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.
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.
[CC 1978 §600.110; Ord. No. 600.035 §1, 9-17-2012]
A. No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within one hundred (100) 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 City Council, except that when a school, church
or place of worship shall hereafter be established within one hundred
(100) 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.
[CC 1978 §600.111; Bill No. 2006-01(600.111), 2-20-2006]
For the purpose of determining the three hundred (300) feet distance as set forth in Section
600.035,
a measurement shall be performed between the following two (2) points: the first (1st) point being the point of the main building of the church or school which is closest to the premises where the intoxicating liquor is to be sold and the second (2nd) point being the point on the property line of the premises where intoxicating liquor is or is to be sold, closest to the church or school as applicable in the circumstances.
[CC 1978 §600.040]
Each license shall be issued for a period of one (1) year from
the first (1st) day of January of each year and persons desiring to
secure licenses after the first (1st) day of January shall pay for
such portion of the license year remaining at the time such license
is issued thereafter, all renewals of licenses shall be made on the
first (1st) day of January of each year.
[CC 1978 §600.060; Bill No. 2006-34(600.060), 12-18-2006]
A. All
applications for licenses under the provisions of this Chapter shall
be made in writing to the City Collector on forms provided by said
Collector. The application shall contain at least the following information:
1. A designation of the kind of license desired;
2. A description of the premises to which said license is to apply and
the location or address thereof;
3. The name, telephone number, place of residence and mailing address
of the person for whom a license is sought;
4. The dates and places of all revocations of liquor and non-intoxicating
beer licenses and all convictions of any law applicable to the manufacture
or sale of intoxicating liquor or non-intoxicating liquor, if any;
6. The signature of the applicant;
7. The business engaged in by the applicant.
B. The
application for license shall be filed in the office of the City Collector
and the date of filing thereof shall be noted thereon by said City
Collector and shall be presented to the City Council at the first
(1st) regular meeting held thereafter. The application for license
shall be accompanied by a certified check in the amount as required
in this Chapter and the written consent of the owner of the premises
upon which the license is sought.
C. Applications for a "new license", as defined herein, if filed more than seven (7) working days prior to a regular meeting of the City Council, may be acted upon by the City Council at the regular meeting immediately following the filing of the application. Applications for a new license if filed less than seven (7) full working days before a regular meeting of the City Council must be referred by the Mayor to a committee composed of the two (2) Council members elected from the ward in which the proposed licensee intends to do business. The committee shall make a report at the next regular meeting of the City Council at which time action may be taken upon the application. For purposes of Subsection
(C) hereof,
"new license" is defined as an application
by a person who has not been granted a license under this Chapter
within fourteen (14) months immediately preceding the date of filing
the application hereunder.
D. Applications
for a "renewal license", as defined herein, may be acted upon by the
City Council at any regular or special meeting of the City Council
upon the presentation of the application to the City Council. For
purposes of this Subsection, "renewal license" is
defined as an application by a person who at the time of application
holds a valid, current license under this Chapter.
Neither the applicant nor any officer, director or shareholder
of a corporate applicant shall have been convicted of a felony or
of any distribution, sale or possession of any controlled substances
or dangerous drugs. The applicant shall present with the application
a bona fide sale contract or option duly executed, which may be subject
to the applicant obtaining a liquor license, or a bona fide lease
duly executed by the lessor, or an option for a lease duly executed,
subject to the applicant obtaining a liquor license, covering the
property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The City Council also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
[CC 1978 §600.070]
No license shall be granted by the City Collector, unless the
application and deposit of license charge has been made as required
in this Chapter. Nor shall any license applied for be granted or issued
unless and until a majority of the members elected to the City Council
shall vote in favor thereof; upon a favorable vote granting the license
applied for, the City Collector shall issue such license, which shall
describe the kind of license, the license charge, the premises, on
which said sale is to be made, the name of license holder, date of
issuance and period of time for which said license is granted.
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.
[CC 1978 §600.100]
In case any license granted under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period after the effective beginning
date of such license, no refund of any license charge or part thereof
shall be made.
[CC 1978 §600.190]
Upon conviction of any person under the provisions of this Chapter,
it shall be the duty of the Municipal Judge to certify such conviction
to the City Council at the first (1st) meeting of said Council after
such conviction.