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, except for non-intoxicating beer
as defined herein. 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 in excess of three
and two-tenths percent (3.2%) by weight and 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.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt, or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
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 or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "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 1977 §4-2; Rev. Ords. 1939 Ch. 13 Art. 1 §10; Ord. No. 1195 §1, 10-4-1978; Ord. No. 2757 §1, 3-4-2002]
A. No
license shall be granted for the sale or manufacture of alcoholic
beverages within three hundred (300) feet of any school, church or
other building regularly used as a place of religious worship, unless:
1. The business for the sale or manufacture of alcoholic beverages was
established in its present location before the church or school was
so located; or
2. The applicant for such license shall first obtain the consent in
writing of the majority of the Board of Directors of such school or
the consent in writing of the majority of the managing board of such
church or place of worship.
3. The measurement of the three hundred (300) feet shall be from property
line of the building upon which any school, church or other building
regularly used as a place of religious worship is situated to the
property line upon which will be situated the business for the sale
or manufacture of alcoholic beverages is to be established.
"Property line", as such phrase is used in this Section
600.040, shall mean the edge of the pavement of the public right-of-way situated along such boundary or, if such boundary is not contiguous to the public right-of-way, the location of boundary as such boundary is clearly marked or maintained by each such property owner (e.g., fence, edge of lawn, edge of tree line, etc.).
4. The measurement of one hundred (100) feet, building foundation to
building foundation, may be used when both establishments in question
are located in a commercial zoned area.
[CC 1977 §4-3; Ord. No. 882 §1, 8-19-1970]
A. Nothing
in this Chapter shall be so construed as to authorize the sale of
intoxicating liquor in the original package, or at retail by the drink
for consumption on the premises where sold, in a place commonly known
as a "saloon" and no license shall be issued for the sale of intoxicating
liquor at retail by the drink for consumption on the premises where
sold in a place commonly known as a "saloon" nor in any building or
room where there are any blinds, screens, swinging doors, booths,
curtains or any other thing in such building or room that will obstruct
or obscure the interior of such room from public view.
B. It
shall be unlawful for the holder of any license authorized by this
Chapter for the sale of intoxicating liquor at retail by the drink
for consumption on the premises where sold to keep or secrete or to
allow any other person to keep or secrete in or upon the premises
described in such license any intoxicating liquor other than the kind
of alcoholic beverage expressly authorized to be sold by such licensee.
[CC 1977 §4-61; Ord. No. 1765 §5, 5-14-1990]
A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B. Any
retailer licensed pursuant to this Chapter shall not:
1. Sell intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight to the consumer in
an original carton received from the wholesaler that has been mutilated,
torn apart or cut apart; or
2. Repackage intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
C. Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D. Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E. Only Those Liquors Authorized By License To Be Kept On Premises.
1. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
2. Any retailer licensed pursuant to this Chapter shall not:
a. Sell intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight to the consumer in
an original carton received from the wholesaler that has been mutilated,
torn apart or cut apart; or
b. Repackage intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor Or Non-Intoxicating Beer. It shall be unlawful for
any licensee, or his/her employee or agent, to sell or supply intoxicating
liquor or non-intoxicating beer, or permit such to be sold or supplied,
to a habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor.
G. Drinking In Public Places Prohibited.
1. For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2. No person shall drink or ingest any intoxicating liquor or non-intoxicating
beer in or on any public place.
3. No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor or non-intoxicating beer while in or upon
any public place.
4. No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor or non-intoxicating beer while within or on
any motor vehicle while the same is being operated upon, or parked
or standing in or upon, any public place. Any person operating a motor
vehicle shall be deemed to be in possession of an open container contained
within the motor vehicle he/she has control of whether or not he/she
has actual physical possession of the open container.
H. Possession In Public Prohibited — Exceptions. It shall
be lawful for any person to possess intoxicating liquor in an open
container in any public park, place or square when in possession of
a valid and authorized permit to possess alcoholic beverages duly
issued by the appropriate governmental authority or its agents or
employees; and also it shall be lawful to possess alcoholic beverages
in an open container on any public or private golf course within the
City.
[CC 1977 §4-29; Rev. Ords. 1939 Ch. 13 Art. 1 §1; Ord. No. 2757 §2, 3-4-2002]
A. There
is hereby created a Supervisor of Liquor Control for the regulation,
control and issuing of licenses and permits for the sale of intoxicating
and non-intoxicating liquors within the corporate limits of the City.
B. The
City Administrator or his/her designee shall serve as Supervisor of
Liquor Control.
[CC 1977 §4-31]
The provisions of Chapter
605 of this Code, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this Article.
[CC 1977 §4-32; Ord. No. 806 §1, 1-2-1969; Ord.
No. 1195 §1, 10-4-1978; Ord. No. 1276 §1(B), 3-4-1981; Ord. No. 1494 §1, 11-6-1985; Ord. No. 3037 §1, 5-19-2008]
A. Individual. No person shall be granted a license under this
Article unless such person is of good moral character and taxpaying
citizen of the State, who has paid in full all taxes then due by him/her
to the City at the time the application for such license is filed,
is in possession of current State of Missouri and Cass County liquor
licenses; and no person shall be granted a license 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 alcoholic beverages; or who employs
or has employed in his/her business as such dealer any person whose
license has been revoked; or who has been convicted of violating the
provisions of any such law since the date aforesaid.
[Ord. No. 3586, 6-6-2022]
B. Corporations. No corporation shall be granted a license
hereunder unless the managing officer of said corporation in all ways
complies with the qualifications required of an individual to obtain
a license under this Section. A corporation which has three (3) or
more current licenses issued by the State Director of Liquor Control
for separate locations shall not be required to meet the residency
requirement for its managing officer. A corporation which proposes
to operate a motel or hotel with at least seventy-five (75) rooms
and adjoining restaurant may be issued a license to sell alcoholic
beverages as soon as the manager becomes a resident of Cass County
and otherwise meets the requirements of this Chapter.
C. Reapplication. No person or corporation who has been denied
a license may apply for another alcoholic beverage license for the
same location until the expiration of at least ninety (90) days from
the date of the first (1st) denial.
[CC 1977 §4-33; Ord. No. 1276 §1(C), 3-4-1981; Ord. No. 2757 §3, 3-4-2002]
All new applications for licenses under the provisions of this
Article shall be presented to the Supervisor of Liquor Control who
shall obtain background reports from the Chief of Police and from
the Fire Chief relative to the proposed location of the business.
When new applications or renewals are requested by licensees, the
Supervisor of Liquor Control is hereby authorized and empowered to
issue licenses provided by this Chapter for the manufacture or sale
of alcoholic beverages, at wholesale or retail, and may issue such
licenses to applicants who have complied with the terms of this Chapter
and have paid the necessary license fee. The Supervisor of Liquor
Control shall see that all regulations and provisions of this Chapter
and other ordinances of the City and the laws of the State regulating
alcoholic beverages are properly enforced.
[CC 1977 §4-34; Ord. No. 806 §1, 1-2-1969; Ord.
No. 1195 §1, 10-4-1978; Ord. No. 2757 §4, 3-4-2002]
Application for a license for the manufacture, blending or sale
of alcoholic beverages under the provisions of this Article shall
be made in writing to the Supervisor of Liquor Control. The application
shall contain the name of the applicant, his/her age, residence and
the length of time he/she has resided in the City, a particular description
of the place where he/she intends to manufacture, blend or sell alcoholic
beverages, a statement as to his/her former business, his/her former
residence and whether or not he/she has ever been convicted of a misdemeanor
or a felony and there may be attached to the application a detailed,
financial statement of the applicant showing his/her assets and liabilities.
Applicant shall give authorization for a Request for Criminal Record
Check release. The application shall be made on forms to be prepared
by the Supervisor of Liquor Control and no license shall be issued
until the sum prescribed by this Article shall be paid to the City
Collector and his/her receipt presented with the application for a
license.
[Ord. No. 2757 §5, 3-4-2002]
Should applicant receive written notice of non-issuance and
be denied licensing due to any of the provisions of this Chapter,
applicant shall have five (5) business days to submit a written appeal
and applicant shall have the right to appear before the Board of Aldermen.
[Ord. No. 2792 §1, 9-16-2002]
A. Permit Required. It shall be unlawful for any person to
directly participate in retail service, delivery or dispensation of
alcoholic beverages in establishments holding a five percent (5%)
beer license for consumption on the premises or a license for liquor
by the drink for consumption on the premises, unless the person holds
a valid employee liquor permit issued by the Chief of Police. The
term "directly participate in the retail sale, service, delivery or
dispensation of alcoholic beverages", as used in this Section, shall
include accepting delivery of, taking orders for, mixing, serving
or assisting in mixing or serving alcoholic beverages while acting
in the capacity of, but not limited to, bar manager, bartender, waiter
or waitress.
B. Eligibility. No person shall be issued an employee liquor
permit by the Chief of Police unless the person is at least eighteen
(18) years of age, except as otherwise provided by State law. No person
shall be issued an employee permit if the person has been convicted
of a felony, is otherwise disqualified by State Statutes or by the
Code of State Regulations for employment on the licensed premises
of an alcoholic beverage establishment or has been issued an alcoholic
beverage license or permit from this or any other City or State that
is currently suspended or that has been revoked within five (5) years
immediately preceding the application.
C. Application — Issuance. All applications for an employee
permit shall be submitted on a form supplied by and filed with the
Chief of Police and shall be signed by the applicant. The application
shall include:
1. The applicant's complete name, home address, home telephone number,
date of birth and motor vehicle operator's license or other identification
number.
2. The applicant's height, weight, color of eyes, color of hair and
sex.
3. A statement by the applicant that he/she has not been convicted of
any felony.
4. A statement by the applicant of whether or not the applicant has
held an alcoholic beverage license or employee permit and, if so,
when and by what State or City the license or permit was issued and
whether or not any alcoholic beverage license or permit issued to
the applicant has ever been disqualified and, if suspended, revoked
or disqualified, when and for what reason.
5. An authorization signed by the applicant allowing law enforcement
and probation and parole agencies to release criminal record information
concerning the applicant.
6. A photograph of the applicant to be taken by the Chief of Police
or his/her agents.
7. The application fee for an employee's liquor permit is listed on
the City's Comprehensive Schedule of Fees.
[Ord. No. 3650, 5-1-2023]
D. Form Of Permit. Each employee liquor permit shall bear the
physical description and photograph of the applicant and shall be
laminated or be in a form, otherwise approved by the Chief of Police,
to prevent alteration.
E. Invalidation, Suspension Or Revocation. If any person who
has been issued and holds an employee liquor permit shall be convicted
of any felony, the permit shall be void. If any permittee shall violate
or contribute to the violation of any provisions of this Chapter,
the Chief of Police may file request for a hearing before the City
Administrator to consider whether the permit should be suspended or
revoked.
F. Employment Of Felons. A retail licensee may employ a person
convicted of a felony unrelated to the manufacture or sale of intoxicating
liquor, so long as that felon does not directly participate in the
retail sale, service, delivery or dispensation of alcoholic beverages.
Any retail licensee who employs a felon shall report the identity
of that person to the Chief of Police within twenty (20) days of the
person's employment and shall notify the Chief of Police within ten
(10) days of the person's leaving the licensee's employment using
forms provided by the Chief of Police for that purpose.
G. Possession And Exhibition. While directly participating
in the retail sale, service, delivery or dispensation of alcoholic
beverages, any person holding an employee liquor permit under the
provisions of this Section shall be required to have the permit in
his/her possession or on the premises of the licensee and the permit
shall be exhibited to the Chief of Police or any agent or officer
of the Harrisonville Police Department upon demand. Failure of any
person to exhibit an employee liquor permit as required by this Subsection
shall be prima facie evidence that the person does not hold a permit.
H. Server Permits For Members Of Not-For-Profit Organizations.
1. Members of not-for-profit organizations who dispense alcoholic
beverages on the premises of the organization. Any member
of a not-for-profit organization who dispenses alcohol on the premises
of the organization as a volunteer must obtain a City of Harrisonville
server liquor permit and comply with all provisions of this Chapter
applicable to such permits, except as further set out in this Section.
If the member receives compensation for his/her services in dispensing
the alcohol, the person dispensing the liquor must obtain an employee
liquor permit and the exceptions set out in this Section will not
apply.
2. Application fee. The application fee for any permit
issued pursuant to this Section shall be waived.
3. Validity of permit. Any permit issued pursuant to
this Section shall be valid only on the premises of the not-for-profit
organization of which the person obtaining the permit is a member.
The permit will be color-coded to distinguish it from other liquor
to aid in enforcement of this restriction and the name of the not-for-profit
organization for which the permit is valid will be prominently shown.
4. Volunteers who serve intoxicating liquor by the drink at retail for an organization that has been issued a temporary permit, as described in Sections
600.030 and Section
600.060, are exempt from the requirement to obtain a server’s permit as described in 600.160, Subsection
(H).
[Ord. No. 3252 §2, 9-23-2013]
I. Violations And Penalty.
1. Employment of persons without permit. It shall be
unlawful for any retail licensee to have in his/her employ, to accept
delivery of, take orders for, mixing, serving or assisting in mixing
or serving alcoholic beverages any person who does not have an employee's
liquor permit issued by the Chief of Police.
2. False representations. It shall be unlawful for
any person to use or possess any false or falsified employee's liquor
permit issued, or purporting on its face to have been issued, by the
Chief of Police for the purpose of using the permit to obtain employment
in or to purchase alcoholic beverages from any premises granted a
license under the provisions of this Chapter or to misrepresent to
any licensee or his/her agent, servant or employee or the Chief of
Police or authorized agents or any member the Harrisonville Police
Department the person's age to be eighteen (18) years or older.
3. Falsifying permit. It shall be unlawful for any
person to manufacture, forge, reproduce in any way or otherwise falsify
an employee's liquor permit issued, or purporting on its face to have
been issued, by the Chief of Police or to give, lend, sell or otherwise
provide to any person a false, falsified, manufactured, forged or
reproduced employee's liquor permit issued by the Chief of Police.
4. Use of another's permit. It shall be unlawful for
any lawful holder of an employee's permit issued by the Chief of Police
to give, lend, sell or otherwise provide the permit to any other person
or for any person not the lawful holder of the permit to use the permit
for any purpose declared to be unlawful by the provisions of this
Chapter or to give, lend, sell or otherwise provide the permit to
any other person.
[CC 1977 §4-36; Rev. Ords. 1939 Ch. 13 Art. 1 §5; Ord. No. 1136 §1, 7-20-1977; Ord. No. 1195 §1, 10-4-1978; Ord. No. 1304 §1, 12-16-1981; Ord. No. 1984 §1b, 6-14-1993; Ord. No. 2553 §1, 11-9-1998; Ord. No. 3037 §1, 5-19-2008]
A. Before
any license shall be issued for the manufacture or sale of intoxicating
liquors in the City, the applicant therefore shall pay to the City
one and a half (1 1/2) times the fee(s) described in the State of
Missouri Alcohol & Tobacco Laws & Regulations, as distributed
by the Missouri State Alcohol & Tobacco Control, for the license
requested from the City. An online copy of the fees can be found in
the Schedule of Pro-Rated Fees at the below web location:
[Ord. No. 3586, 6-6-2022]
https://atc.dps.mo.gov/documents/liquor-lawbook.pdf
|
B. All
liquor license fees are as established on the City's Comprehensive
Schedule of Fees.
[Ord. No. 3650, 5-1-2023]
C. Of
the license fee to be paid for any such license, the applicant shall
pay as many twelfths (12ths) as there are months (part of a month
counted as a month) remaining from the date of the license to the
next succeeding July first (1st).
[CC 1977 §4-39; Rev. Ords. 1939 Ch. 13 Art. 1 §9; Ord. No. 1276 §1(D), 3-4-1981]
No license required by this Article shall be delivered to any
applicant unless such applicant has paid the required fees and has
presented proof that the State of Missouri will issue a license, nor
shall a license be issued if it has been more than sixty (60) days
since the approval of the licensee by the Supervisor of Liquor Control.
[CC 1977 §4-40; Rev. Ords. 1939 Ch. 13 Art. 1 §8]
The supervisor shall keep a record of all licenses granted under
the provisions of this Article, specifying the kind of beverage authorized
to be sold, the name and age of the person to whom granted, a record
of all licenses and permits refused by him/her, specifying the reasons
therefor and the name of the party and also a record or docket of
all proceedings before him/her for the revocation of licenses.
[CC 1977 §4-41; Rev. Ords. 1939 Ch. 13 Art. 1 §5; Ord. No. 1371 §§1 — 2, 7-6-1983]
All licenses issued under this Article shall expire on the thirtieth
(30th) day of June. Applications for renewal of licenses must be filed
on or before the first (1st) day of May of each calendar year.
[CC 1977 §4-42]
Every license issued under the provisions of this Article shall
particularly describe the premises in which alcoholic beverages may
be sold thereunder and such license shall not be deemed to authorize
or permit the sale of alcoholic beverages at any place other than
that described therein.
[CC 1977 §4-47; Rev. Ords. 1939 Ch. 13 Art. 1 §7; Ord. No. 2757 §6, 3-4-2002]
Any license issued under this Article may be revoked by the
Supervisor of Liquor Control for the violation, by the licensee, his/her
agents or employees of any applicable provision of this Code of Ordinances,
Federal law, State law or City ordinance, rule or regulation. Prior
to such revocation, the licensee shall receive written notification
of the imminent suspension or revocation. Upon receipt of the notification,
licensee shall have five (5) business days to submit a written appeal
and the appeal shall be heard at the next scheduled Board of Aldermen
meeting. Licensee shall have the right to appear thereat with counsel
and witness in his/her behalf. In the event of such suspension or
revocation, no portion of the license fee paid by the licensee shall
be refunded.