Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
[Ord. No. 050314 §2, 3-14-2005]
When used in this Chapter, the following word shall have the
following meaning:
INTOXICATING LIQUOR
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 (.5%) by volume.
[Ord. No. 050314 §5, 3-14-2005]
Any person, firm, partnership or corporation desiring to sell
intoxicating liquor within the City limits of Willard shall first
apply for and obtain a license from the City of Willard, as well as
any other permits and/or licenses required by the State of Missouri.
The failure to obtain a license as required herein prior to the sale
or offer of sale of intoxicating liquor shall be deemed an ordinance
violation.
[Ord. No. 050314 §3, 3-14-2005]
No person, firm, partnership or corporation shall be issued
a City license for the manufacture or sale of intoxicating liquor
unless they are otherwise qualified to be licensed by the State of
Missouri pursuant to Sections 311.060, RSMo., et seq.
[Ord. No. 050314 §4, 3-14-2005; Ord.
No. 131007A §2, 10-7-2013]
A. No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within three hundred (300) feet of any
school, church or other building regularly used as a place of religious
worship, unless the applicant for the license shall first obtain the
consent in writing of the Board of Aldermen, except that when a school,
church or place of worship shall be hereafter established within three
hundred (300) feet of any place or business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within three hundred (300)
feet of the proposed license premises. The three-hundred (300) foot
distance provided for in this Section shall be measured from the center
threshold of the main public entrances of such premises by the most
direct walking route.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. Subsection
(A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[Ord. No. 050314 §8, 3-14-2005]
A. Prior
to issuance of any permit for the sale of any intoxicating liquor
by the City of Willard, said applicant shall:
1. Make application upon such forms and in the manner prescribed by
the Board of Aldermen of the City of Willard;
2. Meet all zoning restrictions as may be prescribed from time to time;
3. Pay all permit and application fees as herein described.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.