Cross References: See § 340.200, regarding driving while intoxicated; and § 340.220, regarding consumption of alcoholic beverages in a moving vehicle.
Editor's Note: Former Ch. 600, which
derived from CC 1968 §§ 3-2 — 3-9, 3-11 —
3-14, 3-16 — 3-21, 3-23 — 3-33, 3-70 — 3-71, 14-154;
Ord. No. 471 §§ 2 — 9, 11 — 14, 16 —
21, 23 — 31, 11-3-1969; Ord. No. 563 § 1, 10-4-1971;
Ord. No. 585 § 1, 3-20-1972; Ord. No. 716 § 1,
11-19-1973; Ord. No. 766 § 1, 1-20-1975; Ord. No. 857 § 1,
9-20-1976; Ord. No. 1062 §§ 1 — 4, 6, 2-18-1980;
Ord. No. 1128 § 1, 11-16-1981; Ord. No. 1139 § 1,
2-1-1982; Ord. No. 1182 § 1, 11-1-1982; Ord. No. 1210 § 1,
3-21-1983; Ord. No. 1249 § 1, 10-3-1983; Ord. No. 1335 § 1,
10-1-1984; Ord. No. 1610 §§ 2 — 8, 3-2-1987;
Ord. No. 1615 § 1, 3-16-1987; Ord. No. 1715 § 1,
4-4-1988; Ord. No. 1766 §§ 1 — 2, 7-18-1988;
Ord. No. 1837 § 1, 6-5-1989; Ord. No. 2282 § 1,
11-25-1992; Ord. No. 2346 § 1, 6-7-1993; Ord. No. 2373 § 1,
9-20-1993; Ord. No. 2489 § 1, 9-7-1994; Ord. No. 2542 § 1(3-17.1),
2-6-1995; and Ord. No. 3592 §§ 1 — 5, 8-18-2003,
was superseded 12-18-2006 by Ord. No. 4012 § 1.
[R.O. 1996 § 600.010; Ord. No. 4012 § 1, 12-18-2006; Ord. No. 4425 § 1, 12-17-2012]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to the
in this Section, except where the context clearly indicates a different
meaning:
When a person who has been legally licensed by the City and
State to conduct a business under this Chapter and State regulations
and voluntarily ceases to operate such business for a period of thirty
(30) days or more.
Property immediately adjoining or separated only by an intervening
street, alley, highway or other public thoroughfare.
Intoxicating liquor.
That portion of land abutting upon a City street that lies
between any two (2) intersecting streets.
A church building or student center erected and maintained
as a church or student center building and in which services are regularly
held; provided, however, the mere holding of religious services in
any building not built and constructed as a church or student center
building shall not bring such building within the definition of a
church.
A place where all doors are locked and where no patrons are
in the place or about the premises.
The clubs eligible for a license pursuant to this Chapter
and shall be regularly incorporated associations, not-for-profit,
under the laws of the State, organized solely for benevolent, charitable
or social purposes and having regular dues-paying members.
Pinball machines, marble machines, music-vending machines,
pool tables or machines, coin-operated shuffleboards and any other
device operated by the insertion of a coin, disc or other insertion
piece, whether or not also manipulated by the operator, and which
operate for the amusement of the operator, whether or not by registering
a score. The term "coin-operated amusement device" shall not include
slot machines, claw machines or other machines prohibited by State
and Federal law, nor shall it include machines or devices used solely
for the vending service of food, confections or merchandise.
A license for the consumption of alcoholic beverages in or
upon premises that do not possess a regular license for the sale of
alcoholic beverages and where food, beverages or entertainment are
sold or provided for compensation as provided in Section 311.480,
RSMo.
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.
The holder of any license issued under the provisions of
this Chapter.
Any liquor containing alcohol in excess of three and two-tenths
percent (3.2%) by weight and not in excess of five percent (5%) by
weight, manufactured from pure hops or pure extraction of hops or
pure barley or wholesome grain or cereals and wholesome yeast or pure
water.
The person who is in active management and in control of
property.
Any package containing fifty (50) milliliters or more of
intoxicating liquor, excepting malt liquor, and such term shall also
refer to any package containing one (1) or more standard bottles,
cans, or pouches of beer. A standard bottle is any bottle or can containing
twelve (12) ounces or less of malt liquor.
[Ord. No. 4560 § 3, 8-3-2015]
The bounds of the enclosure where alcoholic beverages are
sold or consumed.
Any building which is regularly used as a public, private
or parochial school, elementary school, high school, college, university,
professional school, business or secretarial school receiving some
support from public, religious or charitable funds.
Those persons selling alcoholic beverages to duly licensed
retailers for resale.
A beverage containing not in excess of fourteen percent (14%)
of alcohol by weight.
[R.O. 1996 § 600.020; Ord. No. 4012 § 1, 12-18-2006]
Any person, including, but not limited
to, the officer of any corporate licensee managing the licensed premises,
convicted of violating any of the provisions of this Chapter shall
be punished by a fine of not less than twenty-five dollars ($25.00)
nor exceeding five hundred dollars ($500.00); each day during which
the violation continues shall constitute a separate offense; provided,
that upon final conviction of any person for a violation of any of
the provisions of this Chapter, said conviction shall operate to suspend
for one (1) year and render ineligible for renewal for the suspension
period the license hereunder issued to such person or to the corporate
licensee if it be an officer of the corporate licensee managing the
licensed premises who is convicted, provided further, that the term
"conviction," as herein used, shall mean conviction upon final determination
of any prosecution of any violation of this Chapter; provided further,
that no person, including, but not limited to, corporate licensees,
having been convicted of the violation of any of the provisions of
this Chapter shall be issued a license therefor for a period of one
(1) year from the date of said conviction. Upon the conviction of
any person under the provisions of this Chapter, it shall be the duty
of the Municipal Judge of the Municipal Court to certify such conviction
to the City Council.
[R.O. 1996 § 600.030; Ord. No. 4012 § 1, 12-18-2006]
It is hereby declared unlawful for any person, either by themselves or through the use of agents or servants, to engage in the manufacture, brewing, sale or distribution of intoxicating liquors, as defined in Section 600.010, within the City, without first having taken out and obtained a license authorizing such manufacture, brewing, sale or distribution, in compliance with the terms of this Chapter.
[R.O. 1996 § 600.040; Ord. No. 4012 § 1, 12-18-2006]
A.
All applications for licenses under the
provisions of this Chapter shall be made in writing on proper forms
to the Revenue Collections Department and shall state specifically
whether the license is for a distiller, brewer, wholesaler or distributor,
and in the case of a retailer's license, shall state the alcoholic
content of the intoxicating liquor to be sold under such license,
and whether such license is issued authorizing the sale of intoxicating
liquor for consumption on the premises, or authorizing the sale only
in the original package not for consumption on the premises, or whether
such license is issued for both the sale in the original package and
for consumption on the premises where sold.
B.
All such applications shall state the names
and addresses of the applicant and if the applicant is a firm, partnership
or association, all of the names and addresses of each member of the
firm, partnership or association or if the applicant is a corporation,
the names and addresses of all officers, except that under an application
for the sale of malt liquor at retail not in excess of five percent
(5%) alcohol by weight in the original package, the name and address
of the managing officer shall be sufficient, and shall describe the
premises which the license applied for shall cover and, when required
by this Chapter, shall be accompanied by an inventory and valuation
at cost price of the stock of goods other than intoxicating liquor
at the proposed place of business.
C.
Application shall be submitted to the Revenue
Collections Department in proper form and completed as required under
this Section. The Revenue Collections Department shall refer same
to the Chief of Police for investigation and recommendation, and the
Chief of Police shall make a report thereon within fourteen (14) days,
and said report shall be submitted at the next scheduled meeting of
the City Council, at which time the application shall be acted upon.
D.
No license shall be issued unless the applicant
shall have at the time of the application legal right to possession
of the premises described in their application or an option to purchase
or lease said premises which option may be exercised within six (6)
months of the date of application. If the application is for a structure
in existence, applicant shall attach to the application a photograph
of the building, the same being a fair representation thereof. If
the application is for a structure not completed, applicant shall
attach to the application a copy of the plans and specifications of
the building. Said building shall have sufficient windows to permit
all public parts of the interior to be seen from the exterior of the
building.
E.
If, during the period for which a license
is granted, there be any change in facts or information differing
from that set forth in the original or any renewal application on
file with the Revenue Collections Department, written notice thereof
must be given to the Revenue Collections Department within ten (10)
days after such change. A fee of thirty-five dollars ($35.00) will
be charged for the processing of any changes to the current liquor
licenses.
F.
No license shall be granted to an applicant
unless they make full, true and complete answers to all questions
in the application. If any applicant shall make any false statement
of material matter in their application, it shall be deemed cause
for suspension or revocation of any license issued pursuant to such
application. All information called for in the form or forms to be
provided by the Revenue Collections Department shall be fully given
and signed under oath by the applicant.
[R.O. 1996 § 600.050; Ord. No. 4012 § 1, 12-18-2006]
A.
No person shall be granted a license under
this Chapter unless such person is of good moral character and a qualified
legal voter and taxpaying citizen of the State of Missouri nor shall
any corporation be granted a license hereunder unless the managing
officer of such corporation has the above-mentioned qualifications.
No person shall be granted a license hereunder whose license as a
dealer has been revoked, or who has been convicted since 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 their business as
such dealer any person not of good moral character, a person convicted
of violating any law applicable to the manufacture and sale of intoxicating
liquor or whose license has been revoked. The application shall be
accompanied by a recent photo of the managing agent or individual
signing.
B.
Every applicant must submit a copy of their
tax receipt, for the year immediately preceding the date of application,
of the County, Town, City or Village where they reside in the State
of Missouri or, if the applicant is a corporation, a copy of the tax
receipt for the year immediately preceding the date of the application
of the officer managing the premises of such corporation from the
County, Town, City or Village in the State of Missouri where such
managing officer resides or, in lieu thereof, an affidavit of the
County or City Assessor wherein such applicant resides or, if applicant
is a corporation, wherein the said officer of such corporation resides;
the affidavit shall state that the applicant or said officer of such
corporation, if a corporation, owns property for which they are legally
subject or liable to taxation in the County, Town, City or Village
where applicant resides in the State of Missouri, and that the taxes
applicable thereto have been paid for the preceding year.
C.
Every applicant must submit a certificate
of registration from the Election Board from the County where they
reside stating that the applicant or said officer of applicant, if
a corporation, is a qualified legal voter in the State of Missouri.
D.
Every applicant must submit a recent photo
of the exterior and interior of the premises. If newly constructed
interior, a diagram of the interior is to be submitted with the interior
photo.
[R.O. 1996 § 600.060; Ord. No. 4012 § 1, 12-18-2006; Ord. No. 4240 § 1, 5-18-2009; Ord. No. 4272 § 1, 11-2-2009; Ord. No. 4363 §§ 1
— 2, 11-7-2011; Ord. No. 4425 § 2, 12-17-2012]
A separate license shall be required
for each place of business and the following license fees shall be
paid annually for the licenses herein enumerated. The following are
the types of licenses and the fee charged:
A.
Manufacturer Of Intoxicating Malt Liquor.
1.
A license for the privilege of the
manufacturing and brewing of malt liquor containing not more than
five percent (5%) of alcohol by weight, within the City, which includes
the right to distribute such malt liquor as a wholesaler, but not
to sell as a retailer.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
license fee of three hundred seventy-five dollars ($375.00).
B.
Manufacturer, Distilling, Blending Intoxicating
Liquor.
1.
A license for the privilege of the
manufacturing, distilling or blending of all kinds of intoxicating
liquors containing alcohol in excess of five percent (5%) by weight
within the City.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
license fee of six hundred seventy-five dollars ($675.00) to the Revenue
Collections Department.
C.
Distributor Or Wholesaler Of Intoxicating
Malt Liquors.
1.
A license to distribute, or sell
at wholesale, intoxicating malt liquors containing not in excess of
five percent (5%) of alcohol by weight.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
fee of one hundred fifty dollars ($150.00) to the Revenue Collections
Department.
D.
Retailers Selling Intoxicating Malt Liquors
(Including Sunday).
1.
A license for the privilege of selling
at retail intoxicating malt liquors with an alcoholic content of more
than three and two-tenths percent (3.2%) by weight and not more than
five percent (5%) by weight in the original package and for consumption
on the premises, including Sunday sales.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who have complied
with the provisions of this Chapter, upon payment of an annual fee
of seventy-five dollars ($75.00) to the Revenue Collections Department.
E.
Retail Selling Intoxicating Malt Liquor
Original Package.
1.
A license for the privilege of selling
intoxicating malt liquor with an alcoholic content of more than three
and two-tenths percent (3.2%) and not more than five percent (5%)
by weight in the original package direct to the consumer and not for
consumption on the premises where sold on weekdays and Sunday.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
fee of seventy-five dollars ($75.00) to the Revenue Collections Department.
F.
Retailer Selling Intoxicating Liquors.
1.
A license for the privilege of selling
at retail intoxicating liquors containing alcohol in excess of five
percent (5%) by weight in the original package not to be opened or
consumed on the premises where sold.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
fee of one hundred fifty dollars ($150.00) to the Revenue Collections
Department.
G.
Retailers Selling Intoxicating Liquor—Consumption
On Premises/Original Package/Retailer-Packaged.
[Ord. No.
4445 § 1, 8-5-2013; Ord. No. 5034, 8-16-2021]
1.
A license for the privilege of selling
at retail intoxicating liquors with an alcoholic content of more than
five percent (5%) by weight for consumption on the premises where
sold and also in the original package.
2.
A license under the terms of this Section allows that the holder
of a valid license to sell intoxicating liquor at retail may sell
retailer-packaged liquor to a consumer in a container, filled on such
premises by any employee who is twenty-one (21) years of age or older,
for off-premises consumption if the following requirements are met:
a.
The container is rigid, durable, leakproof, sealable, and designed
to prevent consumptions 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;
b.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
c.
The consumer orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For the purposes of this Subdivision,
a “meal” is defined as food that has been prepared on-premises;
d.
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; and
e.
The holder of the license provides the consumer with a dated receipt
or an electronic record for the meal and alcohol beverages; and
f.
The container is either:
3.
Containers that are filled under Subsection (G)(2) of this Section shall be affixed with a label or 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 state, “THIS BEVERAGE CONTAINS ALCOHOL.”
4.
The filling of a container under this Section shall be in compliance
with Section 3-301.17(C) of the 2009 Food and Drug Administration
Food Code.
5.
No provision of this Section shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (G)(2) of this Section to any person who is licensed to sell intoxicating liquor at retail.
6.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
fee of four hundred fifty dollars ($450.00) to the Revenue Collections
Department.
H.
Sunday Sales.
[Ord. No. 5034, 8-16-2021]
1.
A license to sell on Sunday intoxicating
liquor in excess of five percent (5%) by weight for consumption on
the premises where sold or to sell intoxicating liquor in the original
package at retail not to be opened or consumed on the premises where
sold, or in retailer-packaged container for off-premises consumption.
2.
A license under the terms of this
Section shall be issued to any person who is currently licensed under
this Chapter to sell intoxicating liquor at retail who fully complies
with the provisions of this Chapter, upon payment of an annual license
fee of three hundred dollars ($300.00) to the Revenue Collections
Department.
3.
A license under the terms of this
Section shall authorize the selling of intoxicating liquor on Sunday
between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
The Sunday sales license will only allow sale of the same types of
intoxicating liquor in the same manner as is allowed by the underlying
license that make the person eligible for the Sunday sales license.
I.
Retail Sale Of Malt Liquor/light Wines
By The Drink Or In Original Package.
1.
A license for the privilege of retail
selling 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 manufactured from pure hops or pure extract of hops or pure
barley malt or wholesome grains or cereals and wholesome yeast and
pure water, or light wines containing not in excess of fourteen percent
(14%) of alcohol by weight exclusively from grapes, berries and other
fruits and vegetables, or both such malt liquor or wine, in the original
package or for consumption on the premises.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who comply fully
with the provisions of this Chapter, upon payment of an annual license
fee of seventy-five dollars ($75.00) to the Revenue Collections Department.
J.
Retail Sales Of Bulk Or Packaged Wines.
[Ord. No. 5034, 8-16-2021]
1.
A license issued to retailers that
are licensed by the State of Missouri pursuant to Section 311.190,
RSMo., selling bulk or packaged wines received from manufacturers
licensed under Section 311.190, RSMo., who may purchase wine in bulk,
bottle and sell to duly licensed wineries, wholesalers and retail
dealers on any day except Sunday. The issuance of the license provided
for in this Subsection includes the right to sell wine in its original
package directly to consumers at the winery and to open wine so purchased
by customers so that it may be consumed on the winery premises on
Monday through Saturday between 6:00 A.M. and Midnight and on Sunday
between 6:00 A.M. and 1:30 A.M. on Mondays.
2.
A license under the terms of this
Section shall be issued to all qualified applicants who comply fully
with the provisions of this Chapter, upon payment of an additional
annual license fee of seven dollars fifty cents ($7.50) for each five
hundred (500) gallons or fraction thereof of wine produced up to a
maximum of four hundred fifty dollars ($450.00) to the Revenue Collections
Department.
K.
Consuming Intoxicating Liquor On Premises
Not Licensed To Sell (C.O.L. License).
[Ord. No. 5034, 8-16-2021]
1.
A license for the privilege of operating
a premises within the City where food, beverages or entertainment
are sold or provided for compensation and where intoxicating liquor
may be drunk or consumed even though such premises does not possess
a license for the sale of such intoxicating liquor.
2.
It shall be unlawful for any person
licensed under the terms of this Section to permit the drinking or
consumption of intoxicating liquor in, on or about such premises between
the hours of 1:30 A.M. and 6:00 A.M. on any day.
3.
A license under the terms of this
Section shall be issued to all qualified applicants who have fully
complied with the provisions of this Chapter, upon payment of an annual
license fee of ninety dollars ($90.00) to the Revenue Collections
Department.
L.
Wine And Malt Beverage, Permit To Allow
Tasting On Premises — Limitations.
1.
Notwithstanding any other provisions
of this Chapter to the contrary, any person possessing the qualifications
and meeting the requirement of this Chapter, who is licensed to sell
intoxicating liquor in the original package at retail, may apply to
the Revenue Collections Department for a special permit to conduct
wine, malt beverage and distilled spirit tasting on the licensed premises.
2.
A license under the terms of this
Section shall be issued to all applicants upon payment of an annual
license fee of thirty-seven dollars fifty cents ($37.50) to the Revenue
Collections Department.
M.
Retailers Selling Intoxicating Liquor By
The Drink At A Temporary Outdoor Location (Caterers).
[Ord. No.
4445 § 2, 8-5-2013]
1.
Name. A temporary license for the
privilege of selling, by a caterer or other person holding a license
to sell intoxicating liquor by the drink at retail for consumption
on the premises within the City, at retail intoxicating liquors with
an alcoholic content of more than five percent (5%) by weight for
consumption on the premises where sold at a temporary function and
in the original package for consumption off the premises.
2.
Qualifications. A temporary license
under the terms of this Subsection may be issued to caterers and other
persons or entities holding the City and State licenses necessary
to sell intoxicating liquor by the drink at retail for consumption
on the premises, pursuant to the provisions of this Chapter, for the
purpose of furnishing provisions and service for use at a particular
function, occasion or event at a particular location other than the
licensed premises which is outdoors and is enclosed by a rope, chain,
barricade or other device which creates an enclosed space for a period
not to exceed twenty-four (24) consecutive hours. Such temporary license
shall authorize the service of alcoholic beverages at such function,
occasion or event during the hours at which time alcoholic beverages
may lawfully be sold or served upon premises licensed to sell alcoholic
beverage for on-premises consumption.
3.
Additional Information. The dimensions
of the enclosed space shall be set forth in the application. If the
applicant is not the owner of the enclosed space, the applicant shall
provide the City with written evidence that the owner has given permission
for the use of the enclosed space for the sale of intoxicating liquors
for consumption within the enclosed space.
4.
Fee. A license under the terms of
this Subsection shall be issued to all qualified applicants who comply
fully with the provisions of this Chapter, upon payment of a license
fee to the City Finance Director of fifteen dollars ($15.00) for each
calendar day or fraction thereof for which the license is issued.
5.
Applicable Provisions. All provisions
of this Chapter, including, but not limited to, time constraints,
shall extend to such enclosed premises and shall be in force and enforceable
during all the time that the licensee, its agents, servants, employees
or stock are in such temporary enclosed location.
6.
Restriction On Number Of Licenses Available. There shall be no limit on the number of licenses available under the terms of this Subsection, except that persons or entities holding the City and State licenses necessary to sell intoxicating liquor by the drink at retail for consumption on the premises may only be licensed for one (1) day in any given calendar week per location unless such intoxicating liquor is to be sold within an area reserved for Fall Fun Festival booths as rented from the Chamber of Commerce under Section 600.340 of this Code, and then such license shall be limited to the times specified in Section 600.340. For the purposes of this Subsection, a week shall begin on Sunday.
[Ord. No. 4560 § 4, 8-3-2015]
7.
Security. During the time a particular function, occasion or event is open for the business of selling intoxicating liquor, a qualified person shall be designated as security for the enclosed premises and that person shall assure compliance with the current Retailer's Conduct of Business set forth in 11 CSR 70-2.130 of the Missouri Code of State Regulations. Said person shall be visually identifiable as security. In order to be a qualified person to perform security, that person must either be a peace officer or private security officer with a private security officer permit issued by the City of Blue Springs, as those terms are defined in Chapter 635 of the Code of Ordinances of the City of Blue Springs.
8.
Issuance. Section 600.080 notwithstanding, licenses issued pursuant to this Subsection (M) to persons or entities holding the City and State licenses necessary to sell intoxicating liquor by the drink at retail for consumption on the premises may be approved by the Finance Director or the Finance Director's designate.
N.
Retailers Selling Intoxicating Liquor By
The Drink At A Temporary Location (Caterers) Temporary.
[Ord. No.
4445 § 3, 8-5-2013]
1.
Name. A temporary license for the
privilege of selling, by a caterer or other licensed person within
the City, at retail intoxicating liquors with an alcoholic content
of more than five percent (5%) by weight for consumption on the premises
where sold at a temporary function and in the original package for
consumption off the premises.
2.
Qualifications. A temporary license
under the terms of this Subsection may be issued to caterers and other
persons or entities holding the City and State licenses necessary
to sell intoxicating liquor by the drink at retail for consumption
on the premises, pursuant to the provisions of this Chapter, for the
purpose of furnishing provisions and service for use at a particular
function, occasion or event at a particular location, other than the
licensed premises, for a period not to exceed one hundred sixty-eight
(168) consecutive hours. Such temporary license shall authorize the
service of alcoholic beverages at such function, occasion or event
during the hours at which time alcoholic beverages may lawfully be
sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. This temporary permit shall also allow
the sale of intoxicating liquor in the original package.
3.
Fee. A license under the terms of
this Subsection shall be issued to all qualified applicants who comply
fully with the provisions of this Chapter upon payment of a license
fee to the City of Blue Springs of fifteen dollars ($15.00) for each
calendar day or fraction thereof for which the license is issued.
4.
Applicable Provisions. All provisions
of this Chapter, including, but not limited to, time constraints,
shall be in force and enforceable during all the time that the licensee,
its agents, servants, employees or stock are in such temporary location.
5.
Issuance. Section 600.080 notwithstanding, licenses issued pursuant to this Subsection (N) to persons or entities holding the City and State licenses necessary to sell intoxicating liquor by the drink at retail for consumption on the premises may be approved by the City Administrator or the City Administrator's designate.
O.
Retailers Selling Intoxicating Liquor By
The Drink At A Temporary Location (Caterers) Annual License.
[Ord. No.
4445 § 4, 8-5-2013]
1.
Name. An annual license for the privilege
of selling, by a caterer or other licensed person within the City,
at retail intoxicating liquors with an alcoholic content of more than
five percent (5%) by weight for consumption on the premises where
sold at a temporary function and in the original package for consumption
off the premises.
2.
Qualifications. An annual license
under the terms of this Subsection may be issued to caterers and other
persons or entities holding the City and State licenses necessary
to sell intoxicating liquor by the drink at retail for consumption
on the premises, pursuant to the provisions of this Chapter, for the
purpose of furnishing provisions and service for use at a particular
function, occasion or event at a particular location other than the
licensed premises, and shall be effective for an unlimited number
of functions during the year. Such license shall authorize the service
of alcoholic beverages at such function, occasion or event during
the hours at which time alcoholic beverages may lawfully be sold or
served upon premises licensed to sell alcoholic beverages for on-premises
consumption. Any special license issued under this Section shall also
allow the sale of intoxicating liquor in the original package.
3.
Fee. A license under the terms of
this Subsection shall be issued to all qualified applicants who comply
fully with the provisions of this Chapter upon payment of a license
fee to the City of Blue Springs of one thousand five hundred dollars
($1,500.00).
4.
Reporting Function. Caterers issued
a special license pursuant to this Subsection shall report to the
City of Blue Springs Finance Department the location of each function
three (3) business days in advance. The report of each function shall
include permission from the property, description of the premises,
and the date or dates the function will be held.
5.
Applicable Provisions. All provisions
of this Chapter, including, but not limited to, time constraints,
shall be in force and enforceable during all the time that the licensee,
its agents, servants, employees or stock are in such temporary location.
[R.O. 1996 § 600.070; Ord. No. 4012 § 1, 12-18-2006]
A.
A permit issued by the Revenue Collections
Department for the sale of intoxicating liquor for consumption on
premises where sold to any church, school, civic, service, fraternal,
veteran, political or charitable club or organization 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 in any fiscal year.
B.
At the same time that an applicant applies
for a permit under the provisions of this Section, 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. 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.
[Ord. No. 5034, 8-16-2021]
C.
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.
The applicant shall pay a fee of thirty-seven
dollars fifty cents ($37.50) for such permit.
[R.O. 1996 § 600.080; Ord. No. 4012 § 1, 12-18-2006]
A.
On approval of the application for a license or permit under this Chapter by the City Council and payment of the license or permit fee as herein provided, the Revenue Collections Department shall grant the applicant a license or permit to conduct business at the specified location in the City for the period set forth in Section 600.100 or the Subsection authorizing the permit. Every license or permit issued under the provisions of this Chapter shall set forth the type of license granted and shall particularly describe the premises at which intoxicating liquor may be sold thereunder and such license or permit shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
B.
Licenses and permits granted under this
Chapter shall be signed by the Mayor and City Clerk and the Seal of
the City shall be affixed by the City Clerk.
[R.O. 1996 § 600.090; Ord. No. 4012 § 1, 12-18-2006; ]
No license shall be granted for the
sale or consumption of intoxicating liquor as defined in this Chapter
within three hundred (300) feet, except for the area contained within
the Downtown Zoning District as identified on the City’s Official
Zoning District Map, the distance shall be within one hundred (100)
feet unless otherwise approved as outlined in Section 311.080 RSMo.,
of the building of any school, college, university or church; provided,
however, this Chapter shall not be construed to prohibit the issuance
or reissuance of the same type of license as now exists in the following
instances:
[R.O. 1996 § 600.100; Ord. No. 4012 § 1, 12-18-2006]
A.
A license required by this Chapter shall
be issued for a period of one (1) year from the first day of July
of each year, and persons desiring to secure a license after the first
day of July shall pay for such portion of the license year remaining
at the time such a license is issued. Thereafter all renewals of licenses
shall be made on the first day of July of each year.
B.
Provided, however, that if any license
issued hereunder remains dormant and unused for any six (6) month
period, such license shall terminate automatically upon the expiration
of such period. Upon such termination of license or upon licensee's
voluntary termination of business under said license, no license fee
paid shall be refunded to the licensee.
[R.O. 1996 § 600.110; Ord. No. 4012 § 1, 12-18-2006]
A.
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 law, may make application and the City Council 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.
B.
Whenever one (1) or more members of a partnership
withdraws from the partnership, the City, 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.
[R.O. 1996 § 600.120; Ord. No. 4012 § 1, 12-18-2006]
A.
Affidavit Required, Fees. Upon the submission of an affidavit signed by the original applicant to whom a license has been issued as provided hereunder and a copy of applicant's current State of Missouri license, a City license may be renewed. Such affidavit shall be submitted to the Revenue Collections Department not earlier than sixty (60) days nor later than thirty (30) days prior to the expiration date of the license to be renewed upon forms provided by the Revenue Collections Department and shall state the changes, if any, in the facts or information contained in the original application, together with such other data required by the form and relevant to the operation of the licensee and shall be accompanied by a certified or cashier's check or other funds acceptable to the City for the renewal fee in the amount provided for in the original license as set forth in Section 600.060 herein. Any liquor license received after the license expiration date shall be assessed a late fee of one hundred dollars ($100.00).
[Ord. No. 5034, 8-16-2021]
B.
Changes In Facts From Original Application.
In the event there are no changes in the facts or information upon
which the license was originally issued or was issued on last renewal
of the same, the license shall be reissued by the Revenue Collections
Department upon compliance with the above requirements. If there are
such changes, the renewal affidavit will be referred to the City Council
for consideration thereof. In the event the Council finds that such
changes would not have prevented the original issue or last renewal
of the license, the license shall be renewed. Otherwise renewal will
be denied.
C.
Failure To Submit Affidavit On Time. Renewal
affidavits not received by the Revenue Collections Department in a
timely manner shall be void and of no effect and the license shall
lapse without privilege of renewal at the end of the term thereof.
The City Council may, at its discretion, act to relieve a former license
holder of such lapse if it finds that such lapse was due to excusable
neglect. The decision of said Council shall be final.
D.
Lost Or Destroyed Licenses. If a license
is lost or destroyed, the same will be replaced upon application therefor
and payment of a replacement fee of twenty-five dollars ($25.00) to
the Revenue Collections Department by said licensee. Application for
a duplicate license must be by affidavit executed by the licensee
which must set forth:
[R.O. 1996 § 600.130; Ord. No. 4012 § 1, 12-18-2006; Ord. No. 4589 § 6, 3-21-2016]
A.
The Director of Community Development may suspend or revoke a license issued under this Chapter, in addition to other penalties provided by City Code, ordinance or other law, upon notifying the licensee, in writing, of the intended actions and the reasons therefor, and of the right to request a hearing in accordance with the procedure set forth in Chapter 140 of the City Code and provided further, following a hearing conducted under Chapter 140, or if no hearing is requested by the licensee, upon expiration of the time period set out in the notice of intent to suspend or revoke the license to request a hearing, the Director may suspend such license for the time period set out in the notice or revoke the license. Such notice of suspension or revocation shall be served by a Police Officer and may be served upon the licensee by leaving a copy thereof with the licensee or any person or employee in charge at the place of business of such license. Upon the suspension or revocation of any license, no license fee paid shall be refunded to the licensee. An order of suspension shall set out the dates during which the license shall be suspended.
B.
Every licensee shall, in addition to the
requirements of this Chapter, comply in every respect with all Federal
liquor laws and with the Liquor Control Law of the State of Missouri,[1] and any violation thereof shall be valid reason for the
suspension or revocation of any license issued under this Chapter.
[1]
Editor's Note: See § 311.010 et seq., RSMo.
C.
No licensee who shall have had their license suspended by order of the Director or Hearing Officer acting under Chapter 140 shall sell or otherwise dispose of any intoxicating liquor at retail or give the same away during the period of time such order of suspension is in effect. Any licensee desiring to keep their premises open for the sale of food or merchandise other than intoxicating liquor during such period of suspension shall display the order of suspension issued by the Director or Hearing Officer in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[R.O. 1996 § 600.140; Ord. No. 4012 § 1, 12-18-2006]
Regularly licensed drugstores may be lawfully in possession of intoxicating liquor to be used in connection with the business of a druggist in compounding medicines, or as a solvent or preservative, without being subject to the provisions of this Chapter. However, any druggist or drugstore operator desiring to sell intoxicating liquors, either for consumption on the premises or in the original package not to be consumed on the premises, shall procure the proper license therefor as denominated in Section 600.060 and be in all matters subject to the provisions of this Chapter regulating to the location, licenses to be paid and hours at which such intoxicating liquor may be sold.
[1]
Editor's Note: R.O. 1996 § 600.150, Gambling Devices
Prohibited, was removed by the City during the 2019 recodification
project.
[R.O. 1996 § 600.160; Ord. No. 4012 § 1, 12-18-2006]
It shall be unlawful for the holder
of any license authorized by this Chapter for the sale of any intoxicating
liquor at retail by the drink for consumption on the premises where
sold to keep or secrete or to allow any other person to keep or secrete
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such license.
[R.O. 1996 § 600.170; Ord. No. 4012 § 1, 12-18-2006; Ord.
No. 5034, 8-16-2021]
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., upon or about their premises. If the person has a license to sell intoxicating liquor by the drink, their premises shall be and remain a closed place as defined in Section 600.010 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, 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 (1) room only, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. 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.
[R.O. 1996 § 600.180; Ord. No. 4012 § 1, 12-18-2006]
Notwithstanding any ordinance to
the contrary, whenever January 1, March 17, July 4 or December 31
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 the license granted by the City
of Blue Springs, Missouri, on that day from the time and until the
time which would be lawful on another day of the week. Nothing in
this Section shall be construed to authorize the sale of intoxicating
liquor in the original package and not for consumption on the premises
where sold on such day.
[R.O. 1996 § 600.190; Ord. No. 4012 § 1, 12-18-2006]
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor or a permit issued pursuant to Section 600.070, to permit the drinking or consumption of intoxicating liquor in, on or about such premises without having a license or permit as provided in this Chapter.
[R.O. 1996 § 600.200; Ord. No. 4012 § 1, 12-18-2006]
No person shall sell, give away or
supply intoxicating liquor, or permit same to be sold or supplied,
to a habitual drunkard or to any person who is intoxicated or appears
to be in a state of intoxication. Intoxicating liquor shall not be
given, sold or otherwise supplied to any person under the age of twenty-one
(21) years, but this shall not apply to the supplying of intoxicating
liquor to a person under such age for medicinal purposes only or to
supplying or giving by the parent or guardian of such person or to
the administering of such intoxicating liquor to such person by a
physician.
[R.O. 1996 § 600.210; Ord. No. 4012 § 1, 12-18-2006]
The drinking, consumption or possession
of intoxicating liquor shall not be permitted in or about any licensed
premises by any person under twenty-one (21) years of age.
[R.O. 1996 § 600.220; Ord. No. 4012 § 1, 12-18-2006]
A.
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.
B.
In any place of business licensed in accordance with Section 311.200,
RSMo., 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.
C.
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. Any wholesaler licensed pursuant to this Chapter 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.
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 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.
[R.O. 1996 § 600.230; Ord. No. 4012 § 1, 12-18-2006; Ord. No. 4300 § 1, 5-17-2010]
Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in their possession, any intoxicating liquor as defined in Section 600.010 or who is visibly in an intoxicated condition, or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a violation of this Section. In prosecutions pursuant to this Section regarding the purchase or possession of intoxicating liquor by a person under twenty-one (21) years of age, the Municipal Court shall presume that the contents of a manufacturer sealed container describing that there is intoxicating liquor therein, does contain the listed contents. This presumption may be rebutted by the defendant by the presentation of good and sufficient evidence to the contrary.
[R.O. 1996 § 600.240; Ord. No. 4012 § 1, 12-18-2006]
No person under the age of twenty-one
(21) years shall represent that they have attained the age of twenty-one
(21) years for the purpose of purchasing, asking for or in any way
receiving any intoxicating liquor.
[R.O. 1996 § 600.250; Ord. No. 4012 § 1, 12-18-2006]
No person shall possess intoxicating
liquor within the City unless the same has been acquired from some
person holding a duly authorized license to sell the same under this
Chapter, or unless the intoxicating liquor is had or kept with the
written or printed permission of the State Supervisor of Liquor Control,
and the packages in which intoxicating liquor is contained and from
which it is taken for consumption has, while containing intoxicating
liquor, been labeled and sealed with the official seal prescribed
under State law and the regulations made thereunder. Nothing in this
Section shall be so construed as to prevent the natural fermentation
of fruit juices in the home for the exclusive use of the occupants
of the home and their guests.
[R.O. 1996 § 600.260; Ord. No. 4012 § 1, 12-18-2006]
No licensee under the provision of
this Chapter shall be permitted to operate under their license at
a new location and sell intoxicating liquor without the express approval
of the City Council, upon such terms as the Council may impose.
[R.O. 1996 § 600.270; Ord. No. 4012 § 1, 12-18-2006]
Except as provided in Section 600.220, it shall be unlawful for any person under the age of twenty-one (21) years to enter the premises of a licensee holding a license under this Chapter which permits consumption of intoxicating liquor on the premises at any time when the sale of intoxicating liquor is permitted by this Chapter, unaccompanied by either their parent or legal guardian, except licensees in which at least fifty percent (50%) of the gross sales made consist of goods, merchandise or commodities other than intoxicating liquor; said licensee shall have posted conspicuously in their place of business a sign to the effect that minors unaccompanied by either their parent or legal guardian are not to enter the premises; provided, however, that nothing in this Section contained shall be construed as prohibiting the entrance of any person between the ages of eighteen (18) and twenty-one (21) years into such posted premises if such person is a bona fide employee of such establishment who is not in any way employed in the actual sale, service or dispensing of intoxicating liquor.
[R.O. 1996 § 600.280; Ord. No. 4012 § 1, 12-18-2006]
In the event there is a retailer
of intoxicating liquor, not in excess of five percent (5%) alcohol
by weight, by the drink or in the original package for consumption
on or off the premises, present in any area annexed by the City at
a date after November 3, 1969, said establishment, if properly licensed
immediately prior to said annexation, will be issued a license upon
proper application and compliance herewith and as provided for hereunder,
and said license will be good and valid as long as licensee complies
with this Chapter to the expiration date of the license or until the
licensee, at the time of said annexation, ceases to operate the establishment
in substantially the same manner as of the date of annexation, whichever
might first occur, and such license may be renewed in the manner provided
here.
[R.O. 1996 § 600.290; Ord. No. 4012 § 1, 12-18-2006]
The licensee shall keep and maintain
the premises, both interior and exterior, in a clean and orderly condition,
shall not permit disorderly conduct or other violations of law thereon,
and shall during hours in which the same are open for business keep
the premises lighted sufficiently so that both the interior and exterior
may be inspected easily. Windows of the premises shall not be obstructed
so as to prevent reasonable viewing of the interior from the exterior
thereof.
[R.O. 1996 § 600.300; Ord. No. 4012 § 1, 12-18-2006]
The City Council, or any of them,
or any duly appointed inspector or agent or Police Officer may inspect
the premises of any licensee at any reasonable time, without warrant,
and the acceptance of the license under this Chapter shall be construed
as a waiver by the licensee of any constitutional or other limitations
upon search and seizure.
[R.O. 1996 § 600.310; Ord. No. 4012 § 1, 12-18-2006]
Licensees are, at all times, responsible
for the conduct of their business and, at all times, directly responsible
for any act or omission or conduct of any employee on the premises
which is in violation of law.
[R.O. 1996 § 600.320; Ord. No. 4012 § 1, 12-18-2006]
No person holding a license under this Chapter, except those licensees under Subsections (G), (H) and (M) of Section 600.060, shall knowingly sell, give away or serve upon the premises described in said license any glass, ice, water, soda water or any other kinds of liquids to be used for the purpose of mixing intoxicating drinks and commonly referred to as "setups"; nor shall any licensee suffer any person, while in or upon the premises covered by such license, to possess or consume an intoxicating liquor, except malt liquor containing not in excess of five percent (5%) of alcohol by weight, or to pour into, mix with or add intoxicating liquor to water, soda water, ginger ale, seltzer or other liquid.
[1]
Editor's Note: Former Section 600.330, Sale Of Intoxicating
Liquor Through Drive-Up Window Prohibited, which derived from R.O.
1996 § 600.330; Ord. No.
4012 § 1, 12-18-2006, was repealed 8-16-2021 by Ord. No. 5034.
[R.O. 1996 § 600.340; Ord. No. 4012 § 1, 12-18-2006; Ord. No. 4560 § 5, 8-3-2015]
A.
It shall be unlawful for any person to drink, consume or have in their possession in any open container any intoxicating liquors or beer in or upon the streets, alleys or public places within an area bounded on the north by Vesper Street, the east by Eighth Street, the south by Walnut Street and the west by Fifteenth Street such that the boundary line shall be the outermost edge of the paved portion of said streets herein named, except that certain intoxicating liquors and beer, as described by definition in this Chapter, may be drunk, consumed or be possessed in an open condition within the beer garden or the confines of rented booth space(s) as authorized under Section 390.045 and herein. If a business operating within the boundaries established above has a liquor license to sell intoxicating liquor by the drink at retail for consumption on the premises, the business owner may sell malt liquor and wine as defined in this Section within the confines of the rented booth or other assigned areas, provided consent for such use has been obtained from the City or any entity authorized by the City to operate the Fall Fun Festival pursuant to Section 390.045 of this Code or other event authorized by the City Council.
B.
The exceptions set forth in Subsection (A) above shall only apply from 6:00 A.M. on the day that the Fall Fun Festival begins until 6:00 P.M. on the day that such festival ends.
C.
One (1) beer garden shall be located within the above described area during the Fall Fun Festival. It shall be enclosed within a fenced-in area. The consumption of "malt liquor" as defined in Subsection (D) and "wine" as defined in Subsection (H) shall be allowed within the fenced-in area. No malt liquor or wine shall be removed for consumption elsewhere within the area described in Subsection (A).
D.
"Malt liquor," for the purpose of this
Section only, is defined as malt liquor containing in excess of three
and two-tenths percent (3.2%) by weight, manufactured from pure hops
or pure extraction of hops or pure barley or wholesome grain or cereals
and wholesome yeast or pure water.
E.
Nothing contained herein shall be deemed
to restrict the consumption of intoxicating liquors inside the confines
of any establishment properly licensed, on an annual basis, to serve
or sell intoxicating beverages.
F.
Any person violating any of the provisions of the foregoing Sections shall be deemed guilty of a misdemeanor and upon conviction shall be punished under Section 100.080 of this Code.
G.
The dates for the Fall Fun Festival shall
be designated annually by the City Council of the City by resolution,
or if not so designated, then on or about the second weekend following
Labor Day.
H.
"Wine" for the purpose of this Section
only, is defined as a combination of wine exclusively from grapes,
berries and other fruits and vegetables and other liquids which contains
no more than fourteen percent (14%) alcohol by weight.
[R.O. 1996 § 600.350; Ord. No. 4012 § 1, 12-18-2006; Ord. No. 4311 § 1, 8-16-2010]
A.
Required. All persons employed in the sale of retail sale, dispensation, service or delivery of intoxicating liquor must obtain a permit to do so from the Chief of Police or their designated representative, except that no permit shall be required of a person employed solely as a cashier on a by-the-drink premises where substantial quantities of food are sold, and except that volunteers for non-profit entities selling beer and wine coolers from 6:00 A.M. on the day that the Fall Fun Festival begins until 6:00 P.M. on the day that such Festival ends on those days designated, pursuant to Section 600.340(G), by the City Council to be the dates for the Fall Fun Festival shall not be required to obtain an employee's permit except that at each point of sale of beer and wine coolers there shall be, during all times that the point of sale is in operation, at least one (1) volunteer who has a current and valid employee's permit.
B.
Obtaining Permit. Each applicant must appear
in person to make application and be photographed by the Chief of
Police or their designated representative. The applicant shall submit
an application on a form approved by the Chief of Police together
with proof of completion of training by the State of Missouri for
retail alcohol seller/servers such as the Smart Server Certification
or similar program as approved by the Chief of Police. Each applicant
shall also be checked via computer to determine if they have been
convicted in court of any felony. If the applicant is found to have
passed the background for felony convictions and the State or other
approved training, the applicant shall pay the City of Blue Springs,
Missouri, the sum of twenty dollars ($20.00) and be issued a permit
good for two (2) years from the date of the application. Upon the
expiration of the permit, the applicant must complete a new application
process and training in order to obtain a new permit.
[Ord. No. 4544 § 1, 5-18-2015]
C.
Form, Content Of Permit. All permits shall
bear the name and photograph of the applicant.
D.
Invalidation, Suspension, Revocation. In the event a permitted employee becomes a person not of good moral character or is convicted in court of any felony, their permit shall become invalid. If a permitted employee shall be found guilty of violating or contributing to the violation of any of the provisions of this Chapter, their permit shall be subject to suspension or revocation by the Chief of Police or their designated representative; provided, however, such permitted employee shall be given the opportunity for a hearing under Chapter 140 of this Code if the permitted employee, in writing, appeals the decision of the Police Chief or their designated representative to the City Administrator in accordance with the procedure set forth in Chapter 140. Any violation of a suspension order shall be grounds for further suspension or revocation.
[Ord. No. 4589 § 7, 3-21-2016]
E.
Exceptions. Whereas a conviction for a
felony in any court shall be grounds for either refusing a permit
or for suspending or revoking same, the Chief of Police or their designated
representative shall nevertheless issue or renew such permit if such
person has, subsequent to such conviction, been lawfully restored
their civil rights; provided, however, that the Chief of Police or
their designated representative shall have the independent right to
weigh and judge the degree of moral turpitude involved in such conviction
and all the circumstances surrounding the commission of such felony,
and after such consideration have the discretion to refuse to issue
or renew such permit even if such person shall otherwise be qualified
to hold an alcoholic beverage license in the State of Missouri and
meets the other requirements of this Chapter.
[R.O. 1996 § 600.360; Ord. No. 4012 § 1, 12-18-2006]
A.
No Permit. It shall be unlawful for any
retail licensee to have in their employ to sell or assist in the retail
sale, dispensation, service or delivery of intoxicating liquor any
person who does not have an employee's permit issued by the Chief
of Police or their designated representative.
B.
False Representation. It shall be unlawful
for any person to use or possess any false or falsified employee's
permit issued, or purporting on its face to have been issued, by the
Chief of Police or their designated representative for the purpose
of using such permit to obtain employment in or to purchase intoxicating
liquor from any premises granted a license under the provisions of
this Chapter or to misrepresent to any licensee, their agent, servant
or employee or to the Chief of Police, their designated representative
or any member of the Police Department such person's age to be twenty-one
(21) years or older.
C.
Falsifying Permit. It shall be unlawful
for any person to manufacture, forge, reproduce in any way or to otherwise
falsify an employee's permit issued, or purporting on its face to
have been issued, by the Chief of Police or their designated representative
or to give, lend, sell or otherwise provide to any person a false,
falsified, manufactured, forged or reproduced employee's permit issued
by the Chief of Police or their designated representative.
D.
Use Of Another's Permit. It shall be unlawful
for any lawful holder of any employee's permit issued by the Chief
of Police or their designated representative to give, lend, sell or
otherwise provide such permit to any other person, or for any person
not the lawful holder of such permit to use the same for any purpose
declared to be unlawful by the provisions of this Chapter or to give,
lend, sell or otherwise provide such permit to any other person.
E.
Penalty. Any person found guilty of violating
the provisions of this Section shall be fined in a sum of not less
than twenty-five dollars ($25.00) nor more than five hundred dollars
($500.00) or by a sentence of not more than ninety (90) days imprisonment,
or by both such fine and imprisonment.
[R.O. 1996 § 600.370; Ord. No. 4012 § 1, 12-18-2006]
A.
It shall be unlawful for any retail licensee,
licensed to sell intoxicating liquor, wine or beer or their employee
to permit in or upon their licensed premises:
1.
The performance of acts or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law;
2.
The displaying of any portion of
the areola of the female breast;
3.
The actual or simulated touching,
caressing or fondling of the breast, buttocks, anus or genitals;
4.
The actual or simulated displaying
of the pubic hair, anus, vulva or genitals;
5.
Any person to remain in or upon the
licensed premises who exposes to public view any portion of their
genitals or anus; and
6.
The displaying of films, video programs
or pictures depicting acts, the live performances of which are prohibited
by this regulation or by any other law.
