[CC 1999 §4-1; Ord. No. 95-82, 6-26-1995]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
- ALCOHOLIC BEVERAGES
- Intoxicating liquors (as defined herein).
- BLOCK
- A square block as platted in the plat of the City.
- CLOSED PLACE[1]
- A place where all doors are locked and where no patrons are in the place or about the premises.
- DISTRIBUTORS OR WHOLESALERS
- Persons selling intoxicating liquors to retailers for resale.
- 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.
[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.
[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.
[CC 1999 §4-4; Ord. No. 95-82, 6-26-1995]
A.
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:
1.
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.
2.
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).
3.
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.
4.
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.
5.
The
displaying of films, video programs or pictures depicting or displaying
items prohibited above.
B.
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.
C.
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.
[CC 1999 §4-5; Ord. No. 95-82, 6-29-1995; Ord. No.
98-39, 3-30-1998]
A.
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.
B.
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.
[CC 1999 §4-6; Ord. No. 95-82, 6-26-1995; Ord. No.
2002-113 §1, 7-29-2002]
A.
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.
[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.
[CC 1999 §4-8; Ord. No. 95-82, 6-26-1995]
A.
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.
B.
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.
[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.
[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.
[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.
[CC 1999 §4-12; Ord. No. 2004-62 §§1 — 2, 6-28-2004]
A.
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.
B.
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.
[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.
[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.
[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.
[CC 1999 §4-23; Ord. No. 95-82, 6-26-1995]
A.
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:
1.
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.
2.
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.
3.
The
date and places of residence of the applicant for the preceding five
(5) years.
4.
The
name and business addresses of the applicant's employers for a period
of five (5) years prior to the application.
5.
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.
6.
The
location and name of the business for which a license is sought. If
the premises are leased, the name of the lessor.
7.
The
zoning district in which the proposed business is located.
8.
The
description of license for which the application is made.
9.
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.
[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.
[CC 1999 §4-25; Ord. No. 95-82, 6-26-1995; Ord. No.
2005-114 §1, 11-14-2005]
A.
No license
shall be issued without the approval by the City Clerk.
B.
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.
C.
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.
D.
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.
E.
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.
[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
[CC 1999 §4-29; Ord. No. 95-82, 6-26-1995]
A.
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.
B.
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.
C.
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.
[CC 1999 §4-40; Ord. No. 95-82, 6-26-1995]
A.
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.
B.
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.
C.
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.
D.
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.
[CC 1999 §4-30; Ord. No. 95-82, 6-26-1995]
A.
No license
issued under this Article shall be transferable or assignable except
as herein provided.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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:
a.
The
reason for the proposed transfer.
b.
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.
|
[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.
[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.
[CC 1999 §4-33; Ord. No. 95-82, 6-26-1995]
A.
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.
B.
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.
C.
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.
D.
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.
[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.
[CC 1999 §4-26; Ord. No. 95-82, 6-26-1995]
A.
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:
1.
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;
2.
A conviction
of a crime involving a felony by licensee or any of the officers or
the managing officer of licensee;
3.
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;
4.
Violation
of any of the provisions of this Article or any of the laws of this
City;
5.
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;
6.
Operation
of the business in such a manner that it constitutes a nuisance to
the neighborhood;
7.
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;
8.
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;
9.
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.
B.
Alleged
violations of this Chapter by a licensee shall be handled pursuant
to the following procedure:
1.
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.
2.
The
City Administrator or other officer designated by the City Council
shall act as hearing officer.
3.
The
licensee may be represented by counsel and will have an opportunity
to present any evidence concerning the alleged violation.
4.
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.
5.
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.
[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.
