Editor's Note—Ord. no. 03-219, adopted December 31, 2003,
amended this chapter by addition of sections 600.020—600.345.
However, this ordinance left gaps in the numbering, consequently this
chapter is not in sequentially numbered order.
[Ord. No. 94-88 §1, 6-14-1994; Ord. No. 96-58 §§1—2, 5-29-1996; Ord. No. 99-47 §1, 4-28-1999; Ord. No. 02-073 §§1—3, 5-29-2002; Ord. No. 04-115 §1, 7-28-2004; Ord. No. 12-029 §1, 3-30-2012; Ord. No. 13-001 §1, 1-3-2013; Ord. No. 13-050 §1, 6-28-2013]
A. The
fees authorized in Chapter 311, Section 220 to be charged by Counties
for liquor licenses, such fees arising from the authority set forth
in Sections 311.085, 311.087, 311.090, 311.091, 311.095, 311.096,
311.097, 311.098, 311.099, 311.178, 311.180, 311.181, 311.190, 311.191,
311.195, 311.200, 311.218, 311.293, 311.294, 311.298, 311.480, 311.482,
311.485, 311.486, 311.550, 311.554 of the Revised Statutes of Missouri
are hereby adopted at the maximum fee authorized by Statute and the
amount of such fee shall change to reflect the maximum authorization
should the maximum fee set by Statute be altered by the Missouri legislature.
B. Before
any permit or license is issued or renewed under the provisions of
this Section, the County Registrar shall require a paid receipt or
waiver issued by the Collector of Revenue showing that the business
making application for the permit has paid its personal property taxes
due and owing in St. Charles County.
C. Such
collection of fees and the granting of licenses and/or permits shall
be the responsibility of the County Registrar.
[Ord. No. 03-219 §1, 12-31-2003]
Sections
600.030 through
600.345 of this Chapter shall apply in that portion of St. Charles County located outside of the incorporated cities, towns and villages. Sections
600.030 and
600.110 shall be in effect in all incorporated cities, towns and villages within the corporate limits of St. Charles County where liquor by the drink at retail for consumption on the premises where sold is permitted at law.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-115 §2, 7-28-2004]
Unless the context otherwise requires, the following terms as
used in this Code shall be construed according to the definitions
given below:
BEER
Malt liquor containing 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 yeast and pure water.
INTOXICATING LIQUOR
Includes any spirits, wine, ale, malt or other liquor, or
combination of liquor a part of which is spirituous, vinous, malt
or fermented, and all preparations for beverage purposes, containing
in excess of three and two-tenths percent (3.2%) of alcohol by weight.
LIGHT WINE
Wine containing not in excess of fourteen percent (14%) of
alcohol by weight exclusively from grapes, berries and other fruits
and vegetables.
ORIGINAL PACKAGE
Includes any package containing three (3) or more standard
bottles of malt liquor or non-intoxicating beer or fifty (50) milliliters
or more of spirituous or vinous liquors in the manufacturer's original
container. A standard bottle is any bottle or can containing sixteen
(16) ounces or less of malt liquor or non-intoxicating beer.
PERSON
Includes all individuals, firms, partnerships, associations,
corporations, clubs, joint ventures and their trustees or receivers
appointed by any court of competent jurisdiction.
PREMISES
Includes the place or places within a specified structure
where intoxicating liquor is sold and consumed; provided however,
that said premises and the place or places where intoxicating liquor
is sold and consumed shall, at the time of application for any license
hereunder, be fully described in such application; the place or places
described in the application need not be adjoining and contiguous
rooms or areas.
REGISTRAR
The Registrar for St. Charles County, Missouri.
SALE BY DRINK
The sale of intoxicating liquor by the drink at retail for
consumption on the premises where sold where at least fifty percent
(50%) of the gross income of the premises is not derived from the
sale of prepared meals or food consumed on the premises. The 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 as hereinafter provided and, when so made, the container
in every instance shall be emptied and the contents thereof served
as other intoxicating liquors sold by the drinks are served.
[Ord. No. 06-085 §1, 6-27-2006]
If the sale of liquor is subject to licensure under this Chapter,
it shall be unlawful for any person, firm, partnership or corporation
to sell or expose for sale liquor without a license authorized by
this Chapter.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-085 §1, 6-15-2004; Ord. No. 15-033 §1, 3-30-2015]
A. Applications
for license either to sell intoxicating liquor by the drink or to
sell beer and light wine by the drink and in the original package
shall be filed with the County Registrar on forms furnished by the
County Registrar. Such applications are available through the County
Registrar. Each application shall be signed by the applicant. If the
applicant is a joint venture, partnership or group other than a corporation,
the application shall be made by all individuals who are members of
such joint venture, partnership or group. If the applicant is a corporation,
the application shall be made by a managing officer of the corporation.
A corporate applicant shall state the names and addresses of its registered
agents, officers and registrars; the number of shares in the corporation
owned by each and the percentage those shares bear to the total outstanding
shares of the corporation; the names and addresses of the ten (10)
principal stockholders of the corporation; and the names and addresses
of each stockholder owning one percent (1%) or more of the total outstanding
shares of the corporation. The signature of the applicant shall constitute
an agreement that the applicant will assume responsibility for compliance
with the provisions of this Code and the laws of the State of Missouri
regulating the sale of intoxicating liquor by the drink and the sale
of beer and light wine by the drink and in the original package. Applications
for Sunday licenses to sell intoxicating liquor at retail by the drink
or to sell beer and light wine by the drink and in the original package,
in addition to the above-mentioned requirements, must show that the
premises for which the license is desired satisfy the requirements
for such a license and that the applicant already possesses a license
to sell intoxicating liquor by the drink or to sell beer and light
wine by the drink and in the original package.
B. If, during the term for which a license is issued, there is a change of managing officer of a corporate licensee, a new application shall be filed with the County Registrar and shall be accompanied by a filing fee of thirty dollars ($30.00), unless otherwise provided in Section
600.085. The County Registrar shall take no action on said application unless the filing fee has been paid.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-085 §2, 6-15-2004; Ord. No. 06-085 §2, 6-27-2006; Ord. No. 13-001 §2, 1-3-2013; Ord. No. 13-050 §2, 6-28-2013]
A. Unless otherwise provided in Section
600.085, each application for a license either to sell intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package shall be accompanied by a filing fee of thirty dollars ($30.00), payable to the County through the office of the County Registrar and shall contain the following information or other information as required by Section
600.070:
1. The exact location and description of the premises to be covered
by the license;
2. The kind of business which the applicant proposes to conduct on such
premises in addition to the sale of intoxicating liquor and the hours
which the applicant plans to keep his place open for such other business;
3. Whether or not the applicant has ever been convicted of any felony
of or any other Federal law, law of the State of Missouri or any other
State or City or County ordinances involving moral turpitude or public
indecency including, but not limited to, a violation of Section 210.160,
OSCCMo., or any violation of law regulating control or prohibiting
the sale of intoxicating liquor; and
4. If located within the boundaries of a municipality, evidence that
sale of intoxicating liquor by the drink at retail for consumption
upon the premises where sold is permitted by law within that municipality.
B. The
County Registrar is authorized to require such additional information
necessary to carry out the intent and purposes of this Chapter.
[Ord. No. 15-033 §2, 3-30-2015]
C. The
County Registrar shall take no action on an application unless the
filing fee has been paid.
[Ord. No. 15-033 §2, 3-30-2015]
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-085 §3, 6-15-2004; Ord. No. 15-033 §3, 3-30-2015]
A. Any
person who possesses the qualifications required by this Chapter and
who now or hereafter meets the requirements of this Chapter may apply
for, and the County Registrar may issue, either a license to sell
intoxicating liquor on Sunday by the drink for consumption on the
premises or a license to sell beer and light wine by the drink and
in the original package as authorized in this Chapter.
B. There shall be a separate application for a Sunday license either to sell intoxicating liquor at retail by the drink or to sell beer and light wine by the drink and in the original package. Each application for a Sunday license filed with the County Registrar shall be accompanied by a filing fee of seven dollars fifty cents ($7.50), unless otherwise provided in Section
600.085. The County Registrar shall take no action on an application unless the filing fee has been paid.
[Ord. No. 04-085 §4, 6-15-2004]
An organization that is incorporated or authorized to do business in the State of Missouri as a public benefit corporation pursuant to Chapter 355, RSMo., or recognized by the United States Internal Revenue Service as an entity exempt from Federal tax pursuant to Section 501 of the Internal Revenue Code, shall not be obliged to pay the filing fees required by Sections
600.070(B),
600.080(A) and
600.082(B).
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 15-033 §4, 3-30-2015]
The County Registrar shall direct the submission of all information
required by or pursuant to this Chapter to investigate all applications
for sale of intoxicating liquor by the drink, all applications for
license to sell beer and light wine by the drink and in the original
package, and all applications for Sunday license to sell intoxicating
liquor at retail by the drink, and the applicant shall provide to
the County Registrar all such information. Failure to provide such
information to the County Registrar is grounds for refusal of such
application.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 15-033 §5, 3-30-2015]
A. Each
application for the sale of intoxicating liquor by the drink or to
sell beer and light wine by the drink and in the original package
and each application for a Sunday license to sell intoxicating liquor
at retail by the drink shall be approved or disapproved by the County
Registrar. No person has a natural or inherent right or privilege
to engage in the sale of liquor by the drink and the approval or disapproval
of each application shall be within the sole discretion of the County
Council.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 06-085 §3, 6-27-2006]
A. The
Registrar shall issue a license to the applicant when the following
requirements have been met:
1. Determination by the County Registrar that the license application
meets all requirements of this Chapter if the business is located
within unincorporated St. Charles County or approval by the appropriate
municipality if located within the boundaries of a municipality located
in St. Charles County;
[Ord. No. 15-033 §6, 3-30-2015]
2. Issuance of a license from the State of Missouri for the State's
next license year;
3. Payment of a license fee in the amount set forth in Section
600.290 of the Ordinances of St. Charles County or, for businesses located in an incorporated area, as set forth in Section
600.020.
B. Each
license issued under the provisions of this Code shall particularly
describe the premises at which intoxicating liquor by the drink may
be sold and shall not be deemed to authorize or permit the sale of
intoxicating liquor by the drink at any place other than that described
therein.
C. Whenever a license is issued by the Registrar pursuant to Section
600.110(A) and said license covers premises which describe two (2) or more places where intoxicating liquors are to be sold and consumed which places are composed of non-adjoining or non-contiguous rooms or areas, the annual license fee set forth in Section
600.110(A) shall be paid for each such non-adjoining or non-contiguous place specified in the license.
D. The
license year shall run from August first (1st) to July thirty-first
(31st). All annual license fees payable hereunder shall be due and
payable on or before August first (1st) annually, provided that applicants
who shall apply for licenses to commence business and shall commence
business before August first (1st) shall pay for such license one-twelfth
(1/12) of the annual fee for every month or part thereof from the
date of issuance to the beginning of the ensuing license year.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 06-085 §4, 6-27-2006; Ord. No. 13-001 §3, 1-3-2013; Ord. No. 13-050 §3, 6-28-2013]
A. No
license shall be issued to:
1. A person or managing officer who:
a. Is not a resident of the State; or
b. Has been convicted of a felony; or
c. Represents a person, company, partnership, corporation or other legal
entity which is delinquent in the payment of its taxes; or
d. Does not meet or represents an entity which does not meet the requirements
of Section 311.060, RSMo.; or
e. Whose license under this Code has been revoked for cause; or
f. Who at the time of application for renewal of any license hereunder
would not be eligible for such license upon a first (1st) application.
2. A person who has been convicted of a violation of any felony of or
any Federal or State law concerning the manufacture, possession or
sale of alcoholic liquor, or of any of the provisions of this Code,
or any offense involving moral turpitude or public indecency, including,
but not limited to, a violation of Section 210.160, OSCCMo., or who
shall have forfeited his bond to appear in court to answer charges
of any such violation.
3. A person for sale of intoxicating liquor by the drink or for the
sale of beer and light wine by the drink and in the original package
on the premises where such activity is not permitted by the St. Charles
County Zoning Ordinances, as amended, nor shall any license be issued
for premises which would be detrimental or incompatible with the character and welfare of the surrounding neighborhood.
[Ord. No. 03-219 §1, 12-31-2003]
A. No
license shall be granted for the sale of intoxicating liquor to any
applicant who proposes to operate such place of business within a
distance of three hundred (300) feet of any church, synagogue or school
building, exclusive of the ground surrounding same, or of any public
park or playground.
B. The
provisions of this Section shall not apply:
1. To a license to be issued for the premises of a church, synagogue,
public park or playground with the consent of the owner thereof; or
2. When a church, synagogue or school building is established within
the prohibited distance from any place of business licensed to sell
intoxicating liquor.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 15-033 §7, 3-30-2015]
Any person a licensed to sell intoxicating liquor by the drink
or to sell beer and light wine by the drink and in the original package
under the provisions of this Code may, upon application to the County
Registrar, be authorized to change the location of his place of business
during the term of such license; provided that the proposed new location
complies with all the conditions prescribed in this Code relating
to the location where intoxicating liquor by the drink or beer and
light wine by the drink and in the original package may be sold and
the new location has been approved by the County Registrar.
[Ord. No. 03-219 §1, 12-31-2003]
No person holding a license to sell intoxicating liquor by the
drink at retail or to sell beer and light wine by the drink and in
the original package shall suffer or permit any child under the age
of sixteen (16) years to be employed or work in or in connection with
any entertainment or cabaret conducted in any place where intoxicating
liquor is sold by the drink at retail.
[Ord. No. 03-219 §1, 12-31-2003]
No person holding a license to sell intoxicating liquor by the
drink at retail or to sell beer and light wine by the drink and in
the original package shall cause or permit any individual who has
been convicted of a felony or misdemeanor involving moral turpitude
to be employed on the licensed premises.
[Ord. No. 03-219 §1, 12-31-2003]
No person holding a license to sell intoxicating liquor by the
drink at retail or to sell beer and light wine by the drink and in
the original package shall allow or permit acts to be performed in
such establishment in violation of Section 210.160, OSCCMo. Conviction
of a violation of Section 210.160, OSCCMo., which occurred on the
permitted premises shall be cause for suspension or revocation of
the license.
[Ord. No. 03-219 §1, 12-31-2003]
A. The
following annual fees for intoxicating liquor by the drink licenses
for St. Charles County are hereby imposed as follows:
1. 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 and/or light wines containing not in
excess of fourteen percent (14%) of alcohol by weight sold by the
drink at retail for consumption on the premises in the unincorporated
areas of St. Charles County—thirty-five dollars ($35.00).
2. Authorizing the sale of all types of intoxicating liquors at retail
by the drink to be consumed upon the premises in the unincorporated
areas of St. Charles County—three hundred dollars ($300.00).
3. Authorizing the sale of all types of intoxicating liquors at retail
by the drink to be consumed upon the premises in the unincorporated
areas of St. Charles County on Sunday—two hundred dollars ($200.00).
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 06-085 §5, 6-27-2006]
A. The
County Council may suspend for a period up to ninety (90) days or
revoke a license heretofore issued if it finds one (1) or more of
the following:
1. Intentional misstatement or misleading statements of fact in the
application not discovered until after the issuance of said license;
2. A person holding a license to sell intoxicating liquor by the drink
at retail or to sell beer and light wine by the drink and in the original
package shall have been convicted of a felony or a violation of any
Statute, law or ordinance involving moral turpitude or public indecency,
including, but not limited to, a violation of Section 210.160, OSCCMo.,
or any violation of law regulating control or prohibiting the sale
of intoxicating liquor; and
3. Violation of the provisions of this Chapter.
[Ord. No. 03-219 §1, 12-31-2003]
A. In
the case of a suspension, if the County Council should find the conduct
of such party or parties, subsequent to the start of the suspension
but prior to the completion of the period of suspension, to be such
as to indicate the fitness to continue to hold the license, the County
Council may terminate the suspension.
B. In
the case of a revocation, if the County Council should find the conduct
of such party or parties, subsequent to the start of the revocation,
to be such as to indicate the fitness of the licensee to hold a license
to sell intoxicating liquor by the drink at retail or to sell beer
and light wine by the drink and in the original package, the County
Council may issue a license to the party or parties subject to the
revocation after the party or parties have applied anew for a liquor
by the drink license.
[Ord. No. 03-219 §1, 12-31-2003]
In the event that the County Council revokes said license, the
County licensee shall be entitled to a hearing before the County Council
upon notice duly given at least ten (10) business days prior to the
date of such hearing. The decision of the County Council and the reasons
therefore shall be sent by certified mail or hand delivered to the
County licensee.
[Ord. No. 04-046 §1, 3-31-2004]
A. Licenses For Charitable And Other Organizations ("Picnic Licenses"). Notwithstanding any other provision of this Chapter, the Registrar
may issue a license authorizing the sale of intoxicating liquor and
non-intoxicating beer for consumption on the premises where sold to
any church, school, civic, service, fraternal, veteran, political
or charitable club or organization for the sale of such intoxicating
liquor and non-intoxicating beer at a picnic, bazaar, fair or similar
gathering. The license shall be issued only for the day or days designated
therein, but in no case shall such a license be issued to any one
(1) club or organization for more than seven (7) days during any calendar
year. The Registrar shall issue letters of approval of applications
and licenses as follows.
1. The Registrar shall issue a letter of approval upon receipt of a complete and valid application and the sum authorized by Section
600.010 of this Chapter under authority of Section 311.482, RSMo., as amended.
2. The Registrar shall issue a licenses upon issuance of a license from
the State of Missouri under authority of Section 311.482, RSMo., as
amended.
B. Temporary Caterer's Permit. Notwithstanding any other provision
of this Chapter, the Registrar 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, effective for a period not to exceed
one hundred twenty (120) consecutive hours, which 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 in the incorporated and unincorporated areas of St. Charles
County in which is located the premises in which such function, occasion
or event is held. The Registrar shall issue letters of approval of
applications and licenses as follows.
1. The Registrar shall issue a letter of approval upon receipt of a complete and valid application and the sum authorized by Section
600.010 of this Chapter under authority of Section 311.485, RSMo., as amended, and
2. The Registrar shall issue a licenses upon issuance of a license from
the State of Missouri under authority of Section 311.485, RSMo., as
amended.
[Ord. No. 03-219 §1, 12-31-2003]
Any person who or business which shall be convicted of a violation
of any provision of this Chapter may be punished by a fine not exceeding
five hundred dollars ($500.00).