[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:
Any counter or similar furnishing other than a table for
which the primary purpose is the service of alcoholic beverages or
light meals.
Those areas within the following boundaries:
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.
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.
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.
The south side of Maryland Avenue from North Forsyth Boulevard
on the east to the City limits on the west.
The north side of Maryland Avenue from Brentwood Boulevard on
the east to North Forsyth Boulevard on the west.
The triangular area bounded by Forest Park Parkway, Brentwood
Boulevard and Interstate 170 (known as Corporate Park).
The triangular area bounded by Interstate 170, Brentwood Boulevard
and Clayton Road.
The City of Clayton, Missouri.
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.
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.
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.
Any wines manufactured exclusively from grapes, berries and
other fruits and vegetables containing not in excess of fourteen percent
(14%) of alcohol by weight.
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.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
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.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court.
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.
An area located in the City that has been designated as residential
as set forth in Title IV of this Code, Zoning Regulations.
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.
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.
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.
[1]
Cross Reference—Definition of "original package", §600.140(B).
State Law References—For definitions, §§311.020,
311.030, 311.060, 311.095, 311.100, 311.290, 311.550, 312.010, RSMo.
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.
(RSMo. §311.080, 2005)
A.
No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within two hundred (200) 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 two hundred
(200) 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 two hundred (200)
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.
[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.
A.
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.
B.
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. 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.
C.
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 Chapter 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.
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.
A.
Any
person of the age of seventeen (17) years and under the age of twenty-one
(21) years who shall represent that he/she has attained the age of
twenty-one (21) years for the purpose of purchasing, asking for or
in any way receiving any intoxicating liquor, except in cases authorized
by law, shall upon conviction be deemed guilty of an ordinance violation.
Any person under the age of seventeen (17) years who shall represent
that he/she has attained the age of twenty-one (21) years for the
purpose of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
211, RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
A.
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 or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood is guilty of an ordinance violation. 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.
B.
For
purposes of determining violations of any provision of this Chapter,
or of 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 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.
C.
The
provisions of this Section shall not apply to a student who:
1.
Is eighteen (18) years of age or older;
2.
Is enrolled in an accredited college or university and is a student
in a culinary course;
3.
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
4.
Tastes a beverage under Subdivision (3) of this Subsection only for
instructional purposes during classes that are part of the curriculum
of the accredited college or university.
|
|
The beverage must at all times remain in the possession and
control of an 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.
|
A.
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 an ordinance violation, 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.
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 or her parent
or guardian, is guilty of an ordinance violation.
C.
It
shall be a defense to prosecution under this Section if:
1.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
2.
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
3.
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.
[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.
[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:
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.
ALCOHOLIC BEVERAGE
BEVERAGE CONTAINER
CIVIC EVENT
For purposes of this Section, the following words and phrases shall
have the meanings set forth below, unless the context otherwise requires:
Intoxicating liquor as defined in Section 311.020, RSMo.
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.
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.
