Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
[Ord. No. 1368 §1, 3-11-2010]
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) 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.
ORIGINAL PACKAGE
Any package containing one (1) or more standard bottles,
cans, or pouches of beer, fifty (50) milliliters (1.7 ounces) or more
of spirituous liquors or one hundred (100) milliliters (3.4 ounces)
of vinous liquors in the manufacturer’s original container,
or as provided in Section 311.202, RSMo., when applicable, or as otherwise
defined by the Missouri Department of Public Safety.
[Ord. No. 1555, 12-14-2023]
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RELATED ENTITY
1.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20%);
2.
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title, or other ownership
interest in the applicant of at least twenty percent (20%); or
3.
An individual, firm, partnership joint venture, association,
organization or entity of any kind whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[Ord. No. 1368 §2, 3-11-2010]
A. No
license shall be issued pursuant to this Chapter unless the use and
the property for which the license is proposed meet all requirements
of the Zoning Code, building codes and other ordinances.
B. In
those zoning districts where an applicant's business requires a conditional
or special use permit, the applicant must first obtain the conditional
or special use permit prior to receiving a license issued under this
Chapter.
C. No
business, establishment or property for which a license has been issued
under this Chapter shall be conducted, operated or maintained in such
a manner as to cause any nuisance whether private or public or any
such a manner as to be detrimental to the public's health, safety
and welfare.
[CC 2001 §600.030(E,H); Ord. No. 889 §1(5.17, 5.22 — 5.23), 1-12-1989]
A. Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor in the original package, not to be
consumed upon the premises where sold, except to a person engaged
in, and to be used in connection with, the operation of one (1) or
more of the following businesses: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a confectionery
or delicatessen store, nor to any such person who does not have and
keep in his/her store a stock of goods having a value according to
invoices of at least one thousand dollars ($1,000.00), exclusive of
fixtures and intoxicating liquors. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B. Temporary Permit For Sale By Drink — Certain Organizations.
1. Notwithstanding any other provision of this Chapter, a permit for
the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for the sale of such intoxicating liquor 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 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 general license under the provisions of this Chapter 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 Saturday or on Sundays after 1:30 A.M. No person having a Sunday Sale License under the provisions of this Chapter 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 Sundays. During such prohibited hours, the premises shall be and remain a closed place as defined in Section
600.010 of this Chapter. Provided, that where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which the intoxicating liquor is dispensed, and provided further that where such licenses are held by restaurants or stores whose business is conducted in one (1) room only and substantial quantities of food and merchandise, other than intoxicating liquor, are dispensed, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
[Ord. No. 1555, 12-14-2023]
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. Restriction On Number Of Licenses For Sale Of Intoxicating Liquor.
1. The number of licenses for sale of intoxicating liquor by the drink
or in the original package shall be limited to ten (10) and no more.
2. Nothing in this Section contained shall be deemed to call for the
revocation or cancellation of any license to any person heretofore
issued; provided further, however, that such licenses heretofore issued
shall not be made transferable by anything in this Chapter contained.
E. 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 Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
F. Fees Taken In Lieu Of Proportionate Part Of Merchant's Tax And Ad
Valorem Tax. The fees to be charged under the provisions
of this Section shall be taken in lieu of the proportionate part of
any merchant's license fee and ad valorem tax for the stock and sales
of intoxicating liquor under the provisions of this or any other ordinance
of the City, and the aggregate amount of the sales thereof made by
any licensee hereunder shall not be returned by such merchant for
purposes of merchant's license or ad valorem tax, nor shall such stock
of sales be included in the computation of any merchant's license
or ad valorem tax.
[CC 2001 §600.045; Ord. No. 889 §1(5.13), 1-12-1989]
All fees collected by the City Clerk pursuant to the provisions
of this Chapter shall be accounted for and paid into the City Treasury
as other funds collected by the City Clerk are accounted for and paid.
[CC 2001 §600.050; Ord. No. 889 §5.20, 1-12-1989; Ord. No. 1073 §1, 5-8-1997]
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. Bond Requirements. Each application for a license shall
be accompanied by a bond, to be given to the City in the amount of
five thousand dollars ($5,000.00) with sufficient sureties, conditioned
that the person obtaining such license shall at all times abide by
the provisions of the Liquor Control Act of the State of Missouri,
this Chapter and all other ordinances of the City. Only one (1) bond
shall be required under this Section from any one (1) person and such
bond shall, while in force, cover all licenses held by any one (1)
applicant and all classes of sales carried on hereunder. Such bond
may be sued on in the name of the City for the use and benefits of
any person damaged by the breach of any of the conditions thereof.
C. Qualifications For Licenses — Resident Corporation And Financial
Interest Defined.
1. No person shall be granted a license hereunder unless such person
is of good moral character and a qualified legal voter and is not
in arrears in the payment of any tax or fee owed to 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; 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 Twenty-First 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 or 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 this Subsection 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.
2. Issuance.
a. No person, partnership or corporation shall be qualified for a license
under this law 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 law shall have
had a license revoked under this law or shall have been convicted
of violating the provisions of any law applicable to the manufacture
or sale of intoxicating liquor since the ratification of the Twenty-First
Amendment to the Constitution of the United States, or shall not be
a person of good moral character.
b. No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based 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.
D. Hearing On Application. Upon the filing of the application with the Clerk, the Clerk shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of the hearing. The hearing shall be conducted in accordance with Section
600.100 of this Chapter.
1. The Board shall approve the application if after the hearing it finds
that:
a. Issuance of the requested license would be in the best interests
of the locality of the proposed business;
b. The applicant is a person of good moral character, a native born
or naturalized citizen of the United States of America, a registered
voter and a taxpaying citizen of the City;
c. No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
d. The applicant has not been convicted since the ratification of the
Twenty-First Amendment to the Constitution of the United States of
the violation of any law applicable to the sale of intoxicating liquor,
or that such applicant has not employed in his/her business any person
whose license has been revoked or who has been convicted of violating
the provisions of such law since the date aforesaid;
e. The applicant plans and proposes to conduct a retail liquor business
in compliance with the laws of the State of Missouri, the ordinances
of the City and the provisions of this Chapter.
E. Upon
approval of any application for a license the Clerk shall grant the
applicant a license to conduct business in the City for a term to
expire with the thirtieth (30th) day of June next succeeding the date
of such license, unless such license be revoked or suspended for cause
before the expiration of such time.
F. Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license, the Board shall conduct a hearing on the application for license renewal as provided in Subsection
(D) of this Section.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
[CC 2001 §600.075; Ord. No. 889 §1(5.02), 1-12-1989]
It shall be the duty of the Police Department and City Clerk
to see that the provisions of this Chapter and of other ordinances
of the City in regard to sale of intoxicating liquor are obeyed and
to present all such infractions immediately to the Board of Aldermen.
[Ord. No. 1368 §5, 3-11-2010]
A. Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section
600.100 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, Chapter 311,
RSMo., or any ordinance of the City; or
2. Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control; or
3. Making a false affidavit in an application for a license under this
Chapter; or
4. Failing to keep an orderly place or house; or
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; or
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, or
b. Any person during unauthorized hours on the licensed premises, or
c. A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d. Any person on the licensed premises during a term of suspension as
ordered by the Board.
C. Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if
the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D. Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
E. In
the event that a licensee whose license has been suspended or revoked
pursuant to this Section, or a related entity of a licensee whose
license has been suspended or revoked pursuant to this Section, shall
thereafter apply for a substantially similar license. The Board may
take into account the act(s) and circumstances which lead to the suspension
or revocation in considering the new application.
[CC 2001 §600.095; Ord. No. 889 §1(5.24), 1-12-1989]
The Board of Aldermen shall prescribe and adopt such rules,
regulations, orders and directives as may be necessary to enforce
the provisions of this Chapter.
[CC 2001 §600.100]
Any person violating any of the provisions of this Chapter shall
upon conviction be punished by a fine of not more than one thousand
dollars ($1,000.00), or by imprisonment for a term not exceeding three
(3) months, or by both such fine and imprisonment.