Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
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.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
PERSON
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales; or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
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.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
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 by fourteen (11 x 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.
[R.O. 1994 § 600.060; Ord. No.
92-6 § 5, 5-12-1992]
A. The Board of Aldermen, if it be shown upon hearing before said Board
that any person has not at all times kept an orderly place or house,
or has violated any of the provisions of this Chapter, or has violated
any other ordinance of the City pertaining to establishments serving
liquor at retail, may revoke the license of any licensee under this
Chapter. Provided, however, that the Board of Aldermen shall first,
upon motion of said Board direct a notice of the date, time, and place
of such hearing, and setting forth the grounds upon which said license
is sought to be revoked, and said notice shall command the licensee
to appear and show cause why such license should not be revoked.
B. Such notice shall be served by the City Police upon the licensee,
or upon an officer of the licensee of a corporation, or upon any employee
of the licensee at the time of service in charge of the place of the
licensed business. The licensee shall have full right to have counsel
and to produce witnesses in the licensee's behalf in any such hearing.
Said hearing shall be conducted as other Board proceedings are conducted,
and no license shall be revoked except upon vote thereof by a majority
of the members elected to the Board of Aldermen, the Mayor having
no vote except in case of a three-to-three tie vote by the members
elected to the Board of Aldermen.
[R.O. 1994 § 600.090; Ord. No.
92-6 § 8, 5-12-1992]
No person having a license under this Chapter shall sell, give
away, or otherwise dispose of or suffer the same to be done upon or
about his/her premises at any time when said sale is prohibited by
the Revised Statutes of the State of Missouri as now existing or as
hereafter amended.
[Ord. No. 2019-20, 8-13-2019]
A. No
person having a license under this Chapter shall amplify any form
of entertainment, including, but not limited to, live music or recorded
music, before the hour of 7:00 A.M. nor after the hour of 11:00 P.M.
Sunday through Thursday (excepting legal Missouri State holidays)
nor after the hour of 11:59 P.M. Friday through Saturday and on legal
Missouri State holidays, excepting:
1. Entertainment that is contained within the confines of the establishment
such that there are open no windows or doors other than as minimally
required for lawful ingress and egress of the establishment; or
2. Provided for in any special event permit.
B. As
provided for in this Section, "amplify" shall mean to enhance sound
by means of any speaker, sound system or other device, electronic
or otherwise, which is designed to increase the volume of any sound.