Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer..
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[CC 1987 §600.020; Ord. No. 517 §3, 4-30-1962]
A. It
shall be unlawful for any person to sell or expose for sale in this
City intoxicating liquor without taking out a license from the City
of Northwoods and without holding such license for the class of sales
made or offered as herein defined.
1. Sales of all kinds of intoxicating liquor at retail in the original package not to be consumed nor the original package opened on the premises where sold. For every license issued hereunder, there shall be paid by the licensee to the City Collector the annual sum as provided in Chapter
605 and amendments. It is further provided that sales in any quantity less than fifty (50) milliliters shall be considered sales by the drink and are hereby prohibited.
2. Sales of malt 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 by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale. For every license issued hereunder, the licensee shall pay to the City Collector the annual sum as specified in Chapter
605 and amendments. The phrase
"original package" in this respect shall be construed and
held to refer to any package containing three (3) or more standard
bottles of beer.
3. Sales of all kinds of intoxicating liquors by the drink at retail for consumption on the premises where sold. For every license issued hereunder, the licensee shall pay to the City Collector the annual sum as specified in Chapter
605 and amendments, provided that not more than two (2) such licenses shall be in effect at any one time.
[CC 1987 §600.030; Ord. No. 517 §4, 4-30-1962]
No person shall be granted a license hereunder unless such person,
if an individual, and, if a corporation, then the managing officer
thereof, is of good moral character and a qualified legal voter and
a taxpaying citizen of the State of Missouri, and no person shall
be granted a license whose license as such dealer has been revoked
or who has been convicted of a violation of any law applicable to
the manufacture or sale of intoxicating liquor.
A. No
person shall sell or offer for sale intoxicating liquor in the City
of Northwoods 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:
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 as set out in Subsection
(C).
2. Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection
(B)(1) of this Section.
3. Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(4) of this Section.
4. Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales as set out in Subsection
(C).
5. 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)(2) of this Section.
C. Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
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
600.085(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(2) 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.
3. Tasting permit — winery, distiller, manufacturer, etc.
a. Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection
(D)(3),
a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b. Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.
c. Any winery, distiller, etc., may provide or furnish distilled
spirits, wine or malt beverage samples on a licensed retail premises
— when.
(1)
Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide or furnish distilled spirits, wine
or malt beverage samples on a licensed retail premises for customer
tasting purposes so long as the winery, distiller, manufacturer, wholesaler,
or brewer or designated employee has permission from the person holding
the retail license. The retail licensed premises where such product
tasting is provided shall maintain a special permit in accordance
with Section 311.294, RSMo., or hold a by the drink for consumption
on the premises where sold retail license. No money or anything of
value shall be given to the retailers for the privilege or opportunity
of conducting the on-the-premises product tasting.
(2)
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer or
brewer or by a sampling retained by the retailer, winery, distiller,
manufacturer or brewer. All sampling service employees that provide
and pour intoxicating liquor samples on a licensed retail premises
shall be required to complete a server training program approved by
the Division of Alcohol and Tobacco Control.
(3)
Any distilled spirits, wine, or malt beverage sample provided
by the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
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. Intoxicating liquor (all kinds) — original package: $150.00.
c. Malt liquor — by drink: $75.00.
d. Malt liquor and light wines — by drink: $75.00.
e. Intoxicating liquor (all kinds) — by drink: $450.00.
2. Sunday sales. (Additional fees)
a. Intoxicating liquor at retail: $300.00.
3. Permits.
a. Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
c. Caterers: $15.00 per each calendar day.
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 sixty-eight (168) 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
600.040(A)(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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
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 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.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
A. Any
person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a self-dispensing system, which
is monitored and controlled by the licensee and allows patrons of
the licensee to self-dispense beer or wine. Before a patron may dispense
beer or wine, an employee of the licensee must first authorize an
amount of beer or wine, not to exceed thirty-two (32) ounces of beer
or sixteen (16) ounces of wine per patron per authorization, to be
dispensed by the self-dispensing system.
B. No
provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish self-dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of self-dispensing
systems.
A. Any
person who is licensed to sell intoxicating liquor in the original
package at retail as provided in Subsection 1 of Section 311.200,
RSMo., may sell from thirty-two (32) to one hundred twenty-eight (128)
fluid ounces of draft beer to customers in containers filled by any
employee of the retailer on the premises for consumption off such
premises. Any employee of the licensee shall be at least twenty-one
(21) years of age to fill containers with draft beer.
B. No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection
(A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C. Requirements Regarding Containers.
1. Containers that are filled or refilled under Subsection
(A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a. Brand name of the product dispensed;
b. Name of brewer or bottler;
c. Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
e. Name and address of the business that filled or refilled the container;
g. The following statement: "This product may be unfiltered and unpasteurized.
Keep refrigerated at all times."
2. Containers that are filled or refilled under Subsection
(A) of this Section shall be affixed with the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, as regulated by 27 CFR 16.20 to 16.22.
D. Additional Regulations.
1. The filling and refilling of containers shall only occur on demand
by a customer and containers shall not be prefilled by the retailer
or its employee.
2. Containers shall only be filled or refilled by an employee of the
retailer.
3. Containers shall be filled or refilled as follows:
a. Containers shall be filled or refilled with a tube as described in Subsection
(D)(4) below and:
(1)
Food-grade sanitizer shall be used in accordance with the Environmental
Protection Agency registered label use instructions;
(2)
A container of liquid food-grade sanitizer shall be maintained
for no more than ten (10) malt beverage taps that will be used for
filling and refilling containers;
(3)
Each container shall contain no fewer than five (5) tubes that
will be used only for filling and refilling containers;
(4)
The container shall be inspected visually for contamination;
(5)
After each filling or refilling of a container, the tube shall
be immersed in the container with the liquid food-grade sanitizer;
and
(6)
A different tube from the container shall be used for each filling
or refilling of a container; or
b. Containers shall be filled or refilled with a contamination-free
process and:
(1)
The container shall be inspected visually for contamination;
(2)
The container shall only be filled or refilled by the retailer's
employee; and
(3)
The filling or refilling shall be in compliance with the Food
and Drug Administration Code 2009, Section 3-304.17(c).
4. Containers shall be filled or refilled from the bottom of the container
to the top with a tube that is attached to the malt beverage faucet
and extends to the bottom of the container or with a commercial filling
machine.
5. When not in use, tubes to fill or refill shall be immersed and stored
in a container with liquid food-grade sanitizer.
6. After filling or refilling a container, the container shall be sealed as set forth in Subsection
(A) of this Section.
[CC 1987 §600.060; Ord. No. 83-10 §5, 11-22-1983]
All applications for licenses shall be made upon such forms
in such manner as the Collector shall prescribe.
[CC 1987 §600.070; Ord. No. 502 §3, 10-30-1961; Ord. No. 09-12 §1, 10-13-2009; Ord. No. 09-14 §1, 12-8-2009]
The sale of alcoholic beverages by the drink is hereby restricted
to those areas within the City that are zoned commercial.
Only four (4) establishments shall be permitted to sell alcoholic
beverages in the original package not for consumption on the premises
at any one time within the City, except that the Board of Aldermen
by motion, favorably passed, may permit sales for one (1) day of alcoholic
beverages by the drink by any civic improvement, philanthropic, benevolent,
religious, municipal, or fraternal organization, provided that proper
licenses are secured from Federal, State and County by bureaus.
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.
C. 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 6:00 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.
D. 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 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 except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a "closed place" as defined in Section
600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one room only, 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.
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.
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.
5. Every licensee shall keep displayed prominently at all times on its
licensed premises any City license designating the premises as a place
licensed by the City to sell intoxicating liquors. Nonetheless, no
application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. Within ten (10) days from the issuance
of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
A. Notwithstanding
any provision of law to the contrary, any person who is licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption
may sell retailer-packaged alcoholic beverages to customers in containers,
filled on such premises by any employee of the retailer who is twenty-one
(21) years of age or older, for off-premises consumption if all the
following requirements are met:
1. The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A "sealable" container does not include a
container with a lid with sipping holes or openings for straws;
2. The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3. The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subsection,
a "meal" is defined as food that has been prepared on-premises;
4. The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5. The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcoholic beverages; and
6. The container is either:
a. Placed in a one-time-use, tamperproof, transparent bag that is securely
sealed; or
b. The container opening is sealed with tamperproof tape.
7. For purposes of this Subsection, "tamperproof" means that a lid,
cap, or seal visibly demonstrates when a bag or container has been
opened.
B. Containers that are filled under Subsection
(A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
C. The
filling of a container under this Section shall be in compliance with
Section 3-304.17(c) of the 2009 Food and Drug Administration Food
Code.
D. No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection
(A) of this Section to any person who is licensed to sell intoxicating liquor at retail.
[RSMo. §311.080, 2005]
A. No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within one hundred (100) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C. Subsection
(A) of this Section shall not apply 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. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[CC 1987 §600.110; Ord. No. 517 §7, 4-30-1962]
Every place where intoxicating liquor is sold by the drink for
consumption on the premises shall be a single room located on the
ground floor.
[CC 1987 §600.120; Ord. No. 517 §8, 4-30-1962]
No place licensed to sell liquor by the drink shall have on
the premises any gambling or gaming device whatsoever or any tables
concealed or enclosed in private rooms or by partitions or rooms.
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.
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. Delivery
of intoxicating liquor 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.
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor but which does not sell intoxicating liquor at retail, persons
at least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail.
4. Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a. Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b. Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5. 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 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.
B. Sales To Minor — Exceptions.
1. 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.
2. Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.
3. It shall be a defense to prosecution under this Subsection if:
a. The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b. The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c. To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document, containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
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.
1. No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section
600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2. 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, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
a. The type of test administered and the procedures followed;
b. The time of the collection of the blood or breath sample or urine
analyzed;
c. The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d. The type and status of any permit which was held by the person who
performed the test;
e. If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
|
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
|
3. The provisions of this Subsection shall not apply to a student who:
a. Is eighteen (18) years of age or older;
b. Is enrolled in an accredited college or university and is a student
in a culinary course;
c. Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
d. Tastes a beverage under Subsection
(D)(3)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
|
The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection, may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
|
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.
A. A person
commits the offense of manufacturing a false identification if he
or she possesses any means of identification for the purpose of manufacturing
and providing or selling a false identification card to a person under
the age of twenty-one (21) for the purpose of purchasing or obtaining
alcohol.
B. The
offense of manufacturing a false identification is an ordinance violation.
A. Notwithstanding
any provision of law to the contrary, entertainment facilities including,
but not limited to, arenas and stadiums used primarily for concerts,
shows, and sporting events of any kind and entities selling concessions
at such facilities that possess all necessary and valid licenses and
permits to allow for the sale of alcoholic beverages shall not be
prohibited from selling and delivering alcoholic beverages purchased
through the use of mobile applications to individuals attending events
on the premises of such facilities if the facilities are in compliance
with all applicable State laws and regulations regarding the sale
of alcoholic beverages.
B. For
purposes of this Section, the term "mobile application" shall mean
a computer program or software designed to be used on hand-held mobile
devices such as cellular phones and tablet computers.
C. Any
employee of a facility or entity selling concessions at a facility
who delivers an alcoholic beverage purchased through a mobile application
to an individual shall require the individual to show a valid, government-issued
identification document that includes the photograph and birth date
of the individual, such as a driver's license, and shall verify that
the individual is twenty-one (21) years of age or older before the
individual is allowed possession of the alcoholic beverage.
[CC 1987 §600.140; Ord. No. 517 §10, 4-30-1962]
Nothing herein contained shall exempt the licensee from the
provisions of any other Chapter providing for the licensing of merchants
or dealers in goods other than intoxicating liquors, and the license
herein required and the fees provided shall be separate from any license
or fee provided by other articles for businesses other than the sale
of intoxicating liquors.
[CC 1987 §600.150; Ord. No. 517 §11, 4-30-1962]
Application for license to sell intoxicating liquor hereunder
shall be filed with the City Clerk on forms to be provided by him/her
and shall be signed and sworn to by the applicant. Said application
shall be accompanied by a bond to be given to the City in the penal
sum of two thousand dollars ($2,000.00), with sufficient sureties,
conditioned that the licensee shall keep an orderly house at all times,
that he/she will faithfully obey all of the terms and provisions of
the Code of the City and the laws of the State of Missouri relating
to intoxicating liquors and that he/she will pay all license fees
and penalties provided for in this or other Chapters or amendments
thereto. Additional sureties may be required by the Board of Aldermen
before issuance of license or at any time during the license period
if the sureties be deemed insufficient. Only one (1) bond shall be
required from any one (1) person, and such bond shall cover all licenses
and classes of sales carried on by such person. Said bond may be sued
on by the City in its own name for the collection of all fees, penalties,
taxes, or fines due the City from the licensee and in the name of
the City to the use of any person damaged by breach of any condition
thereof.
[CC 1987 §600.160; Ord. No. 517 §12, 4-30-1962]
A. Upon
the filing of an application and bond for a license hereunder, the
City Clerk shall submit the name to the Board of Aldermen, and the
Board of Aldermen shall, in its sound discretion in case all laws
and ordinances have been complied with, order the issuance of a license
for a period of one (1) year. A separate license shall be required
for each place of business of the applicant.
B. Licenses
shall be signed by the Mayor and City Clerk, shall contain the name
of the licensee, a description of the place licensed, the class of
sales permitted thereunder, the amount of the fee, the date of expiration
of said license, and other data deemed pertinent, and no license shall
be deemed to authorize sales at any place other than that described
therein. License shall be posted and maintained by the licensee in
a conspicuous place in the premises licensed for the sale of intoxicating
liquor.
[CC 1987 §600.170; Ord. No. 517 §13, 4-30-1962]
The annual license issued hereunder shall be dated January first (1st), and shall expire on December thirty-first (31st), and fees shall be paid annually in advance of the issuance of renewal thereof. Licenses may be issued in accordance with Chapter
605 and amendments thereto for a part of a year for businesses started after January first (1st), but all licenses shall expire on December thirty-first (31st).
[CC 1987 §600.180; Ord. No. 517 §14, 4-30-1962]
This Chapter shall be enforced by the City Marshal or his/her
deputies.