Charter Reference — Authority of council to license businesses
generally, §3.10(30).
Cross References — General penalty of code violations, §100.080; emergency management, ch. 240; licenses and miscellaneous business regulations generally, ch. 605; driving while intoxicated, §§342.020 or 342.030; chemical test for determining alcoholic or drug content of blood, §342.040; offenses, ch. 210; police, ch. 200.
[Ord. No. 7919 §1, 10-11-2012]
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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, except for non-intoxicating beer
as defined herein. 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 place licensed by the City to sell or offer for sale gasoline
or other motor fuels used as fuels in internal-combustion engines
for the purpose of propelling an automobile, truck, tractor or other
self-propelled motor vehicle upon the public highways, public streets
and public thoroughfares of this City.
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt, or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
Any association or organization, whether incorporated or
not, of fifty (50) or more members, not formed for profit, where the
property and equipment of such association or organization, exclusive
of real estate, belongs to the members thereof and is of the value
of at least two thousand five hundred dollars ($2,500.00) according
to invoices.
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 or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles of beer.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
[Ord. No. 7919 §2, 10-11-2012]
A.
No
person shall sell or offer for sale intoxicating liquor or non-intoxicating
beer in the City of Florissant 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 or non-intoxicating beer:
1.
Package liquor — malt liquor only: Sales of
malt liquor at retail in the original package not for consumption
on the premises where sold. This license may include Sunday sales
from 9:00 A.M. to Midnight.
2.
Package liquor — non-intoxicating beer: Sales
of non-intoxicating beer at retail in the original package not for
consumption on the premises where sold.
5.
Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section 600.010 of this Chapter and set out in Subsection (6) hereof. This license may include Sunday sales from 9:00 A.M. to Midnight.
6.
Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.
7.
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)(3) of this Section.
8.
Not for profit club. Sale by a not-for-profit club, as defined by Section 600.010, of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold and in the original package.
9.
Brewpubs: A microbrewery that brews beer for
both on and off-premise sale and consumption with an annual production
of ten thousand (10,000) barrels or less.
[Ord. No. 8231 §1, 5-23-2016]
10.
Consumption of Liquor (COL): Consumption of intoxicating liquor on
the premises where food, beverages or entertainment are sold or provided
for compensation, and which said establishment does not possess an
intoxicating liquor license for the sale of intoxicating liquor.
[Ord. No. 8547, 8-26-2019]
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 or non-intoxicating beer on Sundays
between the hours of 9:00 A.M. and Midnight:
D.
Permits.
1.
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) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
[Ord. No. 7919 §3, 10-11-2012]
A.
Package Sales, Limitations.
1.
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.
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 to a convenience store or a liquor store as defined in Chapter 405 of this Code, when the granting thereof shall increase the number of such licenses outstanding and in force at that time if the total number of such licenses issued to convenience stores or liquor stores is more than one (1) for each three thousand (3,000) inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States and provided further that the convenience stores and liquor stores shall not be located within one-half (½) mile of another liquor store or convenience store that has been issued a liquor license for the sale at retail of any and all kinds of intoxicating liquor in the original package. Vehicle service stations or filling station businesses that are authorized to sell alcohol are not considered to be a convenience store.
B.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The City Clerk may issue a permit for the sale of intoxicating liquor
and non-intoxicating beer 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. 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.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor and non-intoxicating beer on that
day beginning at 11:00 A.M.
3.
At the same time that an applicant applies for a permit under the
provisions of this Subsection, the applicant shall notify the 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.
4.
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.
C.
Operating Hours, Days.
1.
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 or non-intoxicating beer in any quantity
between the hours of 1:30 A.M. and 6:00 A.M. on weekdays, and between
the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday, upon or
about his/her premises, except as otherwise authorized and licensed
for Sunday sales. Any person licensed to sell intoxicating liquor
or non-intoxicating beer 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.
D.
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 Clerk may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased. Whenever one (1) or more
members of a partnership withdraws from the partnership, the 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.
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 City Council. Any change
of location of the enterprise prior to issuance of such an amended
license shall constitute a violation of this Section.
E.
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 legally 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.
The City Council shall consider the location of the proposed
business for which a license is sought with respect to its proximity
to a school, a church, or other buildings regularly used as a place
of religious worship and shall have authority to refuse to issue a
license when in their judgment the issuance thereof would not be in
the best interests of the locality in which the applicant applies
for a location of such place. In no event shall the City Council approve
the issuance of a license for the sale of liquor within one hundred
(100) feet of any school, church or other building regularly used
as a place of worship; except that when a school, church or place
of worship shall thereafter be established within one hundred (100)
feet of any place of business licensed to sell intoxicating liquor,
renewal of the license shall not be denied for this reason. This Subsection
shall not apply to a holder of a license issued pursuant to Sections
311.090, 311.218, 311.482, RSMo., or to any premises holding a license
issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco
Control for the sale of intoxicating liquor.
[Ord. No. 7504 §1, 5-15-2008]
It shall be unlawful for any person to engage in any business,
occupation, pursuit, profession or trade, or in keeping or maintaining
any institution, establishment, article, utility or commodity, without
first procuring and paying for a license to do so as required by this
Chapter.
[Code 1980 §3-28; CC 1990 §3-39; Ord. No. 6878, 7-28-2003; Ord. No. 7090 §1, 11-10-2004]
Any person engaged in the operation of a motor vehicle service
station or filling station business is authorized to sell wine, malt
liquor or non-intoxicating beer, excluding the sale of single servings
of malt liquor or non-intoxicating beer in sizes less than forty (40)
ounce.
[Code 1980 §3-18; CC 1990 §3-29]
A.
Whenever the laws of the State or the regulations adopted and promulgated by the State Supervisor of Alcohol and Tobacco Control provide for the days and hours thereof during which the sale or disposal of intoxicating liquor is permitted and such days or hours differ from the days or hours of such sale or disposal as provided by Section 600.030. Section 600.030 and all ordinances and parts of ordinances in conflict herewith are amended so as to adopt by reference and permit the sale or disposal of intoxicating liquor during the days or hours as provided by the State or under regulations adopted and promulgated by the State Supervisor of Alcohol and Tobacco Control.
B.
A copy
of such State law or regulation of the State Supervisor of Alcohol
and Tobacco Control referred to herein shall be kept in the City Clerk's
office and open to public inspection.
[1]
Cross Reference — Curfew for minors, §§210.510
et seq.
[Ord. No. 7919 §4, 10-11-2012]
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:
1.
General licenses.
a.
Malt liquor — original package: $75.00
b.
Non-intoxicating beer — original package: $22.50
c.
Intoxicating liquor (all kinds) — original package: $150.00
d.
Malt liquor — by drink: $75.00
e.
Malt liquor and light wines — by drink: $75.00
f.
Non-intoxicating beer — by drink: $37.50
g.
Intoxicating liquor (all kinds) — by drink: $450.00
h.
Not-for-profit club: $300.00
i.
Brewpub: twenty-two dollars and fifty cents ($22.50).
[Ord. No. 8231 §2, 5-23-2016]
j.
Consumption of Liquor (COL): sixty dollars ($60.00).
[Ord. No. 8547, 8-26-2019]
3.
Permits.
a.
Temporary permit — by the drink for certain organizations (7
days max.): $37.50
b.
Tasting permit: $37.50
c.
Caterers (for a period not to exceed 120 consecutive hours): $10.00
per each calendar day
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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).
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A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter
316, RSMo. The temporary permit shall be effective for a period not
to exceed one hundred twenty (120) consecutive hours, and shall authorize
the service of alcoholic beverages at such function, occasion or event
during the hours at which alcoholic beverages may lawfully be sold
or served upon premises licensed to sell alcoholic beverages for on-premises
consumption. For every permit issued pursuant to the provisions of
this Section, the permittee shall pay to the City an amount as set
out in Section 600.050(3)(c) above, or fraction thereof, for which
the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages, in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D.
To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight or non-intoxicating
beer delivered and invoiced under the catering permit number, but
not used, if the wholesaler removes the product within seventy-two
(72) hours of the expiration of the catering permit issued pursuant
to this Section.
[Code 1980 §§3-37, 3-40; CC 1990 §§3-58,
3-61; Ord. No. 4970 §2, 12-12-1988; Ord. No. 5998, 8-25-1997]
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk 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.
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 City Council 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.
C.
No
license for the sale of intoxicating liquors of any kind at retail
by the drink for consumption on the premises where sold shall be issued
unless a petition approving such issuance shall be filed with the
application for license and which petition shall be signed by two-thirds
(2/3) of the assessed taxpaying citizens owning property and also
two-thirds (2/3) of the persons occupying, owning or conducting any
business on the main or ground floor of buildings within a distance
of two hundred (200) feet of the applicant's place of business in
all directions.
D.
Procedure For Issuance. Upon the filing of an application
for a license under the provisions of this Article with the City Clerk,
such application shall be presented to a Law Enforcement Agency for
an investigation of the applicant, the proposed location and premises
where the intoxicating liquor is to be sold and the verification of
the signatures on the application and petition. Upon the completion
of such investigation, the application and the report of a Law Enforcement
Agency shall be presented to the City Council at its next regular
or special meeting. Upon approval of such application by a majority
of the members of the Council present at such meeting and upon payment
of the license fee provided for by this Article, the Director of Finance
shall issue a license to the applicant to conduct business in the
City until June thirtieth (30th) following the date of issuance.
E.
Applications
for renewal of any license must be filed with the City Clerk on or
before June first (1st) of each calendar year. Such license may be
renewed unless such license has been suspended or this Chapter.
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 or non-intoxicating beer.
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 or
non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating
beer away from the licensed business premises cannot be performed
by anyone under the age of twenty-one (21) years. Any licensee who
employs any person under the age of twenty-one (21) years, as authorized
by this Subsection, shall, when at least fifty percent (50%) of the
licensee's gross sales does not consist of non-alcoholic sales, have
an employee twenty-one (21) years of age or older on the licensed
premises during all hours of operation.
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 or non-intoxicating beer in places of business which sell food
for consumption on the premises if at least fifty percent (50%) of
all sales in those places consists of food; provided that nothing
in this Section shall authorize persons under twenty-one (21) years
of age to mix or serve across the bar intoxicating beverages or non-intoxicating
beer.
B.
Sales To Minor — Exceptions. 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.
C.
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.
D.
Minors In Possession Of Intoxicating Liquor, Non-Intoxicating Beer. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession, any intoxicating beer as defined in Section 600.010 is in violation of this Section.
E.
For
purposes of prosecution under this Section, a manufacturer-sealed
container describing that there is intoxicating liquor or non-intoxicating
beer therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor or non-intoxicating beer
in such container. The alleged violator may allege that there was
no intoxicating liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains
intoxicating liquor or non-intoxicating beer.
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.
Any
retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight to the consumer in
an original carton received from the wholesaler that has been mutilated,
torn apart or cut apart; or
2.
Repackage intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
C.
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.
D.
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.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
1.
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.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight to the consumer in
an original carton received from the wholesaler that has been mutilated,
torn apart or cut apart; or
b.
Repackage intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor Or Non-Intoxicating Beer. It shall be unlawful for
any licensee, or his/her employee or agent, to sell or supply intoxicating
liquor or non-intoxicating beer, 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.
G.
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 or non-intoxicating
beer 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 or non-intoxicating beer 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 or non-intoxicating beer 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.
[Ord. No. 8226 §1, 5-23-2016]
A.
It shall be unlawful for any retail licensee, licensed to sell intoxicating
liquor, wine or beer, or his/her employee to permit in, upon or about
the licensed premises:
1.
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
2.
The displaying of any portion of the areola of the female breast
or failure to cover the entire areola and front of the breast with
opaque clothing;
3.
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
4.
The actual or simulated displaying of the pubic hair, anus,
vulva or genitals or failure to cover pubic hair, anus, vulva or genitals
with opaque clothing;
5.
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus or fails at
any time to have and keep opaque clothing over all parts of his/her
genitals and anus; and
6.
The displaying of films, video or DVD programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
B.
Additional unlawful acts for any retail licensee, licensed to sell
intoxicating liquor, wine or beer, or his/her employee:
1.
At no time, under any circumstances, shall any licensee or his/her
employees immediately fail to prevent or suppress any violent quarrel,
disorder, brawl, fight or other improper or unlawful conduct of any
person upon the licensed premises, nor shall any licensee or his/her
employees allow any indecent, profane or obscene language, song, entertainment,
literature or advertising material upon the licensed premises.
2.
In the event that a licensee or his/her employee knows or should
have known, that an illegal or violent act has been committed on or
about the licensed premises, they immediately shall report the occurrence
to law enforcement authorities and shall cooperate with law enforcement
authorities and agents of the Division of Liquor Control during the
course of any investigation into an occurrence.
A.
Suspension Or Revocation Of License — When — Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the City Council 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 600.100 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, Chapters
311 or 312, RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco 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 City Council.
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 or Chapter 312, 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 City Council shall sell or give away
any intoxicating liquor or non-intoxicating beer 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 City Council's order of suspension in a conspicuous
place on the premises so that all persons visiting the premises may
readily see the same.
A.
Testimony — Evidence. Hearings before the City Council
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.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the City Council 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
City Council 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 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 600.090 of this Chapter, the City Council 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 City Council 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 City Council's decision. The City
Council may delay the implementation of its order pending appeal.
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 Tobacco Control may report
a violation of this Section to the Supervisor, and the Supervisor
shall issue a warning to the licensee of the violation.
[Code 1980 §3-30; CC 1990 §3-41]
A.
It
shall be unlawful for any person maintaining, owning or operating
a commercial establishment located within the City, at which alcoholic
beverages are offered for sale for consumption on the premises, to
suffer or permit:
1.
Any female employee or other female person engaged by the person
maintaining, owning or operating such commercial establishment to
provide entertainment, whether such person is paid or not, while on
the premises of the commercial establishment, to expose to public
view that area of the human breast including the nipple and areola;
2.
Any female employee or other female person engaged by the person maintaining, owning or operating such commercial establishment to provide entertainment, whether such person is paid or not, while on the premises of the commercial establishment, to employ and to expose to public view any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Subsection (A)(1);
3.
Any employee or other person engaged by the person maintaining, owning
or operating such commercial establishment to provide entertainment,
whether such person is paid or not, while on the premises of the commercial
establishment, to expose to public view his/her genitals, pubic area,
buttocks, anus or anal cleft or cleavage;
4.
Any employee or other person engaged by the person maintaining, owning
or operating such commercial establishment to provide entertainment,
whether such person is paid or not, while on the premises of the commercial
establishment, to employ and to expose to public view any device or
covering which is intended to give the appearance of or simulate the
genitals, pubic area, buttocks, anus or anal cleft or cleavage;
5.
Any employee or other person engaged by the person maintaining, owning
or operating such commercial establishment to provide entertainment,
whether such person is paid or not, to engage in public view in the
actual or simulated touching, caressing or fondling of the breasts,
buttocks, anus, genitals or pubic area.
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 for consumption on the premises, to
expose to public view that area of the human female breast including
the nipple and areola or to expose to public view any device or covering
which is intended to give the appearance or simulate such areas of
the female breast as described in this Section.
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 for consumption on the premises, to expose to
public view his/her genitals, pubic area, buttocks, anus or anal cleft
or cleavage or to employ and to expose to public view any device or
covering which is intended to give the appearance of or simulate the
genitals, pubic area, buttocks, anus or anal cleft or cleavage.
