Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet, and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least twenty-five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes, and which has annual 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 is in non-alcoholic
sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
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. 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 not in excess of
five percent (5%) 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.
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, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also
be construed and held to refer to any package containing three (3)
or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal Court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
RESTAURANT BAR
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.
WINE SHOP
Any establishment that uses automated wine dispensing equipment
to dispense wine tastings by the glass at retail for consumption on
the premises where sold, so long as at least fifty percent (50%) of
the total sales of the wine shop are from package sales.
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 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.
[Ord. No. 10.07 §2(50.070), 4-26-2010]
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.
1. Notwithstanding
any other provision of this Chapter, a permit for the sale of all
kinds of intoxicating liquor, including intoxicating liquor in the
original package, at retail by the drink for consumption on the premises
of the licensee may be issued to any church, school, civic, service,
fraternal, veteran, political or charitable club or organization for
the sale of such intoxicating liquor 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.
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 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 under the provisions of this Chapter shall sell, give away, or otherwise dispose of or suffer the same to be done upon 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, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section
600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday, and provided further that where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which the intoxicating liquor is dispensed, and provided further that where such licenses are held by restaurants or stores whose business is conducted in one (1) room only and substantial quantities of food and merchandise, other than intoxicating liquor, are dispensed, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
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. Number Of Licenses Limited. The number of licenses which
shall be issued and outstanding for the sale of intoxicating liquor
or alcoholic beverages is hereby set, fixed, and determined as follows:
1. The
number of licenses issued for the sale of intoxicating liquor for
consumption on the premises shall be three (3).
2. The
number of licenses issued for the sale of alcoholic beverages in the
original package, not for consumption on the premises, shall be four
(4).
F. 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.
[Ord. No. 10.07 §2(50.080), 4-26-2010]
A. No license
shall be granted for the sale of intoxicating liquor, as defined in
this Chapter, within three hundred (300) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within three hundred
(300) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. Subsection
(A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[Ord. No. 10.07 §2(50.190), 4-26-2010]
A. The following
categories and subcategories of licenses shall be issued upon compliance
with the provisions of this Chapter and payment of the license fee
indicated:
1. General licenses.
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a.
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Malt liquor—original package
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$75.00
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b.
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Intoxicating liquor (all kinds)—original package
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$50.00
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c.
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Malt liquor—by drink
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$5.00
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d.
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Malt liquor and light wines—by drink
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$5.00
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e.
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Intoxicating liquor (all kinds)—by drink
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$50.00
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2. Sunday sales. (Additional fees)
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a.
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Intoxicating liquor—original package
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$300.00
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b.
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Restaurant bars
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$300.00
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c.
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Amusement places
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$300.00
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d.
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Liquor by the drink—charitable organizations
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$300.00
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3. Permits.
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a.
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Temporary permit—by the drink for certain organizations
(7 days max.)
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$37.50
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b.
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Tasting permit
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$7.50
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c.
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Caterers
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$5.00 per each calendar day
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4. Special license.
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a.
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Wine shops—liquor by the drink Sunday license
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For a partial year license, the fee shall be prorated quarterly.
No license shall be returned to the holder upon sale, transfer or
dissolution of the business for which the license was issued.
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Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who meets the requirements of and complies with the provisions of this Chapter may apply for, and the City may issue, a license to sell intoxicating liquor by the drink at retail for consumption on the premises of any wine shop, as defined in Section
600.010, between the hours of 10:00 A.M. on Sunday and 10:00 P.M. on Sunday.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor 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 therein contains intoxicating
liquor.
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.
[Ord. No. 10.07 §50.200(g—k), 4-26-2010]
A. Suspension Or Revocation Of License—When—Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board 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 ten (10) days' written notice specifying grounds for the suspension or revocation thereof 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
600.100 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, RSMo.,
or any ordinance of the City; or
2. Failing
to obtain or keep a license from the State Supervisor of Alcohol and
Tobacco Control; or
3. Making
a false affidavit in an application for a license under this Chapter;
or
4. Failing
to keep an orderly place or house; or
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; or
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, or
b. Any
person during unauthorized hours on the licensed premises, or
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 Board.
8. 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 Chapter. For purposes of this Chapter, 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 and an area surrounding the establishment measuring fifty
(50) feet in all directions from each entrance or exit to the establishment
provided however that in no event shall the premises be less than
the property boundary or lot on which the establishment is located.
9. 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. The licensee shall take
reasonable steps, based on past incidents, to prevent persons who
have recently left the establishment or who are waiting to enter the
establishment from disturbing the peace, fighting, discharging firearms,
or threatening or intimidating passersby, and shall not permit such
persons to engage in lewd or lascivious conduct, gambling, or urinating
or defecating in public.
10. 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.
11. Failure
to cooperate fully with the Police, Fire Department, City Code Inspectors
or any Law Enforcement Agency.
12. Any
establishment, except private clubs shall be open to the Police, Fire
Department, City Code Inspectors, and all Law Enforcement Agencies
at all times while the public is present and they shall not be obstructed
by a locked door.
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, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. 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 than that imposed by the State.
D. Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.