[CC 1997 §3-45; Ord. No. 1122 §§1 — 3, 4-25-1996]
This Chapter may be cited as the "Liquor Control Ordinance of Branson West, Missouri".
[CC 1997 §3-1; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 73-2009 §3-1, 5-12-2009]
For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section.
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, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
That intoxicating liquor manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water, containing not in excess of five percent (5%) by weight, and commonly called or known as "beer".
Includes any individual, association, joint stock company, syndicate, club, any entity recognized by the Missouri Secretary of State such as a partnership or corporation, receiver, trustee, conservator or other officer appointed by any State or Federal court.
Includes that portion of any building in which a licensee hereunder has his/her place of business and any additional building or portion thereof used in connection therewith, and the entire lot or parcel of land on which such buildings are situated, or which are used in connection with such buildings.
A permit issued to any person who is licensed to sell intoxicating liquor in the original package at retail under this Chapter, allowing that license holder to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the license holder to sell wine, malt beverages or distilled spirits for on-premises consumption.
Any person who maintains, or is in charge of, any place of business or depot in the City where intoxicating liquor is kept or stored for sale to any other licensed dealer.
Includes any wine containing not in excess of fourteen percent (14%) of alcohol by weight which is manufactured exclusively from grapes, berries and other fruits and vegetables.
[CC 1997 §3-16; Ord. No. 1122 §§1 — 3, 4-25-1996]
It shall be unlawful for any person to manufacture, distill, blend, sell or offer for sale, either at wholesale or retail, within the City, any intoxicating liquor without first having obtained a license therefor from the City.
[CC 1997 §3-17; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 1123 §1(h)(i), 5-7-1996]
A.
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the County, Town, City or Village, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village; and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; provided, that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler, within this State.
B.
Qualifications.
1.
No person, partnership or corporation shall be qualified for a license under this law if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.
2.
No license issued under this Chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the Division of Liquor Control. The Division of Liquor Control shall promulgate rules to enforce the provisions of this Subdivision.
3.
No wholesaler license shall be issued to a corporation for the sale of intoxicating liquor containing alcohol in excess of five percent (5%) by weight, except to a resident corporation as defined in this Section.
[CC 1997 §3-18; Ord. No. 1122 §§1 — 3, 4-25-1996]
A.
All applications for license within the scope of this Chapter shall be made in writing to the Board of Aldermen.
B.
All applications required by this Chapter, except for the sale of malt liquor, shall be accompanied by an inventory and an appraisal of the stock of goods, other than intoxicating liquor, at the proposed place of business. Said inventory and appraisal shall be made under oath and shall be the value according to the invoices at the time of the making of the application of said license.
C.
No license within the scope of this Chapter shall be granted at the same meeting of the Board of Aldermen at which the application therefor is presented except by unanimous vote of said Board; provided however, that said application may be considered by the Board of Aldermen at the first (1st) meeting of said Board at which the application is presented if the applicant has first served written notice upon each member of the Board, at least five (5) days before the meeting of said Board, at which said application is to be presented, of his/her intention to present said application.
[CC 1997 §3-19; Ord. No. 1122 §§1 — 3, 4-25-1996]
The City Clerk shall issue a license within the scope of this Chapter to any person who complies with all of the requirements of this Chapter to the satisfaction of the Board of Aldermen and who produces a receipt from the City Collector confirming that the fees levied by this Chapter have been paid.
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 Board of Aldermen, 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.
[1]
State Law Reference — Authority of city to prohibit sale near schools and churches, §311.080(2), RSMo.
[CC 1997 §3-21; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord No. 1139 §1, 9-10-96; Ord. No. 73-2009 §3-21, 5-12-2009]
A.
The annual fee to be paid to the City for the license required under this Chapter shall be one and one-half (1½) times the State fee for the same license. The following licenses are available with the limits set out herein:
1.
For manufacturing, distilling, or blending intoxicating liquor in excess of five percent (5%) of alcohol by weight.
2.
For manufacturing, distilling or blending intoxicating liquor not in excess of five percent (5%) of alcohol by weight.
3.
For the sale of intoxicating liquor, at wholesale, in excess of five percent (5%) of alcohol by weight.
4.
For the sale of intoxicating liquor not in excess of five percent (5%) of alcohol by weight, at wholesale.
5.
For the sale of all kinds of intoxicating liquor by the drink which license shall include the right to sell intoxicating liquor in the original package.
6.
For the sale by the drink of malt liquor containing not in excess of five percent (5%) by weight, which license shall include the right to sell such liquors in the original package.
7.
For the sale of all kinds of intoxicating liquor in the original package not to be consumed on the premises where sold.
8.
For the sale in the original package of malt liquor containing not in excess of five percent (5%) of alcohol by weight not to be consumed on premises where sold.
9.
Any person or business possessing the qualifications required by Chapter 311, RSMo., and who now or hereafter meets the requirements of and complies with the provision of said Chapter 311 and of Section 311.097, RSMo., thereof and is licensed by the State of Missouri to sell intoxicating liquor between the hours of 9:00 A.M. and Midnight on Sunday by the drink at retail for consumption on the premises of such restaurant bar as described in the application. Such restaurant bar shall pay an additional fee equal to one and one-half (1½) times the State fee for Sunday sales. Such fees shall be payable at the same time and in the same manner as other licenses fees.
10.
For the sale of all kinds of intoxicating liquor in the original package on Sunday between the hours of 9:00 A.M. and Midnight not to be consumed on the premises where sold.
12.
For the purpose of conducting wine, malt beverage and distilled spirit tastings on the licensed premises. Each tasting permit shall allow up to four (4) tastings in a calendar month. Fee is to equal one and one-half (1½) times the fee charged by the State Division of Alcohol and Tobacco Control under Section 311.294, RSMo.
B.
All such licenses shall be issued as of July first (1st) and expire on the last day of June the following year. All license fees collected by the City shall be accounted for and paid into the City General Revenue Fund. If the license is used for less than one (1) year, the fee shall be one-twelfth (1/12) of the annual fee for each month, or fraction thereof, remaining in the licensed year. No refunds for licenses purchased shall be made for any period. Licenses are not inclusive, and a separate license must be purchased for sales falling within any Subsection (1) through (12) above.
[1]
State Law Reference — Authority of city to prescribe license fee, §311.220(2), RSMo.
A.
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter 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, as in this Chapter defined, between the hours of 9:00 A.M. on Sunday and Midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar as described in the application or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests. As used in this Section, the term "restaurant bar" means 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.
B.
The authority for the collection of fees by Cities and Counties as provided in Section 311.220, RSMo., and all other laws and regulations of the State relating to the sale of liquor by the drink for consumption on the premises where sold, shall apply to a restaurant bar or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests in the same manner as they apply to establishments licensed under Sections 311.085, 311.090 and 311.095, RSMo., and in addition to all other fees required by law, a restaurant bar or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests shall pay a fee equal to one and one-half (1½) times the State license fee payable at the same time and in the same manner as its other license fees.
C.
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.
A.
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter 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, as defined in this Chapter, by the drink at retail for consumption on the premises of any resort as described in the application. As used in this Section the term "resort" means 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 (B) of this Section. 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 receipts requirements of this Subsection, 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.
B.
A seasonal resort restaurant is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty percent (50%) of all gross sales of such restaurant shall be sales of prepared meals. Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty percent (50%) shall be sales of prepared meals. The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid. Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license. Nothing in this Subsection shall prohibit a seasonal resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this Chapter.
C.
The times for opening and closing the establishments as fixed in Section 311.290, RSMo., the authority for the collection of fees as provided in Section 311.220, RSMo., and all other laws and regulations of the State relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to resorts in the same manner as they apply to establishments licensed under Section 311.090, RSMo.
D.
Any new resort or restaurant establishment 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 for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of an annual gross receipts of not 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. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment. The license fee shall be equal to one and one-half (1½) times the State license fee.
[CC 1997 §3-22; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 1123 §1(k), 5-7-1996]
The City Collector shall issue a receipt to any person who has paid the license fee(s) levied by this Chapter. The City Clerk shall serve as City Collector.
[CC 1997 §3-23; Ord. No. 1122 §§1 — 3, 4-25-1996]
In the event any license issued pursuant to this Chapter is revoked or forfeited, for cause or otherwise, the City shall not return any part of the license fee paid for said license.
[CC 1997 §3-24; Ord. No. 1122 §§1 — 3, 4-25-1996]
All licenses issued pursuant to this Chapter shall expire on June thirtieth (30th) of each calendar year. License fees shall be prorated for those individuals and entities who obtain licenses on a date other than July first (1st) of any calendar year. The City can revoke any license issued pursuant to this Chapter for cause as herein provided.
[CC 1997 §3-26; Ord. No. 1122 §§1 — 3, 4-25-1996]
Every license issued pursuant to this Chapter shall describe the premises at which intoxicating liquor may be sold and the kind of intoxicating liquor to be sold therein.
[1]
State Law Reference — Similar provisions under liquor control law, §311.240(3), RSMo.
[CC 1997 §3-27; Ord. No. 1122 §§1 — 3, 4-25-1996]
Any license issued pursuant to this Chapter shall not be deemed to authorize or permit the sale of different kinds of intoxicating liquor other than that described in said license.
[1]
State Law Reference — Similar provisions, §311.240(3), RSMo.
[CC 1997 §3-28; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person, agent or employee of any person, in any capacity, shall sell intoxicating liquor in any place or at any other time than that designated in the license pursuant to this Chapter.
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 City 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.
B.
Whenever one (1) or more members of a partnership withdraws from the partnership the City, 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.
[CC 1997 §3-30; Ord. No. 1122 §§1 — 3, 4-25-1996]
A separate license within the purview of this Chapter shall be required for each place of business.
[1]
State Law Reference — Similar provisions under liquor control law, §311.240(1), RSMo.
[CC 1997 §3-31; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person shall possess intoxicating liquor within the City unless the same has been acquired from some person holding a license or unless the intoxicating liquor is kept with the written permission of the State Supervisor of Liquor Control, and the package in which intoxicating liquor is contained has been labeled and sealed with the official seal prescribed under State law; provided however, that nothing in this Chapter shall be construed as to prevent the natural fermentation of fruit juices in any home for the exclusive use of the occupants of the home and their guests.
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 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. Sunday and 6:00 A.M. Monday, upon or about his or her premises. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. 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 intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.
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 Section 600.190, or any other provision of law to the contrary.
[CC 1997 §3-33; Ord. No. 1122 §§1 — 3, 4-25-1996; Ord. No. 73-2009 §3-33, 5-12-2009]
A.
Intoxicating liquor sold at retail in the original package shall not be sold in a quantity less than one-half (½) pint nor shall the original package be opened on the premises of the vendor.
B.
No intoxicating liquor purchased in the original package shall be consumed on the premises, except that the license holder may allow wine, malt beverage and distilled spirit tasting on the licensed premises on the dates and at the times set forth in the State permit allowing the license holder to do so on the licensed premises. At no time may the license holder sell wine, malt beverages or distilled spirits for consumption on the licensed premises.
C.
No license shall be issued for the sale of intoxicating liquor in the original package except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses:
D.
No license shall be issued for the sale of intoxicating liquor in the original package to any person who does not have and keep in his/her store a stock of goods having a value according to invoices at the time of making the application for said license, and at all times thereafter, of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquor.
[1]
State Law Reference — Similar provisions under liquor control law, §311.200(1), RSMo.
[CC 1997 §3-34; Ord. No. 1122 §§1 — 3, 4-25-1996]
Malt liquor and/or wine may be sold by the drink at retail for consumption on the premises where sold when the person desiring to sell the same has been licensed therefore pursuant to this Chapter; provided however, that a licensee authorized to sell malt liquor and/or wine at retail by the drink for consumption on the premises where sold shall not be permitted to obtain a license for the sale of intoxicating liquors, other than malt liquor and/or wine, in the original package.
Any licensee under this Chapter, or his/her employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of an ordinance violation, except that this Section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only, or to the administering of such intoxicating liquor to any person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment.
B.
In any place of business licensed in accordance with Section 311.200, RSMo., persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register and accept payment for, and sack for carryout, intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee's gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.
C.
In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor but which does not sell intoxicating liquor at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor.
D.
Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor in places of business which sell food for consumption on the premises if at least fifty percent (50%) of all sales in those places consists of food; provided that nothing in this Section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar intoxicating beverages.
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in Section 311.020, RSMo., or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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 not 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.
A.
Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of an ordinance violation. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[CC 1997 §3-40; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person within the City shall drink any intoxicating liquor on any street or sidewalk, or in any railway station, theater, or public vehicle, or in any public place or building.
[CC 1997 §3-41; Ord. No. 1122 §§1 — 3, 4-25-1996]
It shall be unlawful for any person to own, operate, lease, occupy or control any building, car, shed, room, basement, structure, tent or booth and knowingly permit intoxicating liquor to be unlawfully manufactured, sold, stored, kept or consumed therein or thereon.
[CC 1997 §3-42; Ord. No. 1122 §§1 — 3, 4-25-1996]
A.
The Board of Aldermen may, after a hearing, revoke any license issued pursuant to this Chapter if the licensee has not at all times kept an orderly place, or if he/she has violated any of the provisions of this Chapter or for any other good cause shown after having first given said licensee not less than ten (10) days' notice in writing of the application to revoke his/her license. Said notice shall contain the ground or grounds for revocation and shall command the licensee to be present at the regular or called meeting of the Board of Aldermen and show cause, if any, why said license should not be revoked; provided however, that said licensee at said hearing shall have the right to be represented by counsel and produce witnesses and evidence in his/her behalf; provided further, that said notice shall be served by the Police Chief upon the licensee by leaving a copy thereof with the licensee, or any person or employee in charge of the place of business of said licensee.
B.
Upon the conviction of any person licensed pursuant to this Chapter for a violation of any of the provisions of this Chapter, said conviction shall automatically operate to revoke the license hereunder issued to such person.
[CC 1997 §3-43; Ord. No. 1122 §§1 — 3, 4-25-1996]
No person convicted of violating any of the provisions of this Chapter shall be issued a license or renewal thereof for a period of one (1) year from the date of said conviction.
[CC 1997 §3-44; Ord. No. 1122 §§1 — 3, 4-25-1996]
Upon conviction of any person for violating any provisions of this Chapter, it shall be the duty of the Municipal Judge to certify said conviction to the Board of Aldermen.
[Ord. No. 73-2009 §3-46, 5-12-2009]
A.
The City Clerk shall issue a tasting permit to any person licensed to sell intoxicating liquor in the original package not to be opened or consumed on the premises who:
B.
Any person who is licensed to sell intoxicating liquor in the original package not to be opened or consumed on the premises and who obtains a tasting permit may provide a sampling or tasting of wine, malt beverages or distilled spirits not more than four (4) days per calendar month and is subject to the following:
1.
Such sampling or tasting shall be limited to a serving of one (1) ounce samples.
2.
Consumption of the sample must take place within ten (10) feet of the point where the sample is served.
3.
No sampling or tasting is permitted for any person under the age of twenty-one (21) years.
4.
The person holding or conducting the sampling or tasting must notify the City Police Department at least twenty-four (24) hours in advance of the time of such sampling or tasting.
5.
Except as specifically permitted in this Section, all other requirements of this Chapter shall remain in full force and effect.