City of Chillicothe, MO Alcoholic Beverages

INTOXICATING LIQUOR [2]: Alcohol for beverage purposes, alcoholic, spirituous, vinous, 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 (.5%) alcohol by volume.

MALT LIQUOR [3]: Alcoholic beverage containing alcohol 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.

PERSON: Any individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal court.

PUBLIC PLAYGROUND AND PUBLIC PARK: Parks or playgrounds, the title to which is in the City or the school board of the school district or the Park Board of the City.

PUBLIC SCHOOL: A public schoolhouse erected and constructed at the expense of the taxpayers and used as a building wherein educational facilities are provided and paid for by direct taxation against all the property in such school district.

WINE [4]: Alcoholic beverage containing not in excess of fourteen percent (14%) of alcohol by weight fermented exclusively from grapes, berries and other fruits and vegetables.

[1]

State Law Reference — Similar provisions, §311.290, RSMo.

[2]

State Law Reference — Similar provisions, §311.020, RSMo.

[3]

State Law Reference — Similar provisions, §311.200, RSMo.

[4]

State Law Reference — Similar provisions, §311.200, RSMo.

Section 600.020 Policy — Intent.

[CC 1999 §4-2; Ord. No. 95-82, 6-26-1995]

The public policy of the State and the City is that the holding of licenses to sell intoxicating liquors is a privilege and not a right. The provisions of this Chapter are designed to ensure that liquor licenses are granted only to persons of responsible and moral character.

Section 600.030 Other Non-Alcoholic Beverages. [1]

[CC 1999 §4-3; Ord. No. 95-82, 6-26-1995]

All beverages having an alcoholic content of less than one-half of one percent (.5%) by volume shall be exempt from the provisions of this Chapter but subject to inspection as provided under Sections 196.365 to 196.445, RSMo.

[1]

State Law Reference — Similar provisions, §311.020, RSMo.

Section 600.040 Exposure of Private Parts of Body or Simulation Thereof in Commercial Establishments Licensed By Chapter Where Alcoholic Beverages Are Served or Consumed.

[CC 1999 §4-4; Ord. No. 95-82, 6-26-1995]

It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the City where alcoholic beverages are offered for sale or may be consumed on the premises:

To suffer or permit any female person, while on the premises of the commercial establishment, to expose to the public view the areola of the human female breast.

To suffer or permit any female person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the female breast as described in Subsection 600.040(A)(1).

To suffer or permit any person, while on the premises of the commercial establishment, to expose to public view his/her genitals, pubic area, anus or anal cleft or cleavage.

To suffer or permit any person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, anal cleft or cleavage.

The displaying of films, video programs or pictures depicting or displaying items prohibited above.

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the City at which alcoholic beverages are offered for sale or may be consumed on the premises, to expose to public view the areola area of the human female breasts or to employ any device or covering which is intended to give the appearance of or simulate such areas of the female breast as described herein.

It shall be unlawful for any person, while on the premises of a commercial establishment located within the City at which alcoholic beverages are offered for sale or may be consumed on the premises, to expose to public view his/her genitals, pubic area, anus, anal cleft or cleavage or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus or anal cleft or cleavage.

Section 600.050 Sales or Supply of Alcoholic Beverages To Minors, Drunkards, Etc.

[CC 1999 §4-5; Ord. No. 95-82, 6-29-1995; Ord. No. 98-39, 3-30-1998]

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 an ordinance violation.

It shall be unlawful for any person whomsoever except his/her parent or guardian to procure for, sell, give away or otherwise supply alcoholic beverages 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.

The provisions of Subsections (A) and (B) do not apply to the supplying of alcoholic beverages to a person under the age of twenty-one (21) years for medical purposes only or to the administering of alcoholic beverages to any person by a duly licensed physician.

Section 600.060 Purchase or Possession By Minors.

[CC 1999 §4-6; Ord. No. 95-82, 6-26-1995; Ord. No. 2002-113 §1, 7-29-2002]

Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in Section 311.020, RSMo., or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or 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 guilty of an ordinance violation. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

A person found guilty of violating this Section shall be punished pursuant to Section 100.340 of this Code.

Section 600.070 Public Consumption.

[CC 1999 §4-7; Ord. No. 95-82, 6-26-1995]

It shall be unlawful for any person to consume alcoholic beverages upon any public street, sidewalk, alley, park, building or place unless a liquor license has been issued for such licensed premises.

Section 600.080 Sales Near Churches, Schools, Parks, Etc. [1]

[CC 1999 §4-8; Ord. No. 95-82, 6-26-1995]

No license shall be issued authorizing sale of intoxicating liquor within one hundred (100) feet of any church, public or parochial school or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent of the City Council after a public hearing is held on said application. Notice of such hearing to be given by mail to all property owners within one hundred (100) feet of the proposed license location, except that when a school, church or place of worship shall be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, after said license has been obtained by such business, then no hearing or notice shall be required prior to renewal or transfer of the license.

For the purpose of determining such distance between such premises and churches, public or parochial schools or other buildings regularly used as a place of religious worship, measurement shall be had in the most direct line from the front door of the licensed premises where such intoxicating liquor is sold to the front door of the church or school building.

[1]

State Law Reference — Similar provisions, §311.080, RSMo.

Section 600.090 Authorized Liquors On Licensed Premises. [1]

[CC 1999 §4-9; Ord. No. 95-82, 6-26-1995]

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.

[1]

State Law Reference — Similar provisions, §311.330, RSMo.

Section 600.100 Opening and Closing Hours.

[CC 1999 §4-10; Ord. No. 95-82, 6-26-1995]

All opening and closing hours shall be in accordance with the provisions of State law governing such license.

Section 600.110 Violations.

[CC 1999 §4-11; Ord. No. 95-82, 6-26-1995]

Any person who shall violate any provision of this Chapter shall be deemed to have committed an offense punishable under Section 100.340 of this Code of City ordinances and shall be subject to suspension or revocation of the license.

Section 600.120 Beer Keg Registration.

[CC 1999 §4-12; Ord. No. 2004-62 §§1 — 2, 6-28-2004]

It shall be an ordinance violation for a person in the City to be in the possession of or consume beer, wine, intoxicating liquor from a keg, not on the premises of the retail licensee, that does not have affixed a current label affixed to a recyclable tag that is attached to the handle on the top chime of the keg as required by Section 311.082, RSMo.

The term "keg", as used herein this Section, shall mean any container capable of holding four (4) gallons or more of beer, wine or intoxicating liquor and which is designed to dispense beer, wine or intoxicating liquor directly from the container for purposes of consumption.

A person found guilty of violating this Section shall be punished pursuant to Section 100.340 of this Code.

Article II: Licensing Requirements

Section 600.130 Required For Sale.

[CC 1999 §4-20; Ord. No. 95-82, 6-26-1995]

It shall be unlawful for any person or entity to manufacture, sell, expose for sale or distribute alcoholic beverages within the City without first obtaining a license authorizing same from the City.

Section 600.140 Compliance With State Law and Requirements.

[CC 1999 §4-21; Ord. No. 95-82, 6-26-1995]

For the purposes of this Chapter, the definitions, license qualifications, sale, purchase and possession, license requirements, taxes and penalties shall be in accordance with the laws as prescribed by the State of Missouri; however, the City may from time to time enact specific provisions regarding alcoholic beverages which are not in conflict with the law of the State of Missouri.

Section 600.150 License Requirement — Compliance With State Law.

[CC 1999 §4-22; Ord. No. 95-82, 6-26-1995]

Before any applicant shall be entitled to procure a license from the City to sell or distribute alcoholic beverages within the City, the applicant must have first satisfied all the requirements of the liquor laws of the State of Missouri and must provide written proof of the issuance of a State liquor license when making an application for a license from the City.

Section 600.160 Contents of Application.

[CC 1999 §4-23; Ord. No. 95-82, 6-26-1995]

Any person desiring to secure a license under the terms of this Chapter shall make application therefor to the City in writing, which application shall be delivered to the City Clerk. Such application shall state:

The name, driver's license number and residence of the applicant. If the application is made on behalf of a partnership or limited liability company, the names and addresses of all partners or members or any person who has a financial interest in such partnership or company. If the application is on behalf of a corporation, the date of incorporation, the State of incorporation and the names and addresses of the officers, directors and all stockholders who hold ten percent (10%) or more of the capital stock.

The date and place of birth of the applicant. If the applicant is a naturalized citizen, state the place and time of naturalization. If the application is made in the name of a corporation, partnership or other entity, the "applicant" shall be the person who is to be, in fact, actively engaged in the actual control and management of the particular liquor establishment for which the license is sought.

The date and places of residence of the applicant for the preceding five (5) years.

The name and business addresses of the applicant's employers for a period of five (5) years prior to the application.

Whether or not the applicant has been convicted of a felony or convicted or plead guilty of the sale or procurement for a minor of alcoholic beverages.

The location and name of the business for which a license is sought. If the premises are leased, the name of the lessor.

The zoning district in which the proposed business is located.

The description of license for which the application is made.

Whether or not the applicant has had a license as a liquor dealer revoked or suspended or has been convicted since the ratification of the 21st Amendment of the Constitution of the United States of the violation of the provisions of any law in any State applicable to the manufacture or sale of intoxicating liquor or he/she employs or will employ in his/her business as such liquor dealer any person not of good moral character or whose license has been revoked or suspended or who has been convicted of violating the provisions of any such law since the date aforesaid.

10.

The applicant is the person who is to be, in fact, actively engaged in the actual control and management of the particular liquor establishment for which the license is sought.

11.

The name, address and telephone number of an individual that is a resident of Livingston County who can act with the applicant's authority in his/her absence. This individual will be the applicant's designated agent in the applicant's absence or unavailability.

12.

Any further reasonable information required by the City.

Section 600.170 Consent To Administrative Inspections — Payment of Enforcement Costs.

[CC 1999 §4-24; Ord. No. 95-82, 6-26-1995]

By making an application for a license and receiving same hereunder, the applicant consents to all of the terms of this Chapter and authorizes and grants permission to the City, by and through its agents, to enter the licensed premises for administrative inspections to insure compliance with any laws of the City and also agrees to reimburse the City for all costs incurred, including attorney's fees, in enforcing the terms of this Chapter.

Section 600.180 Approval of Licenses.

[CC 1999 §4-25; Ord. No. 95-82, 6-26-1995; Ord. No. 2005-114 §1, 11-14-2005]

No license shall be issued without the approval by the City Clerk.

The City Clerk shall determine whether or not applications of license comply with the provisions of this Chapter. Licenses shall only be granted to persons of good character. In considering the application, the Council may review the qualifications set out in Section 600.210. The City Clerk shall not approve a license without first having reviewed the recommendations of the Chief of Police. The City Council shall not be required to hold any hearing of any kind whatsoever in determining whether a new license shall be granted or an old license renewed, but may hold hearings if it deems such hearings in the public interest.

The City Clerk, upon receipt of an application, shall forward the same to the Chief of Police, who shall cause an immediate investigation to be made of the statements contained therein, the character of the applicant, and the location, premises or place, and the conditions surrounding the same. Within thirty (30) working days of the date the application is filed with the City Clerk, application shall be returned to the City Clerk by the Chief of Police with a report of his or her investigation.

On each new original application for a license, the Public Safety Department, Code Enforcement Office, the Public Works Department, and Health Department, through their duly authorized agents or employees, shall make an immediate investigation of the safety and sanitation of the premises of the applicant, and the equipment and furnishings contained in applicant's premises, and shall report to the City Clerk the findings of such investigation within thirty (30) working days of the date the application was filed.

After the original license has been issued, the City Council may, at any reasonable time, request a new investigation of the premises of the licensee, and upon request, the results of such investigation shall be reported to the City Council. If, during the license term, it becomes necessary and prudent for the City to reinspect the premises, the licensee shall be responsible for the expense incurred by the City in completing said reinspection. The charge will be based on the normal hourly rate charged by the City employees completing said inspection.

Section 600.190 License Descriptions.

[CC 1999 §4-28; Ord. No. 95-82, 6-26-1995; Ord. No. 2002-146 §1, 10-14-2002]

Alcoholic beverage licenses shall have the following descriptions which conform to State liquor license descriptions:

Retail liquor by drink

Retail liquor by drink resort

Retail liquor by drink exempt

Retail liquor by drink boat

Retail liquor by drink mall

Five percent (5%) by drink wine

Railroad

Restaurant bar

Restaurant bar boat

Restaurant bar resort

Sunday bar amusement

Sunday bar ballroom

Sunday bar entertainment

Sunday bar mall

Sunday bar exempt

Sports stadium

Sports stadium Jackson County

Five percent (5%) restaurant bar wine

Five percent (5%) Sunday amusement

Five percent (5%) Sunday bar exempt

Sunday — original package liquor

Extended hours

Extended hours mall

Retail liquor by drink resort temporary

Retail liquor by drink seasonal resort

Retail liquor by drink seasonal resort temp

State Fair — five percent (5%) beer by drink — Domw

State Fair — five percent (5%) beer by drink Domw (exhibition center and grand stand)

Restaurant bar temporary

Restaurant bar resort temporary

Restaurant bar boat temporary

Sunday bar amusement temporary

Five percent (5%) restaurant bar wine temp

Five percent (5%) wine amusement temp

Retail by drink picnic

Five percent (5%) beer by drink wine picnic

Retail liquor by drink caterer

Five percent (5%) beer wine caterer

Original package liquor

Original package five percent (5%) beer

Original package tasting

Consumption of intoxicating liquor

Transportation

Liquor manufacturer solicitor

Twenty-two percent (22%) manufacturer solicitor

Five percent (5%) manufacturer solicitor

Liquor solicitor

Twenty-two percent (22%) solicitor

Five percent (5%) solicitor

Liquor manufacturer

Wine manufacturer

Liquor wholesale solicitor

Twenty-two percent (22%) wholesale solicitor

Five percent (5%) wholesale solicitor

Domestic wine

Microbrewery

Section 600.200 Fees.

[CC 1999 §4-29; Ord. No. 95-82, 6-26-1995]

Before any license shall be issued under the provisions of this Chapter, the applicant shall have paid to the City the annual license fee as required in this Chapter. All license fees shall be due and payable on or before the first (1st) day of July of each year and shall be good for the year beginning July first (1st) and ending June thirtieth (30th). If such license is originally issued after July first (1st) but before December thirty-first (31st) of the same calendar year, the applicant shall pay one-twelfth (1/12) of such fee for each month or fraction thereof remaining in the twelve (12) month period ending on June thirtieth (30th) of the next following calendar year. The fee for any license issued subsequent to December thirty-first (31st) or any license year shall be one-half (½) of the annual fee with all renewals thereafter being issued on the first (1st) day of July of each year.

In the event that any license issued under the provisions of this Chapter is revoked, surrendered, abandoned, terminated or forfeited, not used or used only for part of the license period, after the effective beginning date of such license, no refund of any license charge or part thereof shall be made.

The annual license fee required for licenses under this Chapter shall be one and one-half (1½) times the amount required by Chapter 311, RSMo., and any amendments thereto to be paid into the City Treasury for such State permit or license or the maximum fee otherwise permitted by State law.

Section 600.210 Qualifications For Permits and Licenses. [1]

[CC 1999 §4-40; Ord. No. 95-82, 6-26-1995]

No person shall be granted a license to sell alcoholic beverages unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the City of Chillicothe, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified voter and a taxpaying citizen of the City of Chillicothe; and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked or who has been convicted, since the ratification of the 21st Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or who employs in his/her business as such dealer any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; provided that nothing in the Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State.

No person, partnership or corporation shall be qualified for a license under this Section if such person, any member of 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 have had a license revoked under this Chapter or State law or shall have been convicted of violating provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st Amendment to the Constitution of the United States or shall not be a person of good moral character.

No license issued under the Chapter shall be denied, suspended, revoked or otherwise affected solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor so long as any such employee does not directly participate in retail sales of intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the Chief of Police.

For the purposes of this Section, the definition of "resident corporation" and "financial interest" shall be as provided under Section 311.060, RSMo., and Section 311.061, RSMo.

[1]

State Law References — Liquor control law, ch. 311, RSMo.; municipal authority to license and regulate sale of intoxicating liquors, §§311.060, 311.061 and 311.220, RSMo.

Section 600.220 Transfer — Separate License For Each Place of Business Requiring State License.

[CC 1999 §4-30; Ord. No. 95-82, 6-26-1995]

No license issued under this Article 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 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, corporation or other entity withdraws from the entity, 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.

In the event a licensee hereunder should obtain a buyer, lessee, sub-lessee or assignee for the establishment for which his/her license is issued, said buyer, lessee, sub-lessee or assignee shall be given prior consideration for a license on the same premises or condition of compliance with all applicable provisions of this Article.

A license may, in the discretion of the City Clerk, be transferred to any other premises or to any other part of the building containing the licensed premises, provided the premises sought to be licensed meet the requirements of the law.

The City Clerk must first approve such a transfer and the application for permission to transfer shall contain all the information required in the license application and in addition:

The reason for the proposed transfer.

An affidavit by such licensee that he/she has not, since the license was granted, violated any provisions of any Federal, State or Municipal Law relating to the production, distribution, sale or possession of alcoholic beverages.

A transfer fee of fifty dollars ($50.00) shall accompany such transfer application.

Section 600.230 Penalty For Delinquent License Payments. [1]

[CC 1999 §4-31; Ord. No. 95-82, 6-26-1995]

A license under this Chapter which is delinquent shall not be issued without the Treasurer first collecting the amount of the license fee as specified by this Chapter and other ordinances of the City and any penalty or fine due thereon.

[1]

State Law References — Liquor control law, ch. 311, RSMo.; municipal authority to license and regulate sale of intoxicating liquors, §311.220, RSMo.

Section 600.240 Miscellaneous Licensing Duties of City Clerk and Police Department.

[CC 1999 §4-32; Ord. No. 95-82, 6-26-1995]

It shall be the duty of the City Clerk to keep a separate list of licensees under this Article, containing the name of the applicant and the address for which the license is issued. The City Clerk shall furnish a duplicate copy of such list once each month to the Chief of Police. It is hereby made the duty of the Chief of Police and all Police Officers of the City to investigate and ascertain if all persons selling intoxicating beer have obtained proper licenses or, if such licenses have expired, to ascertain if such licenses have been renewed. It is further made the duty of the Chief of Police and all Police Officers of the City to arrest all persons found engaging in the sale of alcoholic beverages in the City without having a proper license authorizing such person to engage in such business and to report such arrest to the City Attorney for prosecution.

Section 600.250 Eating Places, Drinking On Premises, License Required. [1]

[CC 1999 §4-33; Ord. No. 95-82, 6-26-1995]

No person having a license issued pursuant to this Chapter, nor any employee of such person, shall sell, give away, or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday, upon or about his or her premises. If the person has a license to sell intoxicating liquor by the drink, his or 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.

Application for such license shall be made to the City Clerk on forms to be prescribed by him/her describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this Section. A license shall be required for each separate premises and shall expire on the thirtieth (30th) day of June next succeeding the date of such license. The license fee shall be sixty dollars ($60.00) per year.

The drinking or consumption of intoxicating liquor shall not be permitted in, upon or about the licensed premises by any person under twenty-one (21) years of age or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between the hours of 12:00 Midnight Saturday and 12:00 Midnight Sunday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Section governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this Section regulating the drinking or consumption of intoxicating liquor between certain hours and on Sunday shall apply also to premises licensed under this Chapter to sell intoxicating liquor by the drink. No persons shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the City.

Any premises operated in violation of the provisions of this Section, or where intoxicating liquor is consumed in violation of this Section, is hereby declared to be a public and common nuisance and it shall be the duty of the City Attorney to enjoin such nuisance.

[1]

State Law References — Liquor control law, ch. 311, RSMo.; municipal authority to license and regulate sale of intoxicating liquors, §311.480, RSMo.

Section 600.260 General Package Tasting License.

[Ord. No. 2002-164 §1, 12-9-2002]

The privileges of a general package tasting license shall be exercised only during the hours from 10:00 A.M. to 10:00 P.M. on Monday through Saturday.

Section 600.270 Suspension or Revocation Generally.

[CC 1999 §4-26; Ord. No. 95-82, 6-26-1995]

The City Council may, in addition to other penalties provided by ordinance, suspend or revoke a license issued pursuant to this Chapter if the licensee or his/her employees or agents shall have been shown to be guilty of, to have violated or to be involved in any of the following:

An offense resulting in a conviction involving the use of force or violence upon the person or another in the operation of the business of licensee;

A conviction of a crime involving a felony by licensee or any of the officers or the managing officer of licensee;

Any false, misleading or fraudulent statement of fact in the application for the licenses or in any other document required by the City in conjunction therewith;

Violation of any of the provisions of this Article or any of the laws of this City;

Violation of the laws of the State, the United States of America or any rule or regulation pertaining to the sale and licensing of intoxicating liquors;

Operation of the business in such a manner that it constitutes a nuisance to the neighborhood;

Conduct by the officers, employees or managing officers of the licensee such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises or other conduct which shows improper conduct by an individual who is licensed pursuant to this Chapter. For purposes of this Section, the term "premises" shall include the licensed premises, the parking lots and the area around the business which is owned, used and maintained as part of the business;

Lack of proper control of customers. The licensee shall use good judgment in the sale of intoxicating beverages and shall not sell same to persons obviously intoxicated. If any customer becomes unruly or abusive, it shall be the duty of the licensee to call and fully cooperate with Police or other Law Enforcement Authority. The licensee shall take appropriate and necessary steps to supervise the premises immediately outside the liquor establishment, shall keep said premises free from litter and shall not allow the premises to become a gathering location for the liquor establishment's customers;

The operation or possession of any gambling device in or about the premises where intoxicating liquor is sold, either in the original package or for consumption on the premises where sold.

Alleged violations of this Chapter by a licensee shall be handled pursuant to the following procedure:

The City Police Department shall give notice of the alleged violation to the licensee, which notice shall state with reasonable specificity the nature of the alleged violation and the date of hearing on the alleged violation.

The City Administrator or other officer designated by the City Council shall act as hearing officer.

The licensee may be represented by counsel and will have an opportunity to present any evidence concerning the alleged violation.

The hearing officer will make written findings as to whether or not a violation occurred. If the hearing officer finds a violation occurred, he/she shall issue an order suspending or revoking the license.

A licensee may, within thirty (30) days from the date of entry of the order of the hearing officer, appeal such decision to the Circuit Court of Livingston County pursuant to the provisions established in Chapter 536, RSMo. The suspension or revocation shall be stayed while the appeal is pending provided the licensee post a supersedeas bond covering the cost and expenses of the City for which the licensee may be liable under Section 600.170.

Section 600.280 Effect of Revocation On Reissuance.

[CC 1999 §4-27; Ord. No. 95-82, 6-26-1995]

Whenever the City has revoked a license under this Chapter, it shall be necessary, before any license is issued to operate a liquor establishment at the same location, that the procedures for issuance of an original license shall be followed.