[Code 1975 §14.43(1); CC 1989 §3-1; Ord. No. 4441, 7-26-2021]
The purpose of this Chapter is to regulate the sale of alcoholic
beverages in the City. Where the provisions of this Chapter are in
conflict with other Sections of this Code, the provisions of this
Chapter shall govern.
[Code 1975 §14.43(2); CC 1989 §3-2; Ord. No. 3601
§1, 6-27-2011; Ord. No. 3636 §1, 11-29-2011; Ord. No. 4441, 7-26-2021]
As used in this Chapter, the following terms shall have the
meanings indicated in this Section:
Alcohol for beverage purposes, 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%). All beverages having an alcoholic content of
less than one-half of one percent (0.5%) by volume shall be exempt
from the provisions of this Chapter, but subject to inspection as
provided by Sections 196.365 to 196.445, RSMo.
Any person holding a valid current license or permit under
this Chapter.
A person in a corporation's employ, either as an officer
or an employee who is vested with the general control and superintendence
of a whole, or particular part of, the corporation's business
at a particular place. If the office of the managing officer of a
corporation licensed under this Chapter becomes vacant, the licensee
must secure a managing officer qualified under this Chapter within
fifteen (15) days after such vacancy occurs in order for the license
issued hereunder to remain valid and in effect.
Any person under the age of twenty-one (21) years.
Any sealed original package containing one (1) or more intoxicating
beverages.
Any individual, association, joint stock company, syndicate,
club, copartnership, corporation, receiver, trustee, conservator or
other officer appointed by any State or Federal Court.
The place where intoxicating liquor is sold and it may be
one (1) room, a building comprising several rooms, or a building or
buildings and the entire lot or lots, parcel or parcels of land on
which such buildings are situated, or which are used in connection
with said building.
The sale of individual intoxicating beverages for consumption
on the premises.
[Ord. No. 4441, 7-26-2021]
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to this law, or intoxicating liquor lawfully acquired at the place
of acquisition and legally transported into this State, and lawfully
inspected, gauged and labeled as provided for in this law; such intoxicating
liquor to be used in connection with the business of a druggist, in
compounding medicines or as a solvent or preservant; provided, that
nothing in this law shall prevent a regularly licensed druggist, after
he/she procures a license therefor in compliance with this law, from
selling intoxicating liquor in the original packages, but not to be
drunk or the packages opened on the premises where sold; and provided
further, that nothing in this Chapter shall be construed as limiting
the right of a physician to prescribe intoxicating liquor in accordance
with his/her professional judgment for any patient at any time, or
prevent a druggist from selling intoxicating liquor to a person on
prescription from a regularly licensed physician as above provided.
[Code 1975 §14.43(11)(e); CC 1989 §3-4; Ord. No.
1166 §1, 2-8-1988; Ord. No. 4441, 7-26-2021]
No person, or their employee or agent, except as otherwise permitted
under this Chapter, shall give away, or otherwise dispose of, or suffer
the same to be done upon or about his/her premises, any intoxicating
liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M.
on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M.
on the following Monday. Sales of intoxicating liquor between 9:00
A.M. and 12:00 Midnight on a Sunday are prohibited unless such person
has a license permitting the sale of intoxicating liquor on Sundays,
issued in accordance with the provisions of this Chapter.
[Code 1975 §14.43(11)(f); CC 1989 §3-5; Ord. No.
1802 §1, 11-14-1994; Ord. No.
4441, 7-26-2021]
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, but who
does not have a license permitting sales on Sunday, may be open for
business and sell intoxicating liquor by the drink under the provisions
of such license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any other
provision of law or ordinance to the contrary.
[Code 1975 §14.43(11)(h); CC 1989 §3-6; Ord. No. 4441, 7-26-2021]
Hotels holding licenses in their names authorizing retail sale
of intoxicating liquor by the drink for consumption on the premises
where sold may maintain as many bars as they like on the licensed
premises; provided that, the places at which it is sold by the drink
shall, in all respects, comply with all provisions of State law and
with all other ordinances and regulations of the City, and such bars
shall be easily visible from some hallway, lobby or mezzanine, or
other part of the hotel; provided further, that hotels may dispense
intoxicating liquor throughout the whole of the hotel.
[Code 1975 §14.43(11)(i); CC 1989 §3-7; Ord. No. 4441, 7-26-2021]
A.
Retailers shall not place or permit the placing of any object on
or within the windows of premises covered by licenses which shall
impede or obstruct vision from the exterior into the interior. This
prohibition shall include illuminated signs, floral decorations, posters,
placards, paintings, or writings, and all other similar pieces and
designs.
B.
In case Venetian blinds are used in windows, slats shall be removed
entirely across the blinds so as to make a visible space beginning
at four (4) feet from the sidewalk extending six (6) feet above the
sidewalk, if such Venetian blinds are kept closed. If the Venetian
blinds are kept open it shall not be necessary to remove such slats,
provided the slats shall at all times be horizontally adjusted so
that the flat surfaces thereof are parallel with the floor of the
licensed premises.
C.
If curtains are used, they must be drawn apart so as to permit a
clear view into the interior of the premises.
[Code 1975 §14.43(11)(j); CC 1989 §3-8; Ord. No. 4441, 7-26-2021]
No holder of a retail license shall use illuminated brand signs
exclusively for illuminating the premises. Sufficient light must be
maintained at all times to ensure clear visibility into and within
the interior of the premises.
[Code 1975 §14.43(11)(k); CC 1989 §3-9; Ord. No. 4441, 7-26-2021]
A.
The use by the licensee of any public speaking system, transmitter, sound device, or any other type of device, mechanical or electric, to emit and direct music, spoken words, sounds or noise of any kind either from inside or outside of the premises to the sidewalks, streets, or areas adjoining the licensed premises is prohibited. Nothing contained herein shall be interpreted as prohibiting a licensee from having outside music or entertainment if said licensee has received a conditional use permit permitting such use in accordance with the provisions of Section 405.687 of the City's Municipal Code, as the same may be amended from time to time.
B.
No retail licensee shall allow or cause any sign to be carried or
transported upon any sidewalk, street or highway located in the City.
[Ord. No. 3601 §2, 6-27-2011; Ord.
No. 3863 §1, 11-24-2014; Ord. No. 3920 §1, 9-14-2015; Ord. No. 4441, 7-26-2021]
Upon filing of an application for a license under this Article, such application shall be presented to the Board of Aldermen; and, upon approval of such application by a majority of the Board and upon payment of the license fee provided for in Section 600.280, the Finance Director shall issue a liquor license to the applicant to conduct such business in the City.
[1]
Editor's Note — Ordinance no. 3601 §2 adopted June
27, 2011, repealed section 600.100 "Conduct of business" and enacted
new provisions set out herein. Former section 600.100 derived from
Code 1975 §14.43(11)(l) and CC 1989 §3-10.
[Code 1975 §14.43(11)(m)(i) — (iii); CC 1989 §3-11; Ord. No. 4441, 7-26-2021]
A.
The holder of a license authorizing the retail sale of intoxicating
liquor by the drink at retail for consumption on the premises where
sold may sell such intoxicating liquor in any quantity, not for resale,
but shall not possess any spirituous liquor in any container in the
capacity of more than one (1) gallon or any wine in any container
having a capacity of more than four and nine-tenths (4.9) gallons.
B.
No licensee shall sell, give away or possess any spirituous liquor
from or in any container when such intoxicating liquor is not set
out on the manufacturer's label on such container, or does not
have alcoholic content shown on the manufacturer's label.
C.
No retail licensee may bottle any intoxicating liquor from any barrel
or other container nor may be/she refill any bottle or add to the
contents thereof from any barrel or other container.
[Code 1975 §14.43(11)(m)(iv); CC 1989 §3-12; Ord. No. 4441, 7-26-2021]
Any licensee selling intoxicating liquor by the drink at retail
for consumption on the premises where sold, when requested to serve
a particular brand or type of intoxicating liquor, shall not substitute
another brand or type of intoxicating liquor.
[Code 1975 §14.43(11)(n); CC 1989 §3-13; Ord. No. 4441, 7-26-2021]
All licensees under this Chapter shall allow the licensed premises
and all portions of the building thereof, including all rooms, cellars,
outbuildings, passageways, closets, vaults, yards, attics, and all
buildings used in connection with the operations carried on under
such license and which are in his/her possession or under his/her
control, and all places where they keep or have liquor stored, to
be inspected by such persons as the Board of Aldermen may designate.
Licensees shall cooperate fully with such person during the inspection.
[Code 1975 §14.43(11)(o); CC 1989 §3-14; Ord. No. 4441, 7-26-2021]
A.
No merchant or keeper of any place of business in the City, or employee
of such merchant or keeper, shall suffer or permit any minor to drink
or consume, on the premises on which his/her business is conducted,
any intoxicating liquor, however acquired, nor shall such person sell,
give, lend, permit the use of or dispensing of, or otherwise dispose
of any soda water, ginger ale, water, ice, glass, spoon, container
or receptacle to any person with the intent or knowledge that the
same will be consumed or used in connection with the consumption by
a minor of any intoxicating liquor on the premises.
B.
No minor may remain or loiter in any place of business where intoxicating
liquors are sold at retail by the drink for consumption on the premises,
unless accompanied by the minor's parent or legal guardian. This
provision shall not be construed to prohibit a minor from being in
a place of business where intoxicating liquors are sold at retail
by the drink for consumption on the premises, for the purpose of purchasing
or consuming merchandise other than such intoxicating liquors, including
food, even though not accompanied by the minor's parent or legal
guardian. No person licensed to sell intoxicating liquors at retail
by the drink for consumption on the premises, or his/her employee,
may allow any minor, unless accompanied by the minor's parent
or legal guardian, to be and remain or to loiter in his/her place
of business. Each such licensee must keep at all times conspicuously
posted in his/her place of business a printed sign displaying in black
letters not less than one (1) inch wide on a white background the
words "Notice — Minors under the age of twenty-one (21) years
are not allowed here unless accompanied by a parent or legal guardian."
The maintenance of such a sign, however, will not excuse any licensee
from the obligations imposed by this Chapter.
[Ord. No. 4441, 7-26-2021]
Any licensee under this Chapter, or his/her employee, who shall
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, or to any person intoxicated or appearing to be in a state
of intoxication and any person whomsoever except his/her parent or
guardian who shall procure for, sell, give away or otherwise supply
intoxicating liquor to any person under the age of twenty-one (21)
years, or to any intoxicated person or any person appearing to be
in a state of intoxication shall be deemed guilty of a misdemeanor,
except that this Section shall not apply to the supplying of intoxicating
liquor to a person under the age of twenty-one (21) years for medical
purposes only, or to the administering of such intoxicating liquor
to any person by a duly licensed physician. No person shall be denied
a license or renewal of a license issued under this Chapter solely
due to a conviction for unlawful sale or supply to a minor when serving
in the capacity as an employee of a licensed establishment.
[Ord. No. 3074 §1, 10-24-2005; Ord.
No. 4441, 7-26-2021]
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.020, or who is visibly intoxicated as defined in Section 345.010, or has a detectable blood alcohol content of two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of an ordinance violation. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
[Ord. No. 4441, 7-26-2021]
B.
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
and accept payment for, and sack for carryout, intoxicating liquor.
Delivery of intoxicating liquor away from the licensed business premises
cannot be performed by anyone under the age of twenty-one (21) years.
Any licensee who employs any person under the age of twenty-one (21)
years, as authorized by this Subsection, shall, when at least fifty
percent (50%) of the licensee's gross sales does not consist
of non-alcoholic sales, have an employee twenty-one (21) years of
age or older on the licensed premises during all hours of operation.
C.
In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed, and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
D.
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating beverages.
[Ord. No. 4441, 7-26-2021]
A.
The operator's or chauffeur's license issued under the
provisions of Section 302.177, RSMo., or the operator's or chauffeur's
license issued under the laws of the States of Arkansas, Illinois,
Oklahoma, Kansas, or Iowa to residents of those states, or an identification
card as provided for under Section 302.181, RSMo., or the identification
card issued by any uniformed service of the United States, or a valid
passport shall be presented by the holder thereof upon request of
any agent of the Division of Liquor Control 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 by the licensee of full compliance with the provisions
of this Section, no penalty shall be imposed if the supervisor of
the Division of Liquor Control or the courts are satisfied that the
licensee acted in good faith.
C.
No person shall, without authorization from the Department of Revenue,
reproduce, alter, modify, or misrepresent any chauffeur's license,
motor vehicle operator's license or identification card.
[Ord. No. 4441, 7-26-2021]
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.
[Code 1975 §14.43(11)(s); CC 1989 §3-18; Ord. No. 4441, 7-26-2021]
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 the 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 a municipal ordinance violation and subject to the penalties provided for in Section 600.260 herein.
[Code 1975 §14.43(12); CC 1989 §3-19; Ord. No.
3232 §1, 5-31-2007; Ord. No. 3342 §1, 5-28-2008; Ord. No.
3436 §2, 6-23-2009; Ord. No. 3601 §3, 6-27-2011; Ord. No. 4441, 7-26-2021]
A.
Licenses authorizing the retail sale of intoxicating liquor by the
drink may be issued to qualified applicants for consumption on the
premises where sold.
B.
No person may sell intoxicating liquor by the drink at retail for
consumption on the premises where sold without a license therefor.
C.
Licenses authorizing the retail sale of intoxicating liquor by the drink on Sunday between the hours of 9:00 A.M. and 12:00 Midnight may be issued to qualified applicants who meet the requirements of this Section, after paying the additional fee as prescribed in Section 600.280(A)(2).
[Ord. No. 3920 §3, 9-14-2015; Ord.
No. 4441, 7-26-2021]
A.
For the privilege of manufacturing intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight and
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight to, by or through
a duly licensed wholesaler within this State, there shall be paid
and collected a license fee of two hundred dollars ($200.00).
B.
A condenser to recapture energy and odors from brewing operations
must be installed on the roof stack.
[1]
Editor's Note: Former Section 600.220, Sale By The Drink —
Intoxicating Liquor — Generally, which derived from Code 1975
§14.43(13); CC 1989 §3-20; Ord. No. 1275 §2, 3-27-1989;
Ord. No. 1802 §2, 11-14-1994; Ord. No. 3601 §4, 6-27-2011,
was repealed by Ord. No. 4441, 7-26-2021.
[Code 1975 §14.43(15); CC 1989 §3-23; Ord. No.
2051 §1, 3-10-1997; Ord. No. 2062 §1, 3-24-1997; Ord. No.
2084 §1, 3-27-1997; Ord. No. 2109 §1, 7-28-1997; Ord. No.
3493 §1, 1-11-2010; Ord. No. 3601 §7, 6-27-2011; Ord. No. 4441, 7-26-2021]
A.
No person may sell intoxicating liquor at retail, in the original
package, not to be consumed on the premises where sold, without having
a license therefor.
B.
No person shall, after having obtained such license, cause or permit
any intoxicating liquor so sold in its original package to be opened
or consumed in or upon any part of the premises of the licensee. There
shall be displayed, in full view of the public, an appropriate notice
that no sales of intoxicating liquor will be made to minors, or on
Sundays (if the licensee does not also have a license permitting the
sale of intoxicating liquor on Sundays), or at other times when forbidden
by law, and that the opening or consumption of the same upon any part
of the premises is prohibited. Any violation of this provision shall
be sufficient grounds upon which to revoke or suspend the license
herein provided for.
C.
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 this Section and Sections 311.200
and 311.293, RSMo., and who has obtained a special permit from the
State Supervisor of Liquor Control to conduct wine and/or liquor tasting
on the licensed premises, may conduct wine and/or liquor tasting on
the licensed premises, provided such licensed premises are in excess
of five thousand (5,000) square feet.
D.
Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption unless licensed under Section 600.280(A)(1) and/or (2).
[1]
Editor's Note: Former Section 600.230, Sale By The Drink —
Malt Liquors and Light Wines, which derived from Code 1975 §14.43(14);
CC 1989 §3-21; Ord. No. 3436 §1, 6-23-2009; Ord. No. 3601
§5, 6-27-2011, was repealed by Ord. No. 4441, 7-26-2021.
[CC 1989 §3-26; Ord. No. 1688 §1, 6-14-1993; Ord. No. 1802 §3, 11-14-1994; Ord. No. 3453 §1, 9-15-2009; Ord. No. 4441, 7-26-2021]
A.
Licenses authorizing the retail sale of intoxicating liquor in the original package, at retail, not to be consumed on the premises where sold, on Sunday between the hours of 9:00 A.M. and 12:00 Midnight may be issued to qualified applicants for package liquor licenses, as defined in Section 600.230.
B.
An applicant for a Sunday retail package sales license shall first obtain a license authorizing the sale of intoxicating liquor in the original package, at retail, not to be consumed on the premises where sold, as described in Section 600.280(A)(4) of this Chapter.
C.
Premises for which a Sunday retail package sales license is sought
shall be exactly the same as those premises covered by an existing
retail package sales license.
[Code 1975 §14.43(22); CC 1989 §3-24; Ord. No. 4441, 7-26-2021]
A.
It shall be the duty of the Police Department to see that the provisions
of this Chapter and of other ordinances of the City regarding the
sale of intoxicating liquor are obeyed, and to report to the Board
of Aldermen any place where intoxicating liquor is sold at retail
which is not kept in an orderly manner or is in violation of any of
the provisions hereof, or of any person selling intoxicating liquor
in the City without a license.
B.
After a license/permit has been issued under this Chapter the Board
of Aldermen may, at any reasonable time, direct the Chief of Police,
through his/her duly authorized agents or employees or through such
other departments or persons as the Board of Aldermen shall from time
to time designate, to conduct a new investigation of the licensee
and/or of the premises. The result of such subsequent investigations
shall be reported to the Board of Aldermen.
C.
The Police Department shall file a report concerning violations of
this Chapter or Chapter 311, RSMo., with the Finance Director and
with the Supervisor of Liquor Control.
[Code 1975 §14.43(24); CC 1989 §3-25; Ord. No. 4441, 7-26-2021]
Any person violating any provision of this Chapter shall be deemed guilty of a municipal ordinance violation, and, for each such offense, such violator shall be subject to punishment as provided in Section 100.150 of this Code.
[Code 1975 §14.43(4), (11)(b), (g); CC 1989 §3-41;
Ord. No. 2312 §1, 2-22-1999; Ord. No. 4441, 7-26-2021]
A.
Generally. It shall be unlawful for any person to sell or expose
for sale in this City, intoxicating liquor, as herein defined, in
any quantity without a license from the City.
B.
For Each Location. A separate license/permit under this Chapter shall be required for each location at which intoxicating liquor is sold by any licensee. Every license/permit issued under the provisions of this Chapter shall particularly describe the place at which intoxicating liquor may be sold thereunder, which place must be wholly within the building (except as provided in Section 600.300 of this Chapter), and such license/permit shall not be deemed or authorized to permit the sale of intoxicating liquor at any place other than that described therein. Notwithstanding anything in this Chapter 600 to the contrary, any person lawfully holding a conditional use permit for outside dining authorized pursuant to Section 405.630 of the City's Zoning Code (being Title IV of the Municipal Code of Ordinances), may serve intoxicating liquor or in the outside dining area approved by such permit, provided that person has received and is in compliance with all necessary permits otherwise required by the State of Missouri and the City of Town and Country for the sale of alcoholic beverages on the premises.
C.
Sunday Sales. Notwithstanding any other provision of this Chapter
to the contrary, any person who possesses the qualifications required
by this Chapter and who hereafter meets the requirements of and complies
with the provisions of this Chapter may apply for, and upon the approval
of the Board of Aldermen may be issued, a license/permit to sell intoxicating
liquors on Sunday by the drink, at retail, for consumption on the
premises. Persons holding such a license/permit shall comply with
all provisions of the State law and with all other ordinances and
regulations of the City relating to the sale of liquor by the drink
for consumption on the premises where sold.
[Code 1975 §14.43(3); CC 1989 §3-42; Ord. No. 1275,
§§1, 3, 3-27-1989; Ord. No. 1505 §1, 5-13-1991; Ord.
No. 1688 §2, 6-14-1993; Ord. No. 1802 §4, 11-14-1994; Ord.
No. 3475 §1, 12-15-2009; Ord. No. 3920 §4, 9-14-2015; Ord. No. 4441, 7-26-2021]
A.
For the purposes of this Chapter, the following classes of licenses
and permits are hereby created, and the following fees shall be charged
for each type of license issued by the City therefor:
1.
For the sale of all intoxicating liquor by the drink, at retail,
for consumption on the premises where sold and in the original package,
except on Sunday, four hundred fifty dollars ($450.00) per year.
2.
For the sale of all intoxicating liquor by the drink, at retail,
for consumption on the premises where sold and in the original package,
between the hours of 9:00 A.M. and 12:00 Midnight on Sunday, three
hundred dollars ($300.00) per year.
3.
For the sale of all intoxicating liquors in the original package,
at retail, not to be consumed on the premises where sold, one hundred
fifty dollars ($150.00) per year.
4.
For the sale of intoxicating liquor in the original package,
at retail, not to be consumed on the premises where sold between the
hours of 9:00 A.M. and 12:00 Midnight on Sunday, three hundred dollars
($300.00) per year.
5.
For the sale of all intoxicating liquor by the drink, at retail,
for consumption on the premises where sold, and for off-premises consumption
to the extent hereafter permitted by State law except on Sunday, four
hundred dollars ($400.00) per year.
6.
For the sale of all intoxicating liquor by the drink, at retail,
for consumption on the premises where sold, and for off-premises consumption
to the extent hereafter permitted by State law between the hours of
9:00 A.M. and 12:00 Midnight on Sunday, two hundred fifty dollars
($250.00) per year.
7.
For the sale of all intoxicating liquor by the drink, at retail,
for consumption on the premises where sold by caterers and other persons
holding a current intoxicating liquor license issued by the City and
who furnish service for a particular function, fifteen dollars ($15.00)
per day.
8.
For the sale of intoxicating liquor by the drink, at retail,
for consumption on premises where sold by a church, school, civic
or charitable club or organization at a picnic, bazaar, fair or similar
gathering, fifteen dollars ($15.00) per permit.
9.
For the manufacturing of intoxicating liquor containing not
in excess of twenty-two percent (22%) of alcohol by weight and the
privilege of selling to duly licensed wholesalers, two hundred dollars
($200.00).
[Code 1975 §14.43(17); CC 1989 §3-43; Ord. No.
3233 §1, 5-31-2007; Ord. No.
4441, 7-26-2021]
A.
Temporary Caterer's Permit. Upon application to the Finance
Director, a temporary permit may be issued to caterers and other persons
holding a license issued by the City to sell intoxicating liquor by
the drink at retail for consumption on the premises who furnish provisions
and service for use at a particular function, occasion or event at
a particular location other than that for which such caterer or other
person holds such license. Such permit shall be effective for a period
not to exceed one hundred twenty (120) consecutive hours and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which intoxicating liquors may lawfully
be sold or served upon premises licensed to sell intoxicating liquors
for on-premises consumption in the City.
B.
Caterer's License.
1.
The Finance Director may issue a special license to caterers
and other 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 service for
use at a particular function, occasion or event at a particular location
other than the licensed premises, but not including a "festival" as
defined in Chapter 316, RSMo.
2.
The special license shall be effective for an unlimited number
of functions during the year and 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 special license issued pursuant to the provisions of this
Subsection, the licensee shall pay to the Finance Director the sum
of seven hundred fifty dollars ($750.00) a year payable at the same
time and in the same manner as its other license fees.
3.
Caterers issued a special license pursuant to this Subsection
shall report to the Finance Director the location of each function
three (3) business days in advance. The report of each function shall
include permission from the property owner and City, description of
the premises, and the date or dates the function will be held.
4.
Except as provided in the following Subsection of this Section,
all provisions of the liquor control law and the ordinances, rules
and regulations of the City in which is located the premises in which
such function, occasion or event is held shall extend to such premises
and shall be in force and enforceable during all the time that the
licensee, its agents, servants, employees or stock are in such premises.
Except for wines in the original package, the provisions of this Section
shall not include the sale of packaged goods covered by this special
license.
5.
Notwithstanding any other law to the contrary, any caterer who
possesses a valid State and valid local liquor license may deliver
alcoholic beverages in the course of his or her catering business.
A caterer who possesses a valid State and valid local liquor license
need not obtain a separate license for each city the caterer delivers
in, so long as such city permits any caterer to deliver alcoholic
beverages within the city.
[Ord. No. 4441, 7-26-2021]
A.
Notwithstanding any other provision of this Chapter, a permit for
the sale of intoxicating liquor 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.
B.
To secure the permit, the applicant shall complete a form provided
by the City Clerk, but 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 11:00 A.M.
D.
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.
[Code 1975 §14.43(7)(a) — (c), (e) — (h);
CC 1989 §3-46; Ord. No. 4441, 7-26-2021]
A.
Each application for a license/permit to sell intoxicating liquor
of any kind under the provisions of this Chapter shall be filed with
the Finance Director on forms to be required or furnished by the City.
B.
Every applicant for a license/permit to sell intoxicating liquor
at retail must present the following with his/her application:
1.
There must be securely attached to the application, in the space
designated therefor, a recent photograph or clear snapshot of the
individual or individuals signing the application.
2.
A recent photograph of the exterior of the premises about to
be licensed shall be attached to the application.
3.
Every applicant shall submit a copy of his/her tax receipt,
for the year immediately preceding the date of the application, of
the County, town, City or village where he/she resides in the State
or, if the applicant is a corporation, a copy of the tax receipt,
for the year immediately preceding the date of the application, of
the managing officer of such corporation, of the County, town, City
or village in the State where such managing officer resides, or in
lieu thereof an affidavit of the County or City Assessor wherein such
applicant resides, or if the applicant is a corporation, wherein the
managing officer of such corporation resides, stating therein that
the applicant, or the managing officer of such corporation, if a corporation,
owns property for which he/she is legally subject and liable to taxation
in the County, town, City or village where the applicant, or if a
corporation, the managing officer of the applicant, resides, in the
State.
4.
Each application for the license/permit shall be submitted with
the applicable fee. Such fee shall be paid in a manner acceptable
to the City.
C.
Each application form shall be completed in its entirety and shall
also contain such other information which the Board of Aldermen shall
reasonably require.
D.
Each application shall contain the names and addresses of each and
every applicant, including all partners, and each such application
shall be signed and sworn to by each applicant, including all partners.
E.
At the time of the making of an application for a license/permit
hereunder, the applicant shall state specifically the type of business
to be carried on and shall also furnish a complete description of
the premises upon which the applicant proposes to engage in the business
of dispensing and sale of intoxicating liquors, including the specific
places on the premises at which such liquor shall be dispensed and
sold, and also include in the address of the premises, the name and
address of the owner of record of the premises and the land upon which
the building is situated, and the correct legal description of such
premises.
F.
No license/permit shall be granted to an applicant unless he/she
makes full, true and complete answers to all questions in the application.
If any applicant shall make any false answer to any question in the
application or make any false statement of a material matter in his/her
application, it shall be cause for suspension or revocation of any
license/permit issued pursuant to such application.
G.
No agent of the City has any right or authority to authorize any
applicant to exercise the privileges of the license/permit applied
pending its issuance.
[Code 1975 §14.43(8); CC 1989 §3-47; Ord. No. 4441, 7-26-2021]
A.
No person shall be granted a license/permit under this Chapter unless
such person, including all partners, if a partnership, or if the applicant
is a corporation, its managing officer, is of good moral character
and a qualified legal voter and taxpaying citizen of the County, City,
town or village where he/she resides. No person shall be granted a
license/permit hereunder whose license as such a dealer has been revoked,
or who has been convicted since the ratification of the 21st 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 the
provisions of any such law since the date aforesaid.
B.
No person, partnership or corporation shall be qualified for a license
under this Chapter if such person, any member of any such partnership,
or such corporation, or any officer, director, or any stockholder
owning, legally or beneficially, directly or indirectly, ten percent
(10%) or more of the stock of such corporation, or other financial
interest therein, or ten percent (10%) or more of the interest in
the business for which the person, partnership or corporation is licensed,
or any person employed in the business licensed under this Chapter
shall have had a license/permit revoked under this Chapter 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 21st Amendment to the Constitution of the United States, or
shall not be a person of good moral character.
[Code 1975 §14.43(9); CC 1989 §3-48; Ord. No. 4441, 7-26-2021]
A.
The Police Chief, through his/her duly authorized agents or employees
or through such other departments or person who from time to time
may be designated by the Board of Aldermen, shall make an immediate
investigation of the statements contained in the application, and
of the safety and sanitary conditions of the premises, and a written
report of the findings of such investigation shall be made to the
Board of Aldermen.
B.
If the Board of Aldermen shall find that the applicant, including
all partners or if the applicant is a corporation, the managing officer,
meets the necessary qualifications, then the Board of Aldermen may
authorize the issuance of a license/permit to the applicant permitting
him/her to sell intoxicating liquor.
C.
The Board of Aldermen shall have the authority to renew or deny the
license/permit from year to year thereafter and to issue licenses/permits
to the successors or assigns of such persons as hereinafter provided.
D.
If, during the period for which a license/permit is granted pursuant
to the provisions of this Chapter, there is any change in facts or
information differing from those set forth in the original or renewal
application on file with the Board of Aldermen, written notice thereof
must be given to the Finance Director within ten (10) days after such
change occurs.
E.
If the Board of Aldermen authorizes the issuance of a license/permit,
the Finance Director shall issue the license/permit for the terms
set forth below.
F.
If the Board of Aldermen disapproves any application for a license/permit,
the Finance Director shall so notify the applicant in writing, setting
forth therein the grounds and reasons for disapproval, and shall return
therewith the applicant's remittance.
[Code 1975 §14.43(11)(t); CC 1989 §3-51; Ord. No. 4441, 7-26-2021]
No license shall be issued under the provisions of this Chapter
for the sale of intoxicating liquor of any kind where the place of
such sale is within three hundred (300) feet of any school, church
or other building regularly used as a place of religious worship;
except that when a school, church or place of worship shall hereafter
be established, or was established subsequent to any issuance of such
a license, within three hundred (300) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied,
revoked or not renewed solely because of such proximity to said school,
church or place of worship.
[1]
Editor's Note: Former Section 600.340, Qualifications of Licensees,
which derived from Code 1975 §14.43(8); CC 1989 §3-47, was
repealed by Ord. No. 4441, 7-26-2021.
[Code 1975 §14.43(11)(a); CC 1989 §3-52; Ord. No. 4441, 7-26-2021]
Before commencing or doing any business for the time for which
a license/permit has been granted under this Article, said license
or permit and all applicable and required State and Federal licenses
and permits shall be posted and, at all times during the term of the
license/permit, displayed in a conspicuous place on the premises where
such business is carried on, so that all persons visiting the premises
may readily see the same.
[1]
Editor's Note: Former Section 600.350, Procedure For Issuance,
which derived from Code 1975 §14.43(9); CC 1989 §3-48, was
repealed by Ord. No. 4441, 7-26-2021.
[Code 1975 §14.43(11)(c), (20); CC 1989 §3-53; Ord. No. 4441, 7-26-2021]
A.
Generally. Except as herein provided, no license/permit issued under
this Chapter shall be assignable or transferable. 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 Finance Director may transfer
such license to permit the operation of the business of the deceased
for the remainder of the period for which a license fee has been paid
by the deceased. Whenever one (1) or more members of a partnership
withdraws from the partnership the Finance Director, upon being requested,
shall permit the remaining partner, or partners, originally licensed,
to continue to operate for the remainder of the period for which the
license fee has been paid, without obtaining a new license.
[Code 1975 §14.43(11)(d); CC 1989 §3-54; Ord. No. 4441, 7-26-2021]
A.
Whenever a license/permit shall be lost or destroyed without fault
on the part of the licensee or his/her agents, or employees, a duplicate
license/permit in lieu thereof will be issued by the Finance Director
without cost to the licensee. Application for a duplicate license/permit
shall be by affidavit of the licensee which shall set forth:
[Code 1975 §14.43(7)(d), (23); CC 1989 §3-55; Ord. No. 4441, 7-26-2021]
A.
Whenever it is demonstrated to the Board of Aldermen that a person
licensed under the provisions of this Chapter has not, at all times,
kept an orderly place or house, or has violated any of the provisions
of this Chapter or of Chapter 311, RSMo., or has no license from the
State Division of Liquor Control, or has made a false affidavit in
his/her application for a license hereunder, the Board of Aldermen
shall give at least ten (10) days' notice in writing prior to
a hearing thereon to such person, stating the time, place, purpose
and grounds therefor, at which hearing the person may have counsel
and produce witnesses in his/her behalf, and after such hearing the
Board of Aldermen, by a majority vote of the members of the Board
of Aldermen, may, at its discretion, revoke or suspend for any reasonable
time the license of such person.
B.
Before any witness shall testify in any such hearing or proceeding,
he/she shall be sworn by the Mayor, or Acting President of the Board
of Aldermen, to tell the truth, the whole truth and nothing but the
truth.
C.
Violation of any oath taken by a licensee in connection with his/her
application for a license shall be deemed cause for suspension or
revocation of the license where such oath is required, by any Statute
of the State, any regulation of the Supervisor of Liquor Control,
or by this Chapter, to be taken.
[Code 1975 §14.43(10); CC 1989 §3-56; Ord. No. 4441, 7-26-2021]
The licenses issued under the provisions of this Chapter shall
be dated July 1 and shall expire June 30 of the following year, unless
such license shall be revoked, withdrawn, or canceled prior to the
expiration of such date. All license/permit fees shall be paid in
advance with the application as set forth above. Licenses may be issued
for part of a year for business commencing after July 1. If a license
is issued for part of a year, the fee for such license shall be prorated.
The fee shall equal the annual fee times a fraction, the numerator
of which is the number of days from the date of license to June 30
and the denominator of which is three hundred sixty-five (365).
[Code 1975 §14.43(21); CC 1989 §3-57; Ord. No. 4441, 7-26-2021]
Applications for renewal of licenses under this Chapter which are currently valid and in effect shall be filed with the Finance Director on forms to be furnished by the City and setting forth the information required in such form as well as all other such information which the Board of Aldermen shall reasonably require. Such application shall be signed and sworn to by the applicant and shall be accompanied by the applicable fee. The procedure for renewal of licenses under this Chapter shall be the same as provided in Section 600.330 of this Chapter.
