[CC 1988 §3-1; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 2973 §1, 12-18-1989; Ord. No. 3196 §1, 11-21-1994; Ord. No. 3777 §1, 5-19-2008; Ord. No. 3806 §1, 4-20-2009; Ord. No. 3855 §1, 5-17-2010; Ord. No. 3925 §1, 2-20-2012; Ord. No. 3935 §1, 5-21-2012]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
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%) of alcohol by volume.
Any wine containing not in excess of fourteen percent (14%)
of alcohol by weight exclusively from grapes, berries and other fruits
and vegetables.
Intoxicating liquor manufactured from malt or a malt substitute,
which only includes rice, grain of any kind, bean, glucose, sugar,
and molasses; however, honey, fruit, fruit juices, fruit concentrate,
herbs, spices, and other food materials may be used as adjuncts in
fermenting the malt liquor. If flavor and other non-beverage ingredients
containing alcohol are used in producing the malt liquor, the flavor
and other non-beverage ingredients containing alcohol may contribute
to no more than forty-nine percent (49%) of the overall alcohol content
of the finished malt liquor. In the case of malt liquor with an alcohol
content of more than six percent (6%) by volume, no more than one
and one-half percent (1.5%) of the volume of the beer may consist
of alcohol derived from added flavors and other non-beverage ingredients
containing alcohol.
A person whose primary activity is brewing and selling of
malt liquor with an annual production of ten thousand (10,000) barrels
or less.
An individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal court.
Any establishment that uses automated wine dispensing equipment
to dispense wine tasting by the glass at retail for consumption on
the premises where sold, so long as at least fifty percent (50%) of
the total sales of the wine shop are from package sales.
[CC 1988 §3-2; Ord. No. 2753 §1, 6-4-1984]
No person shall sell intoxicating liquor or malt liquor in any
other place than that designated in the license issued under this
Chapter, or at any other time, or otherwise, than is authorized by
the provisions of this Chapter.
[CC 1988 §3-3; Ord. No. 2905 §1, 5-16-1988; Ord. No. 3141 §1, 6-21-1993; Ord. No. 3197 §1, 11-21-1994; Ord. No. 3541 §1, 10-20-2003; Ord. No. 3570 §1, 6-21-2004; Ord. No. 3926 §1, 2-20-2012]
A.
No
person having a license issued pursuant to this Chapter nor any employee
of such person shall sell, give away or permit the consumption of
any intoxicating liquor in any quantity between the hours of 1:30
A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M.
on Sunday and 6:00 A.M. on Monday upon or about his/her premises,
except as otherwise authorized and licensed for Sunday sales. Any
person licensed to sell intoxicating liquor by the drink shall keep
a closed place during the aforementioned prohibited times. 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 one (1) room only 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 specified in
this Section 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. Nothing in this
Section shall be construed to prohibit the sale or delivery of any
intoxicating liquor during any of the hours or 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.
The provisions of Subsection (A) of this Section notwithstanding, when January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday and on 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 to 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.
C.
Notwithstanding
any other provision of this Section or this Chapter to the contrary,
any person who possesses the qualifications required by this Section
and this Chapter, and who now or hereafter meets the requirement of
and complies with the provisions of this Section and this Chapter,
may apply for, and the City Council may issue, a license to sell intoxicating
liquor, as this Chapter and Section defines the same, between the
hours of 9:00 A.M. on Sunday and Midnight on Sunday by the drink at
retail for consumption on the premises of any "restaurant bar" as
described in the application or on the premises of any establishment
having at least forty (40) rooms for the overnight accommodations
of transient guests. As used in this Section, the term "restaurant
bar" means any establishment having a restaurant or similar facility on the premises, at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumption on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises. The requirements of this Section and this Chapter and all other laws and regulations of the State and City relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to the "restaurant bar" or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests in the same manner as they apply to establishment license under this Chapter and, in addition to all other fees required by law, a "restaurant bar" or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests shall pay a fee as provided in Section 600.150.
D.
Notwithstanding
any other provisions of this Section or this Chapter to the contrary,
any person possessing the qualifications and meeting the requirements
of this Chapter, who is licensed to sell intoxicating liquor in the
original package at retail, may apply to the City Council for a special
license to sell intoxicating liquor in the original package at retail
between the hours of 9:00 A.M. and Midnight on Sundays. A licensee
under this Section shall pay to the City an additional fee of three
hundred dollars ($300.00) per year for the privilege of selling intoxicating
liquor in the original package at retail between the hours of 9:00
A.M. and Midnight on Sundays.
E.
Notwithstanding
any other provisions of this Section or this Chapter to the contrary,
any person possessing the qualifications and meeting the requirements
of this Chapter, who is licensed to sell intoxicating liquor by the
drink at retail for the consumption on the premises of a wine shop,
may apply to the City Council for a special license to sell intoxicating
liquor by the drink at retail for the consumption on the premises
of a wine shop between the hours of 10:00 A.M. on Sunday and 10:00
P.M. on Sunday. A licensee under this Section shall pay to the City
an additional fee of two hundred dollars ($200.00) per year for the
privilege of selling intoxicating liquor by the drink at retail for
the consumption on the premises of a wine shop between the hours of
10:00 A.M. and 10:00 P.M. on Sundays.
F.
Any
person violating any provision of this Chapter shall be guilty of
a misdemeanor.
[CC 1988 §3-4; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 3541 §2, 10-20-2003; Ord. No. 3571 §1, 6-21-2004; Ord. No. 3616 §1, 2-23-2005; Ord. No. 3676 §1, 3-29-2006]
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
unless the applicant for license shall first obtain the consent in
writing of the City Council, except that when a school, church or
place of worship shall hereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all property owners within one hundred (100)
feet of the proposed license premises. This Section shall not apply
to a holder of a license issued pursuant to Sections 311.090, 311.218,
311.482, RSMo., or to any premises holding a license issued before
January 1, 2004 by the Supervisor of Alcohol and Tobacco Control for
the sale of intoxicating liquor.
[Ord. No. 3967 §1, 1-21-2013]
A.
Any
person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a table tap dispensing system to
allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed thirty-two (32) ounces
per patron per authorization, to be dispensed by the table tap dispensing
system.
B.
No
provision of law or rule or regulation of the supervisor shall be
interpreted to allow any wholesaler, distributor, or manufacturer
of intoxicating liquor to furnish table tap dispensing or cooling
equipment or provide services for the maintenance, sanitation, or
repair of table tap dispensing systems.
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,
or any kind of liquor used exclusively as an ingredient in any foods
being prepared and sold on the premises.
[CC 1988 §3-6; Ord. No. 2753 §1, 6-4-1984]
Any person who shall bring into any place of business licensed
under the provisions of this Chapter any intoxicating liquors or malt
liquors, other than those authorized by the license, which have been
opened, or shall consume or attempt to consume any such liquors upon
such premises shall be guilty of a misdemeanor.
[Ord. No. 3677 §1, 3-29-2006]
A.
Notwithstanding
any other provision of law, it shall not be unlawful for the owner,
operator or employees of a restaurant bar, as defined in Section 311.097,
RSMo., to allow patrons to carry out one (1) or more bottles of unfinished
wine, nor shall it be unlawful for patrons of such restaurant bar
to carry out one (1) or more bottles of unfinished wine under the
following conditions:
1.
The patron must have ordered a meal;
2.
The bottle or bottles of wine must have been at least partially consumed
during the meal;
3.
The restaurant bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
4.
The restaurant bar must securely reseal the bottle or bottles of
wine and place them in one (1) or more one-time-use, tamperproof,
transparent bags and securely seal the bag.
B.
Notwithstanding
any other provision of law, no person who transports one (1) or more
bottles of unfinished wine which came from a restaurant bar under
the circumstances described in paragraph A of this Section, in a vehicle,
shall be considered to have violated any State law or local ordinance
regarding open containers in vehicles so long as such person has in
his or her possession the dated receipt from the restaurant bar and
the bottle or bottles of wine remain in the restaurant bar furnished,
one-time-use, tamperproof, transparent bags with the seals intact.
C.
Notwithstanding
any other provision of law, it shall be lawful for the owner, operator
or employees of a winery to allow patrons to carry out one (1) or
more bottles of unfinished wine and it shall be lawful for patrons
of such winery to carry out one (1) or more bottles of unfinished
wine under the following conditions:
1.
The bottle or bottles of wine must have been at least partially consumed
at the winery;
2.
The winery must provide a dated receipt for the unfinished bottle
or bottles of wine; and
3.
The winery must securely reseal the bottle or bottles of wine and
place them in one (1) or more one-time-use, tamperproof, transparent
bags and securely seal the bags.
D.
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection C of this Section, shall be considered to have violated any State law or local ordinances regarding open containers in vehicles so long as such person has in his or her possession the dated receipt of the winery and the bottle or bottles of wine remain in the winery furnished, one-time-use, tamperproof, transparent bags with the seals intact.
E.
As
used in this Section "winery" means any establishment
at which wine is made.
[Ord. No. 3678 §1, 3-29-2006; Ord. No. 3769 §1, 5-19-2008]
A.
No
licensee, his/her employee or any other person shall procure for,
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years or to any person intoxicated or appearing to be in a state
of intoxication or to a habitual drunkard or to any person whomsoever,
except that this Section shall not apply to the parent or guardian
of the minor nor to the supplying of intoxicating liquor to a person
under the age of twenty-one (21) years for medical purposes only or
to the administering of such intoxicating liquor to such person by
a duly licensed physician. No person shall be denied a license or
renewal of a license issued under this Chapter solely due to a conviction
of unlawful sale or supply to a minor while serving in the capacity
as an employee of a licensed establishment.
B.
Any
owner, occupant or other person or legal entity with a lawful right
to the exclusive use and enjoyment of any property who knowingly allows
a person under the age of twenty-one (21) to drink or possess intoxicating
liquor or knowingly fails to stop a person under the age of twenty-one
(21) from drinking or possessing intoxicating liquor on such property,
unless such person allowing the person under the age of twenty-one
(21) to drink or possess intoxicating liquor is his or her parent
or guardian.
C.
It
shall be a defense to prosecution under this Section if:
1.
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit or an employee thereof;
2.
The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age;
3.
To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card or other official or apparently official document containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
[Ord. No. 3855 §1, 5-17-2010]
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 this Chapter, persons
at least eighteen (18) years of age may stock, arrange displays, operate
the cash register or scanner connected to a cash register, accept
payment for and sack for carry-out, intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
C.
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.
[Ord. No. 3679 §1, 3-29-2006; Ord. No. 3783 §1, 5-19-2008; Ord. No. 3850 §1, 3-15-2010]
A.
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 of this Chapter or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., 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 in violation of this Section. For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was no intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contained intoxicating liquor.
B.
Any
person under the age of twenty-one (21) years who purchases or attempts
to purchase or has in his or her possession any intoxicating liquor
or who is visibly in an intoxicated condition as defined in Section
577.001, RSMo., shall be deemed to have given consent to a chemical
test or tests of the person's breath, blood, saliva or urine for the
purpose of determining the alcohol or drug content of the person's
blood. The implied consent to submit to the chemical tests listed
in this Subsection shall be limited to not more than two (2) such
tests arising from the same arrest, incident or charge. Chemical analysis
of the person's breath, blood, saliva or urine shall be performed
according to methods approved by the State Department of Health and
Senior Services by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health and Senior
Services for this purpose. The State Department of Health and Senior
Services shall approve satisfactory techniques, devices, equipment
or methods to be considered valid and shall establish standards to
ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
C.
"Full
information" for purposes of this Section is limited to the following:
1.
The type of test administered and the procedures followed;
2.
The time of the collection of the blood or breath sample or urine
analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which was held by the person who
performed the test; and
5.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument,
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and does not include manuals, schematics or software of the
instrument used to test the person or any other material that is not
in the actual possession of the State. Additionally, "full information"
does not include information in the possession of the manufacturer
of the test instrument.
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D.
The
provisions of this Section shall not apply to a student who:
1.
Is eighteen (18) years of age or older;
2.
Is enrolled in an accredited college or university and is a student
in a culinary course;
3.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine or other similar malt or fermented beverage as part of the required
curriculum; and
4.
Tastes a beverage under Subdivision (3) of this Subsection only for
instructional purposes during classes that are part of the curriculum
of the accredited college or university.
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The beverage must at all times remain in the possession and
control of an authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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[CC 1988 §3-10; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 3855 §1, 5-17-2010]
No holder of a license under this Chapter or any other person
shall for any purpose whatsoever mix, or permit or cause to be mixed,
with any intoxicating liquor or malt liquor kept for sale, sold or
supplied by him/her as a beverage any drug or other form of ethyl
alcohol or impure form of alcohol.
[Ord. No. 3572 §1, 6-21-2004]
A.
A valid
and unexpired operator's or chauffeur's license issued under the provisions
of Section 302.177, RSMo., or valid and unexpired operator's or chauffeur's
license issued under the laws of any State or territory of the United
States to residents of those States or territories, or a valid and
unexpired identification card as provided for under Section 302.181,
RSMo., or valid and unexpired identification card issued by any uniformed
service of the United States, or a valid and unexpired passport shall
be presented by the holder thereof upon request of any licensee or
Police Officer for the purpose of aiding the licensee or Police Officer
to determine whether or not the person is at least twenty-one (21)
years of age when such person desires to purchase or consume alcoholic
beverages procured from a licensee. Upon such presentation the licensee
or the Police Officer shall compare the photograph and physical characteristics
noted on the license, identification card or passport with the physical
characteristics of the person presenting the license, identification
card or passport.
B.
Upon
proof by the licensee of full compliance with the provisions of this
Section, no penalty shall be imposed if the supervisor of the Division
of Alcohol and Tobacco Control or the courts are satisfied that the
licensee acted in good faith.
C.
No
person who shall, without authorization from the Department of Revenue,
reproduce, alter, modify or misrepresent any chauffeur's license,
motor vehicle operator's license or identification card.
[Ord. No. 3680 §1, 3-29-2006; Ord. No. 3851 §1, 3-15-2010]
After a period of not less than one (1) year after reaching the age of twenty-one (21), a person who has pleaded guilty to or has been found guilty of violating Section 600.085 for the first (1st) time and who since such conviction has not been convicted of any other alcohol-related offense may apply to the Municipal Court for an order to expunge all official records of his/her arrest, plea, trial and conviction. If the court determines, upon review, that such person has not been convicted of any other alcohol-related offense at the time of the application for expungement and the person has no other alcohol-related enforcement contacts as defined in Section 302.525, RSMo., the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status he/she occupied prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his/her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him/her for any purpose whatsoever. A person shall be entitled to only one (1) expungement pursuant to this Section or Section 311.326, RSMo. Nothing contained in this Section shall present courts or other State officials from maintaining such records as are necessary to ensure that an individual receives only one (1) expungement pursuant to this Section or Section 311.326, RSMo.
[CC 1988 §3-11; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 2974 §1, 12-18-1989; Ord. No. 3855 §1, 5-17-2010; Ord. No. 4119, 5-7-2018]
A.
It
shall be unlawful for any person to sell or to keep for sale any intoxicating
liquor or malt liquor in any quantity within the City limits unless
a license therefor shall have been duly and regularly issued as provided
in this Article.
B.
Intoxicating
liquor or malt liquor shall be sold at retail in the original package
under a license granted by the City Council and such intoxicating
liquor or malt liquor so sold shall not be consumed upon the premises
where sold, nor shall the original package be opened on the premises
of the vendor.
C.
No
license shall be issued for the sale of intoxicating liquor or malt
liquor in the original package, not to be consumed upon the premises
where sold, except to a person engaged in, and to be used in connection
with, the operation of one (1) or more of the following businesses:
a drugstore, a cigar and tobacco store, a grocery store, a general
merchandise store, a confectionery or a delicatessen store, nor to
any person who does not have and keep in his/her store a stock of
goods having a value according to invoices of at least one thousand
dollars ($1,000.00), exclusive of fixtures, intoxicating liquor or
malt liquor, at all times during the period for which such license
is issued.
D.
Intoxicating
liquor or malt liquor may be sold at retail by the drink for consumption
on the premises of the licensee upon a license granted by the City
Council, which license shall include the sale of intoxicating liquor
or malt liquor in the original package.
E.
Notwithstanding
the other provisions of this Section and this Chapter, a permit to
sell malt liquor for consumption on the premises where sold may be
issued to any church, school or civic service, fraternal, veteran,
political or charitable club or organization for the sale of such
malt liquor at a picnic, bazaar, fair, horse show or similar gathering.
Such permit shall be issued only for the days named therein and it
shall not authorize the sale of malt liquor for more than seven (7)
days by the club or organization in any fiscal year. The provisions
of this Chapter with regard to the location of premises licensed to
sell intoxicating liquors within certain distances of churches and
schools shall not apply to such temporary permits, nor shall the limitations
on the number of licenses permitted to be issued under this Chapter
be applicable to such permits.
F.
Notwithstanding
the other provisions of this Section and this Chapter, a temporary
permit may be issued for the temporary sale of all wine, light wine
and malt liquor at retail by the drink for consumption on the premises
where sold by any church, school, civic, service, fraternal, veteran,
political, charitable club or organization, or any entity with a temporary
State sales license issued pursuant to Sections 311.483 — 311.485,
RSMo., between the hours of 11:00 A.M. and 12:00 Midnight daily for
sale at a picnic, bazaar, fair or similar gathering. Said permit shall
be issued only for the day or days named therein, and it shall not
authorize the sale of the aforesaid beverages for more than seven
(7) days by any said organization as described above in any fiscal
year. The fee for a temporary permit shall be thirty-seven dollars
and fifty cents ($37.50). The provisions of this Chapter with regard
to the location of premises licensed to sell intoxicating liquors
within certain distances of churches and schools shall not apply to
such temporary permits, nor shall the limitations on the number of
licenses permitted to be issued under this Chapter be applicable to
such permits.
G.
The
sale of any intoxicating liquor except malt liquor, in the original
package, in any quantity less than fifty (50) milliliters shall be
deemed "sale by the drink" and may be made only by a holder of a license
and, when so made, the container in every case shall be emptied and
the contents thereof served as other intoxicating liquors sold by
the drink are served.
H.
Intoxicating liquor and malt liquor may be sold at retail by the drink for consumption on the premises of a restaurant bar according to the provisions of Section 600.030(C) upon a license granted by the City Council in addition to the license allowing such sale on Monday through Saturday.
[Ord. No. 3806 §3, 4-20-2009; Ord. No. 3855 §1, 5-17-2010]
A.
Notwithstanding
any other provision of this Chapter to the contrary, the holder of
a microbrewer's license may apply for, and the City Council may grant,
a license to sell malt liquor by the drink at retail for consumption
on the microbrewery premises and in the original package for off-premises
consumption.
B.
The
holder of the microbrewer's license may also sell malt liquor produced
on the brewery premises to duly licensed wholesalers. However, holders
of a microbrewer's license shall not, under any circumstances, directly
or indirectly, have any financial interest in any wholesaler's business,
and all such sales to wholesalers shall be subject to the restrictions
of Sections 311.181 and 311.182, RSMo., and other applicable provisions
of this Chapter.
[Ord. No. 3928 §1, 2-20-2012]
A.
Notwithstanding
any other provisions of this Section or this Chapter to the contrary,
any person possessing the qualifications and meeting the requirements
of this Chapter, who is licensed to sell intoxicating liquor in the
original package at retail under this Chapter, may apply to the City
Council for a special permit to conduct wine, malt beverage and distilled
spirit tastings on the licensed premises. A licensee under this Section
shall pay to the City Council an additional twenty-five dollars ($25.00)
a year payable at the same time and manner as other license fees.
B.
Nothing
in this Section shall be construed to permit the licensee to sell
wine, malt beverages or distilled spirits for on-premises consumption.
C.
Any
winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide and pour distilled spirits, wine, or malt beverage
samples off a licensed retail premises for tasting purposes provided
no sales transactions take place. For purposes of this Section, a "sales transaction" shall mean an actual and immediate exchange
of monetary consideration for the immediate delivery of goods at the
tasting site.
D.
Distilled Spirits — Wine Or Malt Beverage.
1.
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine, or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Subsection (A) or hold a by-the-drink-for-consumption-on-the-premises-where-sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
2.
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer, or
brewer or by a sampling service retained by the retailer, winery,
distiller, manufacturer, or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control.
3.
Any distilled spirits, wine, or malt beverage sample provided by
the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
[CC 1988 §3-12; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 3175 §1, 6-20-1994; Ord. No. 3653 §1, 1-18-2006; Ord. No. 3855 §1, 5-17-2010]
A.
The
number of establishments, taverns or persons licensed to sell intoxicating
liquor or malt liquor by the drink for consumption on the premises
is hereby set, fixed and determined at not more than fifteen (15).
B.
The
number of establishments, taverns or persons licensed to sell intoxicating
liquor or malt liquor in the original package, not to be consumed
on the premises, is hereby set, fixed and determined at not more than
fifteen (15).
[Ord. No. 3972 §1, 3-18-2013]
A.
It
shall be unlawful for any person operating a premises where food,
beverages or entertainment are sold or provided for compensation,
who does not possess a license for the sale of intoxicating liquor,
to permit the drinking or consumption of intoxicating liquor or beer
on the premises, without having a license for such issued by the City.
B.
Notwithstanding
any other provisions of this Section or this Chapter to the contrary,
any person possessing the qualifications and meeting the requirements
of this Chapter may apply to the City Council for a special permit
to allow for the consumption of intoxicating liquor or beer on the
premises. A licensee under this Section shall pay to the City Council
sixty-seven dollars fifty cents ($67.50) 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, malt beverages or distilled spirits for on-premises consumption
unless the licensee has the appropriate license in accordance with
this Chapter. For purposes of this Section, a "sales transaction" shall mean an actual and immediate exchange of monetary consideration
for the immediate delivery of goods at the consumption site.
D.
The
drinking and consumption of intoxicating liquor and/or beer shall
not be permitted in or upon a licensed premises by any person under
twenty-one (21) years of age, or by any other person between the hours
of 1:30 A.M. and 6:00 A.M. on any weekday, and between the hours of
1:30 A.M. Sunday and 6:00 A.M. Monday. Licenses issued hereunder shall
be conditioned upon the observance of the provisions of this Section
and Chapter governing the conduct of premises licensed for the sale
of intoxicating liquor by the drink. The provisions regulating the
drinking or consumption of intoxicating liquor and/or beer between
certain hours and on Sunday shall apply also to premises licensed
to sell intoxicating liquor by the drink.
E.
No
intoxicating liquor or beer may be served or sold on any premises
used as a polling place on election day.
[CC 1988 §3-13; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 3855 §1, 5-17-2010]
Any person desiring a license for the sale of intoxicating liquor
or malt liquor in any manner shall prepare and file an application
therefor with the City. Such application shall contain all information
called for in the form supplied by the City and shall be signed by
the applicant.
[CC 1988 §3-14; Ord. No. 3087 §1, 6-15-1992]
A.
No
person, partnership or corporation shall be granted a license under
this Chapter unless:
1.
Such person is of good moral character and a qualified legal voter
and taxpaying citizen of the County, Town, City or Village of which
he/she is a resident;
2.
The Managing Officer of such corporation is of good moral character
and a qualified legal voter and taxpaying citizen of the County, Town,
City or Village of which he/she is a resident.
B.
No
person, partnership or corporation shall be qualified for a license
under this Chapter if:
1.
Such person's license has been revoked; such person 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 malt
liquor; such person employs in his/her business any person whose license
has been revoked or who has been convicted of violating such law since
the date aforesaid; or such person or any person he/she employs in
his/her business has violated any of the provisions of the Missouri
Codified State Regulations, 11 CSR 70-2.130, as amended.
2.
Such person; any member of such partnership; such corporation or
any officer, director or any stockholder owning, legally or beneficially,
directly or indirectly, ten percent (10%) or more of the stock of
such corporation, or other financial interest therein, or ten percent
(10%) or more of the interest in the business for which the person,
partnership or corporation is licensed under this Chapter; or any
person employed in the business licensed hereunder shall have had
a license revoked; 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 malt liquor; has violated any of
the provisions of the Missouri Codified State Regulations, 11 CSR
70-2.130, as amended; or is not a person of good moral character.
3.
In the discretion of the City Council, it is not advisable to grant
the license; the proposed location is unsatisfactory; the granting
of the license is not in the best interests of the City; or the granting
of the license may be detrimental to the health, welfare or safety
of the citizens of the City of De Soto.
C.
As
used in this Chapter, the term "financial interest" shall mean all interest, legal or beneficial, direct or indirect,
in the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise after the payment of reasonable
and necessary operating business expenses and taxes, including interest
and dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or consideration of interest
in, or for the use of the capital devoted to the enterprise, or for
property or money advanced, loaned or otherwise made available to
the enterprise, except by way of ordinary commercial credit or bona
fide bank credit not in excess of credit customarily granted by banking
institutions, whether paid as dividends, interest or profits or in
the guise of royalties, commissions, salaries or any other form whatsoever.
[CC 1988 §3-15; Ord. No. 2753 §1, 6-4-1984]
No license or reissue or renewal of any existing license shall
be granted under this Chapter until the application shall have been
referred to the Chief of Police for investigation. The Chief shall
report the result of his/her investigation to the Council. Approval
shall be granted only upon a favorable vote of the Council. On approval
by the City Council and payment of the license fee provided in this
Chapter, an appropriate license shall be issued to the applicant to
conduct such business in the City.
[CC 1988 §3-16; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 2975 §1, 12-18-1989; Ord. No. 3140 §§1 — 2, 6-21-1993; Ord. No. 3198 §1, 11-21-1994; Ord. No. 3541 §3, 10-20-2003; Ord. No. 3573 §1, 6-21-2004; Ord. No. 3574 §1, 6-21-2004; Ord. No. 3806 §2, 4-20-2009; Ord. No. 3855 §1, 5-17-2010; Ord. No. 3927 §1, 2-20-2012; Ord. No. 3935 §2, 5-21-2012; Ord. No. 3972 §1, 3-18-2013]
A.
The
license fees required and imposed under this Chapter shall be as follows:
1.
For the sale of all kinds of intoxicating liquors or malt liquors
for consumption on the premises of the licensee, four hundred fifty
dollars ($450.00) per year.
2.
For the sale of intoxicating liquors or malt liquors at retail in
the original package, not to be consumed on the premises of the licensee,
one hundred fifty dollars ($150.00) per year.
3.
For the sale of intoxicating liquor or malt liquor by a "restaurant
bar" or on the premises of any establishment having at least forty
(40) rooms for the overnight accommodations of transient guests as
hereinbefore described in this Chapter, three hundred dollars ($300.00)
per year, which sum shall be in addition to the license fee for sales
on Monday through Saturday.
4.
For the sale of malt liquor by a club or organization referred to in Section 600.100, thirty-seven dollars fifty cents ($37.50) per permit.
5.
For the sale of liquor by a licensed liquor wholesale solicitor,
the sum of one hundred fifty dollars ($150.00) per year.
[Ord. No. 4526, 3-18-2019]
6.
For the sale of malt liquors or light wines, or both, at retail by
the drink for consumption on the premises where sold, the sum of sixty-seven
dollars fifty cents ($67.50) per year.
7.
A special license to sell intoxicating liquor or malt liquor at retail
in the original package, not to be consumed on the premises of the
special licensee, between the hours of 9:00 A.M. and Midnight on Sundays
(this license may only be issued to someone who already holds a license
to sell intoxicating liquor or malt liquor in the original package),
the sum of three hundred dollars ($300.00) per year in addition to
the sum of any other license fee.
8.
For a special license authorizing the manufacture of malt liquor
by a microbrewery, two hundred fifty dollars ($250.00) per year in
addition to the sum of any other license fee.
9.
For a special license to sell intoxicating liquor by the drink at
retail for the consumption on the premises of a wine shop, two hundred
dollars ($200.00) per year in addition to the sum of any other license
fee.
B.
Of
the license fee to be paid for any such license, the applicant shall
pay as many twelfths (12ths) as there are months (part of a month
counted as a month) remaining from the date of the license to the
next succeeding July first (1st).
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 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.
[CC 1988 §3-18; Ord. No. 2753 §1, 6-4-1984]
All licenses under the provisions of this Chapter shall expire
on the thirtieth (30th) day of June next after issuance.
[CC 1988 §3-19; Ord. No. 3088 §1, 6-15-1992]
A.
The City Council may, after public hearing, suspend or revoke any license issued under this Chapter for violation of any of the provisions of this Chapter; for ineligibility of the licensee under Section 600.130; or for violation of Missouri Codified Regulation, 11 CSR 70.2.130, as amended.
B.
Notice of the public hearing as provided in Subsection (A) of this Section shall be given in writing to the licensee, either personally or by certified mail addressed to the licensee at the address given for the premises licensed, at least ten (10) days prior to the date the hearing is set. The notice shall state the purpose of the hearing and such additional information necessary to apprise the licensee of the nature of the proceedings against him/her.
C.
When
the City Council renders its decision, it shall forthwith notify the
licensee in writing of its decision.
D.
Any
person whose license is suspended or revoked by the City Council may
appeal such suspension or revocation to the Circuit Court of the County
by filing a written notice of such appeal in the manner prescribed
by the Missouri Supreme Court Rules. Such an appeal will stay the
enforcement of the City Council's decision.
[CC 1988 §3-20; Ord. No. 2753 §1, 6-4-1984]
Any person violating any of the provisions of this Chapter,
except where some penalty is otherwise provided, shall, upon conviction
thereof, be adjudged guilty of a misdemeanor. Upon conviction of any
person under the provisions of this Chapter, it shall be the duty
of the Municipal Judge to certify such conviction to the City Council.
[CC 1988 §3-21; Ord. No. 2753 §1, 6-4-1984; Ord.
No. 3855 §1, 5-17-2010]
No person shall have more than three (3) licenses or be directly
or indirectly interested in any business of any other person to sell
intoxicating liquor or malt liquor of any kind.
[CC 1988 §3-22; Ord. No. 2753 §1, 6-4-1984]
In case of revocation, forfeiture, abandonment or non-use of
any license granted and issued under the provisions of this Chapter,
for cause or otherwise, the City shall in no event return any part
of the license fee paid for such license.
[CC 1988 §3-23; Ord. No. 2753 §1, 6-4-1984]
In case of denial of a State license by the State Division of
Liquor Control or in the case of death or physical incapacitation
of the licensee, the City shall, upon request in writing, refund the
license fee to the licensee or the survivor of such licensee on a
prorated basis.
