City of Wildwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 1920 §§7—8, 2-25-2013]
ATTACHMENTS600a Appendix A
[Ord. No. 52 §1, 9-1-1995; Ord. No. 999 §1, 8-25-2003; Ord. No. 1018 §1, 11-24-2003; Ord. No. 1920 §1, 2-25-2013]
When used in this Chapter, the following words shall have the following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
COMMON EATING AND DRINKING AREA
An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor, where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of such areas or otherwise, and where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is, or is projected to be, at least two hundred seventy-five thousand dollars ($275,000.00).
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent (0.5%) by volume, except for non-intoxicating beer as defined herein. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) alcohol 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.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer.
PERSON
An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any officer appointed by any State or Federal court.
SALE BY THE DRINK
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.
SPECIALTY WINE STORE
An establishment engaged primarily in the sale of light wines and having sales of intoxicating liquor other than light wine that do not exceed five percent (5%) of the gross annual sales generated at that location and additionally constitute no more than five percent (5%) of its gross retail floor area for the display and sale of same.
[Ord. No. 52 §2, 9-1-1995; Ord. No. 999 §§2—3, 8-25-2003; Ord. No. 1920 §§2—3, 2-25-2013]
A. 
No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Wildwood without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and sub-categories of liquor sales in which the licensee desires to engage as set forth herein.
1. 
General licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer:
a. 
Package liquor—malt liquor only. Sales of malt liquor at retail in the original package not for consumption on the premises where sold.
b. 
Package liquor—non-intoxicating beer. Sales of non-intoxicating beer at retail in the original package not for consumption on the premises where sold.
c. 
Package liquor—all kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsections (1)(a) and (1)(b), above.
d. 
Liquor by the drink—malt liquor/light wine only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (1)(a), above.
e. 
Liquor by the drink—non-intoxicating beer. Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (1)(b), above.
f. 
Liquor by the drink—all kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (1)(c), above.
g. 
Common eating and drinking areas. Sales of intoxicating liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
2. 
Sunday sales. Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 9:00 A.M. and Midnight:
a. 
Package liquor—all kinds. Sales of liquor of all kinds in the original package at retail, not for consumption on the premises where sold.
b. 
Liquor by the drink—all kinds. Sales of liquor of all kinds by the drink at retail for consumption on the premises.
c. 
Liquor by the drink—common eating and drinking area. Sales of liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
3. 
Permits.
a. 
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 the premises where sold.
b. 
Wine tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (1)(c) and (2)(a), above, may apply for a special permit to conduct wine tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine for on-premises consumption.
[Ord. No. 52 §3, 9-1-1995; Ord. No. 999 §4, 8-25-2003; Ord. No. 1018 §2, 11-24-2003; Ord. No. 1920 §4, 2-25-2013]
A. 
Package Sales, Limitations.
1. 
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 grocery store, a general merchandise store, a confectionery or delicatessen store, or a specialty wine 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.
2. 
No license for the sale at retail of any and all kinds of intoxicating liquor in the original package shall be granted or issued to any person if the gross sales of said intoxicating liquor shall exceed fifty percent (50%) of the gross sales generated by said person at the licensed location; provided however, that the limitation contained in this subparagraph (2) shall not apply to the licensing and operation of a specialty wine store.
B. 
Temporary Permit For Sale By Drink—Certain Organizations.
1. 
The City Clerk may issue a permit for the sale of intoxicating liquor for consumption on the premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization 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 in any fiscal year.
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 Section, 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 licensee shall sell, give away or otherwise dispose of, or allow the same to be done, on or about the premises 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. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
2. 
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the championship game of the National Football League is played, commonly known as "Super Bowl Sunday", a licensee 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 City Council. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
E. 
Druggists May Sell And Physicians Prescribe Liquor. Any druggist may have in his/her possession intoxicating liquor purchased by him/her from a licensed vendor under a license pursuant to State law, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State, and lawfully inspected, gauged and labeled as provided by State law; such intoxicating liquor to be used in connection with the business of a druggist, in compounding medicines or as a solvent or preservant; provided, that nothing in this Chapter shall prevent a regularly licensed druggist, after he/she procures a license therefor, from selling intoxicating liquor in the original package, but not to be drunk or the packages opened on the premises where sold; and provided further, that nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his/her professional judgment for any patient at any time, or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as above provided.
F. 
Fees Taken In Lieu Of Proportionate Part Of Merchant's Tax And Ad Valorem Tax. The fees to be charged under the provisions of this Chapter shall be taken in lieu of the portion of any merchant's license fee representing the square footage reported by the merchant in the merchant's license verification that is used solely for the purposes for which the liquor license herein was obtained, provided that no such offset or credit shall be required or provided except where necessary to comply with State law. If the merchant's tax shall be assessed by means other than square footage, the proportionate credit referred to herein shall be calculated on such other means of assessment.
[Ord. No. 52 §4, 9-1-1995; Ord. No. 1920 §§5—6, 2-25-2013]
A. 
The following categories and sub-categories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Malt liquor—original package: $22.50.
b. 
Non-intoxicating beer—original package: $22.50.
c. 
Intoxicating liquor (all kinds)—original package: $150.00.
d. 
Malt liquor and/or light wines—by drink: $52.50.
e. 
Non-intoxicating beer—by drink: $37.50.
f. 
Intoxicating liquor (all kinds)—by drink: $450.00.
g. 
Common eating and drinking places: $450.00.
2. 
Sunday sales.
a. 
Intoxicating liquor—original package: $300.00.
b. 
Liquor by the drink: $300.00.
c. 
Common eating and drinking areas: $300.00.
3. 
Permits.
a. 
Temporary permit—by the drink for certain organizations (7 days max.): $37.50.
b. 
Wine tasting permit: $37.50.
4. 
Other fees and licenses. Any fee for permits or licenses not otherwise set forth in this Section shall be in an amount one and one-half (1.5) times the amount of each fee for the specific licenses set forth in Appendix A to this Chapter.
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
[Ord. No. 52 §5, 9-1-1995; Ord. No. 231 §1, 5-28-1996; Ord. No. 999 §5, 8-25-2003; Ord. No. 1246 §1, 11-28-2005; Ord. No. 1573 §1, 11-10-2008]
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. In addition thereto the City Council 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 to an applicant.
C. 
Hearing On Application. Upon the filing of the application for a new license with the Clerk, the Clerk shall fix a date for a hearing before the City Council not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of the hearing. Whenever the proposed license premises (property lot line) is within two hundred (200) feet of any school, church or other building regularly used as a place of religious worship, written notice of the application shall be provided at least ten (10) days in advance of the hearing to all property owners within two hundred (200) feet of the proposed license premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
1. 
The City Council shall consider the location of the proposed business for which a license is sought with respect to its proximity to a school, a church, a public park or playground and to other places of the character for which a license is sought and shall have authority to refuse to issue a license when in their judgment the issuance thereof would not be in the best interests of the locality of the proposed business. In no event shall the City Council approve the issuance of a license for the sale of liquor within two hundred (200) feet of any school, church or other building regularly used as a place of worship, unless the applicant for the license shall first obtain the consent in writing of the City Council by means of prior Council vote reflected in the minutes consenting to such proceeding with a hearing and notice as provided herein irrespective of such proximity of a school, church other place of worship; except that when a school, church or place of worship shall thereafter be established within two hundred (200) feet of any place of business licensed to sell intoxicating liquor, renewal of the license shall not be denied for this reason.
2. 
The City Council shall approve the application, subject to any conditions as may be necessary to meeting the following conditions, if after the hearing it finds:
a. 
Issuance of the requested license would be in the best interests of the City and the owners, residents and occupants of property in the locality of the proposed business;
b. 
The applicant is a person of good moral character and a qualified legal voter and a taxpaying citizen of the County, Town, City or Village, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village, except that the voter and taxpaying citizen requirements may be waived by the City Council at the time of approval;
c. 
No person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his business as such dealer any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; provided that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State;
d. 
The applicant plans and proposes to conduct a retail liquor business in compliance with the laws of the State of Missouri, the ordinances of the City and the provisions of this Chapter.
D. 
Upon approval of any application 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 before the expiration of such time.
E. 
Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Upon payment of the license fee provided herein, the Clerk shall renew the license; provided, however, that in the event that 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 prior to the first (1st) day of May, the City Council shall conduct a hearing on the application for license renewal as provided in Subsection (C) hereof.
F. 
Purchase Or Possession By Minor, Misdemeanor. No person under the age of twenty-one (21) years shall purchase, attempt to purchase or possess any intoxicating liquor or non-intoxicating beer except as otherwise authorized by law. For purposes of prosecution, a manufacturer sealed container which describes its contents as intoxicating liquor or non-intoxicating beer need not be opened or the contents tested to establish the contents as intoxicating liquor or non-intoxicating beer.
[Ord. No. 52 §6, 9-1-1995; Ord. No. 68 §1, 9-1-1995; Ord. No. 1645 §1, 8-24-2009]
A. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer When.
1. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.
2. 
In any place of business licensed in accordance with this Chapter, where at least fifty percent (50%) of the gross sales made consists of goods, merchandise, or commodities other than intoxicating liquor or non-intoxicating beer in the original package, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for, and sack for carry-out intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
3. 
Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor or non-intoxicating beer in places of business which sell food for consumption on the premises if at least fifty percent (50%) of all sales in those places consists of food; provided that nothing in this Section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar intoxicating beverages or non-intoxicating beer.
B. 
Sales To Minor—Exceptions. 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 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 the licensee.
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), above, 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. 
Purchase Or Possession By Minor, Misdemeanor. No person under the age of twenty-one (21) years shall purchase, attempt to purchase, possess or attempt to possess any intoxicating liquor or non-intoxicating beer, nor shall any person under the age of twenty-one (21) years be visibly intoxicated or have a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood within the City. For purposes of prosecution, a manufacturer sealed container which describes its contents as intoxicating liquor or non-intoxicating beer need not be opened or the contents tested to establish the contents as intoxicating liquor or non-intoxicating beer.
E. 
Minor On The Premises Of Liquor Establishments—Exceptions. No licensee holding a sales-by-drink license for intoxicating liquor, or his/her employee, agent or servant, shall suffer or allow a person under the age of twenty-one (21) years to enter the premises or to linger or loiter in or about such premises, except that a person sixteen (16) through twenty (20) years of age may be on such premises if accompanied by a parent, legal guardian, or spouse over twenty-one (21) years of age. This Section shall not apply to amusement places or premises where substantial quantities of food are served.
[Ord. No. 52 §7, 9-1-1995]
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. 
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.
C. 
Window Display Of Liquor Unlawful. It shall be unlawful to display in any street window or show window any intoxicating liquor, or any package, bottle or container bearing the label or brand of any intoxicating liquor.
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 laws of the State 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. 
Place Of Sales To Be Within View Of Street, Etc. It shall be unlawful for any licensee to sell intoxicating liquors in a place, building or room where there are blinds, screens, swinging doors, curtains or any other thing in such building or room that will obstruct or obscure the interior of such room from public view from the street, or in any room not located on the ground floor or level immediately abutting on a public street.
F. 
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee 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.
G. 
Off-Premises Consumption.
1. 
No licensee shall sell intoxicating liquor at retail in the original package, not to be consumed on the premises where sold, in any original package containing less than eight (8) ounces.
2. 
No licensee shall permit any person to remove from the licensed premises any intoxicating liquor or non-intoxicating beer in any unsealed glass, bottle, can or other open container of any type.
3. 
All licensees shall post a notice at each exit of the premises which is used by customers or patrons that "NO ALCOHOLIC BEVERAGES MAY BE CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING".
H. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor Or Non-Intoxicating Beer. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor or non-intoxicating beer, 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.
I. 
Drinking In Public Places Prohibited.
1. 
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare or other public way of the City, or any parking lot.
2. 
No person shall drink or ingest any intoxicating liquor or non-intoxicating beer in or on any public place.
3. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor or non-intoxicating beer while in or upon any public place.
4. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor or non-intoxicating beer while within or on any motor vehicle while the same is being operated upon or parked or standing in or upon any public place.
J. 
No retail licensee or his/her employee shall permit in or upon his/her licensed premises:
[Ord. No. 2201 §6, 8-8-2016]
1. 
The performance of acts, or simulated acts of sexual conduct as defined in Section 415.590;
2. 
The displaying of any portion of the areola of the female breast even if covered by body paint, body dyes, tattoos, liquid latex, whether wet or dried, and other similar substances;
3. 
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
4. 
The actual or simulated displaying of nudity, as defined in Section 415.590;
5. 
Any nude person as defined in Section 415.590, to remain in or upon the licensed premises who is to public view; or
6. 
The displaying of films, video programs or pictures depicting acts, the live performances of which are prohibited by State law or City ordinance.
[Ord. No. 52 §8, 9-1-1995]
A. 
Suspension Or Revocation Of License—When—Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the City Council not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than five (5) days written notice 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 600.090 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 of the Revised Statutes of Missouri, or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Liquor Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving, or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years,
b. 
Any person during unauthorized hours on the licensed premises,
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the City Council.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311 of the Revised Statutes of Missouri. 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 that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the City Council shall sell or give away any intoxicating liquor or non-intoxicating beer during the time such suspension is in effect. Any licensee desiring to keep the premises open for the sale of food or merchandise during the period of suspension shall display the City Council's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[Ord. No. 52 §9, 9-1-1995]
A. 
Testimony—Evidence. Hearings before the City Council shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses—How Summoned. Subpoenas may be issued by the City Council 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 City Council 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 on any such hearing he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision—License Application. If the evidence supports a finding that a license should be granted, such license shall issue in accordance with Section 600.050 of this Chapter. If the evidence supports a finding that the license should be disapproved, the City Council shall so notify the applicant in writing, setting forth the grounds and reasons for disapproval, and shall return therewith the applicant's remittance.
E. 
Decision—Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the City Council 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 issue.
F. 
Appeal. Any applicant or licensee aggrieved by a decision of the City Council may appeal such decision pursuant to Chapter 150 of this Code.