[Ord. No. 10-1973 §1, 2-16-2010]
When used in this Chapter, the following words shall have the
following meanings:
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least two
thousand five hundred (2,500) square feet or any outdoor golf course
with a minimum of nine (9) holes and which has annual gross receipts
of at least one hundred thousand dollars ($100,000.00) of which at
least fifty thousand dollars ($50,000.00) of such gross receipts is
in non-alcoholic sales.
A place where all doors are locked and where no patrons are
in the place or about the premises.
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor, where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas or otherwise, and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
A class of temporary liquor license that allows any person
operating any premises where food, beverages, or entertainment are
sold or provided for compensation to permit, during the hours at which
alcoholic beverages may lawfully be sold, the drinking or consumption
of intoxicating liquor on the premises. A consumption of liquor licensee
cannot sell any intoxicating liquor.
[Ord. No. 18-2251, 2-4-2019]
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt or other liquors or combination of liquors,
a part of which is spirituous, vinous or fermented and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
An intoxicating liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
A business whose primary activity is the brewing and selling
of beer with an annual production of ten thousand (10,000) barrels
or less.
[Ord. No. 18-2215, 5-7-2018]
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also
be construed and held to refer to any package containing three (3)
or more standard bottles of malt liquor.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator or any other
officer appointed by any State or Federal court.
A temporary retail liquor by the drink license to allow sale
of intoxicating liquor for consumption on premises where sold to any
church, school, civic, service, fraternal, veteran, political or charitable
club or organization for sale at a picnic, bazaar, fair or similar
gathering.
[Ord. No. 18-2251, 2-4-2019]
Any establishment which has gross annual sales in excess
of two hundred fifty thousand dollars ($250,000.00), at least twenty-five
percent (25%) of which shall be derived from the sale of foods and
meals prepared and consumed on the premises.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
A class of liquor license that allows retailers holding valid
State and valid local liquor licenses, who furnish provisions and
services for use at a particular function, occasion, or event at a
particular location other than the licensed premises to sell, during
the hours at which alcoholic beverages may lawfully be sold, intoxicating
liquor by the drink at retail for consumption on the premises and
in the original package for consumption off the premises for a specified
period of time, not to exceed one hundred sixty-eight (168) consecutive
hours.
[Ord. No. 18-2251, 2-4-2019]
The sale of any intoxicating liquor except malt liquor, in
the original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made only by a holder
of a retail liquor dealer's license and, when so made, the container
in every case shall be emptied and the contents thereof served as
other intoxicating liquors sold by the drink are served.
[Ord. No. 18-2251, 2-4-2019]
[Ord. No. 03-1453 §1, 10-6-2003; Ord. No. 06-1694 §1, 8-7-2006; Ord.
No. 08-1846 §1, 1-21-2008; Ord. No. 10-1973 §1, 2-16-2010]
A.
No
person shall sell or offer for sale intoxicating liquor in the City
of Manchester without a currently valid liquor license issued by the
City. A separate liquor license shall be required for each of the
categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein.
B.
General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor:
1.
Package liquor — malt liquor only. Sales of
malt liquor at retail in the original package not for consumption
on the premises where sold (may be sold Sunday also).
2.
Package liquor — all kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) of this Section.
3.
Malt liquor by the drink. Sales of malt liquor at
retail by the drink for consumption on the premises (may be sold Sunday
also).
4.
Liquor by the drink — malt liquor/light wine only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
5.
Liquor by the drink — all kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.
6.
Common eating and drinking areas. Sales of intoxicating
liquor of all kinds by the drink at retail not for consumption on
the premises where sold but for consumption in a common eating or
drinking area.
7.
Manufacturer — Microbrewery. Manufacturing
of malt liquor with an annual production of ten thousand (10,000)
barrels or less.
[Ord. No. 18-2215, 5-7-2018]
8.
Retail by the Drink Caterer's License — Sales of
intoxicating liquor by the drink at retail for consumption on the
premises and in the original packet for consumption off the premises
for a specified period of time by retailers who furnish provisions
and services for use at a particular function, occasion or event at
a particular location other than the licensed premises to sell.
[Ord. No. 18-2251, 2-4-2019]
9.
Consumption of Liquor License (Building and Hall Rentals) —
Allows any person operating any premises where food, beverages, or
entertainment are sold or provided for compensation to permit the
drinking or consumption of intoxicating liquor on the premises but
does not allow the sale of any intoxicating liquor. Consumption license
fees do not apply to facilities or properties of the City of Manchester.
[Ord. No. 18-2251, 2-4-2019]
C.
Sunday Sales. Any person who is licensed under the provisions
of this Chapter or who otherwise possesses the qualifications and
meets the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor on Sundays between the hours
of 9:00 A.M. and Midnight:
1.
Package liquor — all kinds. Sales of liquor
of all kinds in the original package at retail not for consumption
on the premises where sold.
2.
Liquor by the drink — restaurant bar. Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any restaurant bar.
3.
Liquor by the drink — amusement place. Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any amusement place.
4.
Liquor by the drink — place of entertainment. Sales of liquor of all kinds by the drink at retail for consumption
on the premises of any place of entertainment.
5.
Liquor by the drink — common eating and drinking area. Sales of liquor of all kinds by the drink at retail not for consumption
on the premises where sold but for consumption in a common eating
or drinking area.
6.
Liquor by the drink — Microbrewery. Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any microbrewery.
[Ord. No. 18-2215, 5-7-2018]
D.
Permits.
1.
Picnic License (Temporary Permit For Sale By Drink). Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C)(1) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
[Ord. No. 18-2251, 2-4-2019]
2.
Wine tasting permit. A person who holds a license pursuant to Section 600.020(B)(2) above, but does not hold any other license issued pursuant to this Chapter, may offer to the public, as a sample and without charge, light wines provided:
a.
Such shall not be offered on Sunday,
b.
Such shall not be offered more than four (4) times in any calendar
month, and
c.
Such shall not involve the offering of more than six (6) different
examples of light wine at any time. The term "sample", as used herein, shall mean a quantity not exceeding two (2) ounces.
The term "light wine", as used herein, shall mean
a liquid containing not in excess of fourteen percent (14%) alcohol
by weight exclusively from grapes, berries and other fruits and vegetables.
3.
Caterer's License (Retail By The Drink). Retailers holding valid State and local liquor licenses, who furnish provisions and services for use at a particular function, occasion, or event at a particular location other than the licensed premises and comply with the provisions of Section 600.030(C)(2) below may apply for a permit to sell intoxicating liquor consumption on the premises and in the original package for consumption off the premises.
[Ord. No. 18-2251, 2-4-2019]
[Ord. No. 03-1453 §1, 10-6-2003; Ord. No. 06-1693 §1, 8-7-2006; Ord.
No. 10-1973 §1, 2-16-2010]
A.
Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor in the original package, not to be
consumed upon the premises where sold, except to a person engaged
in and to be used in connection with, the operation of one (1) or
more of the following businesses: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a confectionery
or delicatessen store, nor to any such person who does not have and
keep in his/her store a stock of goods having a value according to
invoices of at least one thousand dollars ($1,000.00), exclusive of
fixtures and intoxicating liquors. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B.
Newly-Opened Restaurant Bars Or Amusement Places.
1.
Any new restaurant bar 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 between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the restaurant bar 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
bar for the year or can snow 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.
2.
Any new amusement place 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 between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the amusement place can show a projection of gross
receipts of at least one hundred thousand dollars ($100,000.00) of
which at least fifty thousand dollars ($50,000.00) of such gross receipts
are in non-alcoholic sales for the first (1st) year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
C.
Temporary Retail.
[Ord. No. 18-2251, 2-4-2019]
1.
Picnic License (Temporary Permit For Sale By The Drink —
Certain Organizations).
a.
The City may issue a permit for the sale of intoxicating liquor
for consumption on premises where sold to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for sale at a picnic, bazaar, fair or similar gathering.
b.
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.
c.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 11:00 A.M.
d.
At the same time that an applicant applies for a permit under
the provisions of this Subsection, the applicant shall notify the
State of Missouri Director of Revenue of the holding of the event
by certified mail and by such notification shall accept responsibility
for the collection and payment of any applicable sales tax.
e.
No provision of law or rule or regulation of the City shall
be interpreted as preventing any wholesaler or distributor from providing
customary storage, cooling or dispensing equipment for use by the
permit holder at such picnic, bazaar, fair or similar gathering.
f.
Picnic license fees do not apply to facilities or properties
of the City of Manchester.
2.
Caterer's License (Retail By The Drink).
a.
Retailers holding valid State and valid local liquor licenses,
who furnish provisions and services for use at a particular function,
occasion, or event at a particular location other than the licensed
premises may be issued a permit to sell, during the hours at which
alcoholic beverages may lawfully be sold, intoxicating liquor by the
drink at retail for consumption on the premises and in the original
package for consumption off the premises for a specified period of
time, not to exceed one hundred sixty-eight (168) consecutive hours.
b.
Notwithstanding any other law to the contrary, any caterer who
possesses a valid State and local liquor license need not obtain a
separate license from the City when delivering alcoholic beverages
in the course of the catering business.
D.
Operating Hours, Days.
1.
No licensee or any employee of such licensee shall sell, give away
or otherwise dispose of, or allow the same to be done, on or about
the premises any intoxicating liquor in any quantity between the hours
of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30
A.M. on Sunday and 6:00 A.M. on Monday, except as otherwise authorized
and licensed for Sunday sales. Any person licensed to sell intoxicating
liquor by the drink shall keep a closed place during the aforementioned
prohibited times.
2.
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
his/her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of this Chapter to the contrary.
E.
Number Of Licenses Limited.
1.
No license for the sale of any and all kinds of intoxicating liquor
by the drink for consumption on the premises shall be granted or issued
when the granting thereof shall increase the number of such licenses
outstanding and in force at that time to more than one (1) for each
five hundred (500) inhabitants, or fraction thereof, residing within
the City as shown by the last decennial census of the United States.
2.
No license for the sale at retail of any and all kinds of intoxicating
liquor in the original package shall be granted or issued when the
granting thereof shall increase the number of such licenses outstanding
and in force at that time to more than one (1) for each five hundred
(500) inhabitants, or fraction thereof, residing with the City as
shown by the last decennial census of the United States.
3.
Determining the number of licenses allowed. For
purposes of determining the number of licenses allowed by this Section,
the issuance of licenses shall be counted as follows:
a.
The issuance of a license as provided in Section 600.020(B)(2) of this Chapter (package liquor — all kinds) shall be counted as being commensurate with the issuance of one (1) license for each subcategory of package liquor provided in Section 600.020(B)(1).
b.
The issuance of a license as provided in Section 600.020(B)(5) of this Chapter (liquor by the drink — all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of liquor by the drink provided in Sections 600.020(B)(3) and (B)(4).
F.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
No license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the City 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,
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.
4.
In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Board of Aldermen. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
G.
Druggists May Sell And Physicians Prescribe Liquor. Any
druggist may have in his/her possession intoxicating liquor purchased
by him/her from a licensed vendor under a license pursuant to State
law or intoxicating liquor lawfully acquired at the place of acquisition
and legacy transported into this State and lawfully inspected, gauged
and labeled as provided by State 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 Chapter shall prevent a regularly licensed druggist, after he/she
procures a license therefor, from selling intoxicating liquor in the
original package, 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.
[Ord. No. 04-1520 §1, 7-6-2004; Ord. No. 06-1694 §2, 8-7-2006; Ord.
No. 10-1973 §1, 2-16-2010]
A.
The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated, which license fee in all cases shall be
non-refundable:
[Ord. No. 18-2215, 5-7-2018]
1.
General licenses.
a.
Malt liquor — original package: $75.00.
b.
Intoxicating liquor (all kinds) — original package: $150.00.
c.
Malt liquor — by drink: $75.00.
d.
Malt liquor and light wines — by drink: $75.00.
e.
Intoxicating liquor (all kinds) — by drink: $450.00.
f.
Common eating and drinking places: $450.00.
g.
Manufacture — Microbrewery (includes Sundays): $300.00.
h.
Consumption of liquor license — permits drinking or consumption
on premises - does not allow liquor sales*: $75.00.
[Ord. No. 18-2251, 2-4-2019]
|
* Consumption license fees do not apply to facilities or properties
of the City of Manchester.
|
2.
Sunday sales. (Additional fees)
[Ord. No. 18-2215, 5-7-2018]
a.
Package liquor — malt liquor only: $75.00.
b.
Intoxicating liquor — original package: $300.00.
c.
Restaurant bars: $300.00.
d.
Amusement places: $300.00.
e.
Places of entertainment, restaurant: $300.00.
f.
Common eating and drinking places: $300.00.
g.
Liquor by the drink — charitable organizations: $300.00.
h.
Liquor by the drink — Microbrewery: $300.00.
3.
Permits.
[Ord. No. 18-2251, 2-4-2019]
a.
Picnic license* [temporary permit — by the drink for certain
organizations (7 days maximum)]: $37.50.
* Picnic license fees do not apply to facilities or properties
of the City of Manchester.
b.
Tasting permit: $37.50.
c.
Caterer's license - by drink and original package: $15.00.
|
Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July first (1st).
|
[Ord. No. 10-1973 §1, 2-16-2010]
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City on a form to be provided
by the City, signed and sworn to by the applicant. Each application
shall be accompanied by a proper remittance reflecting the appropriate
license fee made payable to the City.
B.
Bond Requirements. Each application for a license shall
be accompanied by a bond, to be given to the City in the amount of
two thousand dollars ($2,000.00) with sufficient sureties, conditioned
that the person obtaining such license shall at all times abide by
the provisions of the Liquor Control Act of the State of Missouri,
this Chapter and all other ordinances of the City. Only one (1) bond
shall be required under this Section from any one (1) person and such
bond shall, while in force, cover all licenses held by any one (1)
applicant and all classes of sales carried on hereunder. Such bond
may be sued on in the name of the City for the use and benefits of
any person damaged by the breach of any of the conditions thereof.
C.
Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license or a bona
fide lease duly executed by the lessor or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
D.
Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license, the Board shall conduct a hearing on the application for license renewal as provided in Subsection (D) of this Section. Any applicant who files application for renewal of a license after the first (1st) day of May shall pay a late fee of twenty-five dollars ($25.00) for each thirty (30) days that have expired from said date with said application as a late fee for said renewal.
[CC 1979 §4-41; Ord. No. 75-621 §3(5-13), 5-23-1975; Ord. No. 00-1184 §1, 4-17-2000; Ord. No. 10-1973 §1, 2-16-2010; Ord. No. 12-2028 §1, 7-2-2012]
A.
No
license required by this Chapter shall be issued to:
1.
A person or, for a corporation, a managing officer who is not a qualified
legal voter and taxpaying citizen of St. Louis County, Jefferson County,
Franklin County, St. Charles County or the City of St. Louis; who
is not of good moral character and reputation; who has been convicted
of a felony; a person or, for a corporation, a managing officer whose
license under this Chapter has been revoked for cause; a person or,
for a corporation, a managing officer who, at the time of application
for renewal of any license hereunder, would not be eligible for such
license upon a first (1st) application.
2.
A person who has been convicted, within five (5) years of his/her
application (whether original or renewal), of a violation of any Federal
or State law concerning the manufacture, possession or sale of intoxicating
liquor or of any of the provisions of this Chapter or any offense
involving moral turpitude or who has forfeited his/her bond to appear
in court to answer charges of any such violation.
3.
Any person whose real and personal property taxes on the premises
and personalty therein and all taxes and licenses applicable to the
premises, personalty and business, have not been paid.
4.
A person, for sale of intoxicating liquor, upon premises where such
activity is not permitted by the zoning ordinance of the City or any
other ordinance or State law, nor shall any license be issued for
premises where the sale of intoxicating liquor would be detrimental
or incompatible with the character and welfare of the surrounding
neighborhood even though allowed by the zoning ordinance.
5.
A person for the sale of intoxicating liquor by the drink on premises
commonly known as a "saloon", a "bar", a "tavern" or other such place
where more than fifty percent (50%) of the gross revenues generated
by such business during any licensing period shall be from the sale
of liquor. An organized athletic association approved by the Board
and private clubs which are operated on a fee membership basis shall
not be considered saloons, bars, taverns or the like if at least twenty-five
percent (25%) of the gross revenue generated by the sale of food,
meals and liquor at any such athletic association or private club
during any licensing period is derived from the sale of foods and
meals prepared and consumed on the premises.
[CC 1979 §4-35; Ord. No. 75-621 §3(5-5), 5-23-1975; Ord. No. 75-656 §1, 9-2-1975; Ord. No. 10-1973 §1, 2-16-2010]
A.
Applications
for a license to sell intoxicating liquor shall be filed with the
City Administrator on forms furnished by the City. Each application
shall be signed by the applicant and acknowledged by him/her in the
same manner as deeds for the conveyance of real estate.
B.
If
the applicant is a joint venture, partnership or group other than
a corporation or athletic association, the application shall be made
by all individuals who are members of such joint venture, partnership
or group. If the applicant is a corporation, the application shall
be made by a managing officer of the corporation. If the applicant
is an athletic association, the application shall be made by the officers
and directors or trustees of such athletic association. A corporate
applicant shall state, among other things:
1.
The names and addresses of its registered agents, officers and directors;
2.
The number of shares in the corporation owned by each and the percentage
those shares bear to the total outstanding shares of the corporation;
3.
The names and addresses of the ten (10) principal stockholders of
the corporation; and
4.
The number of shares in the corporation owned by each such principal
stockholder and the percentage those shares bear to the total outstanding
shares of the corporation.
C.
The
signature of the applicant shall constitute an agreement that the
applicant will assume responsibility for compliance with the provisions
of this Chapter and the laws of this State regulating the sale of
intoxicating liquor.
D.
All
applications for licensure, except applications for renewal of licenses,
filed with the City Administrator shall be accompanied by a filing
fee of twenty-five dollars ($25.00). The City Administrator shall
take no action on an application unless the filing fee has been paid.
E.
No
person shall knowingly make any untrue or misleading statement in
any application or knowingly omit to state a material fact necessary
in order to make the statement contained in the application not misleading.
[CC 1979 §4-36; Ord. No. 75-621 §3(5-6), 5-23-1975; Ord. No. 75-656 §1, 9-2-1975; Ord. No. 76-715 §1, 3-15-1976; Ord. No. 10-1973 §1, 2-16-2010]
A.
Each
application for a license to sell intoxicating liquor shall, among
other things, contain the following information and any additional
information which may be required by the application forms supplied
by the City:
1.
The exact location and description of the premises to be covered
by the license.
2.
The kind of business which the applicant proposes to conduct on such
premises in addition to the sale of intoxicating liquor and the hours
during which the applicant plans to keep his/her place open for such
business.
3.
Whether or not the applicant has ever been convicted of any violation
of Federal law, a law of this State or any other State, City or County
ordinance involving a felony, a misdemeanor, ordinance violation or
involving moral turpitude or any violation of a law regulating, controlling
or prohibiting the sale of intoxicating liquor.
4.
The full names, dates of birth, places of birth and residence addresses
for the five (5) years preceding the application of all individual
applicants and, in the case of a corporation, for the managing officer
and each officer of the corporation.
5.
The full names, dates of birth, places of birth and residence addresses
for the five (5) years preceding the application of all employees
who will be engaged in the selling of intoxicating liquor.
B.
Each
applicant for a license to sell intoxicating liquor shall submit with
his/her application a certificate of voter registration from a political
subdivision in the State.
C.
The
City Administrator is authorized to require such additional information
necessary to carry out the intent and purpose of this Chapter.
D.
Each application submitted by an athletic association shall be accompanied by a verified statement of the chief officer of such athletic association acknowledging the responsibility of the organization for compliance with the provisions of this Chapter and the laws of this State regulating the sale of intoxicating liquor and further acknowledging the responsibility for compliance with this Chapter and the laws of this State for all persons listed on its list of employees who will engage in the selling of intoxicating liquor pursuant to Subsection (A)(5) above.
[CC 1979 §4-38; Ord. No 75-621, 5-23-75; Ord. No. 10-1973 §1, 2-16-2010]
The Chief of Police shall investigate applications for a license for sale of intoxicating liquor and shall report, in writing, to the Board the results of such investigation and make a recommendation concerning the application. The standards for such investigation shall be those set forth in Section 600.060 of this Chapter. The Chief of Police shall obtain the assistance of the City Administrator if the Chief of Police shall request such assistance.
[CC 1979 §4-39; Ord. No. 75-621 §3(5-8), 5-23-1975; Ord. No. 94-719 §1, 2-21-1994; Ord. No. 10-1973 §1, 2-16-2010]
A.
Each
original application for a license for the sale of intoxicating liquor
shall be approved or disapproved by motion of the Board of Aldermen.
No person has a natural or inherent right or privilege to engage in
the sale of intoxicating liquor. The approval or disapproval of each
application shall be within the sole discretion of the Board.
B.
Prior
to the approval of the application by the Board, any person objecting
to the issuance of such license may request a hearing before the Board
on the merits of such application.
C.
In
the event the Chief of Police recommends that no such license be issued
by the Board, or should the Board determine that no such license be
issued, the applicant may request a hearing before the Board on the
merits of such application.
D.
Requests
for a hearing shall be in writing and specifically state why the license
should or should not be granted.
E.
Timely
written notice of the date of the hearing shall be given by the City
Administrator to the applicant or the party requesting the hearing.
[CC 1979 §4-56; Ord. No. 75-621 §3(5-12), 5-23-1975; Ord. No. 94-719 §2, 2-21-1994; Ord. No. 10-1973 §1, 2-16-2010]
A.
Licensees
under this Chapter desiring to renew current licenses shall, at least
sixty (60) days prior to the expiration of the license, file with
the City Administrator, on forms supplied by the City, an application
for renewal. An applicant for renewal shall submit to the City verification,
sufficient to the City Administrator, of prior food and liquor sales.
Upon payment of the license fee, the Board shall by motion authorize
the renewal of the license for an additional license year if there
is full compliance with this Chapter and the conditions under which
the original license was issued have not materially changed.
B.
In
the event the Board determines there is not full compliance with this
Chapter or the conditions under which the original license was issued
have materially changed, the license shall not be renewed. The Board
shall, as soon as practical after denial of the application for renewal,
forward a notice to the licensee stating that the license has not
been renewed and the reasons therefor.
C.
The
Board may, in its discretion, deny the license or renew same for an
additional year and may prescribe conditions for the renewal of the
license.
D.
If
the license is denied, the licensee may request a hearing before the
Board concerning the renewal of the license. Such request shall automatically
entitle the licensee to a hearing on the merits of the renewal application.
Such hearing shall be held not later than thirty (30) days after receipt
by the Board of the request for public hearing by the licensee.
[Ord. No. 07-1759 §1, 4-2-2007; Ord. No. 10-1973 §1, 2-16-2010; Ord. No. 12-2033 §1, 9-17-2012]
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for and sack for carry-out intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating beverages.
B.
Sales To Minor — Permitting Drinking Or Possession By A Minor
— Exceptions.
1.
No licensee, his/her employee or any other person shall procure for,
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, except that this Section shall not apply to the parent
or guardian of the minor nor to the supplying of intoxicating liquor
to a person under the age of twenty-one (21) years for medical purposes
only or to the administering of such intoxicating liquor to such person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2.
No owner, occupant or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property shall knowingly
allow a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fail to stop a person under the age
of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his or her parent or guardian.
3.
It shall be a defense to prosecution under this Section if:
a.
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit or an employee thereof;
b.
The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c.
To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card or other official or apparently official document containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
C.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for and sack for carry-out intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating beverages.
D.
Sales To Minor — Exceptions.
1.
No licensee, his/her employee or any other person shall procure for,
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, except that this Section shall not apply to the parent
or guardian of the minor nor to the supplying of intoxicating liquor
to a person under the age of twenty-one (21) years for medical purposes
only or to the administering of such intoxicating liquor to such person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2.
For purposes of determining violations of any provision of this Chapter
or of any rule or regulation of the Supervisor of Alcohol and Tobacco
Control, a manufacturer-sealed container describing that there is
intoxicating liquor therein need not be opened or the contents therein
tested to verify that there is intoxicating liquor in such container.
The alleged violator may allege that there was 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.
3.
The provisions of this Subsection shall not apply to a student who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a student
in a culinary course;
c.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine or other similar malt or fermented beverage as part of the required
curriculum; and
d.
Tastes a beverage under Subdivision (3) of this Subsection only for
instructional purposes during classes that are part of the curriculum
of the accredited college or university.
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The beverage must at all times remain in the possession and
control of an authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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E.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
F.
Minors May Not Be In Possession Of Intoxicating Liquor. 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 600.010 above, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or who has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section. For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was no intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
[CC 1979 §4-23; Ord. No. 87-259 §1, 4-6-1987; Ord.
No. 03-1435 §1, 8-4-2003; Ord. No. 10-1973 §1, 2-16-2010]
The City of Manchester may authorize and license a vendor(s)
to sell alcohol during special events, such as the Manchester Homecoming
Festival. The granting of said license shall be subject to the City's
licensing procedures. Should the City grant a license for the sale
of alcohol during a special event, it shall be unlawful for any person
to possess any alcohol at the event except for alcohol purchased from
the vendor licensed by the City. Additionally, the City of Manchester
may prohibit the possession and consumption of alcohol during designated
City events. The City shall advise the public of any such prohibition
or restriction by posting notices at entrances to and in places throughout
the location of such event.
[Ord. No. 03-1435 §2, 8-4-2003; Ord. No. 10-1973 §1, 2-16-2010]
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
C.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
D.
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
E.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
F.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or on
any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
5.
It shall be unlawful for any person to be in possession of an alcoholic
beverage in an open container when upon or in a public highway, street
or alley within the City of Manchester.
G.
Sale Of Liquor Prohibited Near Schools And Churches. No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within one hundred (100) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the board of directors of the school or the consent
in writing of the majority of the managing board of the church or
place of worship; except that when a school, church or place of worship
shall hereafter be established within one hundred (100) feet of any
place of business licensed to sell intoxicating liquor, the license
shall not be denied for lack of consent in writing as herein provided.
[Ord. No. 10-1973 §1, 2-16-2010; Ord. No. 10-1991 §2, 10-4-2010]
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.160 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapter 311,
RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Liquor Control;
3.
Making a false affidavit in an application for a license under this
Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
the license;
6.
Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years,
b.
Any person during unauthorized hours on the licensed premises,
c.
A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any person on the licensed premises during a term of suspension as
ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if
the licensee's State liquor license is suspended and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
[Ord. No. 10-1973 §1, 2-16-2010]
A.
Testimony — Evidence. Hearings before the Board shall
be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
in civil suits in the Circuit Courts of this State. The Board also
may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.150 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within ten (10)
days of the date of the Board's decision. The Board may delay the
implementation of its order pending appeal.
[Ord. No. 10-1973 §1, 2-16-2010]
A.
Any
person who is licensed to sell or serve alcoholic beverages at any
establishment shall place on the premises of such establishment a
warning sign as described in this Section. Such sign shall be at least
eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
B.
Any
employee of the Supervisor of Alcohol and Liquor Control may report
a violation of this Section to the Supervisor and the Supervisor shall
issue a warning to the licensee of the violation.
