[R.O. 2009 § 600.005; R.O. 2007
§§ 600.010, 600.015, 600.016, 600.030, 250.010; Ord. No. 497 § 1, 5-2-1968]
As used in this Chapter, the following
terms shall have these prescribed meanings:
FINANCIAL INTEREST
All interest, legal or beneficial, direct or indirect in
the capital, devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
and dividends, preferred dividends, interest and profits, directly
or indirectly paid, as compensation for or in consideration of interest
in or use of the capital devoted to the enterprise or for property
or money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit,
not in excess of credit customarily granted by banking institutions
whether paid as dividends, interest or profits or under the guise
of royalties, commissions, salaries or any other form whatsoever.
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.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
PERSON
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal court.
SALE BY DRINK
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.
[R.O. 2009 § 600.010; R.O. 2007
§ 600.020]
It shall be unlawful for any person,
firm, partnership or corporation to manufacture, sell or expose for
sale, either at wholesale or retail, in the City of Bolivar, Missouri,
intoxicating liquor, as defined in this Chapter, in any quantity,
without first having obtained a license from the City.
[R.O. 2009 § 600.015; R.O. 2007
§ 600.025]
Nothing contained herein shall be
construed as authorizing the issuance of a license for the sale of
intoxicating liquor, unless such a license is required to be issued
to qualified applicants under existing or future provisions of the
Missouri liquor law, Chapter 311, RSMo.
[R.O. 2009 § 600.020; R.O. 2007
§ 600.040]
A. Qualifications — Individual Applicants.
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 of which he/she is a
resident; 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/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
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. Qualification — Entity Applicants.
No corporation, limited liability company, partnership or other non-individual
(all of which are hereinafter referred to as "entity") shall be qualified
for a license under this Chapter, if a stockholder, member, partner
or other equity owner owning, legally or beneficially, directly or
indirectly, ten percent (10%) or more of the stock of a corporation,
membership of a limited liability company, partnership interest (either
general or limited) of a partnership, or financial interest of any
other type of entity, or if a director, officer, manager or employee
shall have had a license revoked under this Chapter or under the laws
of the State of Missouri 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 if a stockholder, member,
partner or other equity owner of ten percent (10%) or more of the
equity interest of an entity, director, officer, manager or employee
shall not be a person of good moral character.
C. No license applied for or 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 so long as any such employee does not directly participate
in retail sales 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 Subsection.
D. Application Requirements. The City Clerk
shall require all applicants for licenses to file written statements,
under oath, containing the information required by this Section, together
with:
1.
Proof of the issuance of a Missouri
sales tax number;
2.
Compliance with the sales tax ordinances
of the City for new or existing businesses (as the case may be);
3.
Proof that no tax is due by the applicant
to the State of Missouri, the County of Polk or the City of Bolivar;
and
4.
Proof that no taxes, license or other
fees or utility usage charges are due the City of Bolivar. Statements
by applicants for licenses as wholesalers and retailers shall set
out, with other information required, full information concerning
the residence of all persons financially interested in the business
to be licensed as required by this Section. All material changes in
the information file shall be promptly reported to the City Clerk.
[R.O. 2009 § 600.025; R.O. 2007
§ 600.041; Ord. No. 1400 § 2, 8-31-1994; Ord. No. 2593, 1-12-2006; Ord. No.
2729, 6-25-2007]
A. All applications for licenses mentioned
in this Chapter shall be made in writing to the City Clerk. All applications
shall be filed with the Clerk for consideration by him/her and shall
be accompanied by a proper remittance from the applicant, made payable
to the City of Bolivar. Such application shall be accompanied by an
appraisal of the merchandise other than fixtures and intoxicating
liquors and shall be under oath. Upon receipt of a fully completed
application, the City Clerk shall refer such application to the office
of the City Attorney for review and opinion as to whether the application
is legally sufficient under State law and under the provisions of
this Chapter. If the City Attorney shall determine that the application
is legally sufficient, the City Clerk shall consider:
1.
Whether the applicant meets all of
the requirements of the Missouri Liquor Control Law;
2.
Whether the applicant meets all of
the provisions of this Chapter;
3.
Whether a license of the type requested
by the applicant is available to be issued;
4.
Whether the applicant is current
in the payment of all taxes due to the State of Missouri, the County
of Polk and the City of Bolivar;
5.
Whether the applicant is current
in the payment of all license and other fees and utility charges due
the City of Bolivar.
If the City Clerk shall determine that the applicant meets each of the five (5) conditions described in Subsections (A)(1) through (5) inclusive of the preceding sentence and the City Attorney shall determine that the application is legally sufficient, the City Clerk shall conditionally issue the license, subject to the applicant obtaining all other required licenses from State and County authorities. If, however, the City Attorney shall determine that the application is not legally sufficient or the City Clerk shall determine that the license should be denied because the applicant fails to meet any of the conditions for licensure set forth in this Chapter, the application shall be denied in writing with a detailed statement of the reasons for the denial.
|
[R.O. 2009 § 600.030; R.O. 2007
§ 600.042; Ord. No. 2593, 1-12-2006]
If the City Clerk shall approve the application for license filed pursuant to the provisions of Section
600.025 of the Code of the City of Bolivar, the license shall grant the applicant the privilege to conduct business in the City at a location specifically described in the application until the expiration of the term of the license. A separate license shall be obtained for all different types of intoxicating liquor at that or any other place that is described in the application. Within thirty (30) days, the licensee shall provide the City Clerk with a copy of the license received from the Supervisor of Liquor Control for the State of Missouri and the Polk County Clerk. Failure of the licensee to provide a copy of such licenses shall automatically revoke the conditional license issued by the City Clerk.
[R.O. 2009 § 600.035; R.O. 2007
§ 600.043; Ord. No. 2593, 1-12-2006]
If an application for a license made to the City Clerk pursuant to the provisions of Section
600.025 of the Code of the City of Bolivar shall be denied, the applicant may, within fifteen (15) days after receipt of the notice of denial, file with the City Clerk a notice of appeal to the Board of Aldermen. Such appeal shall state with particularity the grounds upon which the applicant believes that the City Clerk's denial of the application was erroneous. The Board of Aldermen shall conduct a hearing on the appeal at the next regular or special meeting of the Board of Aldermen that is more than ten (10) days after the date the appeal is filed with the City Clerk. At the hearing, the applicant may produce such testimony or documentary evidence as the applicant believes supports the applicant's claim of error. The City Clerk may produce such testimony or documentary evidence as the Clerk believes supports his/her denial of the application. Formal rules of evidence shall not apply but all witnesses shall be sworn on oath or affirmation. After hearing and seeing the evidence, the Board of Aldermen shall render a decision within ten (10) days after the close of the hearing. The issue to be submitted to the Board of Aldermen shall be "Shall the City Clerk's denial of a liquor license to [name of applicant] be reversed". If a majority of the members of the Board of Aldermen voting on the proposition shall vote affirmatively, the City Clerk shall forthwith issue the license as if it had originally been approved. If a majority of the members of the Board of Aldermen voting on the proposition shall fail to vote in favor thereof, the denial of the application by the City Clerk shall be sustained and no license shall be issued.
[R.O. 2009 § 600.040; R.O. 2007
§ 600.046; Ord. No. 1302 § 1, 6-10-1993; Ord. No. 2729, 6-25-2007]
A. 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 drugstore, a cigar and tobacco store, a grocery
store, a general merchandise store, a confectionery or delicatessen,
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 liquors shall be consumed
upon the premises where sold, nor shall any original package be opened
on the premises of the licensee, except as otherwise provided in this
Chapter.
B. A license may also be issued to an applicant who is qualified under Subsection
(A) of this Section for the sale of malt liquor containing alcohol not in excess of five percent (5%) by weight in the original package direct to consumers but not for resale.
C. The phrase "original package" shall be
construed and held to refer to 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 one (1) or more standard
bottles, cans or pouches of beer.
D. Notwithstanding the provisions of Section 311.290, RSMo., any person licensed pursuant to Subsection
(B) of this Section may also sell malt liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays; and further notwithstanding the provisions of this Chapter, any person possessing the qualifications and meeting the requirements of this Chapter who is licensed to sell intoxicating liquor in the original package at retail pursuant to Section 311.200, RSMo., may apply to the City for a special license to sell intoxicating liquor in the original package at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
[Ord. No. 3845, 3-28-2023]
[R.O. 2009 § 600.045]
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 Clerk 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. 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.
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 by Cities 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.
[R.O. 2009 § 600.055]
A. As used in this Section, the term "common
eating and drinking area" means an area or areas within a building
or group of buildings designated for the eating of food and drinking
of liquor sold at retail by establishments which do not provide areas
within their premises for the consumption of food and liquor; where
the costs of maintaining such area or areas are shared by the payment
of common area maintenance charges, as provided in the respective
leases permitting the use of such areas, or otherwise; and where the
annual gross income from the sale of prepared meals or food consumed
in such common eating and drinking area is, or is projected to be,
at least two hundred seventy-five thousand dollars ($275,000.00).
B. Notwithstanding any other provisions of
this Chapter to the contrary, any person who possesses the qualifications
required by this Chapter, or who now or hereafter meets the requirements
of and complies with the provisions of this Chapter, may apply for,
and the Supervisor of Liquor Control may issue, a license to sell
intoxicating liquor, as defined in this Chapter, by the drink at retail
not for consumption on the premises where sold but for consumption
in a common eating and drinking area, as described in the application
for such license. The times for selling intoxicating liquor as fixed
in Section 311.290, RSMo., the authority for the collection of fees
by Cities as provided in Section 311.220, RSMo., and all other laws
and regulations of this State relating to the sale of intoxicating
liquor by the drink shall apply to each establishment licensed under
this Subsection in the same manner as they apply to establishments
licensed under Sections 311.085 and 311.090, RSMo.
C. 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 Clerk may issue, a license to sell intoxicating liquor,
as defined in this Chapter, between the hours of 6:00 A.M. on Sundays
and 1:30 A.M. on Mondays by the drink at retail not for consumption
on the premises where sold but for consumption in a common eating
and drinking area, as described in the application for such license.
[Ord. No. 3846, 3-28-2023]
D. Any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, may apply to the Supervisor of Liquor Control for a special permit to remain open on all days of the week except Sunday between the hours of 1:30 A.M. to 3:00 A.M. The provisions of Subsection
(C) of this Section shall apply to the sale of intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area on Sunday. To qualify for such a permit, the premises of such an applicant must be located in an area which has been designated as a convention trade area by the Board of Aldermen of the City of Bolivar.
[Ord. No. 3746, 7-26-2022]
A. The
City Clerk may issue a temporary permit to caterers and other such
persons holding licenses to sell intoxicating liquor by the drink
at retail for consumption on the premises pursuant to the provisions
of this Chapter who furnish provisions and services for use at a particular
function, occasion, or event at a particular location other than the
licensed premises, effective for a period not to exceed one hundred
twenty (120) consecutive hours. Such license shall authorize the service
of alcoholic beverages at such function, occasion or event during
the hours at which alcoholic beverages may lawfully be sold or served
upon premises licensed to sell alcoholic beverages for on-premises
consumption. For every permit issued pursuant to the provisions of
this Section, the permittee shall pay to the City a prorated fee for
the period of the temporary license based on the cost of the annual
license for sale of liquor by the drink for consumption on premises.
B. All
the provisions of this Chapter shall extend to the premises and shall
be in force and enforceable all the time that the licensee, its agents,
servants, employees or stock are in such premises. This Section does
not include the sale of packaged goods.
[R.O. 2009 § 600.060; R.O. 2007
§ 600.051]
A. Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under Section
600.040 of the Code of the City of Bolivar, may apply to the City of Bolivar for a special permit to conduct tastings of intoxicating liquor on the licensed premises. For purposes of this Section, "intoxicating liquor" will have the same definition as in Section
600.005 and shall specifically include wine and malt liquor.
B. To secure the permit, the applicant shall
supply to the City Clerk a copy of the completed "Application for
Original Package Tasting License" provided by the Missouri Department
of Public Safety — Division of Alcohol and Tobacco Control,
but no applicant shall be required to furnish a personal photograph
as part of the application.
C. Nothing in this Section shall be construed
to permit the licensee to sell intoxicating liquors for on-premises
consumption.
[R.O. 2009 § 600.065; R.O. 2007
§ 600.075]
A. As used in this Section, the following
terms mean:
CONTROLLED ACCESS LIQUOR CABINET
A closed container, either refrigerated in whole or in part
or non-refrigerated, access to the interior of which is restricted
by means of a locking device which requires the use of a key, access
by means of a locking device as hereinabove described.
CONTROLLED ACCESS LIQUOR CABINET SYSTEM
A system for the sale of intoxicating liquor in qualified
packages or containers in the rooms provided for the overnight accommodation
of transient guests in a qualified establishment by means of a controlled
access liquor cabinet, and such systems shall permit the licensee
to maintain in the rooms provided for the overnight accommodation
of transient guests a controlled access liquor cabinet, in which such
licensee may maintain for sale intoxicating liquor in qualified packages
or containers, together with, if desired, other beverages or food,
and such systems shall permit the adult registered guests of the room
in which such controlled access liquor cabinet is located to use the
key, magnetic card or other similar device to gain access to such
controlled access liquor cabinet to obtain the intoxicating liquor
or other beverages or food for consumption.
QUALIFIED ESTABLISHMENT
Any establishment having at least forty (40) rooms for the
overnight accommodation of transient guests and 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, which restaurant's annual gross food sales for the past two
(2) years immediately proceeding its application for a license shall
not have been less than one hundred thousand dollars ($100,000.00)
per year or, if such restaurant has been in operation for less than
two (2) years, such restaurant has been in operation for at least
ninety (90) days preceding the application for license for sale of
intoxicating liquor by means of controlled access liquor cabinets
and has a projected experience, based upon its sale of food during
the preceding ninety (90) days, which would exceed one hundred thousand
dollars ($100,000.00) per year.
QUALIFIED PACKAGES OR CONTAINERS
Packages or containers for intoxicating liquor which holds
not less than fifty (50) milliliters and not more than two hundred
(200) milliliters.
REGISTERED GUESTS
Each person who signs his/her name to the guest register
of the qualified establishment, or takes some other equivalent action,
for the purpose of registering as a guest of such qualified establishment.
ROOM
A room in a qualified establishment which is intended to
be used and which is provided for the overnight accommodation of transient
guests.
B. 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 and who operates
a qualified establishment and is licensed to sell liquor by the drink
at retail with respect to such qualified establishment may apply for,
and the City Clerk may issue, a license to sell intoxicating liquor
in the rooms of such qualified establishment by means of a controlled
access liquor cabinet system on and subject to the following conditions:
1.
The key, magnetic card or other similar
device required to attain access to the controlled access liquor cabinet
in a particular room may be provided only to each adult registered
guest of legal age to possess intoxicating liquor who is registered
to stay in such room;
2.
Prior to providing a key, magnetic
card or other similar device required to attain access to the controlled
access liquor cabinet in a particular room to the registered guests,
the licensee shall verify that each registered guest, to whom such
key, magnetic card or similar device is to be provided, is not a minor
as defined by Section 311.310, RSMo.;
3.
All employees handling the intoxicating
liquor to be placed in a controlled access liquor cabinet, including,
without limitation, any employee who inventories and/or restocks and
replenishes the intoxicating liquor in the controlled access liquor
cabinet, shall be at least eighteen (18) years of age and shall obtain
such employee permits as the City of Bolivar requires to be obtained
by employees of the restaurant operated at such qualified establishment;
provided however, that no such employee permits shall be required
by any employee who handles intoxicating liquor in the original case
and who does not open such original case;
4.
Registered guests may use the key,
magnetic card or other similar device required to attain access to
the controlled access liquor cabinet in such registered guest's room
at any time; provided however, that no controlled access liquor cabinet
may be restocked or replenished with intoxicating liquor, nor shall
any intoxicating liquor be delivered to a room in order to restock
or replenish the supply of intoxicating liquor in the controlled access
liquor cabinet at any time when the restaurant operated at the qualified
establishment is not permitted to sell liquor by the drink at retail,
pursuant to the provisions of this Chapter;
5.
Upon request from the registered
guests, at anytime, the qualified establishment shall cause all intoxicating
liquor to be removed from the controlled access liquor cabinet in
the room of such registered guests as soon as reasonably practicable;
and
6.
The qualified establishment shall
have the right to collect payment for intoxicating liquor or other
beverages or food taken from the controlled access liquor cabinet
in the room of the registered guests in such manner as it shall be
determined to be appropriate, including, without limitation, the inclusion
of such charges, together with the charges made to such registered
guests for the use of the room or for the purchase of meals that the
restaurant operated at such qualified establishment.
C. Any new qualified establishment, having
been in operation for less than ninety (90) days, may be issued a
temporary license to sell intoxicating liquor in the rooms of such
qualified establishment by means of a controlled access liquor cabinet
system for a period not to exceed ninety (90) days, if such establishment
can show a projection of an annual business from prepared meals or
food which would exceed not less than one hundred thousand dollars
($100,000.00) per year.
D. In addition to any right to sell granted
pursuant to any other provision of this Chapter, a duly licensed wholesaler
shall be permitted to sell intoxicating liquor to a qualified establishment
in any size of qualified packages or containers for use in a controlled
access liquor cabinet system; provided however, that as to any size
of qualified packages or containers which could not be legally sold
to the qualified establishment, except for the provisions of this
Section, any such size of qualified packages or containers shall be
sold by the qualified establishment only by means of the controlled
access liquor cabinet system.
[R.O. 2009 § 600.070; R.O. 2007
§ 600.080]
A. Notwithstanding the other provisions of this Chapter, a permit for the sale of malt liquor as defined in Section
600.005 for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor at a picnic, bazaar, fair or similar gathering. Said permit shall be issued only for the day or days named therein and it shall not authorize the sale of aforesaid malt liquor for more than seven (7) days by any said organization as described above in any fiscal year.
B. To secure the permit, the applicant shall
file with the City Clerk a copy of the completed form provided by
the Supervisor of Liquor Control for the State of Missouri for a temporary
license as authorized by this Section, however, no applicant shall
be required to furnish a personal photograph as part of the application.
C. If the event will be held on a Sunday,
the permit shall authorize the sale of malt liquor on that day beginning
at 6:00 A.M.
[Ord. No. 3847, 3-28-2023]
D. At the same time that an applicant applies for a permit under the
provisions of this Section, 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. Any sales tax due shall be paid to the
Director of Revenue within fifteen (15) days after the close of the
event, and failure to do so shall result in a liability of triple
the amount of the tax due plus payment of the tax, and denial of any
other permit for a period of three (3) years. Under no circumstances
shall a bond be required from the applicant.
E. 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.
[R.O. 2009 § 600.075; R.O. 2007
§ 600.085]
A. Notwithstanding any other provision of this Chapter of the Code of the City of Bolivar, in lieu of a permit issued under Section
600.070 of the Code of the City of Bolivar, a permit for the sale of intoxicating liquor as defined in this Chapter for consumption on premises where sold 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 in any fiscal year.
B. To secure the permit, the applicant shall
file with the City Clerk a copy of the completed form provided by
the Supervisor of Liquor Control for the State of Missouri for a temporary
license as authorized by this Section; however, no applicant shall
be required to furnish a personal photograph as part of the application.
C. If the event will be held on a Sunday,
the permit shall authorize the sale of intoxicating liquor on that
day beginning at 6:00 A.M.
[Ord. No. 3848, 3-28-2023]
[R.O. 2009 § 600.080; R.O. 2007
§ 600.090]
A. Other provisions of this Chapter to the
contrary notwithstanding, a permit for the sale of wine and malt liquor
for consumption on the premises where sold may be issued to any church,
school, civic, service, fraternal, veteran, political or charitable
club or organization for sale of such wine and malt liquor at any
picnic, bazaar, fair, festival or similar gathering or event held
to commemorate the annual anniversary of the signing of the Declaration
of Independence of the United States. Such permit shall be issued
only during the period from June 15 to July 15 annually and only for
the day or days named therein and it shall not authorize the sale
of wine and malt liquor except between the hours of 10:00 A.M. and
Midnight and for not more than seven (7) days by any such organization.
The permit may be issued to cover more than one (1) place of sale
within the general confines of the place where the gathering or event
is held; provided, however, no permit shall be issued to any organization
which selects or restricts the membership thereof on the basis of
race, religion, color, creed or place of national origin. No provision
of this Chapter shall prevent any wholesaler or distributor from providing
customary storage, cooling or dispensing equipment for use by the
holder of the permit at such gathering or event.
B. As used in this Section, the term "wine"
means a beverage containing not in excess of fourteen percent (14%)
of alcohol by weight.
[R.O. 2009 § 600.085; R.O. 2007
§ 600.095]
A. It shall be unlawful for any person holding
a license for the sale of malt liquor only to possess, consume, store,
sell or offer for sale, give away or otherwise dispose of upon or
about the premises mentioned in said license or, upon or about said
premises, to suffer or permit any person to possess, consume, store,
sell or offer for sale, give away or otherwise dispose of any intoxicating
liquor of any kind whatsoever other than malt liquor brewed or manufactured
by the method in the manner and of the ingredients required by the
laws of this State. Upon a conviction under this Section becoming
final, the license of the person so convicted shall forthwith, and
without other or further action, order or proceeding, be deemed to
have been revoked and shall by the licensee be forthwith surrendered
to the City Clerk and canceled.
B. No license for the sale of malt liquor
only shall be issued to any person having in his/her possession or
on the premises to be licensed a Federal excise or occupational tax
stamp or receipt designating such person or premises as the person
or place for dealing in intoxicating liquor other than malt liquors
or evidencing the payment of a tax for being a dealer in liquors other
than malt liquors. If any person having a license for the sale of
malt liquors only shall have in his/her possession or on the licensed
premises a Federal excise or occupational tax stamp or special tax
receipt designating such person or premises as the person or place
for dealing in intoxicating liquors, except malt liquors, or evidencing
the payment of a tax for being a dealer in liquor other than malt
liquors, the license of such person shall be revoked by the City Clerk.
In any prosecution for the violation of this Section, evidence that
the defendant has in his/her possession or upon the premises in question
a Federal excise or occupational tax stamp or special tax receipt
designating such person or premises as the person or place for dealing
in intoxicating liquors other than malt liquors or evidencing the
payment of a tax for being a dealer in liquors other than malt liquors
shall be deemed prima facie evidence of a violation of the provisions
of this Section.
C. It shall be unlawful for any person holding
a license for the sale of malt liquor only to have in his/her possession
or upon the licensed premises a Federal excise or occupational tax
stamp or receipt designating such person or premises as the person
or place for dealing in intoxicating liquors, except malt liquors,
or evidencing the payment of a tax for being a dealer in liquor other
than malt liquors or for a term to expire after the expiration of
his/her permit.
[R.O. 2009 § 600.090]
No person having a license issued
pursuant to this Chapter or Chapter 312, RSMo., 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, hotels,
or bowling alleys, this Section shall apply only to the room or rooms
in which intoxicating liquor is dispensed; and where such licenses
are held by restaurants or bowling alleys whose business is conducted
in one (1) room only, 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.
[R.O. 2009 § 600.095]
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 three hundred (300) 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.
[R.O. 2009 § 600.100]
The amount of the license fee to
be paid to the City of Bolivar before any license is issued shall
be one hundred fifty percent (150%) of the amount now or hereafter
set by law for payment to the State of Missouri for the issuance of
a license of the same type for which application is made.
[R.O. 2009 § 600.105; R.O. 2007
§ 600.110]
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 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.
B. Whenever one (1) or more partners of a
partnership withdraws from the partnership, the City Clerk, upon being
requested to do so in writing, 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.
[R.O. 2009 § 600.110; R.O. 2007
§ 600.115; Ord. No. 3674, 8-24-2021]
A. Each
license issued pursuant to this Chapter shall run from July 1 to June
30 of the following year and the fees for such licenses shall be paid
annually in advance. Licenses may be issued for part of a year for
businesses commenced after July 1 and proportional fees charged based
upon the number of months such license is to run and shall expire
on the June 30 next succeeding the date of such license, unless revoked
for causes herein provided.
B. As
soon as is practical following June 30 of each calendar year, but
in any event not later than July 30 of each calendar year, the City
Clerk will make a list of all liquor licenses issued pursuant to this
Chapter that expired without renewal in that calendar year. The City
Clerk will send notices to all expired liquor license holders at their
last known mailing address notifying them of their expired status
and providing them with not less than ten (10) days and not more than
thirty (30) days from the date of notice to comply with the provisions
of this Chapter, and notifying them of their obligation to immediately
cease the sale of alcoholic beverages pending compliance with the
provisions of this Chapter. Notwithstanding the foregoing provisions,
nothing in this Section will be deemed or construed to waive the City's
right to immediately enforce the provisions of this Chapter against
holders of expired liquor licenses following the expiration or termination
of said license.
[R.O. 2009 § 600.115; R.O. 2007
§ 600.120]
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 other place other than that described therein.
[R.O. 2009 § 600.120]
It shall be unlawful for the holder
of any license authorized by this Chapter, for the sale of any 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 liquor expressly authorized to be sold
by such license, or any kind of liquor used exclusively as an ingredient
in any foods being prepared and sold on the premises.
[R.O. 2009 § 600.125; R.O. 2007
§ 600.130]
No holder of a license under this
Chapter 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.
[R.O. 2009 § 600.130; R.O. 2007
§ 600.140]
No person holding a license or permit
shall sell malt liquor or any other intoxicating liquor in this State
or shall offer for sale any such malt liquor or other intoxicating
liquor whatsoever brewed, manufactured or distilled by one (1) manufacturer
in substitution for or with the representation that any such malt
liquor or other intoxicating liquor is the product of any other brewer,
manufacturer or distiller.
[R.O. 2009 § 600.135; R.O. 2007
§ 600.150]
Applications for renewal of licenses
must be filed on or before May 15 of each calendar year.
[R.O. 2009 § 600.140]
A. It shall be unlawful for any person operating
any premises where food, beverages or entertainment are sold or provided
for compensation, who does not possess a license for the sale of intoxicating
liquor, to permit the drinking or consumption of intoxicating liquor
in the premises, without having a license as in this Section provided.
B. Application for such license shall be made
to the City Clerk on forms to be prescribed by him/her, describing
the premises to be licensed and giving all other reasonable information
required by the form. The license shall be issued upon the payment
of the fee required in this Section. A license shall be required for
each separate premises and shall expire on the June 30 next succeeding
the date of such license. The license fee shall be ninety dollars
($90.00) per year and the applicant shall pay seven dollars fifty
cents ($7.50) for each month or part thereof remaining from the date
of the license to the next succeeding July 1. Applications for renewals
of licenses shall be filed on or before May 1 of each year.
C. The drinking or consumption of intoxicating liquor shall not be permitted in or upon the licensed premises by any person under twenty-one (21) years of age or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Section, the laws of the State of Missouri and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. No person shall be granted a license hereunder unless such person meets the same requirements as set forth in Section
600.020 of this Chapter.
D. Any premises operated in violation of the
provisions of this Section, or where intoxicating liquor is consumed
in violation of this Section, is hereby declared to be a public and
common nuisance, and it shall be the duty of the City Attorney to
enjoin such nuisance.
E. Any person operating any premises, or any
employee, agent, representative, partner, or associate of such person,
who shall knowingly violate any of the provisions of this Section,
or any of the laws or regulations herein made applicable to the conduct
of such premises, is guilty of an ordinance violation.
F. The City is hereby empowered to promulgate
regulations that are not inconsistent with the laws or regulations
of the State of Missouri that are necessary or reasonably designed
to enforce or construe the provisions of this Section, and the City
Clerk is empowered to revoke or suspend any license issued hereunder,
as provided in this Chapter, for violation of this Section or any
of the laws or regulations herein made applicable to the conduct of
premises licensed hereunder.
G. 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.
H. No intoxicating liquor may be served or
sold on any premises used as a polling place on election day.
[R.O. 2009 § 600.145]
A. Persons 18 Years Of Age Or Older May Sell
Or Handle Intoxicating Liquor, When.
1.
Except as otherwise provided in this
Section, no person under the age of twenty-one (21) years shall sell
or assist in the sale or dispensing of intoxicating liquor.
2.
In any place of business licensed
in accordance with this Chapter, persons at least eighteen (18) years
of age may stock, arrange displays, operate the cash register or scanner
connected to a cash register, accept payment for, and sack for carry-out,
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.
3.
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.
4. Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a. Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b. Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5.
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.
B. Sales To Minor — Exceptions.
1.
No licensee, his/her employee, or any other person shall procure
for, 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, except that this Section shall not apply to the parent
or guardian of the minor nor 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 such 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 while serving in
the capacity as an employee of a licensed establishment.
2.
Any owner, occupant, or other person or legal entity with a
lawful right to the exclusive use and enjoyment of any property who
knowingly allows a person under the age of twenty-one (21) to drink
or possess intoxicating liquor or knowingly fails to stop a person
under the age of twenty-one (21) from drinking or possessing intoxicating
liquor on such property, unless such person allowing the person under
the age of twenty-one (21) to drink or possess intoxicating liquor
is his/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
The defendant sold the intoxicating liquor to the minor with
reasonable cause to believe that the minor was twenty-one (21) or
more years of age; and
c.
To purchase the intoxicating liquor, the person exhibited to
the defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document, containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
C. Misrepresentation Of Age By Minor To Obtain
Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards,
Penalties.
1.
No person under the age of twenty-one
(21) years shall represent, for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, that he/she has
attained the age of twenty-one (21) years, except in cases authorized
by law.
2.
In addition to Subsection
(C)(1) of this Section, no person under the age of twenty-one (21) years shall use 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.
D. Minors In Possession Of Intoxicating Liquor.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section
600.005, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
2.
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, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
a.
"Full information" is limited to the following:
(1) The type of test administered and the procedures
followed;
(2) The time of the collection of the blood or breath
sample or urine analyzed;
(3) The numerical results of the test indicating the
alcohol content of the blood and breath and urine;
(4) The type and status of any permit which was held
by the person who performed the test;
(5) If the test was administered by means of a breath-testing
instrument, the date of performance of the most recent required maintenance
of such instrument.
b.
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
3.
Exception.
a.
The provisions of this Subsection shall not apply to a student
who:
(1) Is eighteen (18) years of age or older;
(2) Is enrolled in an accredited college or university
and is a student in a culinary course;
(3) Is required to taste, but not consume or imbibe,
any beer, ale, porter, wine, or other similar malt or fermented beverage
as part of the required curriculum; and
(4) Tastes a beverage under Subsection(D)(3)(a)(3)
of this Section only for instructional purposes during classes that
are part of the curriculum of the accredited college or university.
b.
The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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.
[R.O. 2009 § 600.150; R.O. 2007
§ 600.200]
A. A valid and unexpired operator's or chauffeur's
license issued under the provisions of Section 302.177, RSMo., or
a valid and unexpired operator's or chauffeur's license issued under
the laws of any State or territory of the United States to residents
of those States or territories, or a valid and unexpired identification
card as provided for under Section 302.181, RSMo., or a valid and
unexpired identification card issued by any uniformed service of the
United States, or a valid and unexpired passport shall be presented
by the holder thereof upon request of any Police Officer or any licensee
or the servant, agent or employee thereof for the purpose of aiding
the licensee or the servant, agent or employee to determine whether
or not the person is at least twenty-one (21) years of age when such
person desires to purchase or consume alcoholic beverages procured
from a licensee. Upon such presentation the licensee or the servant,
agent or employee thereof shall compare the photograph and physical
characteristics noted on the license, identification card or passport
with the physical characteristics of the person presenting the license,
identification card or passport.
B. Upon proof of the licensee of full compliance
with the provisions of the Section, no penalty shall be imposed if
the court is satisfied that the licensee acted in good faith.
[R.O. 2009 § 600.155]
A. It shall be unlawful for any person in
this City holding a retail liquor license 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. Any person violating
any provision of this Section shall be deemed guilty of an ordinance
violation.
B. Any retailer licensed pursuant to this
Chapter shall not:
1.
Sell intoxicating liquor 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 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.
[R.O. 2009 § 600.160]
When January 1, March 17, July 4
or December 31 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.
[R.O. 2009 § 600.170; R.O. 2007
§ 600.240]
It shall be unlawful for any person
to sell any intoxicating liquors, as defined in this Chapter, within
this State, which have not been inspected and labeled according to
the provisions of State law and, in addition thereto, shall have his/her
license or other authority, giving him/her the right to manufacture
or sell said liquors in this City, revoked and shall not again receive
any such license or other authority for a period of two (2) years
thereafter.
[R.O. 2009 § 600.175; R.O. 2007
§ 600.250]
Before any license is issued or renewed
under the provisions of this Chapter of the Code of the City of Bolivar,
the City Clerk shall require a statement from the Director of Revenue
that the applicant has paid all sales and use taxes due, including
all penalties and interest, or does not owe any sales or use tax and
must have a valid sales tax number issued by the Missouri Department
of Revenue.
[R.O. 2009 § 600.180]
A. The City Clerk or his/her designee may,
in addition to other penalties provided by ordinance, suspend or revoke
a license issued under this Chapter if the licensee or his/her employees
or agents violate any of the following provisions:
1.
An offense resulting in a conviction
involving the use of force or violence upon the person of another
in the operation of the business of the licensee; or
2.
A conviction, plea of guilty or a
finding of guilt of a crime involving a felony or an offense under
Federal or State law, or the ordinances of this or any other municipality,
involving moral turpitude by the licensee or any of the officers or
directors of a corporate licensee, the members of a limited liability
company licensee or a general partner of a partnership licensee or
the managing officer of the licensee; or
3.
Any false, misleading or fraudulent
statement of fact in the license application for the licensee or in
any other document required by the City in conjunction therewith;
or
4.
Violation of any of the provisions
of this Chapter; or
5.
Violation of the laws of the State
or the United States of America or any rule or regulation pertaining
to the sale and licensing of intoxicating liquor; or
6.
Operation of the business in such
a manner that it constitutes a nuisance to the neighborhood in which
it is located; or
7.
Conduct by the officers, members,
partners, 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 similar conduct which
shows improper conduct by an individual who is licensed pursuant to
this Chapter. For purposes of this Section, the term "premises" shall
include the licensed premises, the parking lots and the area around
the business which is owned, used and maintained as part of the business.
B. The City Clerk or his/her designee shall notify the licensee in writing of the intended action and the reasons therefor and of the right to request a hearing in regard thereto. The action indicated in the written notice shall be final unless the licensee shall file a written request for hearing with the City Clerk within ten (10) days of the notice. If a notice of hearing is received, the Director of Finance shall proceed in accordance with Section
600.185.
[R.O. 2009 § 600.185]
Any person who has been denied a
license or renewal thereof by the Director of Finance under this Chapter
or who is licensed pursuant to this Chapter and who has received a
notice of intent to suspend or revoke the license may request a hearing
before the City Administrator or a hearing officer designated by the
City Administrator. Requests for such hearings shall be filed with
the City Clerk within ten (10) days after notice is given of the denial
or the intention to suspend or revoke. Upon receipt of a timely written
request for hearing, the City Administrator, or a hearing examiner
designated by the City Administrator, shall call a hearing and shall
set forth in writing and send to the applicant or licensee or permittee,
by means of registered mail, certified mail or hand delivery, notice
that, within a period of not less than five (5) days and not more
than fourteen (14) days from the date of the mailing of the notice,
a hearing shall be conducted to determine the existence of any facts
which constitute grounds for the denial, suspension or revocation
of a license or permit. The notification shall include the date, time
and place of the hearing. The City Administrator is hereby authorized
to appoint a hearing examiner who shall have authority to conduct
the hearing as set forth in this Section. The applicant or licensee
may have the assistance of counsel or may appear by counsel and shall
have the right to present evidence. If the applicant or licensee fails
to appear at the hearing, the evidence of the existence of facts which
constitute grounds for the denial, suspension or revocation of the
license or permit shall be considered unrebutted. The hearing need
not be conducted according to the rules of evidence. Any relevant
evidence may be admitted and considered by the City Administrator
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs. Objections to evidence
shall be noted and a ruling given by the hearing officer. The hearing
officer shall have authority to rule on all issues of law and fact.
A copy of the decision of the hearing officer specifying findings
of fact and the reasons for the decision shall be furnished to the
applicant or licensee. The final decision shall be issued in written
form within thirty (30) days of the completion of the hearing. For
purposes of appeal, the decision of the hearing officer shall be final.
Upon a final decision being rendered, the parties shall be informed
of the right to appeal under the provisions of the Administrative
Procedure Act, Chapter 536, RSMo. Any decision not appealed within
thirty (30) days from the date of a decision is final. Upon receipt
of the notice of appeal, the record shall be prepared immediately
and filed with the appropriate court and the hearing officer's order
shall be stayed.
[R.O. 2009 § 600.190]
Whenever the City has revoked a license
issued pursuant to the provisions of this Chapter, it shall be necessary
before any license is issued to operate a liquor establishment at
the same location that the procedures for issuance of a license be
followed as set forth in this Chapter.
[R.O. 2009 § 600.195]
Before the City Clerk renews a liquor license issued under this Chapter, the Clerk shall determine if the applicant has complied with the laws of the City pertaining to liquor establishments. If the Clerk determines that the applicant has failed to comply with the ordinances of the City, the Clerk shall not issue the license and shall notify the applicant pursuant to Section
600.185.
[R.O. 2009 § 600.200; R.O. 2007
§ 600.280]
In case of revocation or forfeiture
of any license granted and issued under the provisions of this Chapter
for cause or otherwise, the City shall in no event return any part
of the license fee paid for such license.
[R.O. 2009 § 600.205; R.O. 2007
§ 600.290]
All fees collected by the City Clerk
as provided for in this Chapter, including licenses, inspection and
gauging fees, shall be paid into the City Treasury to the credit of
the general City revenue fund.
[R.O. 2009 § 600.210; R.O. 2007
§ 600.300]
A. Any room, house, building, boat, vehicle,
structure or place of any kind where intoxicating liquor is sold,
manufactured, kept for sale or bartered in violation of this Chapter
and all intoxicating liquors and all property kept and used in maintaining
such a place and any still, doubler, worm, worm tub, mash tub, fermenting
tub, vessel, fixture or other property of any kind or character used
or fit for use in the production or manufacture of intoxicating liquor
is hereby declared to be a public and common nuisance, and it shall
be unlawful for any person to maintain or assist in maintaining such
public and common nuisance.
B. If a person has knowledge or reason to
believe that his/her property, real or personal, vehicle, boat or
structure is occupied or used for the manufacture, sale, storing,
keeping or bartering of intoxicating liquor in violation of the provisions
of this Chapter and suffers the same to be so used or maintains or
keeps therein any still, doubler, worm, worm tub, mash tub, fermenting
tub or fixture used or fit for use in the production or manufacture
of intoxicating liquor illegally, after such knowledge or reason to
believe such property shall be subject to a lien for and may be sold
to pay all fines and costs assessed against the occupant of such building
or property for any violation of this law occurring after the passage
thereof, which said lien shall attach from the time of filing of notice
of commencement of the suit in the office where the records of the
transfer of real estate are kept and any such lien may be established
and enforced by legal action instituted for that purpose in any court
having jurisdiction.
C. Such lien shall be released upon final
judgment assessing no fines or costs or by paying the final judgment
assessing fine and cost.
[Ord. No. 3746, 7-26-2022]
A. Issuance
Of Temporary Outdoor Consumption Permit. The Board of Aldermen may,
when in the Board of Aldermen's sole discretion, it deems it beneficial
to fostering community spirit and tourism, issue a temporary outdoor
consumption permit in a defined area as may be approved by the Board
of Aldermen in the Board of Aldermen's sole discretion and upon such
conditions as the Board of Aldermen may deem appropriate. The temporary
outdoor consumption permit may only be issued after proper application
has been received by the City Clerk. The Board of Aldermen may place
such terms and conditions on the temporary outdoor consumption permit
as it in its sole discretion deems appropriate.
B. Conditions
Of Temporary Outdoor Consumption Permit. Within the permit area and
during the times of the permit:
1. Sections
225.670 and
225.750 (regarding noise abatement) of this code (and any amendments thereto) may be suspended or modified.
2. The granting of the permit shall authorize the closing of only the
specific streets required within the permit area as approved by the
Board of Aldermen.
3. The permit holder may exclude from the permit area any person or
persons who are disrupting the activities of the permit holder. The
term disrupting, shall include, but is not limited to, loud noise,
obstructing the view of others, obstructing the flow of pedestrian
traffic, or interfering with the permit holder's staff or volunteers;
provided, however, the term shall not be construed to allow the permit
holder to prohibit distribution of petitions, pamphlets, or speech
which is not disruptive.
4. No person shall possess alcohol within the permit area except in
a container issued by the permit holder or his or her designee(s)
(hereinafter "event cup"). The event cup shall be plastic, conspicuous,
and unique to the event.
5. Any establishment within the permit area agreeing to follow the rules found here and which is properly licensed to sell liquor by the drink may sell beer or liquor in an event cup which the purchaser may consume on any public street or sidewalk within the permit area. All persons purchasing any beverage in an event cup must be twenty-one (21) years of age or over and the establishment shall place a wristband, as designated by the permit holder for the event, on the person's wrist to indicate that said person is twenty-one (21) years of age or over. Alternatively, wristbands may be placed on such persons at a central specified location within the permitted area. The wristband must remain on the person's wrist at all times when consuming alcohol on the streets or sidewalks within the permit area. No establishment shall sell alcohol for outside consumption to someone who is not wearing such a wristband. Persons with a proper wristband and drinking from an event cup and who are within the permit area shall not be considered to be carrying an open container and not be subject to Sections
225.1870 or
230.010 of this Code.
6. Persons violating this Section shall be guilty of an ordinance violation subject to the penalties as set forth in Section
100.220 of this Code, and/or may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period. Establishments not following this Section may lose the ability to participate in future events.
7. All other provisions of the City ordinances not specifically suspended
or modified herein shall remain in full force and effect.
C. Application
Form. The application must:
1. Be signed by an individual authorized to sign on behalf of the applicant.
2. Be on a form provided by the City and specify the nature of the event,
the dates, times, and location of the event, and the public safety
plan for the event.
3. Be submitted at least seven (7) business days prior to the Board
of Aldermen meeting at which the application is to be considered.
D. Rules
Applicable To Permit Area. During the period that the permit is in
effect:
1. No glass containers of any kind shall be permitted within the permit
area during its periods of operation.
2. No alcoholic beverages in open containers of any kind, other than
event cups, shall be permitted within the permit area during the event.
3. The permit holder shall clearly mark the boundaries of the permitted
area, in a manner acceptable to the Chief of Police or his or her
designee, clearly indicating where open containers are and are not
permitted.
4. The permit holder shall be responsible for cleaning up trash after
the event and restoring streets and sidewalks to pre-event condition.
E. Permit
Fee. The fee for a temporary outdoor consumption permit shall be twenty-five
dollars ($25.00) and shall be submitted with the application. The
fee shall be refunded if the permit is denied by the Board of Aldermen
or if the terms and conditions imposed on the permit are rejected
by the applicant and the application withdrawn prior to the event.
[R.O. 2009 § 600.220; R.O. 2007
§ 600.310; Ord. No. 1192 § 2, 1-9-1992]
Any person violating any of the provisions of this Chapter, except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of an ordinance violation and shall be punished in accordance with Section
100.220 of this Code. Upon final conviction of any person for a violation of any provision of this Chapter, said conviction shall automatically operate to revoke the license hereunder issued to such person. As used herein, the term "conviction" shall mean conviction upon final termination of any prosecution for the violation of this Chapter. No person having been convicted of the violation of any of the provisions of this Chapter shall be issued a license or a renewal thereof for a period of two (2) years from the date of conviction.