City of Frontenac, MO Chapter 600 Alcoholic Beverages

Cross References — Driving while in an intoxicated or drugged condition, §342.020; driving with excessive blood alcohol content, §342.030.

Article I General Provisions [1]

[1] Cross Reference — Application for occupational license tax to businesses selling liquor, §605.030.

Section 600.010 Definitions.

[CC 1991 §4-52; Ord. No. 48 §§1, 27, 6-6-1949; Ord. No. 806 §2(3), 6-13-1989]

The following words and phrases, when used in this Article, shall have the meanings respectively ascribed to them:

CLUB

Any organization, whether incorporated or not, of fifty (50) or more members, not formed for profit, where the property and equipment of such 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.

INTOXICATING LIQUOR

Shall mean and include alcohol for beverage purposes, 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 in Section 312.010, RSMo. 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, but subject to inspection as provided by Sections 196.365 and 196.445, RSMo.

PERSON

Any individual, association, joint stock company, syndicate, club, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal court.

PREMISES

That portion of any building in which a licensee under this Article has his/her place of business and any additional building or portion thereof used by the licensee in connection therewith, but not any other portion of the entire lot or lots, parcel or parcels of land on which such buildings are situated or which are used in connection with such buildings. The term "premises" shall also include the entire building in the case of hotels or motels in which a licensee hereunder has his/her place of business and any additional building and enclosed improvement or patio used in connection therewith, but not the parking areas nor the entire lot or lots, parcel or parcels of land on which said buildings are situated or which are used in connection with said buildings or which are used in connection with the sale or consumption of intoxicating liquor.

RESTAURANT

Any place of business, the main purpose and activity of which is to serve meals, sandwiches, short orders and other food to be eaten by its customers on the premises and which does not provide or furnish to the public lodging or sleeping rooms.

WHOLESALER

A person who exposes for or makes one (1) or more sales for resale of intoxicating liquor within the limits of this City, or who conducts a business of exposing for sale or selling intoxicating liquor for resale from an established place of business within the limits of this City.

Section 600.020 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 this 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 for in this 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 law shall prevent a regularly licensed druggist, after he/she procures a license therefor in compliance with this law, from selling intoxicating liquor in the original packages, 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.

Section 600.030 Enforcement.

[CC 1991 §4-54; Ord. No. 48 §5, 6-6-1949; Ord. No. 806 §2(7), 6-13-1989]

It shall be the duty of the Police of the City to see that the provisions of this Article and of other ordinances in regard to the sale of intoxicating liquor are obeyed, and to report to the Police Chief any place where intoxicating liquor is sold at retail which is not kept in an orderly manner or in violation of any of the provisions hereof, or any person selling intoxicating liquor in the City without a license. It shall be the duty of the Police Chief to report all such violations immediately to the Board of Aldermen.

Section 600.040 Misrepresentation of Age By Minor.

[CC 1991 §4-55]

Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of a misdemeanor. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.

Section 600.050 Purchase or Possession By Minor.

[Ord. No. 2007-1532 §1, 2-20-2007]

Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession any intoxicating liquor as defined in Section 600.010, or who is visibly in an intoxicated condition as defined in Section 342.010, or has a detectable blood alcohol content of two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

Section 600.060 Persons Eighteen Years of Age or Older May Sell or Handle Liquor or Beer, When.

A. Except as provided in Subsections (B), (C) and (D) of 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.

B. 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 and accept payment for, and sack for carryout, 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.

C. In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to this Chapter or Chapter 312, RSMo., may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor or non-intoxicating beer.

D. 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.

Section 600.070 Sale Prohibited During Certain Hours.

[CC 1991 §4-57; Ord. No. 48 §14, 6-6-1949; Ord. No. 147 §2, 8-26-1957; Ord. No. 379 §I, 12-16-1967; Ord. No. 380 §1, 12-21-1967; Ord. No. 793 §1, 1-10-1989; Ord. No. 806 §2(5), 6-13-1989; Ord. No. 2021-1959, 11-16-2021]

A. No person having a license under this Article nor any employee of such person shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his/her premises any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. daily. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. 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 intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in a single premises and substantial quantities of food and merchandise other than intoxicating liquors 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. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. The hours of operation provisions shall not apply to a licensed controlled access liquor system in a qualified establishment as defined in Section 311.099, RSMo., as now in force or hereafter amended. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.

B. 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 Subsection (A) hereof, or any other provision of law to the contrary.

Section 600.080 Sunday Sales License.

[CC 1991 §4-57.1; Ord. No. 806 §2(6), 6-13-1989; Ord. No. 2004-1366 §1, 1-20-2004; Ord. No. 2021-1959, 11-16-2021]

Any person licensed by the State of Missouri to sell intoxicating liquor between the hours of 6:00 A.M. on Sundays and 1:30 AM on Mondays by the drink at retail for consumption on the premises of any "restaurant bar," as defined in Section 311.097, RSMo., may apply for, and the City Clerk may issue, a license authorizing such sales in the City upon payment, in addition to all other fees required by law or ordinance, of an additional fee of two hundred dollars ($200.00) per license year, payable at the same time and in the same manner as the applicant's other liquor license fees to this City.

Section 600.090 Permitting Consumption By Minors On Business Premises Prohibited.

[CC 1991 §4-58; Ord. No. 48 §16, 6-6-1949]

It shall be unlawful for any merchant or keeper of any place of business in the City, or any licensee under the provisions of this Article, or the employee of any of such persons to suffer or permit any minor to drink or consume on the premises on which his/her business is conducted any whiskey, brandy, gin, wine, hooch, alcohol or intoxicating liquor in excess of one-half of one percent (0.5%) alcoholic content by weight, however acquired, or to sell, give away, lend, permit the use of or otherwise dispose of any soda water, ginger ale, water, ice, glass, spoon, container or receptacle to any person with the intent or knowledge that the same will be consumed or used in connection with the drinking or consuming by a minor of any such liquor on such premises.

Section 600.100 Sale To Minor — Certain Other Persons, Misdemeanor — Exceptions.

Any licensee under this Chapter, or his/her employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a misdemeanor, except that this Section shall not apply 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 any 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 when serving in the capacity as an employee of a licensed establishment.

Section 600.105 Sale Of Retailer-Packaged Alcoholic Beverages To Customers In Containers For Off-Premises Consumption, When — Requirements.

[Ord. No. 2021-1959, 11-16-2021]

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, leakproof, sealable, and designed to prevent consumption without removal of the tamper-proof 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 does 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 subdivision, 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 alcohol beverages; and

6. The container is either:

a. Placed in a one-time-use, tamper-proof, transparent bag that is securely sealed; or

b. The container opening is sealed with tamper-proof tape.

For purposes of this subdivision, "tamper-proof" 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."

Article II License Regulations

Section 600.110 Required — Classes.

[CC 1991 §4-68; Ord. No. 48 §§2, 26, 6-6-1949; Ord. No. 806 §2(8), 6-13-1989]

A. It shall be unlawful for any person to manufacture, distill, brew, sell or expose for sale in this City intoxicating liquor in any quantity, without taking out a license from the City. A separate license shall be taken out for each of the following classes of sales of intoxicating liquors in which the licensee desires to engage:

1. Sales of all kinds of intoxicating liquors in the original package not to be consumed on the premises where sold;

2. Sale of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold or for consumption in a common eating and drinking area, as described in Section 311.096, RSMo., including the sale of intoxicating liquors in the original package;

3. Sales of malt liquor and beer 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 and not for consumption on the premises where sold;

4. Sales of malt liquor and beer containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight or light wine, as defined in Section 311.200, RSMo., containing not in excess of fourteen percent (14%) alcohol by weight, or both, at retail by the drink for consumption on the premises where sold, which license shall also permit the holder to sell non-intoxicating beer, as defined in Ch. 312, RSMo.;

5. Sunday sales by licensees under Subsections (2) and (4) above;

6. Sunday sales by certain organizations under Section 311.090, RSMo.;

7. Temporary license permits for certain organizations and businesses having a State license under Sections 311.482 or 311.485, RSMo.;

8. Manufacturing, brewing, distilling or blending of intoxicating liquors;

9. Selling to duly licensed wholesalers and soliciting orders for the sale by or through duly licensed wholesalers of intoxicating liquors; and

10. Manufacturing of light wines, as defined in Section 311.200, RSMo., in quantities not exceeding seventy-five thousand (75,000) gallons.

B. Each license shall apply to the class for which issued, and it shall be unlawful to sell or expose for sale any intoxicating liquor except of the type and kind for which a particular fee has been paid and except in the manner authorized in the license held by the licensee as issued under this Article.

Section 600.120 When Merchant Is Exempt.

Solicitors, manufacturers and blenders of intoxicating liquor shall not be required to take out a merchant's license for the sale of their products at the place of manufacture or in quantities of not less than one (1) gallon.

Section 600.130 Qualifications of Licensee.

No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the State, 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 State; 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/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 Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler, within this State.

Section 600.140 Application.

[CC 1991 §4-71; Ord. No. 48 §6, 6-6-1949]

Application for a license to sell intoxicating liquors under the provisions of this Article shall be filed with the City Clerk and shall be on forms to be furnished by the Clerk and signed and sworn to by the applicant.

Section 600.150 Issuance — Restrictions.

[Ord. No. 2011-1665 §1, 9-20-2011; Ord. No. 2013-1715 §1, 12-17-2013]

Upon the filing of an application for a license under this Article, such application shall be presented to the Board of Aldermen at its next regular or special meeting, and, upon approval of such application by a majority of the Board and upon payment of the license tax provided for in Section 600.200, the City Clerk shall issue a liquor license to the applicant to conduct such business in the City; provided, however, that not more than sixteen (16) licenses for sales taxed under Section 600.200(A)(7), (8) and (9) shall be issued or shall be in force and effect at any one time; and provided further that no such license shall be issued except to the owner, proprietor or keeper of a bona fide tavern, restaurant or hotel dining room where food is regularly or customarily sold at tables for consumption or on the premises at retail in the ordinary and usual course of the restaurant business; and provided further that there shall be no more than two (2) licenses for sales taxed under Section 600.200(A)(5) and (6). Licenses for manufacturing, brewing, distilling or blending intoxicating liquors or manufacturing light wines taxed under Section 600.200(A)(1) through (4) shall not be limited in number, and Sunday licenses and temporary license permits taxed under Section 600.200(A)(10) through (15) shall not be limited in number.

Section 600.160 Hearing Required. [1]

[Ord. No. 2011-1665 §1, 9-20-2011]

No license for the sale of all kinds of intoxicating liquors at retail, by the drink for consumption on the premises where sold shall be hereafter transferred to a new location, nor shall any such original license be hereafter issued to an applicant therefor unless the following condition has been made and complied with: A hearing before the Board of Aldermen with notices being sent fifteen (15) days before the hearing to all property owners within three hundred (300) feet from the proposed location in all directions.

[1] Editor's Note — Ord. no. 2011-1665 §1, adopted September 20, 2011, repealed section 600.150 "on-premises consumption, stopping of transfer of location or renewal by neighboring property owners" and section 600.160 "issuance — restrictions" and enacted new provisions set out herein. Former sections 600.150 — 600.160 derived from CC 1991 §§4-72 — 4-73; ord. no. 48 §§6 — 7, 6-6-1949; ord. no. 520 §1, 11-19-1974; ord. no. 806 §2(9), 6-13-1989; ord. no. 811 §2, 8-14-1989; ord. no. 94-993 §1, 4-19-1994; ord. no. 2003-1320 §1, 5-20-2003.

Section 600.165 Light Wine and Malt Beverage Tasting License.

[Ord. No. 2002-1290 §1, 10-15-2002; Ord. No. 2003-1308 §§1 — 3, 2-18-2003]

A. Any person or business who is licensed by the City to sell intoxicating liquor in the original package shall be permitted to conduct light wine and malt liquor tastings on the premises in which they are licensed to sell intoxicating liquor in the original package, subject to the following conditions:

1. Such sampling or tasting shall be limited to a serving of one (1) ounce samples and not more than a total of two (2) ounces to any one (1) person per day;

2. Consumption of the sample must take place within ten (10) feet of the point where the sample is served, and;

3. Except as specifically permitted by this Section, all other provisions of this Chapter shall remain in effect;

4. The licensee may charge a reasonable fee to cover the expenses associated with the tasting event.

B. A licensee under this Section shall pay a license fee of twenty-five dollars ($25.00) a year payable at the same time and manner as other license fees.

C. Nothing in this Section shall be construed to permit the licensee to sell wine by the drink as defined in Section 311.100, RSMo., for consumption on the licensed premises.

Section 600.170 Separate License Required For Each Place of Business — Contents.

[CC 1991 §4-74; Ord. No. 48 §8, 6-6-1949]

A separate license shall be required under this Article for each place of business. Every license issued under the provisions of this Article 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.

Section 600.180 Controlled Access Liquor Cabinet System For Qualified Establishments.

[CC 1991 §4-74.1; Ord. No. 806 §2(4), 6-13-1989]

Licensees operating "qualified establishments", as defined in Section 311.099, RSMo., and having a license from the State of Missouri and from the City of Frontenac for the sale of any kind of intoxicating liquor by the drink for consumption on the premises where sold and for sale of such liquor on such premises on Sundays at prescribed hours, upon application by the licensee to the Board of Aldermen, may also be granted a license to operate a controlled access liquor cabinet system in accordance with the provisions of Section 311.099, RSMo., now in force or as hereafter amended.

Section 600.190 Proximity of Place of Sale To Church or School Restricted. [1]

[CC 1991 §4-75; Ord. No. 48 §9, 6-6-1949; Ord. No. 2008-1569 §1, 4-22-2008]

A. No license shall be issued under this Article where the place of such sale is within one hundred (100) feet of any property used for church or other place of worship or school purposes without the consent in writing of the Board of Aldermen. 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. The proximity limitations of this Section shall not apply to:

1. A license issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States, or

2. 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. 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.

[1] Cross Reference — Zoning, ch. 405.

Section 600.200 Fees. [1]

[CC 1991 §4-76; Ord. No. 48 §§10 — 12, 30, 6-6-1949; Ord. No. 71 §1, 3-2-1954; Ord. No. 147 §1, 8-26-1957; Ord. No. 436 §§1 — 3, 10-12-1971; Ord. No. 806 §2(10), 6-13-1989]

A. Before any license shall be issued for the manufacture or sale of intoxicating liquors in the City, the applicant therefor shall pay to the City a fee as follows:

1. For the manufacturing, brewing, distilling or blending of intoxicating liquors:

a. Containing not more than five percent (5%) of alcohol by weight: $75.00.

b. Containing not more than twenty-two percent (22%) of alcohol by weight: $150.00.

c. Of all kinds: $300.00.

2. For selling to duly licensed wholesalers and soliciting orders for the sale by or through a duly licensed wholesaler of intoxicating liquors:

a. Containing not more than five percent (5%) of alcohol by weight: $75.00.

b. Containing not more than twenty-two percent (22%) of alcohol by weight: $150.00.

c. Of all kinds: $375.00.

3. For the sale by a wholesaler to a person duly licensed to sell, at retail, intoxicating liquor:

a. Containing not more than five percent (5%) of alcohol by weight: $75.00.

b. Containing not more than twenty-two percent (22%) of alcohol by weight: $150.00.

c. Of all kinds: $375.00.

4.

a. For the manufacture in quantities not exceeding seventy-five thousand (75,000) gallons of light wines containing not more than fourteen percent (14%) of alcohol by weight exclusively from grapes, berries and other fruits and vegetables grown in the State, for each five hundred (500) gallons or fraction thereof: $7.50.

b. A manufacturer hereunder may sell directly to the consumer at the winery in lots not exceeding five (5) gallons, and to duly licensed wholesalers and retailers in lots of five (5) gallons or more.

5. For the sale at retail of intoxicating liquors in the original package and not for consumption on the premises where sold in connection with a drugstore, a cigar and tobacco store, a general merchandise store, a confectionery or delicatessen, or a store having and keeping a stock of goods valued at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors: $150.00.

6.

a. For the sale of malt liquor and beer containing over three and two-tenths percent (3.2%) alcohol but not over five percent (5%) alcohol by weight by grocers and other merchants and dealers in the original package direct to consumers and not for resale nor for consumption on the premises where sold: $22.50.

b. This license shall also permit the sale of non-intoxicating beer in the original package direct to consumers, but not for resale.

7.

a. For the sale of malt liquor and beer containing over three and two-tenths percent (3.2%) alcohol but not over five percent (5%) alcohol by weight or light wine as defined in Section 311.200, RSMo., containing not in excess of fourteen percent (14%) alcohol by weight, or both, by the drink for consumption on the premises where sold: $52.50.

b. This license shall also permit the sale of non-intoxicating beer by the drink for consumption on the premises where sold.

8.

a. For the sale of any kind of intoxicating liquor by the drink for consumption on the premises where sold or for consumption in a common eating and drinking area as described in Section 311.096, RSMo.: $450.00.

b. This license shall also permit the sale of intoxicating liquor in the original package.

9. For a restaurant bar licensed under Section 311.097, RSMo.: $300.00.

10.

a. a. For Sunday sales by any business holding a license for sales under (7), (8) and (9) above, an additional: $200.00.

b. This license does not permit the sale of package goods at retail and not for consumption on the premises, on Sunday.

11. For Sunday sales by organizations licensed under Section 311.090, RSMo.: $300.00.

12. For temporary permits to sell malt liquor and beer containing over three and two-tenths percent (3.2%) alcohol by weight as authorized under Section 311.215, RSMo.: $37.50.

13. For temporary permits to sell wine, malt liquor and beer containing over three and two-tenths percent (3.2%) alcohol by weight as authorized under Section 311.218, RSMo., for not in excess of seven (7) days between June fifteenth (15th) and July fifteenth (15th) in connection with gatherings or events celebrating the annual anniversary of the signing of the Declaration of Independence: $150.00.

14. For temporary permits for the sale of intoxicating liquors for consumption on the premises where sold by certain organizations as authorized under Section 311.482, RSMo.: $37.50.

15. For temporary permits for the sale of intoxicating liquor by caterers and certain others by the drink for consumption on the premises pursuant to Section 311.485, RSMo., per day or fraction thereof: $15.00.

[1] Cross Reference — Occupational licenses generally, ch. 605.

Section 600.210 Collection of Fees.

[CC 1991 §4-77; Ord. No. 48 §21, 6-6-1949]

All fees collected by the Collector pursuant to the provisions of this Article shall be accounted for and paid into the Treasury as other funds collected by the Collector are accounted for and paid.

Section 600.220 Term — Proration of Fees.

[CC 1991 §4-78; Ord. No. 48 §24, 6-6-1949]

The annual licenses issued under this Article shall be dated July first (1st) and shall expire June thirtieth (30th) of the following year, and the fees for such licenses shall be paid annually in advance. Licenses may be issued for part of a year for businesses commenced after July first (1st), and proportionate fees charged based on the months or fraction of a month such licenses are to run to the next June thirtieth (30th) following.

Section 600.230 Display.

[CC 1991 §4-80; Ord. No. 48 §19, 6-6-1949]

All licenses issued pursuant to the provisions of this Article shall be kept conspicuously posted in the place for which such license was issued.

Section 600.240 Transferability.

[CC 1991 §4-81; Ord. No. 48 §13, 6-6-1949]

A. No license issued under this Article shall be transferable or assignable except as provided in this Section.

B. 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 Article may make application for a transfer of 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.

C. Whenever one (1) or more members of a partnership withdraws from the partnership, the remaining partners may be permitted to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.

Section 600.250 Revocation — Notice and Hearing.

[CC 1991 §4-82; Ord. No. 48 §23, 6-6-1949]

Whenever it is shown to the Board of Aldermen that a dealer licensed under this Article has not at all times kept an orderly place or house, or has violated any of the provisions of this Article or of the Liquor Control Act of the State, or has no license from the State Supervisor of Liquor Control, or has made a false affidavit in his/her application for a license, the Board of Aldermen, after a hearing thereon, shall suspend or revoke the license of such dealer, giving ten (10) days' notice, in writing, thereof prior to the hearing thereon to the dealer, or any person in charge of or employed in the place licensed stating the time, place, purpose and grounds therefor, at which hearing the dealer may have counsel and produce witnesses in his/her behalf.

Section 600.255 Suspension Or Revocation Of Liquor License — Cause.

[Ord. No. 2016-1794 § 1, 6-21-2016]

A. The Board of Aldermen may suspend or revoke any license issued under this Chapter for any one (1) or more of the following violations by the licensee or his/her employee(s):

1. Failure to prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person who is upon the licensed premises;

2. Failure to immediately report to the proper law enforcement authorities an illegal or violent act that has been committed on or about the licensed premises when the licensee or his/her employee knew or should have known that said act occurred upon the licensed premises;

3. Failure to cooperate fully with law enforcement authorities during the course of an investigation into an illegal or violent act that was committed on or about the licensed premises;

4. Permitting the performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sex acts which are prohibited by law;

5. Permitting upon the licensed premises the display of any portion of the areola of a female breast or permitting a failure to cover the entire areola and entire front of a female breast with opaque clothing;

6. Permitting upon the licensed premises the actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals of a person;

7. Permitting upon the licensed premises the actual or simulated display of the anus, vulva, genital or pubic hair or permitting a failure to cover pubic hair, anus, vulva or genitals with opaque clothing;

8. Permitting any person to remain on the licensed premises after that person has exposed to public view any portion of his/her genitals or anus or has failed at any time to have and keep opaque clothing over all parts of his/her genitals and anus;

9. Permitting upon the licensed premises the display of films, video programs or pictures depicting acts which are prohibited by this Chapter or are offenses involving indecency and obscenity as set forth in the City of Frontenac Municipal Code of Ordinances, as amended;

10. Any violation of the provisions of this Code, including those provisions of this Code relating to the issuance of licenses, or the State laws and regulations governing the sale of intoxicating liquor by the drink.

Section 600.260 Selling To Unlicensed Dealer Prohibited.

[CC 1991 §4-83; Ord. No. 48 §31, 6-6-1949]

It shall be unlawful for any manufacturer, distiller, brewer or wholesaler in intoxicating liquor, either directly or indirectly, to sell or deliver intoxicating liquor of any kind to any person in the City not licensed under the provisions of this Article to sell intoxicating liquors at retail.

Section 600.270 License For Sale of Malt Liquor Only — Certain Restrictions — Penalty For Violation.

A. It shall be unlawful for any person, holding a license for the sale of malt liquor only, to possess, consume, store, sell or offer for sale, give away or otherwise dispose of, upon or about the premises mentioned in said license, or, upon or about said premises, to suffer or permit any person to possess, consume, store, sell or offer for sale, give away or otherwise dispose of, any intoxicating liquor of any kind whatsoever other than malt liquor brewed or manufactured by the method, in the manner, and of the ingredients, required by the laws of this State. Whosoever shall violate any provision of this Section shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction shall be punished as in this Chapter provided as to misdemeanors. Upon such conviction becoming final, the license of the person so convicted shall forthwith, and without other or further action, order or proceeding, be deemed to have been revoked, and shall by the licensee be forthwith surrendered to the supervisor and canceled.

B. No license for the sale of malt liquor only shall be issued to any person having in his/her possession or on the premises to be licensed a federal excise or occupational tax stamp or receipt, designating such person or premises as the person or place for dealing in intoxicating liquor other than malt liquors, or evidencing the payment of a tax for being a dealer in liquors other than malt liquors. If any person having a license for the sale of malt liquors only shall have in his/her possession or on the licensed premises a federal excise or occupational tax stamp or special tax receipt, designating such person or premises as the person or place for dealing in intoxicating liquors, except malt liquors, or evidencing the payment of a tax for being a dealer in liquor other than malt liquors, the license of such person shall be revoked by the supervisor. In any prosecution for the violation of this Section, evidence that the defendant has in his/her possession or upon the premises in question a federal excise or occupational tax stamp or special tax receipt, designating such person or premises as the person or place for dealing in intoxicating liquors other than malt liquors, or evidencing the payment of a tax for being a dealer in liquors, other than malt liquors, shall be deemed prima facie evidence of a violation of the provisions of this Section.

C. Any person holding a license for the sale of malt liquor only, who shall have in his/her possession or upon the licensed premises a federal excise or occupational tax stamp or receipt, designating such person or premises as the person or place for dealing in intoxicating liquors, except malt liquors, or evidencing the payment of a tax for being a dealer in liquor other than malt liquors, or for a term to expire after the expiration of his/her permit, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the County Jail for a term of not less than three (3) months, nor more than one (1) year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), or by both such fine and imprisonment.