City of Osage Beach, MO Article III Intoxicating Liquor Licenses

Section 600.100 License Required.

[R.O. 2006 §600.130; CC 1985 §3-46; Ord. of 7-11-1985, §50.110]

It is unlawful for any person, either by himself/herself or through the use of agents or servants, to engage in the manufacture, brewing, sale or distribution of intoxicating liquors or non-intoxicating beer without first having taken out and obtained a license authorizing such manufacture, brewing, sale or distribution, in compliance with the terms of this Chapter.

Section 600.110 Application.

[R.O. 2006 §600.140; CC 1985 §3-47; Ord. of 7-11-1985, §50.120]

Before any license shall be issued pursuant to the provisions of this Article, the applicant therefor shall apply in writing to the City Collector, giving the location of the place of business including the specific areas inside or outside of the building to which the license is to apply, the names of all parties interested in the business to be operated under such license, except in the case of a corporation when the name of the president, secretary and manager only need be given.

Section 600.120 License Regulations.

A. Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter or law.

B. Newly-Opened Restaurant Bars Or Amusement Places.

1. Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

2. Any new amusement place having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the amusement place can show a projection of gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts are in non-alcoholic sales for the first (1st) year of operation. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

C. Temporary Permit For Sale By Drink — Certain Organizations.

[Ord. No. 14.07 §§1 — 2, 3-20-2014]

1. Issuance of permit.

a. The City Clerk may issue a permit:

(1) For the sale of intoxicating liquor and non-intoxicating beer for consumption on premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering; or

(2) Under Section 600.150(C), or Section 600.155 to any person holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises.

b. The permits issued under Subsection (C)(1)(a)(1) and (2) immediately above 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.

2. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating beer on that day beginning at 11:00 A.M.

3. At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.

4. No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at such picnic, bazaar, fair or similar gathering.

D. Operating Hours, Days.

1. No person having a license issued pursuant to this Chapter, nor any employee of such person shall sell, give away or permit the consumption of, any intoxicating liquor or non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M. Any person licensed to sell intoxicating liquor or non-intoxicating beer by the drink shall keep a closed place during the aforementioned prohibited times.

[Ord. No. 18.27, 6-7-2018]

2. When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter to the contrary.

E. General License Regulations.

1. Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.

2. A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.

3. No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Chapter, may make application and the Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the Clerk, upon being requested, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.

4. In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.

5. Renewal Application, Release or Background Check.

[Ord. No. 19.72, 11-21-2019]

a. Upon the first application for renewal of any liquor license, which application is made after January 1, 2020, the applicant shall submit either:

(1) A criminal record check dated within six (6) months preceding the date of the renewal application for each individual owner, or partner if a partnership or, if an LLC, all members of an LLC must submit such a criminal record check. If the applicant is a corporation, the following individuals must submit a criminal record check: the managing officer, each officer and director, and all shareholder(s) who own ten percent (10%) or more of the stock of the business. The record check must be issued by the Missouri Criminal Records Division of the Missouri Department of Public Safety or its successors; or

(2) A valid notarized waiver and release, in a form prepared by the Liquor Control Board, which form is acceptable to the Missouri Criminal Records Division of the Missouri Department of Public Safety, or its successors, which release authorizes the Police Chief or his designee to obtain a criminal records check and all such other information as may be available through the Missouri MULES system. The applicant shall submit a new notarized release within thirty (30) days of a request by the Chief of Police that the release on file is no longer sufficient for the purposes stated above.

b. Any holder of a liquor license shall report any change of fact in their application within ten (10) days to the Liquor Control Board and submit such new waiver and release forms as such change makes necessary.

F. 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.

Section 600.130 Sales Near Churches, Schools, Parks, Etc.

[Ord. No. 08.34 §1, 12-22-2008]

A. No license shall be issued authorizing sale of intoxicating liquor to be consumed on the premises where sold, where such premises are located within two hundred fifty (250) feet of any church, public or parochial school or within one hundred (100) feet of any public grounds or public parks, except in the following cases:

1. Where such premises are within two hundred fifty (250) feet of a public school as herein defined, the provisions of this Section may be waived by the Board of Directors of such school by proper written instrument which shall be filed with the City Clerk and passed upon by the Board of Aldermen.

2. A license may be issued authorizing sale of intoxicating liquor to be consumed on the premises where sold, where such premises are located at least one hundred (100) feet from any church or public or parochial school if the premises are used as a restaurant bar.

3. An alcohol on public property permit has been issued by the City.

Exception: When a school, church or place of worship shall hereafter be established within two hundred fifty (250) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for lack of consent in writing as herein provided.

B. For the purpose of determining such distance between such premises and churches, public or parochial schools, measurement shall be had in the most direct line from the front door of the licensed premises where such intoxicating liquor is sold to the front door of the church or school building.

C. For the purpose of determining such distance as between such premises where liquor is sold to be consumed on the premises and the public park or playgrounds, measurement shall be had from the public entrance of such park or playground in the most direct line to the front door of the building where such intoxicating liquor is sold.

D. Nothing contained in this Section is intended to affect the authority to renew licenses properly issued prior to July 11, 1985.

Section 600.140 Character Requirement.

[R.O. 2006 §600.160; CC 1985 §3-50; Ord. of 7-11-1985, §50.150]

No license authorizing the retail sale of intoxicating liquor for consumption on the premises where sold shall be issued unless the person or managing officer of a corporation applying for such license is a person of good moral character.

Section 600.150 Classification Fees. [1]

[R.O. 2006 §600.170; CC 1985 §3-51; Ord. of 7-11-1985, §50.160; Ord. No. 89.07 §1, 5-4-1989; Ord. No. 93.28 §§1 — 3, 6-3-1993; Ord. No. 03.27 §2, 9-4-2003; Ord. No. 04.17 §§1 — 2, 5-6-2004]

A. No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Osage Beach without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.

B. General Licenses. A separate license shall be taken out for each of the following classes of licenses in which a person desires to engage and said license fees shall be paid annually:

1. Manufacturing, brewing, etc. — licenses.

a. For the privilege of manufacturing and brewing in this City malt liquor containing not in excess of five percent (5%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquors containing not in excess of five percent (5%) of alcohol by weight, to, by or through a duly licensed wholesaler within this City, the sum of three hundred seventy-five dollars ($375.00).

b. For the privilege of manufacturing in this City intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight, to, by or through a duly licensed wholesaler within this City, the sum of three hundred dollars ($300.00).

c. For the privilege of manufacturing, distilling or blending intoxicating liquor of all kinds within this City and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds, to, by or through a duly licensed wholesaler within this City, the sum of six hundred seventy-five dollars ($675.00).

d. For the manufacture and sale by the manufacturer of non-intoxicating beer manufactured or brewed in the City, the sum of three hundred seventy-five dollars ($375.00).

2. Liquor solicitor.

a. For the privilege of selling to a duly licensed wholesaler and soliciting orders for the sale of malt liquor or beverage containing not in excess of five percent (5%) of alcohol by weight, to, by or through a duly licensed wholesaler within this City, the sum of seventy-five dollars ($75.00).

b. For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight, to, by or through a duly licensed wholesaler, within this City, the sum of one hundred fifty dollars ($150.00).

c. For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds, to, by or through a duly licensed wholesaler within this City, the sum of three hundred seventy-five dollars ($375.00).

3. Liquor manufacturer/solicitor — licenses.

a. For the privilege of selling intoxicating liquor 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 and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess of five percent (5%) of alcohol by weight, to, by or through a duly licensed wholesaler within this City, the sum of one hundred fifty dollars ($150.00).

b. For the privilege of selling intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight, to, by or through a duly licensed wholesaler within this City, the sum of three hundred dollars ($300.00).

c. For the privilege of selling intoxicating liquor of all kinds by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail provided however, that a license authorizing the holder to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor, to, by or through a duly licensed wholesaler shall not entitle the holder thereof to sell within the City of Osage Beach, 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 intoxicating liquors to, by or through a duly licensed wholesaler, within this City, the sum of seven hundred fifty dollars ($750.00).

d. For the privilege of selling by any distributor or wholesaler, to whom other than the manufacturer or brewer thereof, non-intoxicating beer, the sum of seventy-five dollars ($75.00).

4. Original package — licenses.

a. For the privilege of selling intoxicating liquor 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, the sum of one hundred fifty dollars ($150.00).

b. For a permit authorizing the sale of malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight by grocers and other merchants and dealers in the original package direct to consumers but not for resale, a fee of seventy-five dollars ($75.00) per year. This license may include Sunday sales from 9:00 A.M. to Midnight.

c. For the privilege of selling non-intoxicating beer in the original package direct to consumers, but not for resale, the sum of twenty-two dollars fifty cents ($22.50).

d. For the privilege of selling intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays, the sum of three hundred dollars ($300.00).

5. Liquor by the drink — licenses.

a. For the privilege of selling at retail by the drink, for consumption on the premises where sold, malt liquor or beverages containing alcohol in excess of three and two- tenths percent (3.2%) by weight, and not in excess of five percent (5%) by weight, the sum of seventy-five dollars ($75.00). This license may include Sunday sales from 9:00 A.M. to Midnight.

b. For the privilege of selling at retail by the drink, for consumption on the premises where sold, all kinds of intoxicating liquor, including the sale of intoxicating liquor in the original package, the sum of four hundred fifty dollars ($450.00).

c. For the privilege of selling non-intoxicating beer for consumption on the premises where sold, the sum of thirty-seven dollars fifty cents ($37.50).

d. For the privilege of selling malt liquor containing alcohol in excess of three and two- tenths percent (3.2%) 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, or light wines containing not in excess of fourteen percent (14%) of alcohol by weight exclusively from grapes, berries and other fruits and vegetables, or both such malt liquor and wine to be sold by the drink at retail for consumption on the premises where sold, the sum of seventy-five dollars ($75.00).

e. (Reserved)[2]

[2] Editor's Note: Former Section 600.150(B)(5)(e), regarding selling of intoxicating liquor by the drink on Sundays in "restaurant-bars," was repealed 6-7-2018 by Ord. No. 18.27.

C. Miscellaneous Licenses/Permits.

1. Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.120(C) may apply for a special permit to sell intoxicating liquor for consumption on premises where sold. The fee for said temporary permit for sale by the drink to be limited to a maximum of seven (7) days, shall be thirty-seven dollars fifty cents ($37.50).

2. Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (A)(4)(a) and (d) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption. The fee for said tasting permit shall be thirty-seven dollars fifty cents ($37.50).

3. Caterers. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.155 below may apply for a caterer's license for a fee of fifteen dollars ($15.00) per each calendar day, with the limitations as set out in Section 600.155 herein.

D. In case any license issued under the provisions of this Chapter is revoked, surrendered or forfeited by the licensee, not used or used only for a 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.

E. The license fees referred to in Subsection (A) shall be paid on an annual basis, with such annual fee being due on July first (1st) of each year.

F. The aforementioned license fee shall be prorated on a quarterly basis when any new applicant for any liquor license shall pay such fee at any time other than July first (1st) of the current calendar year. This Section does not apply to renewals of liquor licenses issued prior to passage of Ordinance No. 89.07.

[1] Cross Reference — Occupational license taxes, §605.010 et seq.

Section 600.155 Temporary Location For Liquor By The Drink, Caterers — Permit — Fee Required.

A. The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.150(C)(3) above, or fraction thereof, for which the permit is issued.

B. Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.

C. Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages, in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.

D. To assure and control product quality, wholesalers may, but shall not be required to, give a retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%) by weight or non-intoxicating beer delivered and invoiced under the catering permit number, but not used, if the wholesaler removes the product within seventy-two (72) hours of the expiration of the catering permit issued pursuant to this Section.

Section 600.160 Term — Renewals.

[R.O. 2006 §600.190; CC 1985 §3-53; Ord. of 7-11-1985, §50.170]

A license to engage in the manufacture, brewing, sale or distribution of intoxicating liquors shall be issued for a period of one (1) year from July first (1st) of each year. All renewals of licenses shall be made on May first (1st) of each year. Before the Liquor Control Board recommends renewal of a liquor license, the Board shall determine if the applicant has complied with the laws of the City pertaining to liquor establishments. If the Board determines that the applicant has failed to comply with the laws of the City, the Board shall recommend the license not be issued.

Section 600.165 Penalty For Delinquent Liquor License Renewals.

[Ord. No. 13.13 §1, 3-8-2013]

In case of failure to submit the completed renewal application required under Section 600.160 on or before the first (1st) day of May, there shall be added to the amount of the renewal fee, a late charge of one hundred dollars ($100.00) from the second (2nd) day of May to the last day of May; a late charge of two hundred dollars ($200.00) if the renewal application is submitted on the first (1st) day of June to the last day of June; or a late charge of three hundred dollars ($300.00) if the renewal application is submitted after the last day of June. For good cause shown, the City Administrator may waive the penalty imposed in this Section.

Section 600.170 Forms and Contents.

[R.O. 2006 §600.200; CC 1985 §3-54; Ord. of 7-11-1985, §50.180]

A. All licenses shall be issued upon the proper forms. Each license shall state specifically whether the license is for a distiller, brewer, wholesaler or distributor, and in the case of a retailer's license, shall state the alcoholic content of the intoxicating liquor to be sold under such license and whether such license is issued authorizing the sale of intoxicating liquor or consumption on the premises or authorizing the sale only in the original package, not for consumption on the premises, or whether such license issued is for both the sale in the original package and for consumption on the premises where sold.

B. All licenses authorizing the sale of intoxicating beverages for consumption on the premises shall specify whether the authority extends to the building, parking lots or other adjacent premises.

Section 600.180 Transfer — Separate License For Each Place of Business Requiring State License.

[R.O. 2006 §600.220; CC 1985 §3-56; Ord. of 7-11-1985, §50.200(a)]

A. 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 law may make application and the Supervisor of Liquor Control 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, nor shall such license be used at any place except on the premises for which such license is issued. A proper license shall be procured for each place of business for which a State license is required. However, an application for the transfer from one location to another location by the original licensee shall be processed in the same manner as an application for a new license and shall be accomplished by a transfer fee of fifty dollars ($50.00).

B. Whenever one (1) or more members of a partnership withdraws from the partnership the Supervisor of Liquor Control, 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.

Section 600.190 Suspension or Revocation Generally.

[R.O. 2006 §600.230; CC 1985 §3-57; Ord. of 7-11-1985, §50.210; Ord. No. 93.13 §2, 3-18-1993; Ord. No. 13.13 §2, 3-8-2013]

A. The Liquor Control Board may, in addition to other penalties provided by ordinance, recommend to the Board of Aldermen suspension or revoking of a license issued pursuant to this Article if the licensee or his/her employees or agents shall have been shown to be guilty of, to have violated, or to be involved in, any of the following:

1. An offense resulting in a conviction involving the use of force or violence upon the person or another in the operation of the business of licensee;

2. A conviction of a crime involving a felony by licensee of any of the officers or the managing officer of licensee;

3. Any false, misleading or fraudulent statement of fact in the license application for the licenses or in any other document required by the City in conjunction therewith;

4. Violation of any of the provisions of this Article or any of the laws of this City;

5. Violation of the laws of the State, the United States of America, or any rule or regulation pertaining to the sale and licensing of intoxicating liquors;

6. Operation of the business in such a manner that it constitutes a nuisance to the neighborhood;

7. Conduct by the officers, employees, or managing officers of the licensee such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises or other conduct which shows improper conduct by an individual who is licensed pursuant to this Article. For purposes of this Section, the term "premises" shall include the licensed premises, the parking lots and the area around the business which is owned, used, maintained as part of the business;

8. Lack of proper control of customers. The licensee shall use good judgment in the sale of intoxicating beverages and shall not sell same to persons obviously intoxicated. If any customer becomes unruly or abusive, it shall be the duty of the licensee to call and fully cooperate with Police, or other law enforcement authority. The licensee shall take appropriate and necessary steps to supervise the premises immediately outside the liquor establishment, shall keep said premises free from litter, and shall not allow the premises to become a gathering location for the liquor establishment's customers;

9. The operation or possession of any gambling device in or about the premises where intoxicating liquor is sold, either in the original package or for consumption on the premises where sold; or

10. Any violation of Chapter 210 of the City of Osage Beach Code of Ordinances.

B. The Liquor Control Board shall notify the licensee in writing of any intended action and the reasons therefor.

C. Prior to the imposition of any discipline, the licensee shall be given a notice of the date, time and place of a public hearing, setting forth the grounds upon which such license is sought to be revoked, and commanding the licensee to appear and show cause why such license should not be revoked. Such notice shall be served upon the licensee, or upon an officer of the licensee if a corporation, or upon any employee of the licensee at the time of service in charge of the place of the licensed business. The licensee shall have the right to counsel and to produce witnesses in his/her own behalf at such hearing. No license shall be revoked or suspended except upon therefore by a majority of the members elected to the Board of Aldermen, the Mayor having no vote except in case of a three (3) to three (3) tie vote by the members elected to the Board of Aldermen.

Section 600.200 Effect of Revocation On Reissuance.

[R.O. 2006 §600.240; CC 1985 §3-58; Ord. of 7-11-1985, §50.220]

Whenever the City has revoked a license under this Article it shall be necessary, before any license is issued to operate a liquor establishment at the same location, that the procedures for issuance of an original license shall be followed.

Section 600.210 Miscellaneous Offenses.

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. Any retailer licensed pursuant to this Chapter shall not:

1. Sell intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or

2. Repackage intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

C. Mixing Liquor With Drugs Prohibited. No licensee, or any other person, shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.

D. Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the provisions of the Liquor Control Law of Missouri, and any such person upon conviction shall have his/her license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.

E. Only Those Liquors Authorized By License To Be Kept On Premises.

1. It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.

2. Any retailer licensed pursuant to this Chapter shall not:

a. Sell intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or

b. Repackage intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor 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.

G. 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. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.

Section 600.220 Warning Sign Displayed — Liquor Licenses.

A. Any person who is licensed to sell or serve alcoholic beverages at any establishment shall place on the premises of such establishment a warning sign as described in this Section. Such sign shall be at least eleven (11) inches by fourteen (14) inches and shall read "WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects". The licensee shall display such sign in a conspicuous place on the licensed premises.

B. Any employee of the Supervisor of Alcohol and Tobacco Control may report a violation of this Section to the Supervisor, and the Supervisor shall issue a warning to the licensee of the violation.