City of Town And Country, MO Alcoholic Beverages

Chapter 600: Alcoholic Beverages

Cross References — Health and sanitation, ch. 225; licenses and miscellaneous building regulations, ch. 605; motor vehicles and traffic, Title III; municipal court, ch. 135; offenses and miscellaneous provisions, ch. 210; police, ch. 200.

Chapter 600 : Alcoholic Beverages

Article I In General

Section 600.010 Purpose.

Section 600.020 Definitions.

Section 600.030 Druggist Exempted From Chapter.

Section 600.040 Hours of Sale — Sale On Sundays.

Section 600.050 Sales On Certain Sundays.

Section 600.060 Hotels.

Section 600.070 Windows.

Section 600.080 Lighting.

Section 600.090 Displays.

Section 600.100 Issuance — Restrictions.

Section 600.110 Containers.

Section 600.120 Substitution of Brands Prohibited.

Section 600.130 Inspections.

Section 600.140 Sales To or Purchases By Minors Restricted.

Section 600.150 Sale To Minor — Certain Other Persons, Misdemeanor — Exceptions.

Section 600.160 Purchase or Possession By Minor, A Misdemeanor — Container Need Not Be Opened and Contents Verified, When — Burden of Proof On Violator To Prove Not Intoxicating Liquor.

Section 600.170 Persons Eighteen Years of Age or Older May Sell or Handle Liquor or Beer, When.

Section 600.180 Identification To Be Presented Upon Request.

Section 600.190 Sale of Beverages Not Authorized By License Prohibited.

Section 600.200 Licensed Retailer To Purchase Only From Licensed Wholesaler.

Section 600.210 Sale By The Drink Regulations — Intoxicating Liquor — Generally.

Section 600.220 Sale By The Drink — Intoxicating Liquor — Restaurants.

Section 600.230 Sale By The Drink — Malt Liquors and Light Wines.

Section 600.240 Twenty-Two Percent Manufacturer — Beer or Wine.

Section 600.250 Retail Package Sales Regulations.

Section 600.260 Retail Package Sales On Sundays.

Section 600.270 Enforcement of Regulations.

Section 600.280 Penalty.

Article II Licenses and Permits

Section 600.290 Required.

Section 600.300 Classification — Fees.

Section 600.310 Sale By Caterers Regulations — Intoxicating Liquor Generally.

Section 600.320 Temporary Permit For Sale By Drink and Non-Intoxicating Beer May Be Issued To Certain Organizations, When, Duration.

Section 600.330 Application.

Section 600.340 Qualifications of Licensees.

Section 600.350 Procedure For Issuance.

Section 600.360 Priority of Issuance or Renewal — Conditions Therefor.

Section 600.370 Restriction On Number Which May Be Issued Per Person.

Section 600.380 License Not To Be Issued For Location Near School, Church — Exceptions.

Section 600.390 Posting Required.

Section 600.400 Transferability — Assignability.

Section 600.410 Lost Licenses or Permits — Replacements.

Section 600.420 Revocation and Suspension.

Section 600.430 Term — Fees To Be Paid Annually in Advance — Licenses Issued For Less Than A Year.

Section 600.440 Renewal.

Article I: In General

Section 600.010 Purpose.

[Code 1975 §14.43(1); CC 1989 §3-1]

The purpose of this Chapter is to regulate the sale of intoxicating liquor, malt liquor, light wines and non-intoxicating beer in the City. The licenses provided for in this Chapter are not intended to be in addition to any license required under Chapter 605, but rather in lieu thereof; therefore, where the provisions of this Chapter are in conflict with other Sections of this Code, the provisions of this Chapter shall govern.

Section 600.020 Definitions. [1]

[Code 1975 §14.43(2); CC 1989 §3-2; Ord. No. 3601 §1, 6-27-2011; Ord. No. 3636 §1, 11-29-2011]

As used in this Chapter, the following terms shall have the meanings indicated in this Section:

GROCERY STORE: Any establishment whose principal business is the sale of staple foodstuffs, household supplies, meats, produce and dairy products at retail, and having on hand at all times a bona fide stock of goods, wares and merchandise, exclusive of fixtures and intoxicating liquors or non-intoxicating beer, of not less than fifteen thousand dollars ($15,000.00). The term "grocery store" shall not include a "convenience store" as defined herein.

INTOXICATING LIQUOR: 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%) by volume except for non-intoxicating beer as defined in this Section. 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.

LICENSEE: Any person holding a valid current license or permit under this Chapter.

LIGHT WINES: Any wines manufactured exclusively from grapes, berries and other fruits and vegetables, containing not in excess of fourteen percent (14%) of alcohol by weight.

MALT LIQUOR: Intoxicating liquor manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water containing in excess of three and two-tenths percent (3.2%) of alcohol by weight, but not in excess of five percent (5%) by weight, and commonly called and known as beer.

MANAGING OFFICER: 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.

MINOR: Any person under the age of twenty-one (21) years.

NON-INTOXICATING BEER: Any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (.5%) by volume, and not exceeding three and two-tenths percent (3.2%) by weight. Pursuant to Ordinance No. 3601 §6, adopted June 27, 2011, which repealed Code Section 600.240, the City no longer issues licenses for the by the drink sale of only non-intoxicating beer.

ORIGINAL PACKAGE: Any package containing three (3) or more standard bottles of malt liquor or non-intoxicating beer, to one-half (½) pint and two hundred (200) milliliters (six and eight tenths (6.8) ounces) or more of spirituous liquors and one hundred eighty seven (187) milliliters (six and three tenths (6.3) ounces) or more of vinous liquors in the manufacturer's original container. A standard bottle is any bottle or can containing sixteen (16) ounces or less of malt liquor or non-intoxicating beer.

PERSON: Any individual, association, joint stock company, syndicate, club, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal Court.

PREMISES: The place where intoxicating liquor or non-intoxicating beer 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.

RESTAURANT: Any establishment having a restaurant or similar facility on the premises and at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.

SALE BY THE DRINK: The sale of any intoxicating liquor, except malt liquor, in the original package, in any quantity less than fifty (50) milliliters or malt liquor in any quantity less than three (3) standard bottles.

[1]

Cross Reference — Definitions and rules of construction generally, §100.030.

Section 600.030 Druggist Exempted From Chapter.

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.

Section 600.040 Hours of Sale — Sale On Sundays.

[Code 1975 §14.43(11)(e); CC 1989 §3-4; Ord. No. 1166 §1, 2-8-1988]

Except as otherwise herein provided, no licensee under this Chapter or any employee of such licensee shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her premises, any intoxicating liquor or non-intoxicating beer 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. 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 licenses authorizing the sale of intoxicating liquor or non-intoxicating beer by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor or non-intoxicating beer is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food or merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigeration, cabinets, cases, boxes and taps from which intoxicating liquor or non-intoxicating beer 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.

Section 600.050 Sales On Certain Sundays.

[Code 1975 §14.43(11)(f); CC 1989 §3-5; Ord. No. 1802 §1, 11-14-1994]

When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of 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.

Section 600.060 Hotels.

[Code 1975 §14.43(11)(h); CC 1989 §3-6]

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.

Section 600.070 Windows.

[Code 1975 §14.43(11)(i); CC 1989 §3-7]

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.

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.

If curtains are used, they must be drawn apart so as to permit a clear view into the interior of the premises.

Section 600.080 Lighting.

[Code 1975 §14.43(11)(j); CC 1989 §3-8]

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.

Section 600.090 Displays.

[Code 1975 §14.43(11)(k); CC 1989 §3-9]

No licensee shall display or allow to be displayed upon the windows or within the premises covered by his/her license where it may be visible from the exterior, any signs or markings which advertise the price of intoxicating liquor or non-intoxicating beer, or the size of containers, glasses or mugs in which such intoxicating liquors or non-intoxicating beers are offered for sale.

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.

No retail licensee shall allow or cause any sign or advertisement pertaining to intoxicating liquor or non-intoxicating beer to be carried or transported upon any sidewalk, street or highway located in the City.

Section 600.100 Issuance — Restrictions. [1]

[Ord. No. 3601 §2, 6-27-2011; Ord. No. 3863 §1, 11-24-2014; Ord. No. 3920 §1, 9-14-2015]

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 600.300, the City Clerk shall issue a liquor license to the applicant to conduct such business in the City; provided, however, that not more than seven (7) licenses for sales qualifying under Section 600.210 shall be issued or shall be in force and effect at any one time; and provided that not more than one (1) license for sales qualifying under Section 600.250B shall be issued or shall be in force and effect at any one time; and provided that not more than two (2) licenses for sales qualifying under Section 600.240 shall be issued or shall be in force and effect at any one (1) time.

[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.

Section 600.110 Containers.

[Code 1975 §14.43(11)(m)(i) — (iii); CC 1989 §3-11]

The holder of a license authorizing the retail sale of intoxicating liquor by the drink or non-intoxicating beer at retail for consumption on the premises where sold, may sell such intoxicating liquor or non-intoxicating beer 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.

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.

No retail licensee may bottle any intoxicating liquor from any barrel or other container nor may he/she refill any bottle or add to the contents thereof from any barrel or other container.

Section 600.120 Substitution of Brands Prohibited.

[Code 1975 §14.43(11)(m)(iv); CC 1989 §3-12]

Any licensee selling intoxicating liquor by the drink or non-intoxicating beer at retail for consumption on the premises where sold, when requested to serve a particular brand or type of intoxicating liquor or non-intoxicating beer, shall not substitute another brand or type of intoxicating liquor or non-intoxicating beer.

Section 600.130 Inspections.

[Code 1975 §14.43(11)(n); CC 1989 §3-13]

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.

Section 600.140 Sales To or Purchases By Minors Restricted.

[Code 1975 §14.43(11)(o); CC 1989 §3-14]

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 or non-intoxicating beer, 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 or non-intoxicating beer on the premises.

No minor may remain or loiter in any place of business where intoxicating liquors or non-intoxicating beer 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 or non-intoxicating beer 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 or non-intoxicating beer, including food, even though not accompanied by the minor's parent or legal guardian. No person licensed to sell intoxicating liquors or non-intoxicating beer 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.

Section 600.150 Sale To Minor — Certain Other Persons, Misdemeanor — Exceptions.

Any licensee under this Chapter, or his/her employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of 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.

Section 600.160 Purchase or Possession By Minor, A Misdemeanor — Container Need Not Be Opened and Contents Verified, When — Burden of Proof On Violator To Prove Not Intoxicating Liquor.

[Ord. No. 3074 §1, 10-24-2005]

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 a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

Section 600.170 Persons Eighteen Years of Age or Older May Sell or Handle Liquor or Beer, When.

Except as provided in Subsections (B), (C) and (D) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.

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 or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer 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.

In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer.

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 or non-intoxicating beer 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 or non-intoxicating beer.

Section 600.180 Identification To Be Presented Upon Request.

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.

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.

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.

Section 600.190 Sale of Beverages Not Authorized By License Prohibited.

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.

Section 600.200 Licensed Retailer To Purchase Only From Licensed Wholesaler.

[Code 1975 §14.43(11)(s); CC 1989 §3-18]

It shall be unlawful for any person in this City holding a retail liquor license to purchase any intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer purchased in violation of the provisions of this Section. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor and subject to the penalties provided for in Section 600.280 herein.

Section 600.210 Sale By The Drink Regulations — Intoxicating Liquor — Generally.

[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]

Licenses authorizing the retail sale of intoxicating liquor by the drink may be issued to qualified applicants for consumption on the premises where sold.

No person may sell intoxicating liquor by the drink at retail for consumption on the premises where sold without a license therefor.

Licenses authorizing the retail sale of intoxicating liquor by the drink on Sunday may be issued to qualified applicants who meet the requirements of Chapter 311, RSMo.

If any licensee licensed pursuant to this Section 600.210 fails to maintain or renew its license, the number of licenses authorized under Section 600.100 for sales qualifying under Section 600.210 shall be automatically reduced by one (1).

Section 600.220 Sale By The Drink — Intoxicating Liquor — Restaurants.

[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]

Licenses authorizing the retail sale of intoxicating liquor by the drink may be issued to qualified applicants for restaurants as defined in Section 600.020 of this Chapter.

Premises for which a restaurant license is sought shall be exactly the same as those premises covered by an existing retail sale of intoxicating liquor by the drink license, and the description of the premises on each license shall be identical.

Applicants for a restaurant license shall furnish with the application a certified statement signed by the applicant showing that at least fifty percent (50%) of the gross income of the restaurant for the past one (1) year immediately preceding the application was derived from the sale of prepared meals or food consumed on the premises or a certified statement signed by the applicant showing an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on the premises. Applicants who have not been in business at least one (1) year shall have been in business at least ninety (90) days immediately preceding the date of any application for a restaurant license, and shall furnish a certified statement signed by the applicant, showing that at least fifty percent (50%) of gross income of the restaurant during the total period of the time it has been in business was derived from the sale of prepared meals or food consumed on the premises or a certified statement signed by the applicant showing that a projected experience based upon its sale of food during the preceding ninety (90) days will exceed not less than two hundred thousand dollars ($200,000.00) per year.

Any new restaurant 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 restaurant can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

Each application for renewal of a restaurant license shall be accompanied by a certified statement signed by the licensee showing that at least fifty percent (50%) of the gross income of the restaurant for the past twelve (12) months immediately preceding the date of the renewal application or past calendar year immediately preceding the date of the renewal application was derived from the sale of prepared meals or food consumed on the premises or a certified statement signed by the applicant showing that the restaurant establishment's annual gross food sales for the past twelve (12) months immediately preceding the date of the renewal application for the past calendar year immediately preceding the date of the renewal application shall not have been less than two hundred thousand dollars ($200,000.00) per year. Applicants not in business one (1) year shall show projected experience based on total period of time in business.

Licenses authorizing the retail sale of intoxicating liquor by the drink on Sunday between the hours of 9:00 A.M. and Midnight may be issued to qualified applicants who meet the requirements of this Section, after paying the additional fee as prescribed in Section 600.300(2).

[Ord. No. 3920 §2, 9-14-2015]

Section 600.230 Sale By The Drink — Malt Liquors and Light Wines.

[Code 1975 §14.43(14); CC 1989 §3-21; Ord. No. 3436 §1, 6-23-2009; Ord. No. 3601 §5, 6-27-2011]

No person may sell malt liquor or light wines by the drink at retail for consumption on the premises where sold without having a license therefor.

Except for a person or corporation engaged in and whose principal business is that of a restaurant, as that term is defined in Section 600.020 of this Chapter, only those premises having a license to sell malt liquor and light wines by the drink at retail for consumption on the premises where sold as of December 1, 1983, within the City limits as they existed on December 1, 1983, may be issued a license for the sale of malt liquor and light wines by the drink, at retail, for consumption on the premises where sold.

There shall be no more than three (3) licenses for the sale of malt liquor or light wine by the drink for consumption on the premises where sold which may be issued.

Section 600.240 Twenty-Two Percent Manufacturer — Beer or Wine.

[Ord. No. 3920 §3, 9-14-2015]

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).

A condenser to recapture energy and odors from brewing operations must be installed on the roof stack.

Section 600.250 Retail Package Sales Regulations.

[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]

No person may sell intoxicating liquor, malt liquor or non-intoxicating beer, at retail, in the original package, not to be consumed on the premises where sold, without having a license therefor.

No person may sell malt liquor in the original package, at retail, not to be consumed on the premises where sold, without having a license therefore.

No person shall, after having obtained such license, cause or permit any intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beers will be made to minors, or 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.

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.

Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.

Section 600.260 Retail Package Sales On Sundays.

[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]

Licenses authorizing the retail sale of intoxicating liquor or malt 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 Midnight may be issued to qualified applicants for package liquor licenses, as defined in Section 600.250(B) and (C).

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 600.300(3), (5) or (7) of this Chapter.

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.

Section 600.270 Enforcement of Regulations.

[Code 1975 §14.43(22); CC 1989 §3-24]

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 or non-intoxicating beer are obeyed, and to report to the Board of Aldermen any place where intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer in the City without a license.

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.

The Police Department shall file a report concerning violations of this Chapter or Chapter 311, RSMo., with the City Clerk and with the Supervisor of Liquor Control.

Section 600.280 Penalty.

[Code 1975 §14.43(24); CC 1989 §3-25]

Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and, for each such offense, such violator shall be subject to punishment as provided in Section 100.150 of this Code.

Article II: Licenses and Permits [1]

[1]

Cross References — Business licenses, ch. 605; miscellaneous business regulations, ch. 615.

Section 600.290 Required.

[Code 1975 §14.43(4), (11)(b), (g); CC 1989 §3-41; Ord. No. 2312 §1, 2-22-1999]

Generally. It shall be unlawful for any person to sell or expose for sale in this City, intoxicating liquor or non-intoxicating beer, as herein defined, in any quantity without a license from the City.

For Each Location. A separate license/permit under this Chapter shall be required for each location at which intoxicating liquor or non-intoxicating beer 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 Sections 600.320 of this Chapter), and such license/permit shall not be deemed or authorized to permit the sale of intoxicating liquor or non-intoxicating beer 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 non-intoxicating beer 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.

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 of any restaurant bar as that term is defined in Section 600.020 of this Chapter. 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.

Section 600.300 Classification — Fees.

[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]

For the purposes of this Chapter, the following classes of licenses and permits are hereby created, and the following fees shall be charged by the City therefor:

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.

For the sale by a restaurant bar of all intoxicating liquor by the drink, at retail, for consumption on the premises where sold between the hours of 11:00 A.M. and Midnight on Sunday, three hundred dollars ($300.00) per year.

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.

For the sale of malt liquor or light wines, or both, by the drink, at retail, for consumption on the premises where sold, fifty-two dollars fifty cents ($52.50) per year.

For the sale of malt liquor in the original package, at retail, not to be consumed on the premises where sold, twenty-two dollars fifty cents ($22.50) per year.

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.

For the sale by a restaurant bar of malt liquor or light wine, or both, by the drink, at retail, for consumption on the premises where sold between the hours of 11:00 A.M. and Midnight on Sunday, three hundred dollars ($300.00) per year.

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.

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 11:00 A.M. and Midnight on Sunday, three hundred dollars ($300.00) per year.

10.

For the sale of malt liquor in the original package, at retail, not to be consumed on the premises where sold between the hours of 11:00 A.M. and Midnight on Sunday, three hundred dollars ($300.00) per year.

11.

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).

[Ord. No. 3920 §4, 9-14-2015]

Section 600.310 Sale By Caterers Regulations — Intoxicating Liquor Generally.

[Code 1975 §14.43(17); CC 1989 §3-43; Ord. No. 3233 §1, 5-31-2007]

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.

Caterer's License.

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.

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.

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.

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.

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.

Any permit issued under the provisions of this Section shall be subject to enforcement as provided in Section 600.270 of this Chapter.

Section 600.320 Temporary Permit For Sale By Drink and Non-Intoxicating Beer May Be Issued To Certain Organizations, When, Duration.

Notwithstanding any other provision of this Chapter, a permit for the sale of intoxicating liquor and non-intoxicating beer 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.

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.

If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating beer on that day beginning at 11:00 A.M.

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.

Section 600.330 Application.

[Code 1975 §14.43(7)(a) — (c), (e) — (h); CC 1989 §3-46]

Each application for a license/permit to sell intoxicating liquor of any kind or non-intoxicating beer under the provisions of this Chapter shall be filed with the City Clerk on forms to be required or furnished by the City.

Every applicant for a license/permit to sell intoxicating liquor or non-intoxicating beer at retail must present the following with his/her application:

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.

A recent photograph of the exterior of the premises about to be licensed shall be attached to the application.

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.

Each application for the license/permit shall be submitted with the applicable fee. Such fee shall be paid by cash, express money order, cashier's check, or certified check.

Each application form shall be completed in its entirety and shall also contain such other information which the Board of Aldermen shall reasonably require.

Every applicant for a license/permit to sell non-intoxicating beer shall take and subscribe the following oath:

"I will not, upon or about the premises for which this license is bought, possess, keep, store, secrete, consume, sell, give away or otherwise dispose of, or, upon or about said premises, suffer or permit to be possessed, kept, stored, secreted, consumed, sold, given away or otherwise disposed of, by any person whomsoever; any beer having an alcohol content in excess of three and two-tenths percent (3.2%) by weight, or any other intoxicating liquor whatsoever; and that I will not violate, or, upon said premises, suffer or permit any other person to violate any ordinance of this City, or knowingly allow any other person to violate any ordinance of this City while in or upon such premises."

Such oath shall be attached and accompany the application for a license/permit to sell non-intoxicating beer.

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.

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 and non-intoxicating beers, including the specific places on the premises at which such liquor or non-intoxicating beer 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.

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.

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.

Section 600.340 Qualifications of Licensees.

[Code 1975 §14.43(8); CC 1989 §3-47]

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 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 non-intoxicating beer, 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.

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 or non-intoxicating beer since the ratification of the Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.

Section 600.350 Procedure For Issuance.

[Code 1975 §14.43(9); CC 1989 §3-48]

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.

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 or non-intoxicating beer.

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.

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 City Clerk within ten (10) days after such change occurs.

If the Board of Aldermen authorizes the issuance of a license/permit, the City Clerk shall issue the license/permit for the terms set forth below.

If the Board of Aldermen disapproves any application for a license/permit, the City Clerk shall so notify the applicant in writing, setting forth therein the grounds and reasons for disapproval, and shall return therewith the applicant's remittance.

Section 600.360 Priority of Issuance or Renewal — Conditions Therefor.

[Code 1975 §14.43(6); CC 1989 §3-49]

In the issuance of new licenses or in the renewal of existing licenses hereunder, the Board of Aldermen shall give priority to the applicants, if there are more applicants than licenses available under this Chapter on the basis of the following:

Qualifications and prior experience of the applicant;

Location and type of business and operation proposed by the applicant; and

Time the application is made with the City Clerk.

Section 600.370 Restriction On Number Which May Be Issued Per Person.

No person or corporation, or any employee, officer, agent, subsidiary, or affiliate thereof, shall have more than three (3) licenses, nor be directly or indirectly interested in any business of any other person or corporation, or of any employee, officer, agent, subsidiary, or affiliate thereof, to sell intoxicating liquor, at retail by the drink for consumption on the premises described in any license, nor shall any intoxicating liquor be sold at retail by the drink for consumption at the place of sale at more than three (3) places in this State, by any person or corporation, or by any employee, officer, agent, subsidiary, or affiliate thereof, except that, notwithstanding any other provision of this Chapter or municipal ordinance to the contrary, in determining whether any person, corporation, or any employee, officer, agent, subsidiary, or affiliate thereof, has a disqualifying interest in more than three (3) licenses, there shall not be counted any license to sell intoxicating liquor at retail by the drink for consumption on premises which include a restaurant at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on premises where sold or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on premises where sold, or which include a facility for the performance of live entertainment and where the receipts for admission to such performances exceed one hundred thousand dollars ($100,000.00) per calendar year.

Section 600.380 License Not To Be Issued For Location Near School, Church — Exceptions.

[Code 1975 §14.43(11)(t); CC 1989 §3-51]

No license shall be issued under the provisions of this Chapter for the sale of intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer, the license shall not be denied, revoked or not renewed solely because of such proximity to said school, church or place of worship.

Section 600.390 Posting Required.

[Code 1975 §14.43(11)(a); CC 1989 §3-52]

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.

Section 600.400 Transferability — Assignability.

[Code 1975 §14.43(11)(c), (20); CC 1989 §3-53]

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 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. Whenever one (1) or more members of a partnership withdraws from the partnership the City Clerk, 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.

Section 600.320 Permit. No permit issued to any church, school, civic or charitable organization pursuant to the provisions of Section 600.320 of this Chapter shall be transferable or assignable.

Section 600.410 Lost Licenses or Permits — Replacements.

[Code 1975 §14.43(11)(d); CC 1989 §3-54]

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 City Clerk without cost to the licensee. Application for a duplicate license/permit shall be by affidavit of the licensee which shall set forth:

Date upon which the license/permit was lost or destroyed.

Circumstances under which the license/permit was lost or destroyed.

Request that a duplicate license/permit be issued.

Section 600.420 Revocation and Suspension.

[Code 1975 §14.43(7)(d), (23); CC 1989 §3-55]

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 their discretion, revoke or suspend for any reasonable time the license of such person.

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.

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.

Section 600.430 Term — Fees To Be Paid Annually in Advance — Licenses Issued For Less Than A Year.

[Code 1975 §14.43(10); CC 1989 §3-56]

The licenses issued under the provisions of this Chapter shall be dated July first (1st) and shall expire June thirtieth (30th) 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 first (1st). 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 thirtieth (30th) and the denominator of which is three hundred sixty-five (365).

Section 600.440 Renewal.

[Code 1975 §14.43(21); CC 1989 §3-57]

Applications for renewal of licenses under this Chapter which are currently valid and in effect shall be filed with the City Clerk 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 600.350 of this Chapter.