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,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out intoxicating liquor 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. Any licensee who
employs any person under the age of twenty-one (21) years, as authorized
by this Subsection, shall, when at least fifty percent (50%) of the
licensee's gross sales does not consist of non-alcoholic sales, have
an employee twenty-one (21) years of age or older on the licensed
premises during all hours of operation.
3.
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor 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.
1.
No licensee, his/her employee, or any other person shall procure
for, sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, except that this Section shall not apply to the parent
or guardian of the minor nor to the supplying of intoxicating liquor
to a person under the age of twenty-one (21) years for medical purposes
only or to the administering of such intoxicating liquor to such person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2.
Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c.
To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document, containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor, Non-Intoxicating Beer.
1.
Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor or non-intoxicating beer as defined in Section 600.010 or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood is in violation of this Section.
2.
The provisions of this Subsection shall not apply to a student who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a student
in a culinary course;
c.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
d.
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection, may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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E.
For
purposes of prosecution under this Section, a manufacturer-sealed
container describing that there is intoxicating liquor or non-intoxicating
beer therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor or non-intoxicating beer
in such container. The alleged violator may allege that there was
no intoxicating liquor or non-intoxicating beer in such container,
but the burden of proof of such allegation is on such person, as it
shall be presumed that such a sealed container describing that there
is intoxicating liquor or any non-intoxicating beer therein contains
intoxicating liquor or non-intoxicating beer.
[R.O. 2006 §600.080; CC 1985 §3-28; Ord. of 7-11-1985,
§50.060; Ord. No. 89.13, 6-15-1989; Ord. No. 00.23 §1, 7-20-2000; Ord. No. 08.13 §1, 5-15-2008]
A.
It shall be unlawful for any person to sell, serve, dispense, possess or consume intoxicating liquors upon any public street, sidewalk, alley, park, building or place except for, where dispensing, possession or consumption is permitted under Section 600.085.
B.
If
the above-licensed premise is within fifty (50) feet of a roadway
or another business, the outdoor consumption area shall be screened
from said vantage points by vegetative or man-made screening a minimum
of four (4) feet in height. The screening is to be situated so that
it obscures the overall vision from any one (1) public vantage point
by a factor of fifty percent (50%).
[Ord. No. 14.67 §1, 1-8-2015; Ord.
No. 17.28 § 1, 4-6-2017]
A.
Definition Of A Festival. Any festival, concert, exhibition, or show
that requires street closure or if the sale of and consumption of
alcoholic beverages will be present at the event.
B.
Permit.
1.
The Police Chief and the City Administrator may issue a temporary
outdoor consumption permit as set out in this Section, for any designated
Festival District, or any portion of a Festival District as the applicant
may request, such area being referred to herein as the "permit area."
2.
The Police Chief and the City Administrator may require such
applicant to meet certain conditions for the permit, including but
not limited to provisions for sufficient Law Enforcement personnel,
on-site ambulance services, portable sanitation facilities, trash
facilities and trash cleanup.
3.
All expenses for Law Enforcement personnel used as security for the event, on-site ambulance services and additional portable sanitation and trash facilities required by the permit shall be paid by the applicant. The Police Chief and the City Administrator may require a deposit to cover those expenses in addition to the fee set forth in Subsection (G).
4.
All applications under this Section shall be made ninety (90)
days in advance of the date of the proposed event although the Police
Chief and the City Administrator shall have the authority to waive
this requirement when they both agree.
C.
Designated Festival Districts. The following areas have been designated
as Festival Districts:
1.
Osage Beach Festival District - is any section of Osage Beach
Parkway owned by the City beginning at the eastern City limits and
extending to the western City limits, including all business and properties
that present their physical front of the building as facing the street
or have a mailing address on Osage Beach Parkway.
2.
Such other commercial zoned property as may be approved by the
Police Chief and the City Administrator under any conditions as required
by the Police Chief and the City Administrator.
D.
Within the permit area and during the times of the permit:
1.
Section 220.020 relating to noise may be temporarily modified or suspended by the Police Chief and the City Administrator as part of this permit.
2.
The granting of the permit may authorize the full or partial
closing of the streets within the permit area; and
a.
The applicant is authorized to prohibit the sale of food or
beverages on the public streets except those allowed by the applicant;
and
b.
The applicant may prohibit any commercial activity, including
distribution of commercial advertisements, on the public street except
those allowed by the applicant; and
c.
The applicant may prohibit bringing animals, except recognized
service animals, into the permit area; and
d.
The applicant may remove from the permit area any person or
persons who are disrupting the activities of the applicant. The term
"disrupting" shall include, but is not limited to, loud noise, obstructing
the view of others, obstructing the flow of pedestrian traffic, or
interfering with the applicant's staff or volunteers; provided, however,
the term shall not be construed to allow the applicant to prohibit
distribution of petitions, pamphlets, or speech which is not disruptive.
3.
No person shall possess alcohol within the permit area except
beer or wine in a container issued by the applicant or his or her
designee(s) (hereinafter "event cup"). The event cup shall be plastic,
conspicuous, and unique to the event. Additionally no person shall
possess alcohol within the permit area outside a licensed establishment
without a wristband designated for the event obtained from the event
sponsor.
4.
Any establishment which has been granted permission by the permit
holder, is listed on the Application for Special Event, Parade, or
Festival Permit (Exhibit A) and which is properly licensed to sell
liquor by the drink shall be considered a participating establishment
and pursuant to the permit may sell and serve beer or wine in an event
cup.
5.
Any purchaser over the age of twenty-one (21) with an event cup may consume beer or wine on any public street or sidewalk within the permit area. All persons purchasing any beverage in an event cup must be twenty-one (21) years of age or over, and the establishment shall place a wristband as designated for the event on the person's wrist to indicate that they are twenty-one (21) years of age or over. Alternatively, wristbands may be placed on such persons at a central specified location within the permit area. The wristband must remain on the person's wrist at all times when consuming alcohol on the streets or sidewalks within the permit area. Persons with a proper wristband and drinking from an event cup and who are within the permit area, shall not be considered to be carrying an open container under the City of Osage Beach Municipal Code Section 600.070.
6.
Persons violating this Section 600.075, or the terms of any permit issued hereunder, shall be guilty of an ordinance violation and/or may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period.
7.
The event wristband and event cup shall be conspicuous and unique
to the event designating the event by name and shall be supplied by
the applicant and must be approved by the Police Chief and the City
Administrator before the event. A sample cup and sample wrist band
shall be provided to the Police Chief for approval, at least fourteen
(14) business days prior to start of event. If a sample cup is not
available, a rendering or sketch of the event cup must be turned in
to the Police Chief.
8.
All other provisions of the City ordinance, not specifically
suspended or modified here, shall remain in full force and effect.
E.
The application must:
1.
Be signed by the applicant who must be an individual who shall
be personally liable for any violation of the permit or this Section.
2.
Be on a form provided by the City and specify the nature of
the event, the dates, times, and location of the event, and the schedule
for the event.
3.
The street closure notification form, which is part of the application,
must be signed by the property owners within the designated event
area as either approved by them or as presented without their endorsement.
F.
Rules Applicable To Permit Areas. During the period that the permit
is in effect:
1.
No glass containers of any kind shall be allowed within the
permit area during its period of operation.
2.
All event cups and wristbands shall be obtained only through
the event sponsors and participating businesses after verification
of the individual's legal age.
3.
No alcoholic beverages in open containers of any kind, other
than event cups, shall be allowed within the permit area during the
event.
4.
All temporary vendors shall hold or obtain a City business license
and a sales tax license from the State of Missouri listing their business
in the City of Osage Beach for the festival period.
5.
The permit holder shall clearly mark the boundaries of the event
permit area, in a manner acceptable to the Police Chief and the City
Administrator or his or her designee, clearly indicating where open
containers are and are not allowed.
6.
The permit holder shall be responsible for cleaning up trash
after the event and restoring streets and sidewalks to pre-event condition.
G.
The Police Chief and the City Administrator may not authorize any
permits for events to occur:
H.
The applicant shall pay to the City Clerk a fee for the Application
for Special Event, Parade, or Festival Permit, in the amount of two
hundred fifty dollars ($250.00).
I.
Consistent with public safety the Police Chief, and officers under
his or her command, shall have the authority to allow persons not
participating in the festival access through the festival area either
on foot or in their vehicles, to any business, residence or public
street.
J.
The application shall be made in a form substantially similar to
the attached Exhibit A, and the Police Chief and the City Administrator
shall have the authority to amend the said from as they deem necessary.
K.
The applicant shall file with the City at the time of application,
proof of general liability insurance insuring the event. The City
shall be listed as additionally insured with a thirty (30) day notice
of cancellation (if applicable) on such policy. The policy shall be
in an amount determined by the Police Chief and/or the City Administrator
as sufficient to protect the City's assets and liability, but in no
event less than one million dollars ($1,000,000.00) or greater than
two million dollars ($2,000,000.00). If the Police Chief and/or the
City Administrator determine that two million dollars ($2,000,000.00)
is insufficient to protect the City's assets and liability, the matter
shall be referred to the Board of Aldermen at its next meeting.
[R.O. 2006 §600.090; CC 1985 §3-29; Ord. of 7-11-1985,
§50.070]
No intoxicating liquor shall be drunk, consumed or publicly
exhibited in a public dining room, lunchroom, soda fountain or any
place where meals or lunches and soft drinks are served, where the
owner or manager exhibits in the premises signs or placards to the
effect that intoxicating liquor may not be drunk in or about the premises.
Such signs or placards shall be of sufficient size and in sufficient
number to be easily discernible to the general public.
[Ord. No. 08.13 §2, 5-15-2008; Ord. No. 17.29 § 1, 4-6-2017]
A.
Applications for permits to sell beer and/or wine or to serve, dispense, possess or consume all intoxicating liquors in or upon any building or other property owned or occupied by the City, other than a City street, must be filed with the City Administrator's office no later than thirty (30) days prior to the event. Applicant must comply with Section 600.075, Temporary Outdoor Consumption of Alcohol at Festivals when the sale and consumption of alcoholic beverages will be present on City streets during a festival or event.
1.
Required. Approval from the City Administrator, or his/her designee,
is required before beer and/or wine can be sold, or any intoxicating
liquors can be served, dispensed, possessed or consumed in or upon
any building or other property owned or occupied by the City. Intoxicating
liquors, other than beer or wine, shall not be sold except for where
a liquor license has been issued for such licensed premises.
2.
Application. A person seeking permit shall file an "Alcohol
on Public Property Application For Permit" with the City Administrator,
or his/her designee, and pay a permit fee of fifty dollars ($50.00).
3.
Standards Of Issuance. A permit shall be granted when:
a.
Alcohol on public property application for permit has been completed
fully and signed. A signed application acknowledges agreement to the
terms of the application. (Appendix A is on file in the office of
the City Clerk.)
b.
The proposed activity will not unreasonably interfere with or
detract from the general public enjoyment at the activity location.
c.
The proposed activity will not be a detriment to the public
safety, health, morals, order or welfare by reason of the nature of
the event.
d.
The proposed activity will not interfere or compete with the
City's concession contract(s) specific to areas contracted for concessions,
the ball fields at Peanick Park and the Osage Beach City Park. A waiver
by the concessionaire shall be obtained if the activity/event interferes
with the contracted concession dates and times.
e.
The location desired has not been reserved for other use at
the date and time specified on the application.
f.
The applicant meets all requirements established by the City
Administrator, or his/her designee, with this Code.
4.
Authorization. Once an authorized permit has been issued, the
applicant shall be bound by the permit agreement, all location rules
and regulations and all applicable ordinances set by the City of Osage
Beach.
5.
Revocation. The City Administrator or the Police Chief, or his/her
designee, shall have the authority to revoke an application upon any
finding of violation of any rule, ordinance or upon good cause shown.
6.
Appeal. If an application is rejected, the City Administrator,
or his/her designee, shall apprise the applicant, in writing, of the
reasons for refusing the application. Any applicant shall have the
right to appeal the decision to the Board of Aldermen at the next
available Board of Aldermen meeting. The decision of the Board of
Aldermen shall be final.
[R.O. 2006 §600.100; CC 1985 §3-30; Ord. of 7-11-1985,
§50.080]
It shall be unlawful for the holder of any license authorized
by this Chapter, for the sale of any intoxicating liquor at retail
by the drink for consumption on the premises where sold, to keep or
secrete, or to allow any other person to keep or secrete 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 license,
or any kind of liquor used exclusively as an ingredient in any foods
being prepared and sold on the premises.
