[R.O. 2008 § 600.010; R.O. 2007 § 600.010;
CC 1978 § 600.010; Ord. No. 237 § 2, 11-7-1961]
Unless the context indicates that
a different meaning is intended, the following words and phrases shall
have the meanings ascribed to them:
A place where all doors are locked and where no patrons are
in the place or about the premises.
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt, or other liquors, or combination of liquors, a part
of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes, containing in excess of one-half
of one percent (0.5%) by volume. 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.
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.
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
Officer appointed by any State or Federal Court.
[R.O. 2008 § 600.020; R.O. 2007 § 600.020;
CC 1978 § 600.020; Ord. No. 237 § 10, 11-7-1961]
It shall be unlawful for any person
to manufacture, sell or expose for sale intoxicating liquor in any
quantity in the City without first having obtained such license from
the City as may be provided for in this Chapter. A separate license
shall be required for each place of business.
[R.O. 2008 § 600.030; R.O. 2007 § 600.030;
CC 1978 § 600.030; Ord. No. 237 § 11, 11-7-1961; Ord. No. 409 §§ 1 – 3, 3-21-1972; Ord. No. 1113 §§ 1 –
2, 6-7-1984; Ord. No.
4993 § 1, 4-13-2006; Ord. No. 5037 § 1, 7-18-2006; Ord. No. 5863 § 1, 3-14-2013]
A.
The kinds of licenses required which shall
be issued by the City and the annual license fees therefor by the
City shall be as follows:
1.
Sunday Sales Original Package. Retail
sold direct to the consumer, not for resale and not for consumption
on the premises during the hours allowed for Sunday sales: $300.00.
2.
Sunday Sales By The Drink. Retail
liquor by the drink for consumption on the premises where sold during
the hours allowed for such Sunday sales: $300.00.
3.
Liquor By The Drink—Full Liquor
License. Retail all intoxicating liquor and original package for consumption
on the premises where sold: $450.00.
4.
5% Beer And Light Wine. Fourteen
percent (14%) by weight for consumption on the premises where sold
by the drink: $75.00.
5.
5% Beer—Original Package. Fourteen
percent (14%) by weight in the original package not for consumption
on the premises sold direct to the consumer, not for resale: $75.00.
6.
Original Package Retail—Full
Liquor License. Retail, not for consumption on the premises, sold
direct to the consumer, but not for resale: $150.00.
7.
Liquor Wholesale—Solicitor
License. Selling to duly licensed wholesalers and soliciting orders:
$300.00.
8.
Microbrewery License. For a business
whose primary activity is the brewing and selling of beer, with an
annual production of ten thousand (10,000) barrels or less: $150.00.
9.
Beer/Liquor By The Drink Caterer's
License. Retail for consumption on the premises: $10.00/day.
10.
5% Beer By The Drink. (Includes Sunday
sales) Not to exceed five percent (5%) by weight for consumption on
premises where sold: $75.00.
11.
Beer/Liquor By The Drink Picnic License.
Liquor by the drink for consumption on the premises where sold. Issued
to any church, school, civic service, fraternal, veteran, political
or charitable club or organization for the sale at a picnic, bazaar,
fair or similar gathering: $37.50.
12.
Liquor By The Drink Extension Of
Premises. Retail all intoxicating liquor for consumption on the premises.
Extension of premises shall be for special events to be held in the
area touching the front door of the establishment only: $37.50.
13.
Beer Only Original Package. Original
packages, sold directly to consumer, not for consumption on the premises
and not for resale (includes Sundays): $75.00.
14.
COL—Consumption Liquor License.
Permits a person operating a business where food, beverages, entertainment
and/or use of the facility are provided for compensation to allow
others who use such premises to consume intoxicating liquor: $90.00.
15.
Wine Tasting. Permits a person licensed
to sell intoxicating liquor in the original package at retail to conduct
wine and distilled spirit tastings on the licensed premises: $37.50.
16.
Missouri Wine By The Drink. Permits
a person to sell intoxicating liquor by the drink at retail for consumption
on the premises where sold, but seventy-five percent (75%) or more
of the intoxicating liquor sold by such licensed person shall be Missouri-produced
wines received from manufacturers licensed under Missouri State Statute
311.190. Such premises may remain open between the hours of 6:00 A.M.
and Midnight, Monday through Saturday, and between the hours of 11:00
A.M. and 9:00 P.M. on Sundays: $450.00.
B.
The fees for liquor licenses set forth
in this Section shall be waived for organizations that have been designated
as one (1) of the following organizations by the Internal Revenue
Service: 501(c)(3) (charitable and religious organizations), 501(c)(4)
(civic and social welfare organizations), 501(c)(8) (fraternal beneficiary
societies, orders or associations), 501(c)(10) (domestic fraternal
societies, orders or associations), and 501(c)(19) (a post or organization
of past or present members of the Armed Forces of the United States).
C.
Any restaurant bar, without an on-site
brewery, that serves twenty (20) or more different types of draft
beer may sell thirty-two (32) fluid ounces or more of such beer to
customers for consumption off the premises of such restaurant. As
used in this Section, the term "restaurant bar" means 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 meals or food both prepared on the premises and consumed on such
premises.
[R.O. 2008 § 600.040; R.O. 2007 § 600.040;
CC 1978 § 600.040; Ord. No. 237 § 12, 11-7-1961; Ord. No. 5863 § 2, 3-14-2013]
A.
No person shall be granted a license under
this Chapter unless such person has obtained a business license from
the City of O'Fallon and has maintained such business license in good
standing. No person shall be granted a license under this Chapter
unless such person has received all required land use approvals, including
a conditional use permit, from the City of O'Fallon.
B.
No person shall be granted a license under
this Chapter unless such person is of good moral character and a qualified
legal voter and taxpaying citizen of a County, Town, City or Village
where he/she resides in this State. No partnership or corporation
shall be granted a license under this Chapter unless the managing
partner or officer of such partnership or corporation is of good moral
character and a qualified voter of this State. No person shall be
granted a license under this Chapter whose license as such dealer
has been revoked, or who has been convicted since the ratification
of the 21st Amendment to the Constitution of the United States of
a violation of the provisions of any law applicable to the manufacture
or sale of intoxicating liquor, or who employs in his/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.
[R.O. 2008 § 600.050; R.O. 2007 § 600.050;
CC 1978 § 600.050]
A.
No license issued under this Chapter shall
be transferable or assignable except as provided in this Section.
In the event of the death of the licensee, the surviving spouse or
next of kin of such deceased licensee, who shall meet the other requirements
of this Chapter, may make application and the City Council may order
the transfer of 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. No executor, administrator, receiver,
assignee, trustee or guardian may sell any intoxicating liquor belonging
to the estate over which he/she has control except to a licensed wholesaler
or retailer.
B.
Whenever one (1) or more members of a partnership
withdraw from the partnership, the City Council, upon request, shall
permit the remaining one (1) or more partners originally licensed
to continue to operate for the remainder of the period for which the
license fee was paid.
[R.O. 2008 § 600.060; R.O. 2007 § 600.060;
CC 1978 § 600.060; Ord. No. 237 § 14, 11-7-1961; Ord. No. 5863 § 3, 3-14-2013; Ord. No. 6411, 12-14-2017[1]; Ord. No. 6910, 5-26-2022]
A.
Each license issued in compliance with
this Chapter shall expire on June thirtieth (30th) next succeeding
the beginning date of such license. A separate license shall be required
for each place of business. Of the annual license tax to be paid for
any such license, the applicant shall pay as many twelfths (12ths)
as there are months, part of a month to be counted as one (1) month,
remaining from the date of the license to the next succeeding July
first (1st).
B.
Applications for renewal of licenses must
be filed on or before the first (1st) day of June of each calendar
year. If a licensee fails to file an application to renew a license
issued under this Chapter within thirty (30) days of the date the
prior license expired any application by that licensee for that licensed
premises must be filed, and will be processed, as a new license application
rather than a renewal.
C.
All licenses granted in renewal of a license
expiring on June thirtieth (30th) of any year shall be granted and
issued for the period of one (1) year beginning on July first (1st)
of the year in which granted and issued and shall expire on June thirtieth
(30th) of the next succeeding year.
D.
No license shall be given a beginning date
prior to the day of approval of application and granting of such license
as provided in this Chapter. If a licensee fails to obtain renewal
of a license prior lo 12:01 AM on July 1 no person on the previously
licensed premises may manufacture, sell or expose for sale, intoxicating
liquor, or manufacture, brew or sell any non-intoxicating beer, in
any quantity on the premises until an appropriate license is obtained.
[1]
Editor's Note: The title of this Section was
also changed from "Term — Proration, Renewal, Dating License
Prior To Grant By City Council" to "Term — Proration, Renewal,
License Date."
[R.O. 2008 § 600.070; R.O. 2007 § 600.070;
CC 1978 § 600.070; Ord. No. 237 § 15, 11-7-1961; Ord. No. 6411, 12-14-2017]
No license required by this Chapter
shall be granted unless application has been made as required in this
Chapter.
[R.O. 2008 § 600.080; R.O. 2007 § 600.080;
CC 1978 § 600.080; Ord. No. 237 § 16, 11-7-1961; Ord. No. 5863 § 4, 3-14-2013; Ord. No. 6411, 12-14-2017]
A.
All applications for licenses under the
provisions of this Chapter shall be made in writing and submitted
to the City Clerk. Each application shall set forth the following
information:
1.
Designation of the kind of license
desired;
2.
Description of the premises to which
such license is to apply and the location or address thereof;
3.
Name, place of residence and mailing
address of the person, individual, association, partnership, or corporation
for whom a license is sought;
4.
If the applicant is a partnership
or corporation, the name, place of residence and mailing address for
each partner or member of the Board of Directors;
5.
Name, place of residence and mailing
address of the managing officer who shall be responsible for the day-to-day
operation of the establishment;
6.
Dates and places of all revocation
of liquor licenses and all convictions of any law applicable to the
manufacture or sale of intoxicating liquor, if any;
7.
Term of license;
8.
Signature of applicant;
9.
Such other information as required
by the Sate of Missouri or required by the City Clerk for the purpose
of proper administration.
[R.O. 2008 § 600.090; R.O. 2007 § 600.090;
CC 1978 § 600.090; Ord. No. 237 § 17, 11-7-1961; Ord. No. 6411, 12-14-2017[1]]
A.
The Chief of Police shall supervise an
investigation which is focused on the propriety of granting a new
license or renewing an existing license considering the validity of
the statements made in the application, the applicant's history of
compliance with applicable law, violations attributed to the establishment,
and other factors relating to the standards of issuance. The investigation
for each application shall be in a form and as extensive as the Chief
of Police deems appropriate. The Police Department is not required
to conduct an investigation of any person who has submitted an incomplete
application packet.
B.
Upon conclusion of the investigation on
applications where no concerns were found, the Police Department will
convey that fact to the City Clerk. For each application presenting
concerns the Police Chief shall report that in writing to the City
Clerk and shall indicate a recommendation for approval or denial.
Any recommendation for denial of the application shall include a justification
based on the standards for approval and issuance.
C.
The Police Department's findings shall
be provided to the City Clerk no later than thirty (30) days from
the date that the application was submitted to the City Clerk.
[1]
Editor's Note: The title of this Section was
also changed from "Application — Filing and Presentation To
City Council" to "Investigation Required."
[R.O. 2008 § 600.100; R.O. 2007 § 600.100;
CC 1978 § 600.100; Ord. No. 237 § 18, 11-7-1961; Ord. No. 6411, 12-14-2017]
At the time of filing application
for a license under the provisions of this Chapter, the applicant
shall place in the hands of the City Clerk the amount of license fee
for the license applied for, either in cash, or bank draft, money
order, certified check or cashier's check, made payable to the City.
No license shall be granted unless such deposit of the license fee
has been made. If the license is not granted, the amount of license
fee shall be refunded to the applicant. If the license is granted,
such amount deposited with the application shall be turned over to
the Director of Finance whose receipt therefor shall be given to the
applicant, together with the license issued.
[R.O. 2008 § 600.110; R.O. 2007 § 600.110;
CC 1978 § 600.110; Ord. No. 237 § 19, 11-7-1961; Ord. No. 6411, 12-14-2017[1]]
A.
All applications for new liquor licenses
together with the Police Chief's report, shall be presented to the
City Council immediately upon receipt of the Police Chief's report
and scheduled for action at the Council's next meeting. Upon approval
of an application by a majority of the members elected to the City
Council, the City Clerk shall issue the license. If the City Council
fails to approve such license no license shall be issued.
B.
With respect to all renewals of existing
liquor licenses where no concerns were revealed in the Police Department's
investigation the City Clerk shall renew such liquor licenses except
that the City Clerk, in his or her discretion, may refer one (1) or
more such renewals to the City Council for action. Any such referral
shall be made to the City Council and scheduled for action at a Council
meeting prior to expiration of the existing license. Upon approval
of a referred application by a majority of the members elected to
the City Council, the City Clerk shall issue the license. If the City
Council fails to approve a renewal, no license shall be issued.
C.
All applications for renewal of existing
liquor licenses that involve concerns noted in the Police Department's
investigation shall be referred to the City Council immediately upon
receipt of the Police Chief's report and scheduled for action at the
Council's next meeting. Upon approval of a renewal application by
a majority of the members elected to the City Council, the City Clerk
shall issue the license. If the City Council fails to approve a renewal,
no license shall be issued.
[1]
Editor's Note: The title of this Section was
also changed from "Application — When Considered By City Council"
to "Application — Consideration and Issuance of License."
[R.O. 2008 § 600.120; R.O. 2007 § 600.120;
CC 1978 § 600.120; Ord. No. 237 § 20, 11-7-1961; Ord. No. 6411, 12-14-2017[1]]
Each license granted shall describe
the kind of license, the license fee, the premises on which sale is
to be made, the name of the license holder, the date of issuance and
period of time for which such license is granted.
[1]
Editor's Note: The title of this Section was
also changed from "Grant and Issuance — Contents" to "Contents
of License."
[R.O. 2008 § 600.130; Ord. No. 5421 § 1, 2-12-2009]
A.
No license shall be granted for the sale
of intoxicating liquor, as defined in this Chapter, within three hundred
(300) feet of any school, church, or other building regularly used
as a place of religious worship, unless the applicant for the license
shall first obtain the consent in writing of the City Council, except
that when a school, church or place of worship shall hereafter be
established within three hundred (300) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for this reason. Such consent shall not be granted until at least
ten (10) days' written notice has been provided to all owners of the
property within three hundred (300) feet of the proposed licensed
premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2009, 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.
[R.O. 2008 § 600.140; R.O. 2007 § 600.140;
CC 1978 § 600.150; Ord. No. 237 § 23, 11-7-1961; Ord. No. 5863 § 5, 3-14-2013]
A.
The City Council, following a hearing,
may suspend, revoke or otherwise discipline any license issued under
this Chapter for any of the following reasons:
1.
Failure to keep an orderly place
or house or causing, maintaining or assisting in the cause or maintenance
of a nuisance, whether public or private;
2.
Failure to comply or any violation
of any provision of this Chapter or the regulations promulgated under
the authority of this Chapter;
3.
Violation of the terms and conditions
upon which the license was issued;
4.
Violation of any ordinance of the
City regulating the licensee;
5.
Violation of any other Federal, State
or local law or regulation pertaining to the licensee or the activities
associated with the sale of alcoholic beverages;
6.
Failure of the licensee to pay any
tax, fee, fine or other governmental charge required by law;
7.
Illegal or improper issuance of the
license;
8.
Any misrepresentation or false statement
in the application for such license;
9.
Failure to maintain an appropriate
business license issued by the City; or
10.
Failure to obtain a similar license
from the State or County Supervisor of Liquor Control or suspension,
revocation or other discipline of licensee's State or County liquor
license.
B.
Prior to the imposition of any discipline,
the City Council shall first, upon motion of the City Council, direct
a notice of the date, time and place of such hearing, setting forth
the grounds upon which such license is sought to be revoked, and commanding
the licensee to appear and show cause why such license should not
be revoked. Such notice shall be served by the Chief of Police upon
the licensee, or upon an officer of the licensee if a corporation,
or upon any employee of the licensee at the time of service in charge
of the place of business licensed. The licensee shall have the right
to have counsel and to produce witnesses in his/her own behalf in
such hearing. Such hearing shall be conducted as other City Council
proceedings are conducted. No license shall be revoked or suspended
except upon vote therefor by a majority of the members elected to
the City Council, the Mayor having no vote except in case of a four
(4) to four (4) tie vote by the members elected to the City Council.
[R.O. 2008 § 600.150; R.O. 2007 § 600.150;
CC 1978 § 600.160; Ord. No. 237 § 24, 11-7-1961]
In case any license issued under
the provisions of this Chapter is revoked, surrendered or forfeited
by the licensee, not used or used for only part of the license period,
after the effective beginning date of such license, no refund of any
license fee or part thereof shall be made.
[R.O. 2008 § 600.160; R.O. 2007 § 600.160;
CC 1978 § 600.180; Ord. No. 453 § 1, 9-6-1973; Ord. No. 1184 § 10, 1-17-1985; Ord. No. 1591 § 2, 5-17-1988; Ord. No. 3564 § 1, 7-21-1997; Ord. No. 3585 § 1, 9-8-1997; Ord. No. 3978 § 1, 11-8-1999; Ord. No. 4568 §§ 1 – 2, 9-26-2003; Ord. No. 5863 § 6, 3-14-2013; Ord.
No. 6843, 11-15-2021]
A.
Operating Hours, Days. 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. 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.
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 liquors 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. Any person violating
any provision of this Section shall be deemed guilty of a misdemeanor.
C.
Establishments for which a Sunday sales
license has been granted may sell intoxicating liquor between the
hours of 6:00 A.M. on Sundays and 1:30 AM on Mondays.
[R.O. 2008 § 600.165; R.O. 2007 § 600.165; Ord. No. 4891 §§ 1 – 3, 8-16-2005]
A.
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.
B.
In the event that a licensee or his/her
employees 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 the O'Fallon Police Department and
shall cooperate with the O'Fallon Police Department during the course
of any investigation into an occurrence.
C.
No retail licensee or his/her employee
shall permit in or upon his/her licensed premises:
[Ord. No. 6294 § 1, 1-12-2017]
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 the failure to cover the entire
areola and entire front of a female 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 the failure to cover
pubic hair, anus, vulva or genitals with opaque clothing;
5.
The permitting by a licensee of any
person to remain in or upon the licensed premises who exposes to public
view any portion of his/her genitals or anus or has failed 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 programs
or pictures depicting acts, the live performances of which are prohibited
by this Chapter.
D.
Licensees at all times are responsible
for the conduct of their business and at all times are directly responsible
for any act or conduct of any employee on the premises which is in
violation of any of the provisions of this Chapter.
E.
All licensees shall allow the licensed
premises and all portions of the buildings of the premises, including
all rooms, cellars, outbuildings, passageways, closets, vaults, yards,
attics and all buildings used in connection with the operations carried
on under the license and which are in their possession or under their
control, and all places where they keep or have liquor stored to be
inspected by the City Clerk and his/her agents. Licensees shall cooperate
fully with the City Clerk and his/her agents during the inspection.
[R.O. 2008 § 600.170; R.O. 2007 § 600.170]
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 offense, 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.
[R.O. 2008 § 600.180; R.O. 2007 § 600.180]
B.
In any place of business licensed in accordance
with Section 311.200, RSMo., or Section 312.040, RSMo., 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 carry-out, intoxicating liquor. Delivery
of intoxicating liquor 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 but which does not sell intoxicating liquor at
retail, persons at least eighteen (18) years of age may be employed
and their duties may include the handling of intoxicating liquor for
all purposes except consumption, sale at retail, or dispensing for
consumption or sale at retail.
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 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.
[R.O. 2008 § 600.190; R.O. 2007 § 600.190;
CC 1978 § 600.220; Ord. No. 237 § 7a, 11-7-1961]
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 a misdemeanor. 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.
[R.O. 2008 § 600.200; R.O. 2007 § 600.200;
CC 1978 § 600.230; Ord. No. 237 § 7b, 11-7-1961; Ord. No. 4574 § 1, 10-15-2003; Ord. No. 5153 § 1, 3-8-2007]
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 in an intoxicated condition as defined in Section 342.010, or has a detectable blood alcohol content of two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor.
B.
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.
[Ord. No. 6843, 11-15-2021]
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
tamper-proof 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 subdivision,
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."
[R.O. 2008 § 600.210; R.O. 2007 § 600.210;
CC 1978 § 600.240; Ord. No. 237 § 8, 11-7-1961]
Intoxicating liquor sold at retail
in original packages only shall not be consumed on the premises where
sold, nor shall the original packages be opened on the premises of
the vendor.
[R.O. 2008 § 600.230; R.O. 2007 § 600.230;
CC 1978 § 600.260; Ord. No. 237 § 10, 11-7-1961]
Any person violating any of the provisions
of this Chapter, except where some penalty is otherwise provided,
shall upon conviction thereof be adjudged guilty of an offense and
punished by a fine not to exceed five hundred dollars ($500.00) or
imprisonment not to exceed three (3) months or both such fine and
imprisonment.
