[CC 1970 §3-1; CC 1947 §10-35; Ord. No. 3485 §1, 8-10-1971; Ord. No. 4212 §1, 10-13-1981; Ord. No. 4869 §1, 3-10-1992; Ord. No. 5195 §1, 9-26-1995; Ord. No. 6160 §1, 9-13-2011]
As used in this Chapter, the following terms shall have the
respective meanings ascribed to them:
BAR
Any counter or similar furnishing other than a table for
which the primary purpose is the service of alcoholic beverages or
light meals.
BUSINESS DISTRICT
Those areas within the following boundaries:
1.
An area bounded by the City limits on the east, Hanley Road
on the west, Forsyth Boulevard on the north and Forest Park Expressway
on the south.
2.
An area bounded by Hanley Road on the east, Brentwood Boulevard
on the west, Maryland Avenue on the north and Shaw Park Drive on the
south.
3.
An area bounded by Brentwood Boulevard on the east, North Forsyth
Boulevard on the west, the south side of Maryland on the north and
Forsyth Boulevard on the south.
4.
The south side of Maryland Avenue from North Forsyth Boulevard
on the east to the City limits on the west.
5.
The north side of Maryland Avenue from Brentwood Boulevard on
the east to North Forsyth Boulevard on the west.
6.
The triangular area bounded by Forest Park Parkway, Brentwood
Boulevard and Interstate 170 (known as Corporate Park).
7.
The triangular area bounded by Interstate 170, Brentwood Boulevard
and Clayton Road.
CITY
The City of Clayton, Missouri.
CLUB
Any not-for-profit organization, incorporated or unincorporated,
having in excess of fifty (50) members and personal property and equipment
costing in excess of twenty-five hundred dollars ($2,500.00), all
of which property shall be owned by the members in the manner provided
by Missouri law for incorporated and unincorporated organizations.
HAPPY HOUR
Any designated period of time during which the consumption
of intoxicating liquor on the premises is encouraged by the sale and/or
service of intoxicating liquor or other beverages of any type and/or
food at a discount, at no charge or by any other means.
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
Any wines manufactured exclusively from grapes, berries and
other fruits and vegetables containing not in excess of fourteen percent
(14%) of alcohol by weight.
MALT LIQUOR
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 in excess of three
and two-tenths percent (3.2%) by weight.
MICROBREWERY
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
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 in excess of one-half
of one percent (.5%) by volume and not in excess of three and two-tenths
percent (3.2%) by weight.
PERSON
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court.
PREMISES
The place where intoxicating liquor or non-intoxicating beer
is sold, dispensed and consumed and may be one (1) room, a building
comprising several rooms or a building with adjacent or surrounding
land such as a lot or garden.
RESIDENTIAL AREA
An area located in the City that has been designated as residential
as set forth in Title IV of this Code, Zoning Regulations.
RESTAURANT
Any place of business, the main purpose and activity of which
is to serve meals, sandwiches, short orders and other food to be eaten
by its customers on the premises and which does not provide or furnish
to the public lodging or sleeping rooms.
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.
WINE BAR
A type of restaurant (as defined in Section
405.390) with a floor area not exceeding one thousand five hundred (1,500) gross square feet which serves food and only beer, wine and non-alcoholic beverages and where the sale of food consumed on the premises constitutes at least twenty percent (20%) of gross sales of the establishment.
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.
[Ord. No. 6160 §2, 9-13-2011]
No more than one (1) "wine bar" license shall be approved and
issued by the City for each six thousand (6,000) residents or portion
thereof as determined by the most recent decennial census.
[CC 1970 §3-13; CC 1947 §10-37(d); Ord. No. 3486 §1, 8-10-1971; Ord. No. 4097 §1, 3-25-1980; Ord. No. 4329 §1, 9-27-1983; Ord. No. 4529 §1, 9-9-1986; Ord.
No. 4624 §1, 3-22-1988; Ord. No. 5762 §1, 6-10-2003; Ord. No. 5790 §1, 10-28-2003; Ord.
No. 6727, 10-26-2021]
A. No person having a license issued pursuant to this Chapter or Chapter
312, RSMo., nor any employee of such person, shall sell, give away
or permit the consumption of any intoxicating liquor in any quantity
between the hours of 1:30 A.M. and 6:00 A.M. upon or about his/her
premises.
B. 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 liquor, are dispensed, then the licensee shall
keep securely locked during the hours and on the days herein specified
all refrigerators, cabinets, cases, boxes and taps from which intoxicating
liquor is dispensed.
C. Notwithstanding any other provision of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter
and who now hereafter meets the requirements of and complies with
the provisions of this Chapter may apply for and, upon approval of
the Board of Aldermen, the Director of Finance may issue a license
to sell intoxicating liquor, as in this Chapter defined, between the
hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday by the drink
at retail for consumption on the premises of any restaurant bar as
described in this Chapter and in the application. Persons holding
a license under this Subsection shall comply with all provisions of
the State law and with all other ordinances and regulations of the
City relating to the sale of liquor by the drink for consumption on
the premises where sold.
D. Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter
and who is licensed to sell intoxicating liquor in the original package
at retail under this Chapter may apply for and, upon approval of the
Board of Aldermen, the Director of Finance may issue a special permit
to conduct wine, malt beverage and distilled spirit tastings on the
licensed premises; provided, however, that issuance of such a permit
shall not be construed to permit the licensee to sell wine, malt beverages
or distilled spirits for on-premises consumption.
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.
[CC 1970 §3-18; CC 1947 §10-37(f)]
It shall be unlawful for any minor under the age of eighteen
(18) years to be and remain or to loiter in any premises (other than
the dining or lodging areas of hotels or restaurants) where intoxicating
liquors are sold at retail by the drink for consumption on the premises,
unless accompanied by the parent or legal guardian of such minor and
it shall be unlawful for any person licensed to sell intoxicating
liquors at retail by the drink for consumption on the premises or
his/her employee to allow any minor under the age of eighteen (18)
years, unless accompanied by the parent or legal guardian of such
minor, to be and remain or to loiter on said premises, except for
the sale by minors in supermarkets as authorized by State law and
each such licensee shall keep at all times conspicuously posted a
printed sign displaying in black letters not less than one (1) inch
wide on a white background the words: "Notice—Minors under the
age of eighteen (18) years are not allowed here unless accompanied
by parent or legal guardian". The maintenance of such sign, however,
shall not excuse any licensee from a violation of this provision.
[Ord. No. 6420 §1, 4-12-2016]
A. It shall be unlawful for any retail licensee, licensed to sell intoxicating
liquor, wine or beer, or his/her employee to permit in, upon or about
the licensed premises:
1.
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
2.
The displaying of any portion of the areola of the female breast
or failure to cover the entire areola and front of the breast with
opaque clothing;
3.
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
4.
The actual or simulated displaying of the pubic hair, anus,
vulva or genitals or failure to cover pubic hair, anus, vulva or genitals
with opaque clothing;
5.
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus or fails at
any time to have and keep opaque clothing over all parts of his/her
genitals and anus; and
6.
The displaying of films, video or DVD programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
B. Additional unlawful acts for any retail licensee, licensed to sell
intoxicating liquor, wine or beer, or his/her employee:
1.
At no time, under any circumstances, shall any licensee or his/her
employees immediately fail to prevent or suppress any violent quarrel,
disorder, brawl, fight or other improper or unlawful conduct of any
person upon the licensed premises, nor shall any licensee or his/her
employees allow any indecent, profane or obscene language, song, entertainment,
literature or advertising material upon the licensed premises.
2.
In the event that a licensee or his/her employee knows or should
have known, that an illegal or violent act has been committed on or
about the licensed premises, they immediately shall report the occurrence
to law enforcement authorities and shall cooperate with law enforcement
authorities and agents of the Division of Liquor Control during the
course of any investigation into an occurrence.
C. In addition to the licensee and/or his/her employee being subject to all penalties contained in Section
100.110 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.
[Ord. No. 6727, 10-26-2021]
A. Notwithstanding any provision of law to the contrary, any person
who is licensed to sell intoxicating liquor at retail by the drink
for on-premises consumption may sell retailer-packaged alcoholic beverages
to customers in containers, filled on such premises by any employee
of the retailer who is twenty-one (21) years of age or older, for
off-premises consumption if all the following requirements are met:
1.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A sealable container does not include a container
with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Section,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by
a licensee for off-premises consumption is limited to twice the number
of meal servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an
electronic record for the meal and alcohol beverages; and
6.
The container is either:
a.
Placed in a one-time-use, tamperproof, transparent bag that
is securely sealed; or
b.
The container opening is sealed with tamperproof tape.
For purposes of this Subsection, "tamperproof" means that a
lid, cap, or seal visibly demonstrates when a bag or container has
been opened.
|
B. Containers that are filled under Subsection
(A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
[CC 1970 §17-12; CC 1947 §12-37; Ord. No. 5066 §1, 4-26-1994]
A. Any
person who shall use, distribute, possess, purchase, sell or otherwise
obtain any intoxicating liquor, malt liquor or non-intoxicating beer
and shall be found in the City with any of said beverages in his/her
possession intending to drink, drinking or having drunk any of said
beverages in or on any highway, thoroughfare, street, alley, place,
way, parking lot or other area open to the public for vehicular or
pedestrian travel or use, regardless of his/her legal status or whether
owned by the City or other public bodies or by private persons or
in any public place, shall be deemed guilty of an ordinance violation.
Provided however, that the provisions of this Section shall not apply
to:
1. Any person who has been granted a license or permit as provided in Chapter
600 of this Code of Ordinances.
2. Any person possessing a beverage container containing alcoholic beverages
for immediate consumption, within the boundaries of a civic event,
which was obtained from an authorized concessionaire.
3. Any person possessing a beverage container containing alcoholic beverages
for immediate consumption within thirty (30) feet of any designated
outdoor dining or outdoor seating area of a restaurant duly authorized
to provide outdoor dining or outdoor seating for its patrons. This
exception shall apply only on those days when any permit for a civic
event has been issued and only for the time during said event and
within thirty (30) minutes thereafter.
4. Any person possessing an unopened alcohol beverage container, outside
the boundaries of a civic event, which has been purchased from a licensed
retailer for the purpose of transport to his/her residence or other
private premises on which he/she is a invitee, guest or licensee for
future consumption.
5. For purposes of this Section, the following words and phrases shall
have the meanings set forth below, unless the context otherwise requires:
BEVERAGE CONTAINER
Any metal, glass, plastic, wood, leather or animal skin or
other container, can, bottle, jug or barrel, sealed or unsealed, designed
or used for containing liquids intended for human consumption.
CIVIC EVENT
Any picnic, fair, festival (except those festivals described and defined in Section
600.220 of the Clayton Code of Ordinances), carnival or other event to which the general public is invited and for which a permit has been issued for use of public streets, parks or other public property or within the area of a public park or other public place.