[R.O. 2011 § 600.010; R.O. 2009
§ 115.01; CC 1981 § 3-1; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 § 1, 5-20-2011]
When used in this Chapter, the following
words shall have the following meanings unless the context clearly
indicates or requires a different meaning.
Any beverage which contains one-half of one percent (0.50%)
or more of alcohol by volume and is intended for human consumption.
[Ord. No. 22-083, 6-22-2022[1]]
Shall have the same meaning as "arcade" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
A facility for hire that provides food service either prepared
on the premises or catered for reserved events that are not open to
the public at large.
[Ord. No.
21-028, 2-16-2021; Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "bar" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
Any alcoholic beverage obtained by the fermentation of any
infusion or decoction of barley, malt, hops, yeast, or any other similar
product, or any combination thereof in water containing alcohol in
excess of three and two-tenths percent (3.2%) by weight and not in
excess of five percent (5%) alcohol by weight.
[Ord. No. 22-083, 6-22-2022]
A liquid to consume, excluding water.
[Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "brew pub" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "brewery" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
Any lawful vocation, profession, establishment or enterprise
conducted, either directly or indirectly, for private profit or benefit
on any premises within the corporate limits of the City; and which
is an occupation and use of the premises which is permanent and continuous
in its character as distinguished from a single act or business transaction
or an occasional use of the premises for a business purpose; provided
that any package store, bar, or other establishment wherein alcoholic
beverages are sold, either wholesale or retail, shall not be counted
as a business for the purpose of determining the number of businesses
required for the granting of a liquor license.
[Ord. No. 22-083, 6-22-2022]
An alcoholic beverage primarily made from apples or apple
concentrate and water, and containing at least one-half of one percent
(0.50%) and less than seven percent (7%) alcohol by volume.
[Ord. No. 22-083, 6-22-2022]
Any duly organized branch of a National, State or local fraternal
or like organization unit having a permanent meeting place within
the City and the purposes of which are purely religious, charitable,
benevolent or philanthropic.[2]
[Ord. No. 22-083, 6-22-2022]
A place of commerce other than a restaurant and the primary
purpose of which is the sale of a limited variety of foodstuffs, including,
but not limited to, coffee, tea, pastries, fruits or nuts, and which
is not open for business later than 12:00 A.M.
[Ord. No.
21-028, 2-16-2021; Ord. No. 22-083, 6-22-2022]
Shall mean calendar days, unless otherwise specifically noted.
[Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "delicatessen" defined in Section 400.050 of this Code.
[Ord. No.
21-028, 2-16-2021; Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "distillery" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
All food products, beverages and other goods intended for
human consumption.
[Ord. No. 22-083, 6-22-2022]
[Ord. No. 18-201, 9-25-2018]
Honesty, fairness, and respect for
the rights of others and obedience for the laws of the State of Missouri
and the United States. The following factors shall be considered when
making a determination of whether an applicant or licensee under this
Chapter has good moral character:
If a person has been convicted of
a crime in any State or country that would have been a crime under
the laws of the State of Missouri, or an offense of this City, the
following factors should be considered in determining if the person
has good moral character:
The type of crime(s) or offense(s)
for which a person has been convicted;
The circumstances surrounding the
crime(s) or offense(s) for which a person has been convicted;
The proximity in time of the conviction(s)
to the application for a license;
The conduct of the person since the
date of conviction; and
Whether the crime the person is convicted
of is reasonably related to the competency of the person to exercise
the licensed business.
Notwithstanding the foregoing, a
conviction cannot be the sole grounds on which a person is determined
to lack good moral character. If a person is pardoned from a conviction,
the underlying guilt for the crime or offense may still be evidence
of such person's good moral character.[4]
When a person is under the influence of alcoholic beverages,
drugs, prescriptions or other substances, whether legally or illegally
acquired, or any combination thereof, where such person's physical
and mental control is diminished.
[Ord. No. 18-201, 9-25-2018; Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "alcoholic beverage" defined in this Section 600.010 of this Code.
[Ord. No.
22-083, 6-22-2022]
The one-year period starting on July 1 and ending on June
30 of the succeeding calendar year.
[Ord. No. 18-201, 9-25-2018]
The location where alcoholic beverages may be sold or consumed
pursuant to a license granted by this Chapter and it may be one (1)
room, a building comprising several rooms or a building with adjacent
or surrounding land such as a lot or garden.
[Ord. No.
22-083, 6-22-2022]
A person issued a license pursuant to this Chapter.
Shall have the same meaning as "alcoholic beverage" defined in this Section 600.010 of this Code.
[Ord. No.
22-083, 6-22-2022]
A body of persons that assesses points against a liquor license or suspension or revocation of a liquor license in accordance with the provisions of Article II of the Chapter.
[Ord. No. 20-026, 2-18-2020; Ord. No. 22-083, 6-22-2022; Ord. No. 24-001, 1-2-2024]
A license granted for the sale at retail of all kinds of alcoholic beverages, except those permits issued under Section 600.210(B) for picnics, bazaars, fairs and festivals.
[Ord. No. 22-083, 6-22-2022[5]]
Shall have the same meaning as "microbrewery" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
Any package containing fifty (50) milliliters or more of
alcoholic beverage, excepting malt liquor, or any package containing
one (1) or more standard bottles, cans or pouches of malt liquor or
any package containing three (3), six (6), twelve (12), fifteen (15)
or twenty-four (24) small standard beer bottles, cans or pouches.
[Ord. No. 15-121 § 4, 6-2-2015; Ord. No. 22-083, 6-22-2022]
Any individual, association, joint stock company, syndicate,
general partnership, limited partnership, limited liability company,
co-partnership, corporation, receiver, trust, trustee, conservator
or other officer appointed by any State or Federal court. Clubs are
also included within the meaning of this term. Shall have the same
meaning as defined in Section 311.030, RSMo., and as may be revised
and amended from time to time.
[Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "premises" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
Foodstuff prepared on the premises either for consumption
on the premises or for consumption elsewhere.
[Ord. No. 22-083, 6-22-2022]
An activity involving the organized travel of twenty (20)
or more persons between two (2) or more licensed premises. The following
shall be prima facie indicia of a pub crawl:
[Ord. No. 16-171 § 1, 9-6-2016]
The existence of an advertisement,
flyer, ticket or other printed or electronic material promoting or
describing an event that will occur on a date certain, include more
than one (1) licensed premises and identify the opportunity to travel
between two (2) or more licensed premises with the opportunity to
consume alcoholic beverages at more than one (1) licensed premises;
A vehicle or group of vehicles for
hire that transports twenty (20) or more persons from one (1) licensed
premises to another licensed premises for the opportunity to consume
alcoholic beverages at more than one (1) premises; or
Shall have the same meaning as "restaurant" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
A retail by the drink for consumption on the premises liquor
license granted to a restaurant, banquet hall, coffee shops, delicatessen,
or other similar establishment.
Shall have the same meaning as "special event" defined elsewhere
in this Code.
[Ord. No. 22-083, 6-22-2022]
Any fermented alcoholic beverage containing not less than
five percent (5%) alcohol by volume and not more than twenty-four
percent (24%) by volume, and primarily made from grapes, berries and
other fruits and vegetables.
[Ord. No. 22-083, 6-22-2022]
Shall have the same meaning as "winery" defined in Section 400.050 of this Code.
[Ord. No. 22-083, 6-22-2022]
[1]
Editor's Note: This ordinance also repealed the former definitions
of "amusement place" and "annual gross receipts," which immediately
followed this definition. Prior history for "amusement place" includes
Ord. No. 21-028. See now "arcade." Prior history for "annual gross
receipts" includes Ord. No. 18-201, Ord. No. 18-273 and Ord. No. 21-028.
[2]
Editor’s Note: The former definition
of "Commission," which immediately followed this definition, was repealed
by Ord. No. 20-026, 2-18-2020. See now the definition of "Liquor Commission."
[3]
Editor's Note: This ordinance also repealed the former definitions
of "exempt premises," "exempt premises liquor license" and "full service
restaurant," which immediately followed this definition. Prior histories
include Ord. No. 21-028.
[4]
Editor's Note: The former definition of "gross receipts,"
which immediately followed this definition, was repealed 6-22-2022
by Ord. No. 22-083. Prior history includes Ord. No. 18-201, Ord. No.
18-273 and Ord. No. 21-028.
[5]
Editor's Note: This ordinance also repealed the former definitions
of "Liquor License Appeal Board," "malt liquor" and "monthly gross
receipts," which immediately followed this definition. Prior history
for "Liquor License Appeal Board" includes Ord. No. 20-026. Prior
history for "monthly gross receipts" includes Ord. No. 21-076.
[6]
Editor's Note: The former definition of "receipts" was repealed
6-22-2022 by Ord. No. 22-083. Prior history includes Ord. No. 18-273.
[7]
Editor's Note: The former definition of "restaurant
bar" was repealed 2-16-2021 by Ord. No. 21-028.
[8]
Editor's Note: This ordinance also repealed the former definition
of "sale of prepared meals or food consumed on the premises," which
immediately followed this definition. Prior history includes Ord.
No. 18-201, Ord. No. 20-026, and Ord. No. 21-076.
[R.O. 2011 § 600.015; Ord. No. 18-201, 9-25-2018; Ord. No. 22-083, 6-22-2022; Ord. No. 22-122, 9-6-2022]
The City is responsible for the enforcement of ordinances relating to the regulation, dispensing, sale, consumption, and other matters related to the use of alcoholic beverages. Any person who shall violate any provision of this Chapter may be guilty of a violation of the Code of Ordinances ("Code") punishable as provided in Section 100.150 and/or Section 600.260. Except as otherwise stated in the Code, the Chief of Police shall report violations of the Code promptly to the City's Municipal Court and/or the Commission.
[R.O. 2011 § 600.020; R.O. 2009
§ 115.02; CC 1981 § 3-2; Ord.
No. 87-116, 6-5-1987; Ord. No. 94-179, 7-21-1994; Ord. No. 94-243, 9-15-1994; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 § 1, 5-20-2011; [Ord. No. 18-021, 2-6-2018]; Ord. No. 22-083, 6-22-2022]
A.
No person shall purchase, sell, give away
or otherwise dispose of any alcoholic beverage or allow the same to
be done upon the premises in any quantity at any time when such disposal
is prohibited by the law of the State, or when prohibited by ordinance
in the Historic Downtown District and South Main Preservation District
during Riverfest, Festival of the Little Hills, Oktoberfest and special
events, unless otherwise approved by the City, or upon any other date
or location for purposes of the public health, safety or welfare.
B.
A manufacturer licensed under this Chapter
may offer samples of its wine, may sell its wine in its original package
directly to consumers at the winery and may open wine so purchased
by consumers so it may be consumed on the winery premises on days
allowed by the laws of the State of Missouri. Manufacturers licensed
under this Chapter may also sell to duly licensed wholesalers and
retail dealers in lots of five (5) gallons or more on any day allowed
by the laws of the State of Missouri.
[R.O. 2011 § 600.030; R.O. 2009
§ 115.03; Ord. No. 08-21, 1-24-2008; Ord.
No. 22-083, 6-22-2022]
Notwithstanding any other provision
of this Chapter to the contrary, any licensee whose license to sell
alcoholic beverages by the drink shall be allowed to sell alcoholic
beverages by the drink, from the time and until the time which would
on any day be allowed by the laws of the State of Missouri.
[R.O. 2011 § 600.040; R.O. 2009
§ 115.04; Ord. No. 08-21, 1-24-2008]
Licensees shall at all times keep
and maintain the premises, both interior and exterior, in a clean,
orderly and sanitary condition and shall meet the minimum standards
of the City's sanitation ordinance. During business hours, the licensee
shall keep the premises lighted sufficiently so that both the interior
and the exterior may be inspected easily. Windows of the premises
shall not be obstructed so as to prevent reasonable viewing the interior
from the exterior thereof.
[R.O. 2011 § 600.050; Ord. No. 18-021, 2-6-2018; Ord. No. 22-083, 6-22-2022]
Section 600.050 adopts by reference Section 311.310(1), RSMo., as if fully set forth herein and as may be revised and amended from time to time.
[R.O. 2011 § 600.060; R.O. 2009
§ 115.06; Ord. No. 08-21, 1-24-2008; Ord.
No. 22-083, 6-22-2022]
A.
Section 600.060 adopts by reference Section 311.310(2) and (3), RSMo., as if fully set forth herein and as may be revised and amended from time to time, excepting any criminal violations and resultant penalties referenced in Section 311.310(2) and (3), RSMo., and violations may be governed and prosecuted either by State law or City Code of Ordinances.
B.
It shall be unlawful for any licensee or employee of a licensee which has not been issued a restaurant bar license pursuant to Section 600.190 or an arcade Sunday liquor license pursuant to Section 600.200(A) to permit a person under twenty-one (21) years of age to enter or remain on the premises unless accompanied by a parent or legal guardian.
[R.O. 2011 § 600.070; R.O. 2009
§ 115.07; CC 1981 § 3-4; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 09-50, 4-8-2009; Ord. No. 11-75 § 1, 4-19-2011; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 22-083, 6-22-2022]
Section 600.070 adopts by reference Section 311.325(1) and (2), RSMo., and Section 311.326, RSMo., as if fully set forth herein and as may be revised and amended from time to time, excepting any criminal violations and resultant penalties referenced in Section 311.325(1) and (2), RSMo., and violations may be governed and prosecuted either by State law or City Code of Ordinances.
[R.O. 2011 § 600.080; Ord. No. 22-083, 6-22-2022; Ord. No. 22-083, 6-22-2022]
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Alcoholic Beverages, When. Section 600.080(A) adopts by reference Section 311.300, RSMo., as if fully set forth herein and as may be revised and amended from time to time, excepting any criminal violations and resultant penalties referenced in Section 311.300, RSMo., and violations may be governed and prosecuted either by State law or City Code of Ordinances.
B.
Sales To Minor — Exceptions. Section 600.080(B) adopts by reference Section 311.310, RSMo., as if fully set forth herein and as may be revised and amended from time to time, excepting any criminal violations and resultant penalties referenced in Section 311.310, RSMo., and violations may be governed and prosecuted either by State law or City Code of Ordinances.
C.
Misrepresentation Of Age By Minor To Obtain
Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards,
Penalties. 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 alcoholic beverage, that he/she has attained the age
of twenty-one (21) years by use of any identification issued by, or
represented to be issued by, any local, State or Federal government,
except as otherwise authorized by law. Any violation and resultant
penalty shall be governed by State law or City Code of Ordinances.
D.
Minors In Possession Of Alcoholic Beverages. Section 600.080(D) adopts by reference Section 311.325, RSMo., as if fully set forth herein and as may be revised and amended from time to time, except for the penalties referenced in Section 311.325(1), RSMo. A violation of this Section 600.080(D) and resultant penalties shall be governed by City Code of Ordinances.
[R.O. 2011 § 600.090; R.O. 2009
§ 115.09; CC 1981 § 3-6; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 § 1, 5-20-2011; Ord.
No. 22-083, 6-22-2022]
Alcoholic beverages sold at retail
in original packages only shall not be consumed upon the premises
where sold, nor shall the original packages be open on the premises
of the vendor.
[R.O. 2011 § 600.100; R.O. 2009
§ 115.10; CC 1981 § 3-7; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-70 § 4, 4-9-2011; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 11-124 § 1, 6-22-2011]
A.
It shall be unlawful for any person to
drink or possess an open container of alcoholic beverage in or upon
the public streets, avenues, alleys or other public places in the
City; except that the provisions of this Section shall not apply to:
1.
Alcoholic beverages sold at the City concessions in the public parks when such is consumed in the City parks in accordance with Section 255.170.
[Ord. No. 22-083, 6-22-2022]
2.
Authorized social activities being
conducted within public buildings where alcoholic beverages are not
being offered for sale.
3.
Any public place designated by the
City for such purpose, except that possession of alcoholic beverages
in glass containers is prohibited.
4.
A motor vehicle being used primarily
for the transportation of persons for compensation or to the living
quarters of a house coach, house trailer or recreational vehicle or
a vehicle operated by a chauffeur in his/her for-hire capacity.
B.
In prosecutions under this Section, there
is a rebuttable presumption that a container marked or labeled as
containing an alcoholic beverage actually contained the described
alcoholic beverage. This rebuttable presumption applies only in cases
where a sample of the contents of the container has been preserved
and is available to the defendant for testing.
C.
The Mayor or Mayor's designee is authorized
to suspend the prohibition against drinking alcoholic beverages in
public places pursuant to this Section in the event the Missouri River
level or ground water saturation make it unsafe to hold the City sponsored
or recognized event or festival in Frontier Park as scheduled.
[Ord. No. 22-083, 6-22-2022]
[1]
Editor's Note: R.O. 2011, Druggists May Sell And Physicians
Prescribe, as amended by Ord. No. 87-116, 6-5-1987, and Ord. No. 08-21,
1-24-2008, was repealed by the City during the 2022 recodification
project. Same was also specifically repealed by separate legislation
6-22-2022 by Ord. No. 22-083.
[R.O. 2011 § 600.120; R.O. 2009
§ 115.12; CC 1981 § 3-39; Ord.
No. 89-5, 1-4-1989; Ord. No. 08-21, 1-24-2008; Ord. No. 22-083, 6-22-2022]
A.
It shall be unlawful for any establishment
at which alcoholic beverages are offered for consumption on the premises
or any person present at the establishment:
1.
To perform the act of or permit any
female person, while on the premises of said establishment, exposing
to the public view that area of the female breast below the top of
the areola thereof;
2.
To perform the act of or permit any
person, while on the premises of the establishment, exposing to public
view his/her genitals, pubic area, buttocks, anus or anal cleft or
cleavage;
3.
To perform the act of or permit any
person, while on the premises of the establishment, touching, caressing
or fondling the breasts, buttocks, genitals, whether clothed or unclothed,
of any person for the purpose of sexual arousal or gratification;
or
4.
To perform the act of or permit any
person, while on the premises of the establishment, performing acts
or representations of acts of human masturbation, sexual intercourse,
sodomy, bestiality, cunnilingus, fellatio or flagellation.
B.
At no time, under any circumstances, shall
any licensee or his/her employees permit any person to dance, sit
or stand upon a bar, tables or any other raised surface that is used
for preparing or serving food or beverages.
C.
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 premises. In the event that a licensee
or his/her employee knows or should have known that an illegal or
violent act has been committed on or about the premises, they shall
immediately report the occurrence to law enforcement authorities and
shall cooperate with law enforcement authorities during the course
of any investigation into an occurrence.
D.
Unless as otherwise permitted by a special
event, it shall be unlawful for any person maintaining, owning, operating,
managing or working at an establishment at which alcoholic beverages
are offered for sale for consumption on the premises to allow any
person to exit the licensed premises and possess an open container
of alcoholic beverage.
[1]
Editor's Note: Former Section 600.130, Misrepresentation Of
Age Using False Identification, was repealed 6-22-2022 by Ord. No.
22-083. Prior history includes R.O. 2009 § 115.13, R.O.
2011 § 600.130, and Ord. No. 08-21.
[R.O. 2011 § 600.140; R.O. 2009
§ 115.14; Ord. No. 08-21, 1-24-2008; Ord. No. 18-021, 2-6-2018]
A.
It shall be unlawful for a licensee or
any person to:
1.
Offer for sale or deliver alcoholic
beverages of any type at less than the cost of the alcoholic beverage
to the licensee;
2.
Deliver alcoholic beverages at no
cost or for free to a person based upon the person's gender or status
as a student; or
3.
Allow on the premises any game or
contest which involves drinking alcoholic beverages or awarding alcoholic
beverages for consumption on the premises.
[R.O. 2011 § 600.145; Ord. No. 16-171 § 3, 9-6-2016; Ord. No. 22-083, 6-22-2022; Ord. No. 22-122, 9-6-2022]
It shall be unlawful to promote, conduct or organize a pub crawl
that is not registered with the Police Department.
[1]
Editor's Note: Former Section 600.148, Premises To Be Kept
Orderly, was repealed 6-22-2022 by Ord. No. 22-083. Prior history
includes R.O. 2011 § 600.148 and Ord. No. 18-201.
[R.O. 2011 § 600.150; R.O. 2009
§ 115.20; CC 1981 § 3-21; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 18-201, 9-25-2018; Ord. No. 22-083, 6-22-2022]
A.
It shall be unlawful for any person to
manufacture, brew, distribute, sell or expose for sale any alcoholic
beverage in any quantity in the City without first having obtained
a license. A separate license shall be required for each place of
business.
B.
It shall be unlawful for any person whose
license is suspended, revoked or expired to manufacture, brew, distribute,
sell or expose for sale any alcoholic beverage in any quantity in
the City.
[Ord. No. 22-122, 9-6-2022]
C.
The
issuance of a license shall be a privilege and not a right.
[R.O. 2011 § 600.160; R.O. 2009
§ 115.21; CC 1981 §§ 3-22 — 3-23; Ord. No. 87-116, 6-5-1987; Ord. No. 00-328, 12-1-2000; Ord. No. 06-62, 3-10-2006; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 18-021, 2-6-2018; Ord. No. 22-083, 6-22-2022]
A.
No license shall be granted unless an application
in the form prescribed by the Director of Finance along with all pertinent
accompanied documentation filed with and to the sole satisfaction
of the Director of Finance has been completed and approved.
B.
No application shall be processed for an
applicant or entity that is in arrears to the City for any assessment,
fee, fine, court cost, penalty, tax, special tax bill, or charge unless
currently under appeal to a court of competent jurisdiction.
C.
On receipt of an application, the Director
of Finance shall identify for the applicant the Council member for
the ward where the premises are located and shall inform the Council
member of the ward that an application for a liquor license has been
filed for premises within the ward.
[R.O. 2011 § 600.170; R.O. 2009
§ 115.22; CC 1981 §§ 3-24 — 3-25; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 09-164, 9-3-2009]
A.
Filing And Presentation To Director Of
Finance. Applications for original and renewal licenses shall be filed
with the Director of Finance and the date of filing being noted thereon.
B.
Deposit Of License Fee — Disposition
Of Such Deposit.
1.
Except as set forth in Subsection (B)(2), at the time of filing the license application, the applicant shall submit to the Director of Finance the amount of the license fee for the license applied for, either in cash, 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 deposited in the City Treasury.
2.
Political subdivisions of the State
of Missouri are exempt from the license fee requirement and shall
not be required to pay a license fee as a condition of being granted
a license.
3.
No license application, whether for
an original or renewal license, shall be granted for at least ten
(10) days after the filing of such license application.
[R.O. 2011 § 600.180; R.O. 2009
§ 115.24; CC 1981 § 3-27; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
A.
Original license applications and renewal licenses for any license with six (6) or more points assigned thereto pursuant to Section 600.260 in a license year may only be granted by the City Council after a public hearing at which the licensee or license applicant appears in person and may be asked to provide sworn testimony. Renewal licenses for premises with less than six (6) points in a license year may be renewed by the Finance Department. The license shall describe the type of license, the license fee, the premises on which sale is to be made, the locations within the premises where alcoholic beverages are to be consumed, the name of the license holder, the date of issuance and period of time for which such license is granted. The grant of the license may be conditioned upon the completion of construction of the premises within a time period prescribed and upon compliance with all zoning, fire and building codes, and possession of an occupancy permit.
[1]
Editor's Note: Ord. No. 18-201 also changed
the title of this Section to add "; Hearing Before City Council."
B.
Licensees at all times are responsible
for the conduct of their businesses and at all times are directly
responsible for any act or conduct of any employee on the premises
which is in violation of this Chapter.
C.
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 operation carried on
under the license and which are under their possession and control
and all places where they keep and have alcoholic beverages stored,
to be inspected by the Director of Community Development, Fire Chief,
Police Chief or their designees. Licensees shall cooperate fully with
City personnel during the inspections.
[R.O. 2011 § 600.190; R.O. 2009
§ 115.25; CC 1981 § 3-28; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 09-164, 9-3-2009; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 12-201 § 1, 11-8-2012; Ord. No. 17-172 § 1, 9-8-2017[1]; Ord. No. 21-096, 6-15-2021]
A.
The categories of licenses shall be as follows. A separate license shall be required for each category of business activity the licensee desires to engage as set forth herein. The license fee for each category of license shall be an annual fee, except where otherwise noted, and such fees shall be the amounts stated in Section 150.030.
[Ord. No. 17-211, 10-3-2017; Ord. No. 22-083, 6-22-2022; Ord. No. 22-168, 12-20-2022]
1.
The manufacture, brewing and sale by the manufacturer or brewer
of malt liquor containing not in excess of five percent (5%) of alcohol
by weight.
2.
The manufacture and sale by the manufacturer of alcoholic beverages
containing not in excess of twenty-two percent (22%) of alcohol by
weight.
3.
The manufacturing, distilling or blending and for sale by the
manufacturer, distiller or blender of alcoholic beverages of all kinds.
4.
The sale of alcoholic beverages containing not in excess of
five percent (5%) of alcohol by weight by a wholesaler to a person
duly licensed to sell such malt liquor at retail.
5.
The sale of alcoholic beverages containing not in excess of
twenty-two percent (22%) of alcohol by weight by a wholesaler to a
person duly licensed to sell such alcoholic beverages at retail.
6.
The sale of alcoholic beverages of all kinds by a wholesaler
to a person duly licensed to sell such alcoholic beverages at retail;
provided, however, that a license authorizing the holder to sell to
duly licensed wholesalers and to solicit orders for sale of alcoholic
beverages to, by or through a duly licensed wholesaler shall not entitle
the holder thereof to sell within the State, direct to retailers;
provided, further, a wholesaler's license shall not authorize or entitle
the holder thereof to sell to other wholesalers or to solicit orders
for the sale of alcoholic beverages to, by or through a duly licensed
wholesaler within this State.
7.
The manufacturing in quantities not to exceed seventy-five thousand (75,000) gallons, light wines containing not in excess of fourteen percent (14%) of alcohol by weight from grapes, berries and other fruits and vegetables grown in the State. In lieu of the charges herein otherwise provided, the license fee for this category shall be the amount stated in Section 150.030 for each five hundred (500) gallons or fraction thereof. A manufacturer licensed under this provision shall be privileged to sell to consumers at the winery in lots not to exceed five (5) gallons and to sell to duly licensed wholesalers or duly licensed retail dealers in lots of five (5) gallons or more.
8.
The sale of alcoholic beverages at retail in the original package,
where such liquor shall not be consumed upon or such original package
not be opened upon the premises where sold.
9.
The sale at retail by the drink, for consumption on premises
where sold, of malt liquor, including between the hours of 9:00 A.M.
and Midnight on Sunday.
10.
The sale at retail by the drink, for consumption on the premises
where sold, of malt liquor and light wines containing not in excess
of fourteen percent (14%) of alcohol by weight made exclusively from
grapes, berries and other fruits and vegetables, including the sale
of malt liquor between the hours of 9:00 A.M. and Midnight on Sunday.
11.
The sale at retail by the drink, for consumption on premises
where sold, of all kinds of alcoholic beverages, including the sale,
except on Sunday, of alcoholic beverages in the original package.
12.
The sale at retail by the drink, for consumption on premises
where sold, of all kinds of alcoholic beverages on Sunday, and in
the original package of all kinds of alcoholic beverages on Sunday.
13.
The sale at retail by the drink by a restaurant bar located
in the Historic Downtown District, for consumption on premises where
sold, of all kinds of alcoholic beverages on Sunday, and in the original
package of all kinds of alcoholic beverages on Sunday.
14.
Notwithstanding any other provision of this Chapter to the contrary, the Finance Department may issue a special license to caterers and other persons holding licenses to sell alcoholic beverages by the drink at retail for consumption on the premises pursuant to the provisions of Chapter 311, RSMo., and a license issued pursuant to Section 311.486.2, RSMo., and who furnish provisions and service for use at a particular event at a particular location other than the licensed premises. The license shall be effective for a maximum of fifty (50) event days from July 1 through June thirty (30) of any year, and shall authorize the service of alcoholic beverages at such 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 on the premises in which such function, occasion or event is held. All provisions of the City's ordinances shall extend to such premises and shall be in force and enforceable during all the time the licensee, its agents, servants, employees or stock are in such premises. The fee for each license shall be either the amount stated in Section 150.030 for a one (1) day license or the amount stated therein for a one (1) year license. This license shall allow the sale of alcoholic beverages in the original package.
a.
Caterers issued a special license pursuant to this Subsection (A)(14) shall report to the Finance Department the location of each event five (5) business days in advance. The report of each event shall include permission from the property owner, description of the premises, and the date or dates the event will be held.
b.
Notwithstanding the provisions of this Chapter to the contrary, applications for special license issued pursuant to this Subsection (A)(14) shall be exempt from the requirements of Section 600.180(A).
15.
The sale at retail by the drink, for consumption on the premises
where sold, of malt liquor and wine containing not in excess of fourteen
percent (14%) of alcohol by weight.
16.
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell alcoholic beverages in the original package at retail pursuant to Section 600.190(A)(8) may apply for a special license to conduct wine, malt beverage and distilled spirit tastings on the licensed premises. In addition to all other fees required by law, a licensee shall pay an additional fee, per year, in the amount stated in Section 150.030 for a wine, malt beverage and distilled spirits tasting license, payable at the same time and in the same manner as its other license fees. Nothing in this paragraph shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on premise consumption.
B.
This Section shall not apply to a license
granted to a political subdivision of the State of Missouri which
shall be exempt from the payment of license fees.
[1]
Editor’s Note: Ord. No. 17-172 also
changed the title of this Section from “Classification –
Schedule of Fees” to “Categories Of Licenses And License
Fees.”
[R.O. 2011 § 600.200; R.O. 2009
§ 115.26; CC 1981 § 3-29; Ord.
No. 87-116, 6-2-1987; Ord. No. 93-155, 7-7-1993; Ord. No. 93-170, 7-21-1993; Ord. No. 93-174, 8-15-1993; Ord. No. 94-127, 6-8-1994; Ord. No. 94-179, 7-21-1994; Ord. No. 94-243, 9-15-1994; Ord. No. 94-309, 11-16-1994; Ord. No. 94-324, 12-7-1994; Ord. No. 96-47, 2-21-1996; Ord. No. 96-100, 3-21-1996; Ord. No. 03-229, 9-18-2003; Ord. No. 08-21, 1-24-2008; Ord. No. 12-201 § 1, 11-8-2012; Ord.
No. 22-083, 6-22-2022]
A.
Arcade Sunday Liquor License.
1.
Notwithstanding any other provisions
of this Chapter to the contrary, any person who possesses the qualifications
required by this Chapter and who now or hereafter meets the requirements
of and complies with the provisions of this Chapter, may apply for
a license to sell alcoholic beverages, as defined in this Chapter,
between the hours on Sunday allowed by the laws of the State of Missouri
by the drink at retail for consumption on the premises of any arcade
as described in the application.
2.
All other laws and regulations of the City relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to an arcade in the same manner as they apply to establishments licensed under the provisions of this Chapter and in addition to all other fees required by law, an arcade shall pay an additional annual fee in the amount stated in Section 150.030 for such arcade Sunday liquor license, payable at the same time and in the same manner as its other license fees.
[Ord. No. 22-168, 12-20-2022]
3.
Nothing in this Section shall be
construed to permit an arcade licensee to sell alcoholic beverages,
malt liquor or beer for off-premises consumption.
B.
Special Sunday Retail Original Package
License.
1.
Notwithstanding the provisions of
this Chapter, any person possessing the qualifications and meeting
the requirements of this Chapter, who is licensed to sell alcoholic
beverages in the original package at retail under Section 600.190(8)
and (9), may apply for a special license to sell alcoholic beverages
in the original package at retail on Sundays during hours allowed
by the laws of the State of Missouri.
2.
In addition to all other fees required by law, anyone licensed to sell alcoholic beverages in the original package at retail under Section 600.190(8) and (9) shall pay an additional annual fee in the amount stated in Section 150.030 for a special license to sell alcoholic beverages in the original package at retail on Sundays during hours allowed by the laws of the State of Missouri.[1]
[Ord. No. 22-168, 12-20-2022]
[1]
Editor’ Note: Former Subsection (C),
regarding wine, malt beverage and distilled spirits tasting permit,
which immediately followed, was repealed 10-3-2017 by Ord. No. 17-211.
[R.O. 2011 § 600.210; R.O. 2009
§ 115.27; CC 1981 § 3-30; Ord.
No. 87-116, 6-5-1987; Ord. No. 88-155, 8-8-1988; Ord. No. 08-21, 1-24-2008; Ord. No. 22-083, 6-22-2022]
A.
Malt Liquor License — Anytime. The
Director of Special Events may issue a license for the sale of malt
liquor for consumption on the premises where sold to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for the sale of malt liquor at a picnic, bazaar, fair
or similar gathering. Such license shall be issued only for the days
named therein; and it shall not authorize the sale of malt liquor
for more than seven (7) days by any such organization in any fiscal
year.
B.
Alcoholic Beverages License — Anytime. The Director of Special Events may issue a license for the sale of alcoholic beverages, in lieu of a limited license issued pursuant to Subsection (A) of this Section, for consumption on the premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of alcoholic beverages at a picnic, bazaar, fair or similar gathering. Such license shall be issued only for the days named therein; and it shall not authorize the sale of alcoholic beverages for more than seven (7) days by any such organization in any fiscal year.
[1]
Editor's Note: Former Section 600.220, Consumption Of Liquor
Where Food, Beverages Or Entertainment Sold, was repealed 6-22-2022
by Ord. No. 22-083. Prior history includes CC 1981 § 3-32,
R.O. 2009 § 115.28, R.O. 2011 § 600.220, Ord.
No. 87-116 and Ord. No. 08-21.
[R.O. 2011 § 600.230; R.O. 2009
§ 115.29; CC 1981 § 3-33; Ord.
No. 87-116, 6-5-1987; Ord. No. 99-239, 7-9-1999; Ord. No. 06-216, 8-9-2006; Ord. No. 08-21, 1-24-2008]
A.
Individuals. No license provided for by
this Chapter shall be issued to any individual except in conformity
with the following:
1.
The individual shall be in fact actively
engaged in the actual control and management of the particular alcoholic
beverage establishment for which a license is sought.
2.
The individual shall be least twenty-one
(21) years of age and a United States citizen.
3.
The individual shall be of good moral
character.
[Ord. No. 22-083, 6-22-2022]
4.
The individual shall not have been,
since the ratification of the 21st Amendment to the Constitution of
the United States, convicted of, nor have entered a plea of guilty,
no contest or nolo contendere to a charge of violating the provisions
of any law applicable to the manufacture, sale or disposal of alcoholic
beverages as confirmed by a Police Department record check.
5.
The individual shall not have been
the holder of an alcoholic beverage license which has been revoked
by any City, County or State.
6.
The individual shall not owe any
delinquent taxes or fees to the City and shall provide a no tax due
letter from the Department of Revenue which has been issued in the
preceding ninety (90) days. Delinquent taxes which have been challenged
or contested in a court proceeding or in a manner prescribed by law
shall not preclude the issuance of a license.
7.
The individual shall provide proof
of the right to possession of the premises sought to be licensed upon
the date of the issuance of the license by presenting with the license
application a deed, bona fide sale contract or option duly executed
or a bona fide lease duly executed by the lessor or an option for
a lease duly executed.
8.
All licensees, who serve alcohol by the drink, shall be required
at all times to have in its possession a functional portable identification
scanner, or like device or app, for the purpose of examining identification
cards to prevent the consumption of alcohol by minors. Proof of the
portable identification scanner, like device or app, acceptable to
the Director of Finance, shall be presented as a condition to having
a liquor license approved and renewed.
[Ord. No. 22-083, 6-22-2022]
B.
General Partnership, Limited Partnership,
Limited Liability Company, Associations, Syndicates Or Co-Partnership.
No license shall be issued to any general partnership, limited partnership,
limited liability company, association, syndicate or co-partnership
unless all members of the general partnership, limited partnership,
limited liability company, association, syndicate or co-partnership
are persons who would be eligible for licenses as individuals under
the provisions of this Chapter and no such license shall be issued
to any general partnership, limited partnership, limited liability
company, association, syndicate or co-partnership, any partner or
member of which has been the holder of a license which has been revoked
by any City, County or State.
C.
Corporations. No license provided for in
this Chapter shall be issued to any corporation except in conformity
with the following:
1.
All the officers and directors of
such corporation shall be persons of good moral character.
2.
The managing officer of the corporation
is an individual who is eligible for a license as an individual under
the provisions of the Chapter.
3.
Such corporation has not been the
holder of a license which has been revoked by any City, County or
State.
D.
Non-Residents — Foreign Corporations.
Nothing in this Section shall prevent the issuance of a license to
a non-resident of the State or to a foreign corporation for the privilege
of selling to duly licensed wholesalers and soliciting orders for
the sale of alcoholic beverages to, by and or through a duly licensed
wholesaler.
[Ord. No. 22-083, 6-22-2022]
[R.O. 2011 § 600.240; R.O. 2009
§ 115.30; CC 1981 § 3-34; Ord.
No. 87-116, 6-5-1987; Ord. No. 95-203, 8-8-1995; Ord. No. 08-21, 1-24-2008; Ord. No. 18-201, 9-25-2018[1]]
A.
No license 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 law, may make application
and the Director of Finance may transfer such license to the widow,
widower or next of kin 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 alcoholic beverage 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 general
partnership, limited partnership, limited liability company, association,
syndicate or co-partnership withdraw from the general partnership,
limited partnership, limited liability company, association, syndicate
or co-partnership, the Director of Finance upon request, shall permit
the remaining one (1) or more partners or members 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.
C.
In the event the operation of a licensed
premises shall be discontinued or abandoned for a period of sixty
(60) days or more, the Director of Finance, first having given five
(5) days' written notice to the licensee of the premises by causing
same to be served upon him/her by a City Police Officer or sent via
United States Postal Service certified mail to the address shown on
the most recent license application may declare such license abandoned
or forfeited.
[1]
Editor's Note: Ord. No. 18-201 also changed
the title of this Section from "Assignment and Transfer" to "Assignment,
Transfer And Abandonment And Forfeiture For Non-Use."
[R.O. 2011 § 600.250; R.O. 2009
§ 115.31; CC 1981 § 3-35; Ord.
No. 87-116, 6-5-1987; Ord. No. 95-203, 8-8-1995; Ord. No. 06-90, 4-26-2006; Ord. No. 08-21, 1-24-2008]
A.
Each license issued in compliance with
this Chapter shall expire on June thirtieth (30th) next succeeding
the beginning date of such license. Of the annual license tax to be
paid for any such license, the applicant shall pay as many twelfths
as there are months, part of a month to be counted as one (1) month,
remaining from the date of the application for the license through
each succeeding July 1.
B.
All licenses granted in renewal of a license
expiring on June 30 of any year shall be granted and issued for a
period of one (1) year beginning on July 1 of the year in which granted
and issued and shall expire on June 30 of the next succeeding year.
No license shall be given a beginning date prior to the day of granting
of such license.
[Ord. No. 24-001, 1-2-2024]
The Liquor Commission shall consist of three (3) members who are City residents. Each member of the Commission shall be independent and unbiased as to matters brought before it for consideration. The Commission's decision shall be made by a majority vote. The members shall serve at the pleasure of the Mayor. Notwithstanding Section 125.100, the Mayor does not serve as an additional member of and there shall be no Council liaison on the Liquor Commission.
[R.O. 2011 § 600.260; R.O. 2009
§ 115.32; CC 1981 § 3-36; Ord.
No. 87-116, 6-5-1987; Ord. No. 89-4, 1-4-1989; Ord. No. 93-89, 4-21-1993; Ord. No. 95-203, 8-8-1995; Ord. No. 03-330, 12-23-2003; Ord. No. 06-90, 4-26-2006; Ord. No. 07-162, 6-11-2007; Ord. No. 08-21, 1-24-2008; Ord. No. 16-171 § 4, 9-6-2016; Ord. No. 18-021, 2-6-2018; Ord. No.
18-201, 9-25-2018; Ord. No. 18-273, 12-18-2018; Ord. No. 20-026, 2-18-2020; Ord. No. 21-028, 2-16-2021; Ord.
No. 21-076, 5-18-2021; Ord. No. 22-083, 6-22-2022]
A.
General And Purpose.
1.
Notwithstanding any other provision
of this Code to the contrary, any license issued under this Chapter
may be revoked or suspended by the Commission for any licensee who
violates any of the provisions of this Code, subject to the notice
and hearing requirements and procedures set forth in this Section.
2.
The intent of the point system is
to provide the Commission with non-arbitrary means to evaluate incidents
occurring on the premises, the parking lot for the premises or an
area under the control of the licensee for which a license to sell
alcoholic beverages has been issued and to guide the Commission in
suspending or revoking liquor licenses.
B.
Licensee Responsible For Conduct Of Employees.
License violations which occur due to the conduct of an employee or
agent of a licensee shall be imputed to the licensee. Any points assessed
for a license violation by an employee or agent of a licensee shall
be assessed against the licensee's liquor license.
C.
Burden Of Proof, Liability. Points may
only be assessed against a license when the Commission determines
by a preponderance of the evidence that a licensee, or an employee
or agent of a licensee, committed a license violation. Points may
be assessed against a license even if the individual who performed
the action or conduct that constituted the license violation was not
convicted of committing a crime.
D.
Violations And Point Assessment. For the purposes of this Section 600.260 the term license violation ("violation") shall include the following which may result in the assessment of points against a liquor license, as listed below, or suspension or revocation of the liquor license if the violation occurs on the premises, the parking lot for the premises or an area under the control of the licensee.
Violations and range of points to be assessed:
1.
Homicide: any "homicide offense" under Chapter 565, RSMo., as
amended: may result in license revocation: 0.5 to 12 points.
4.
Prostitution: any action or conduct which violates any provision
of Chapter 567, RSMo., as amended: 2 to 5 points.
5.
Gambling: any action or conduct which violates any provision
of Chapter 572, RSMo., as amended: 2 to 5 points.
6.
Pornography: any action or conduct which violates any provision
of Chapter 573, RSMo., as amended: 2 to 5 points.
8.
Sexual offenses: any action or conduct which violates any provision
of Chapter 566, RSMo.: 2 to 5 points.
9.
Underage consumption or possession of alcoholic beverages or
serving a visibly intoxicated person (as defined by Section 537. 053(3),
RSMo., as amended): 0.5 to 4.5 points.
10.
Allowing a person to exit the licensed premises while possessing
an open container of alcoholic beverage: 0.5 to 3.5 points.
11.
The licensee suffered or permitted any action or conduct prohibited by Section 600.120 of the City Code: 0.5 to 4 points.
12.
Pub crawl participation: failure to maintain an orderly place or allowing any violation of this Chapter 600: 0.5 to 4.5 points.
13.
Health and sanitation violations: any action or conduct which violates any provision of Chapter 230 of the Ordinances of the County of St. Charles, Missouri., Chapter 196, RSMo.; or 19 CSR 20-1.010 et seq., or the Missouri Food Code, as amended: 0.5 to 3 points.
14.
The license was obtained through materially false statements
in the application for such license or renewal thereof shall result
in revocation of the liquor license: 12 points.
15.
The licensee failed to make a complete disclosure of all required
information in the application for such license potential or renewal
thereof: 1 to 7 points.
16.
The licensee, since the issuance of such license, has ceased
to be the person actually engaged in the active control and management
of the premises for which the license was issued shall result in revocation
of the liquor license: 12 points.
17.
The licensee fails or refuses to allow access to the licensed
premises by a City employee engaged in an investigation of any violation
of any municipal ordinance: 0.5 to 7 points.
18.
Exceeding the occupancy load for the premises as stated on the
occupant load limit sign posted in the premises, or failing to post
the occupant load limit sign for the premises in a conspicuous place
near the main exit or exit access doorway of the premises: 0.5 to
3 points.
19.
The licensee violates any provision of a right-of-way encroachment
license: 0.5 to 3 points.
20.
The licensee sells food or drink without prior approval of the
City in any area subject to a right-of-way encroachment license or
outside the licensed premises: 0.5 to 3 points.
21.
All other violations of law or the City Code: 0.5 to 12 points.
[Ord. No. 22-122, 9-6-2022]
22.
Any act or conduct which is not specifically covered above that
violates Chapter 311, RSMo., which is adopted by reference as if fully
set forth and as may be revised and amended from time to time: 0.5
to 12 points.
E.
Notification of the point system as stated herein and a copy of this Section 600.260 will be provided to each licensee by the Director of Finance upon the issuance of a license.
1.
Upon the receipt of an incident report or other evidence of
a violation, the Commission shall follow the procedures set forth
in this Section.
a.
The Commission shall supply licensee a minimum of seven (7)
days' notice of its intent to hear any evidence of the alleged violation.
The notice shall provide a brief description of the alleged violation,
as well as provide the date, time and location the Commission will
convene. The notice of the hearing shall be served upon the licensee
by leaving a copy at the licensed premises or by mailing the notice
by certified mail to the licensee at the licensed premises or providing
notice via the email address provided by the licensee to the Director
of Finance.
b.
The Commission shall convene to review the incident report which
shall include, but not be limited to, pertinent documents and evidence
related to the incident out of which the alleged violation arose.
c.
The licensee shall be permitted up to ten (10) minutes per alleged
violation in order to present or provide any documents or evidence
refuting the alleged violation.
d.
If the Commission determines by a preponderance of the evidence that a licensee, or an employee or agent of a licensee, committed a license violation, the Commission may assess points against the license(s) of the licensee in accordance with this Section 600.260.
e.
In assessing points within the recommended range, the Commission
shall consider: 1) the seriousness and facts surrounding the particular
violation; 2) if the licensee incurred more than one (1) violation
on the same date of operation; and 3) the frequency and number of
prior violations and points assessed against the licensee for the
immediate prior thirty-six (36) month period.
f.
The Commission need not make a determination either as to the
violation(s) and/or assessment of points at the hearing. Rather, the
Commission may elect to make its determination as to the violation(s)
and/or assessment of points at a later meeting of the Commission to
occur not later than sixty (60) days from the date of the hearing.
[Ord. No. 22-122, 9-6-2022]
g.
Once a determination is made, the Commission shall promptly
notify the licensee of the points assessed against the applicable
liquor license(s), and provide the total of outstanding points assessed
against such license(s).
[Ord. No. 22-122, 9-6-2022[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection (E)(1)(f) and (g) as (E)(1)(g) and (h).
h.
If the Commission determines by the preponderance of the evidence
that a licensee, or an employee or agent of a licensee, did not commit
a license violation, the Commission shall notify the licensee that
the Commission will take no further action with respect to the incident.
F.
Classification Of Violations Pursuant To Point Totals.
1.
Minor Violations: 0.5 to 5.9 points in any twelve (12) month
consecutive period shall not result in either suspension or revocation
of the liquor license.
2.
Significant Violations: 6.0 to 11.9 points in any twelve (12)
month consecutive period shall result in a suspension of the Liquor
License of a minimum of one (1) day and a maximum of fourteen (14)
consecutive days. Dates of suspension shall be determined at the sole
discretion of the Commission.
3.
Major Violations: 12.0 points or more in any twelve (12) month
consecutive period shall result in a revocation of the Liquor License.
|
For purposes of calculating the number of points within a twelve
(12) month consecutive period, the date the point assessment becomes
final shall be the date used for calculating the number of points
assessed within the period. The date on which the assessment of points
becomes final is the date the points are assessed by the Commission
or the date judicial review of the point assessment is complete, whichever
is later.
|
G.
Point Reduction After Period Of Time. If a licensee is not assessed
any points for a twelve (12) consecutive month period, the assessed
points charged against the licensee shall be reduced by one-third
(1/3). If a licensee is not assessed any points for a twenty-four
(24) consecutive month period, the assessed points charged against
the licensee shall be reduced by one-half (1/2). If a licensee is
not assessed any points for a thirty-six (36) consecutive month period,
the remaining assessed points charged against the licensee shall be
withdrawn.
H.
Hearing Procedures. Judicial review of a decision of the Commission
shall be pursuant to the process set out in Chapter 536, RSMo., as
amended, for a contested case (Sections 536.100 to 536.140, RSMo.)
in the Circuit Court of St. Charles County, Missouri.
[R.O. 2011 § 600.270; R.O. 2009
§ 115.33; CC 1981 § 3-37; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
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. 2011 § 600.280; R.O. 2009
§ 115.34; CC 1981 § 3-38; Ord.
No. 87-116, 6-5-1987; Ord. No. 88-59, 4-13-1988; Ord. No. 88-130, 7-7-1988; Ord. No. 89-138, 7-12-1989; Ord. No. 93-169, 7-21-1993; Ord. No. 94-185, 7-27-1994; Ord. No. 94-324, 12-7-1994; Ord. No. 95-3, 1-4-1995; Ord. No. 95-309, 11-8-1995; Ord. No. 96-5, 1-16-1996; Ord. No. 96-42, 2-21-1996; Ord. No. 98-208, 5-14-1998; Ord. No. 00-246, 9-21-2000; Ord. No. 00-328, 12-1-2000; Ord. No. 01-42, 2-26-2001; Ord. No. 01-167, 7-19-2001; Ord. No. 04-1, 1-7-2004; Ord. No. 04-44, 2-23-2004; Ord. No. 08-21, 1-24-2008; Ord. No. 08-139, 7-16-2008; Ord. No. 08-208, 10-8-2008; Ord. No. 09-39, 2-23-2009; Ord. No. 10-132 § 1, 6-16-2010; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 12-201 § 1, 11-8-2012; Ord. No. 13-144 § 1, 8-6-2013; Ord. No. 18-021, 2-6-2018; Ord. No.
18-061, 3-20-2018; Ord. No. 18-110, 5-1-2018; Ord. No. 18-201, 9-25-2018; Ord. No. 21-028, 2-16-2021; Ord.
No. 21-076, 5-18-2021; Ord. No. 22-083, 6-22-2022]
A.
The granting of liquor licenses shall be determined according to the criteria and limitations set forth in this Section and shall be interpreted and applied independently of one another and of the conditional use permit requirements of Chapter 400. The term "liquor license," as used in Subsection (C) of this Section, shall not include licenses for the sale of alcoholic beverages or malt liquor, when the license is for the sale at retail, in the original package and not for consumption upon the premises.
B.
No liquor license shall be granted to any
person in relation to any premises located within zoning districts:
"R-1C," "R-1E," "R1-D," "R-2," "R-3A," or "R-M." This Section shall
not apply to:
C.
No liquor license or restaurant liquor
license shall be granted to any person for any premises if the property
line of the premises sought to be licensed is less than three hundred
(300) feet from the property line of any property used as a hospital,
school or church, from the property line of any property in a residential
zoning district, any residential land use in the "HCD" zoning district,
or in the O-I zoning district, unless the applicant for the license
shall first obtain the consent of the City Council. Such consent shall
not be granted until at least ten (10) days' written notice has been
provided to all owners of property within three hundred (300) feet
of the proposed licensed premises. The three hundred (300) foot restriction
contained herein shall only apply to license applications filed on
or after January 1, 2001, for premises for which no liquor license
has previously been issued. The criteria and limitations in this Subsection
shall not apply to an application for a liquor license for:
[R.O. 2011 § 600.290; R.O. 2009
§ 115.35; CC 1981 § § 3-40 — 3-41; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 § 1, 5-20-2011; Ord. No. 13-059 § 1, 3-10-2013; Ord. No. 16-111 § 1, 5-17-2016; Ord. No. 22-083, 6-22-2022]
No license applied for pursuant to
this Chapter shall be issued for the sale of alcoholic beverages in
the original package, not to be consumed upon the premises where sold,
except to a person engaged in and which license shall 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 general merchandise store,
a grocery store, a liquor store, a gas or automobile products or service
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, alcoholic
beverages, gasoline, petroleum products and automotive parts and supplies.
[R.O. 2011 § 600.300; R.O. 2009
§ 115.36; CC 1981 § 3-42; Ord.
No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
A.
Notwithstanding any other provisions of
this Chapter to the contrary, any person who possesses the qualifications
required by this Chapter and who meets the requirements of and complies
with the provisions of this Chapter may apply for and the City may
issue a license to sell alcoholic beverages, as defined in this Chapter,
by the drink at retail for consumption on the premises of any boat
or other vessel licensed by the United States Coast Guard to carry
one hundred (100) or more passengers for hire on navigable waters
in or adjacent to the City, which has a regular place of mooring in
a location in this City or within two hundred (200) yards of a location
which would otherwise be licensable under this Chapter. The license
shall be valid even though the boat or other vessel leaves its regular
place of mooring during the course of its operation.
[Ord. No. 22-083, 6-22-2022]
