Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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%) 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.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
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.
A.
No person
shall sell or offer for sale intoxicating liquor in the City of Appleton
City without a currently valid liquor license issued by the City.
A separate liquor license shall be required for each of the categories
and subcategories of liquor sales in which the licensee desires to
engage as set forth herein.
B.
General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor:
1.
Package liquor — malt liquor only: Sales of malt liquor
at retail by grocers and other merchants and dealers for sale in the
original package direct to consumers but not for resale and not for
consumption on the premises where sold. This license may include Sunday
sales from 9:00 A.M. to Midnight.
2.
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 Subsection (B)(1) of this Section.
4.
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.
C.
Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and Midnight on Sundays.
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(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3.
Tasting permit — winery, distiller, manufacturer, etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b.
Notwithstanding
any other provisions of this Chapter to the contrary, any winery,
distiller, manufacturer, wholesaler, or brewer or designated employee
may provide, furnish, or pour distilled spirits, wine, or malt beverage
samples for customer tasting purposes on any temporary licensed retail
premises as described in Sections 311.218, 311.482, 311.485, 311.486,
or 311.487, RSMo., or on any tax exempt organization's licensed premises
as described in Section 311.090, RSMo.
c.
Any winery, distiller, etc., may provide or furnish distilled spirits,
wine or malt beverage samples on a licensed retail premises —
when.
(1)
Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide or furnish distilled spirits, wine or malt beverage
samples on a licensed retail premises for customer tasting purposes
so long as the winery, distiller, manufacturer, wholesaler, or brewer
or designated employee has permission from the person holding the
retail license. The retail licensed premises where such product tasting
is provided shall maintain a special permit in accordance with Section
311.294, RSMo., or hold a by the drink for consumption on the premises
where sold retail license. No money or anything of value shall be
given to the retailers for the privilege or opportunity of conducting
the on-the-premises product tasting.
(2)
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer or
brewer or by a sampling retained by the retailer, winery, distiller,
manufacturer or brewer. All sampling service employees that provide
and pour intoxicating liquor samples on a licensed retail premises
shall be required to complete a server training program approved by
the Division of Alcohol and Tobacco Control.
(3)
Any distilled spirits, wine, or malt beverage sample provided by
the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
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.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
Notwithstanding
any other provision of this Chapter, a permit for the sale of all
kinds of intoxicating liquor, including intoxicating liquor in the
original package, at retail by the drink for consumption on the premises
of the licensee may be issued to any church, school, civic, service,
fraternal, veteran, political or charitable club or organization for
the sale of such intoxicating liquor 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.
C.
Operating Hours, Days.
1.
No person having a license under the provisions of this Chapter 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 except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday, and provided further that 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 the intoxicating liquor is dispensed, and provided further that where such licenses are held by restaurants or stores 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.
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.
D.
General License Regulations.
1.
Each
license issued hereunder shall be conspicuously posted on the premises
for which the license has been issued.
2.
A separate
license shall be required for each place of business. Every license
issued under the provisions of this Chapter shall particularly describe
the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
No license
issued under this Chapter shall be transferable or assignable except
as herein provided. In the event of the death of the licensee, the
widow or widower or the next of kin of such deceased licensee, who
shall meet the other requirements of this Chapter, may make application
and the Clerk may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
upon being requested, shall permit the remaining partner or partners
originally licensed to continue to operate for the remainder of the
period for which the license fee has been paid without obtaining a
new license.
4.
In the
event any licensee desires to change the location of his/her place
of business in the City, it shall be necessary for him/her to file
an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
A.
No license
shall be granted for the sale of intoxicating liquor, as defined in
this Chapter, within one hundred (100) 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 one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to 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.
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.
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a.
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Malt liquor — original package
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$75.00
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b.
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Intoxicating liquor (all kinds)—original package
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$150.00
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c.
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Malt liquor — by drink
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$75.00
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d.
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Malt liquor and light wines — by drink
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$75.00
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e.
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Intoxicating liquor (all kinds)—by drink
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$450.00
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2.
Sunday sales. (Additional fees)
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a.
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Intoxicating liquor at retail
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$300.00
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3.
Permits.
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a.
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Temporary permit — by the drink for certain organizations
(7 days max.)
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$37.50
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b.
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Tasting permit
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$37.50
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c.
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Caterers
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$15.00 per each calendar day
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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).
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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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
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.
A.
Any person
licensed to sell liquor at retail by the drink for consumption on
the premises where sold may use a table tap dispensing system to allow
patrons of the licensee to dispense beer at a table. Before a patron
may dispense beer, an employee of the licensee must first authorize
an amount of beer, not to exceed thirty-two (32) ounces per patron
per authorization, to be dispensed by the table tap dispensing system.
B.
No provision
of law or rule or regulation of the City shall be interpreted to allow
any wholesaler, distributor, or manufacturer of intoxicating liquor
to furnish table tap dispensing or cooling equipment or provide services
for the maintenance, sanitation, or repair of table tap dispensing
systems.
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk on a form to
be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
B.
Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C.
Upon
approval of any application for a license, the Clerk shall grant the
applicant a license to conduct business in the City for a term to
expire with the thirtieth (30th) day of June next succeeding the date
of such license, unless such license be revoked or suspended for cause
before the expiration of such time.
D.
Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. Such renewal application shall be
reviewed by the Board at its next meeting. Upon approval of the majority
of the Board and payment of the license fee provided herein, the Clerk
shall renew the license. In the event that any person residing or
conducting businesses within two hundred (200) feet of the applicant's
place of business shall file a written protest against the renewal
of such license, the Board shall conduct a hearing on the application
for license renewal as provided in this Subsection.
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, 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.
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. Any
wholesaler licensed pursuant to this Chapter 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.
4.
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.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
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. 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. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
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. 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:
a.
The
type of test administered and the procedures followed;
b.
The
time of the collection of the blood or breath sample or urine analyzed;
c.
The
numerical results of the test indicating the alcohol content of the
blood and breath and urine;
d.
The
type and status of any permit which was held by the person who performed
the test;
e.
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 manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include 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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For purposes of determining violations and prosecution under
this Chapter, or 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 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.
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Packaging, Labeling. Any retailer licensed pursuant to this
Chapter shall not:
1.
Sell
intoxicating liquor 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.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board or a hearing officer 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; or
2.
Failing
to obtain or keep a license from the State Supervisor of Alcohol and
Tobacco Control; or
3.
Making
a false affidavit in an application for a license under this Chapter;
or
4.
Failing
to keep an orderly place or house; or
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; or
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, or
b.
Any
person during unauthorized hours on the licensed premises, or
c.
A
habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any
person on the licensed premises during a term of suspension as ordered
by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted 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 Board 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 Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
A.
Hearing Officer. Hearings may be had before the Board of
Aldermen or before a hearing officer appointed by the Board who shall
be an attorney licensed to practice law in the State of Missouri.
If held before a hearing officer, he/she shall report to the Board
findings of fact, conclusions of law and recommendations. The Board
may accept, modify or refuse to accept the report of the hearing officer
or any portion thereof.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
in civil suits in the Circuit Courts of this State. The Board also
may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[Ord. No. 2011-08 §10, 7-12-2011]
The Board of Aldermen of the City of Appleton City may, upon
hearing, revoke any license issued under the provisions of this Article,
if the licensee has not at all times kept an orderly place or if he/she
has violated any of the provisions of the ordinance, or for any other
good cause shown. Such revocation shall be for such a period of time
as the Board of Aldermen shall prescribe; such revocation shall require
a vote of at least two-thirds (2/3) of the Board of Aldermen. The
Board of Aldermen shall give the licensee not less than seven (7)
days' notice in writing of the hearing and said notice shall contain
the ground or grounds for such revocation. The licensee may be present
at the hearing and show cause, if any, why such license should not
be revoked. Such notice of hearing shall be considered to be served
by leaving a copy of said notice with the licensee or any person or
employee in charge of the place of business of said licensee.
[Ord. No. 2011-08 §13, 7-12-2011]
It shall be unlawful for any person to consume or have in his/her
possession any open containers of any intoxicating liquor on City-owned
property in the City of Appleton City, Missouri.
[Ord. No. 2011-08 §19, 7-12-2011]
No person shall be found intoxicated or shall use any profane
or obscene language in any street or public place in the City.
