[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.
[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.
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]
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.
[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.
[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.
[Code 1975 §14.43(11)(i); CC 1989 §3-7]
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]
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]
A.
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.
B.
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.
C.
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.
[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.
[Code 1975 §14.43(11)(m)(i) — (iii); CC 1989 §3-11]
A.
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.
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 he/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]
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.
[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.
[Code 1975 §14.43(11)(o); CC 1989 §3-14]
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 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.
B.
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.
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.
[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.
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 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.
C.
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.
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 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.
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.
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]
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.
[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]
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 may be issued to qualified applicants who meet the requirements
of Chapter 311, RSMo.
[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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
[Code 1975 §14.43(14); CC 1989 §3-21; Ord. No.
3436 §1, 6-23-2009; Ord. No. 3601 §5, 6-27-2011]
A.
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.
B.
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.
C.
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.
[Ord. No. 3920 §3, 9-14-2015]
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.
[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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
Nothing
in this Section shall be construed to permit the licensee to sell
wine, malt beverages or distilled spirits for on-premises consumption.
[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]
A.
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).
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 600.300(3), (5) or (7) 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]
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 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.
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 City Clerk and with the Supervisor
of Liquor Control.
[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.
[Code 1975 §14.43(4), (11)(b), (g); CC 1989 §3-41;
Ord. No. 2312 §1, 2-22-1999]
A.
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.
B.
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.
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 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.
[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]
A.
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:
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 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.
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 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.
5.
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.
6.
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.
7.
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.
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 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]
[Code 1975 §14.43(17); CC 1989 §3-43; Ord. No.
3233 §1, 5-31-2007]
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.
A.
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.
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 and non-intoxicating beer 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]
A.
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.
B.
Every
applicant for a license/permit to sell intoxicating liquor or non-intoxicating
beer 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 by cash, express money order,
cashier's check, or certified check.
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.
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.
E.
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.
F.
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.
G.
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.
H.
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]
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 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.
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 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.
[Code 1975 §14.43(9); CC 1989 §3-48]
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 or non-intoxicating beer.
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 City Clerk within ten (10) days after such change occurs.
E.
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.
F.
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.
[Code 1975 §14.43(6); CC 1989 §3-49]
A.
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:
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.
[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.
[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.
[Code 1975 §14.43(11)(c), (20); CC 1989 §3-53]
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 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.
[Code 1975 §14.43(11)(d); CC 1989 §3-54]
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 City Clerk 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]
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 their
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]
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).
[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.
