containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
C. 
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport, Or I.D. Cards, Penalties.
1. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
2. 
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. 
Minors In Possession Of Intoxicating Liquor, Non-Intoxicating Beer.
1. 
No person under the age of twenty-one (21) years shall purchase or attempt to purchase or have in his/her possession any intoxicating liquor or non-intoxicating beer as defined in Section 600.010 or shall be visibly intoxicated as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood.
2. 
The provisions of this Subsection shall not apply to a student who:
a. 
Is eighteen (18) years of age or older;
b. 
Is enrolled in an accredited college or university and is a student in a culinary course;
c. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
d. 
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
3. 
The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
E. 
For purposes of prosecution under this Section, 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 in such container. The alleged violator may allege that there was no 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 any non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.

Section 600.065 Eating/Entertainment Places, Drinking of Liquor on Premises, License Required, When, Hours — Regulations — Penalties — Exceptions.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor or non-intoxicating beer, to permit the drinking or consumption of intoxicating liquor or non-intoxicating beer in the premises without having a license as in this Section provided.
B. 
Application for such license shall be made to the City Collector on forms to be prescribed by the City, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this Section. A license shall be required for each separate premises and shall expire on the thirtieth (30th) day of June next succeeding the date of such license. The license fee shall be ninety dollars ($90.00) per year and the applicant shall pay seven dollars fifty cents ($7.50) for each month or part thereof remaining from the date of the license to the next succeeding first (1st) of July. Applications for renewals of licenses shall be filed on or before the first (1st) of May of each year.
C. 
The drinking or consumption of intoxicating liquor or non-intoxicating beer shall not be permitted in or upon the licensed premises 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. Sunday and 6:00 A.M. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Chapter governing the conduct of premises licensed for the sale of intoxicating liquor or non-intoxicating beer by the drink. The provision of this Section regulating the drinking or consumption of intoxicating liquor or non-intoxicating beer between certain hours and on Sunday shall apply also to premises licensed under this Chapter to sell intoxicating liquor or non-intoxicating beer by the drink. 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, Town, City or Village, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village.
D. 
Any premises operated in violation of the provisions of this Section, or where intoxicating liquor or non-intoxicating beer is consumed in violation of this Section, is hereby declared to be a public and common nuisance and it shall be the duty of the City Council to enjoin such nuisance.
E. 
Any person operating any premises or any employee, agent, representative, partner or associate of such person who shall knowingly violate any of the provisions of this Section, or any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of an ordinance violation punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or both such fine or imprisonment.
F. 
Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer at retail.
G. 
No intoxicating liquor or non-intoxicating beer may be served or sold on any premises used as a polling place on election day.

Section 600.070 Miscellaneous Offenses.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this State. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Section.
B. 
Packaging, Labeling. Any retailer licensed pursuant to this Chapter shall not:
1. 
Sell intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
C. 
Mixing Liquor With Drugs Prohibited. No licensee or any other person shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.
D. 
Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the provisions of the liquor control law of Missouri, and any such person upon conviction shall have his/her license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.
E. 
Only Those Liquors Authorized By License To Be Kept On Premises.
1. 
It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.
2. 
Any retailer licensed pursuant to this Chapter shall not:
a. 
Sell intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or
b. 
Repackage intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
F. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor Or Non-Intoxicating Beer. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor or non-intoxicating beer, 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. 
Eating Places, Drinking Of Liquor On Premises, License Required, When, Hours.
H. 
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 or non-intoxicating beer 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 or non-intoxicating beer 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 or non-intoxicating beer while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.

Section 600.080 Warning Sign Displayed — Liquor Licenses.

[Ord. No. 2009-11 §1, 4-20-2009]
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.

Section 600.090 Administration of Law — License Suspension/Revocation.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Suspension Or Revocation Of License — When — Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the City Council not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.100 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapters 311 or 312, RSMo., or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years,
b. 
Any person during unauthorized hours on the licensed premises,
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Board.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted or receives a suspended imposition of sentence in any court of any violation of Chapter 311 or Chapter 312, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended, and the suspension shall be for a term not less than that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Council shall sell or give away any intoxicating liquor or non-intoxicating beer during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Council's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.

Section 600.100 Hearings Upon Suspension or Revocation of Licenses.

[Ord. No. 2009-11 §1, 4-20-2009]
A. 
Testimony — Evidence. Hearings before the Council shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Council for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Council also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the Council shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Council may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within thirty (30) days of the date of the Council's decision. The Council may delay the implementation of its order pending appeal.