[R.O. 2005 §3-2; CC 1997 §3-2; Ord. No. 2973 §1, 1-6-2010]
It shall be the duty of the Police Department to see that the
provisions of this Chapter and of other ordinances of the City, if
any, in regard to the sale of intoxicating liquor are obeyed and to
report to the Council any place where intoxicating liquor is sold
at retail if such place is not kept in an orderly manner or is kept
in violation of any of the provisions of this Chapter or to report
any person selling intoxicating liquor in the City without a license
as prescribed under this Chapter.
[Ord. No. 2973 §1, 1-6-2010]
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. 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.
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, 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 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.
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.
[Ord. No. 2924 §§1—2, 12-17-2008; Ord. No. 2973 §1, 1-6-2010; Ord.
No. 3103 §1, 3-6-2013]
A. No person
shall sell, offer for sale, manufacture, distill, brew or wholesale
intoxicating liquor in the City of Ellisville without a currently
valid liquor license issued by the City. A separate liquor license
shall be required for each of the categories and subcategories 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:
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.
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) and
(5) of this Section.
5. Malt liquor by the drink: Sales of malt liquor at retail
by the drink for consumption on the premises. This license may include
Sunday sales from 9:00 A.M. to Midnight.
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. Wholesalers: Sales of intoxicating liquor in quantity for
resale, but excluding manufacturers, distillers and brewers selling
such beverages at wholesale at the place of manufacture, distilling
or brewing or in quantities of not less than one (1) gallon.
9. Manufacturers, distillers and brewers: The manufacture,
distilling or brewing of intoxicating liquor for commercial distribution
and profit.
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 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: Sales of liquor of all kinds by the
drink at retail for consumption on the premises.
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. 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.
[Ord. No. 2924 §3, 12-17-2008; Ord. No. 2973 §1, 1-6-2010]
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
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 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 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 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 Council. 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.
G. Manufactures, Distillers, Brewers And Wholesalers. It shall
be unlawful for any manufacturer, distiller, brewer or wholesaler,
either directly or indirectly, to sell or deliver intoxicating liquor
of any kind to any person in the City not licensed under the provisions
of this Chapter.
[Ord. No. 2924 §4, 12-17-2008; Ord. No. 2973 §1, 1-6-2010]
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.
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.
g. Intoxicating
liquor (all kinds)—by drink: $450.00.
h. Manufacturers,
distillers, brewers and wholesalers: $350.00 (plus gallonage charges,
as defined by law and in an amount one and one-half (1½) times
that required by law to be paid to the State of Missouri).
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.
c. Caterers:
$15.00 per each calendar day.
4. Additional to merchant's fee. The fees set forth above shall
be paid in addition to any merchant's license fee paid to the City.
B. 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).
[Ord. No. 2973 §1, 1-6-2010]
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 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.
[Ord. No. 2973 §§1—2, 1-6-2010]
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.
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. 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.
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 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.
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.
1. 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 577.001, RSMo., or has 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 is in violation of this Section.
2. Any
person under the age of twenty-one (21) years who purchases or attempts
to purchase, or has in his or her possession, any intoxicating liquor,
or who is visibly in an intoxicated condition as defined in Section
577.001, RSMo., shall be deemed to have given consent to a chemical
test or tests of the person's breath, blood, saliva or urine for the
purpose of determining the alcohol or drug content of the person's
blood.
a. The
implied consent to submit to the chemical tests listed in this Subsection
shall be limited to not more than two (2) such tests arising from
the same arrest, incident or charge.
b. Chemical
analysis of the person's breath, blood, saliva or urine shall be performed
by persons and according to methods approved by the State pursuant
to Section 311.325.3, RSMo.
c. The
person tested may have a physician or a qualified technician, chemist,
registered nurse or other qualified person, at the choosing and expense
of the person to be tested, administer a test in addition to any administered
at the direction of a Law Enforcement Officer. The failure or inability
to obtain an additional test by a person shall not preclude the admission
of evidence relating to the test taken at the direction of a Law Enforcement
Officer.
d. Upon
the request of the person who is tested, full information concerning
the test shall be made available to such person. "Full information"
is limited to the following:
(1) The type of test administered and the procedures followed;
(2) The time of the collection of the blood or breath sample or urine
analyzed;
(3) The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
(4) The type and status of any permit which was held by the person who
performed the test;
(5) If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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"Full information" does not include:
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(1)
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Manuals, schematics or software of the instrument used to test
the person,
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(2)
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Any material that is not in the actual possession of the City,
or
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(3)
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Information in the possession of the manufacturer of the test
instrument.
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3. 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.
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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.
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E. For purposes
of prosecution under this or any other Section 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 no 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. 2973 §1, 1-6-2010]
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. Any retailer
licensed pursuant to this Chapter shall not:
1. Sell
intoxicating liquor 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 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 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 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. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, 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. 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 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 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 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.
[Ord. No. 2973 §1, 1-6-2010]
A. Suspension Or Revocation Of License—When—Manner. The 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 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, Chapter 311, 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 Council.
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 in any court of any violation of Chapter
311, 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 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.