[R.O. 2006 §600.010; CC 1985 §3-1; Ord. of 7-11-1985,
§50.010]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A square block as platted in the plat of the City.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Persons selling intoxicating liquor to retailers for resale.
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt, or other liquors, or combination of liquors, a part
of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes, containing in excess of one-half
of one percent (.5%) by volume except for non-intoxicating beer as
defined in Section 312.010, RSMo. All beverages having an alcoholic
content of less than one-half of one percent (.5%) by volume shall
be exempt from the provisions of this Chapter, but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
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 not less than
one-half of one percent (.5%) by volume and not exceeding three and
two-tenths percent (3.2%) by weight.
Shall be construed and held to refer to any package containing
three (3) or more standard bottles of beer.
Parks or playgrounds, the title to which is in the City or
the School Board of the City, School District, or the Park Board of
the City.
A public schoolhouse erected and constructed at the expense
of the taxpayers of the City and used as a building wherein educational
facilities are provided and paid for by direct taxation against all
the property in such School District.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty 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.
[R.O. 2006 §600.020; CC 1985 §3-2; Ord. of 7-11-1985,
§50.020(a)]
The public policy of the City is that the holding of licenses
to sell intoxicating liquors or non-intoxicating beer is a privilege
and not a right. The provisions of this Chapter are designed to insure
that liquor or non-intoxicating beer licenses are granted only to
persons of responsible and moral character.
[R.O. 2006 §600.030; CC 1985 §3-3; Ord. of 7-11-1985,
§50.020(b) — (e); Ord.
No. 22.67, 10-6-2022]
There is hereby established the Osage Beach Liquor Control Board.
[Ord. No. 22.67, 10-6-2022]
A.
The duty of the Liquor Control Board shall be to determine whether applications for license comply with the provisions of this Chapter. Licenses shall only be granted to persons of good character. In determining the good character of the applicant, the Liquor Control Board shall also apply the criteria set out in Section 600.140.
B.
The Liquor Control Board shall not recommend a license for Board
of Aldermen approval without first having reviewed the recommendations
of the Police Chief. The Liquor Control Board shall not be required
to hold any hearing of any kind whatsoever in determining whether
a new license shall be granted or an old license renewed but may hold
hearings if it deems such hearings in the public interest are in the
best interest for the public.
C.
No license shall be issued without the written approval by a majority
vote of the Board of Liquor Control, and approval by the Board of
Aldermen.
D.
All applications for licenses, new and renewal, shall be referred
to the Police Chief who shall review and make recommendation on all
applications to the other members of the Liquor Control Board. The
review of the applications for license shall normally be completed
and presented to the City Collector or designee within thirty (30)
working days of the date of the application. The Liquor Control Board
shall also draw up and approve a form of application, which the City
Collector or designee shall use.
[Ord. No. 22.67, 10-6-2022]
The membership of the Osage Beach Liquor Control Board shall
consist of one (1) Alderman, the Police Chief, the Chairperson of
the Planning Commission, and the City Collector. The City Collector
shall serve as Chairperson of the Board.
[Ord. No. 22.67, 10-6-2022]
One (1) Alderman shall be appointed by the Mayor and approved
by a majority of the Board of Aldermen to serve a one (1) year term
expiring June 1. Expiring appointments will be filled in May with
term beginning June 1.
[Ord. No. 22.67, 10-6-2022]
An applicant aggrieved by a decision of the Liquor Control Board,
or any citizen maintaining a residence, place of business, or owning
property within six hundred (600) feet of the property upon which
the licensed establishment is located, may file a petition with the
Board of Aldermen within ten (10) days after the action by the Liquor
Control Board appealing said action. The Board of Aldermen shall have
the final authority and may act as it deems appropriate under law.
[R.O. 2006 §600.040; CC 1985 §3-4; Ord. of 7-11-1985,
§50.030]
A license under this Chapter which is delinquent shall not be
issued without the Collector first collecting the amount of the license
fee, as specified by this Chapter and other ordinances of the City,
and any penalty or fine due thereon.
[R.O. 2006 §600.050; CC 1985 §3-5; Ord. No. 87.17, 5-21-1987; Ord. No. 93.13 §§1 — 2, 3-18-1993; Ord. No. 23.41, 6-1-2023]
A.
It
shall be unlawful for any person maintaining, owning or operating
a commercial establishment located within the City where intoxicating
liquor is offered for sale or may be consumed on the premises to permit:
1.
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
2.
The displaying of any portion of the areola of the female breast;
3.
The actual or simulated touching, caressing, or fondling of the breast,
buttocks, anus, or genitals;
4.
The actual or simulated displaying of the pubic hair, anus, vulva,
or genitals;
5.
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus;
6.
The displaying of films, video programs, or pictures depicting acts,
the live performances of which are prohibited by this Section or by
any other law; and
7.
To suffer or permit any violation of the City of Osage Beach Code
of Ordinances.
B.
It shall be unlawful for any person, while on the premises of a commercial establishment located within the City at which intoxicating liquor is offered for sale or may be consumed on the premises, to engage in any of the actions prohibited by Subsection (A) above.
C.
Sexually oriented businesses shall not be required to comply with Subsection (A)(2) through (6) of this Section so long as they otherwise comply with Section 575.525 to Section 573.540, RSMo. As used in this Section, "sexually oriented business" shall have the same meaning as defined in Section 573.010, RSMo.
D.
As
used in this Section, "premises of the commercial establishment" shall
not include those parts of hotel lodging rooms, changing rooms, or
restrooms which are not exposed to public view.
[R.O. 2006 §215.490; Code 1975 §75.140; CC 1985
§15-148]
No person shall transport an open container of non-intoxicating
beer, malt liquor, or intoxicating liquor within a vehicle which that
person has under his/her control, or in which that person is a passenger.
