The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A place where all doors are locked and where no patrons are
in the place or about the premises and no intoxicating liquor is being
consumed.
A licensee under this Chapter is maintaining or operating
a disorderly place or house when the following violations occur:
Any acts of immorality.
Any acts of lewd conduct such as sexually unchaste or licentious
behavior.
Breaches of the peace.
Exceeding occupancy limit of premises.
Suffering or permitting any acts prohibited under this Chapter.
Violation(s) of any provision of this Chapter.
Violation(s) of other City ordinances or State laws or State
regulations applicable to the premises.
The liquor and/or business license was obtained through materially
false statements in the application for such license or renewal thereof.
The licensee failed to make a complete disclosure of all pertinent
information in the application for such liquor and/or business license
or renewal thereof.
The licensee, since the issuance of such license, has ceased
to be the person actually engaged in the active control and management
of the particular establishment for which the liquor and/or business
license was issued.
The licensed premises are no longer used for the purposes permitted
by the liquor and/or business license and after five (5) days' written
notice, the licensee has failed to respond or satisfactorily explain
the change.
Anything has occurred which would render the licensed premises
ineligible or unsuitable for a liquor and/or business license under
the provisions of this Chapter.
A licensee under this Chapter has:
Had the Police called frequently to the licensed premises.
Failed to control the licensed premises.
Sold intoxicating liquor or beer at the licensed premises to
minors or persons already intoxicated.
Failed to cooperate with properties neighboring the licensed
premises.
Failed to cooperate with reasonable suggestions pertaining to
the licensed premises made by the Police Department or the City License
Officer.
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The list of examples of failure to keep an orderly place or
house shall be by way of example only and shall not be deemed to be
exclusive in nature.
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All interest, legal or beneficial, direct and 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
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for or in consideration of interest
in or for 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.
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes, containing in excess of one half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter, but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
Any liquor containing alcohol not in excess of five percent
(5%) by weight, manufactured from pure hops or pure extraction of
hops or pure barley malt or wholesome grain or cereals and wholesome
yeast and pure water.
Any package containing fifty (50) milliliters or more of
intoxicating liquor, excepting malt liquor, or any package containing
three (3) or more standard bottles of malt liquor.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator, or other
officer appointed by any State or Federal court.
The sale of any intoxicating liquor except malt liquor in
the original package in any quantity less than fifty (50) milliliters.
Wines containing not in excess of fourteen percent (14%)
of alcohol by weight made exclusively from grapes, berries and other
fruits and vegetables.
[1]
Editor's Note: Section 2 set out an effective date of July 1, 2017 for Ord. No. 3650, which set out a new Chapter 600, Alcoholic Beverages.
[2]
Editor's Note: Former Chapter 600, Alcoholic Beverages, containing Sections 600.010 through 600.130, which derived from CC 1988 §§ 51.010 — 51.100; Ord. No. 600 § 1, 1-16-1989; Ord. No. 642 § 1, 8-10-1989; Ord. No. 733 § 1, 1-7-1991; Ord. No. 744 § 1, 3-5-1991; Ord. No. 790 § 1, 3-2-1992; Ord. No. 798 § 1, 4-20-1992; Ord. No. 823 § 1, 9-8-1992; Ord. No. 844 § 1, 12-14-1992; Ord. No. 889 § 1, 6-21-1993; Ord. No. 988 §§ 1 — 2, 10-17-1994; Ord. No. 1067 § 1, 12-18-1995; Ord. No. 1259 § 1, 1-19-1998; Ord. No. 1310 § 1, 6-15-1998; Ord. No. 1651 § 1, 9-17-2001; Ord. No. 1962 § 1, 1-5-2004; Ord. No. 1991 § 1, 3-15-2004; Ord. No. 2048 §§ 1 — 2, 8-2-2004; Ord. No. 2264 § 1, 3-20-2006; Ord. No. 2953 §§ 1 — 3, 3-7-2011; Ord. No. 2980 § 1, 6-6-2011; Ord. No. 3172 § 1, 5-6-2013; Ord. No. 3548 § 1, 5-16-2016 was repealed 2-6-2017 by § 1 of Ord. No. 3650.
[Ord. No. 3650 § 1, 2-6-2017]
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. upon or about his/her premises. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 between the hours of 1:30 a.m. and 6:00 a.m. every day of the week. 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. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation.
[Ord. No. 4344, 2-22-2022]
B.
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.
[Ord. No. 3650 § 1, 2-6-2017]
The City Clerk shall be the City License Officer and shall issue,
in the name of the City, all licenses and permits required by this
Article to all qualified applicants therefor, after all required taxes
and fees have been paid and requirements met in accordance with the
provision of this City Chapter.
[Ord. No. 3650 § 1, 2-6-2017]
A.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing from the City, except that when a school, church or place
of worship shall hereafter be established within one hundred (100)
feet of any place of business licensed to sell intoxicating liquor,
the license shall not be denied for this reason. Such consent shall
not be granted until at least ten (10) days' written notice has been
provided to all owners of property within one hundred (100) feet of
the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
[Ord. No. 3650 § 1, 2-6-2017]
The sale or consumption, either in a vehicle or otherwise, of
any intoxicating liquor upon any public street, highway, thoroughfare,
sidewalk, alley, public park, public parking lot or upon any private
property, without the permission of the owner or occupant of the property,
or in any place open to the public, other than premises or grounds
specifically licensed to sell intoxicating liquors, is hereby declared
to be unlawful.
[Ord. No. 3650 § 1, 2-6-2017]
Licensees shall, at all times, keep and maintain the premises,
both interior and exterior, in a clean, orderly and sanitary condition.
During business hours, the licensee shall keep the premises lighted
sufficiently so that both the interior and the 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.
[Ord. No. 3650 § 1, 2-6-2017]
No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: A drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this law. For every license for sale at retail in the original package, the licensee shall pay to the City the sum as set out in Section 600.190.
[Ord. No. 3650 § 1, 2-6-2017]
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made only by a holder
of a retail liquor dealer's license and, when so made, the container
in every case shall be emptied and the contents thereof served as
other intoxicating liquors sold by the drink are served.
[Ord. No. 3650 § 1, 2-6-2017]
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.
[Ord. No. 3650 § 1, 2-6-2017]
A.
Any licensee under this Chapter, or his/her employee, who shall sell,
vend, give away or otherwise supply any intoxicating liquor in any
quantity whatsoever to any person under the age of twenty-one (21)
years, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever,
or to any intoxicated person or any person appearing to be in a state
of intoxication, or to a habitual drunkard, shall be deemed guilty
of an ordinance violation, except that this Section shall not apply
to the supplying of intoxicating liquor to a person under the age
of twenty-one (21) years for medical purposes only, or to the administering
of such intoxicating liquor to any person by a duly licensed physician.
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, is guilty of an ordinance violation.
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. 3650 § 1, 2-6-2017]
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, or who is visibly intoxicated 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 guilty of an infraction. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened, or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
B.
For purposes of determining violations of any provision of this Chapter,
or of 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 not intoxicating liquor
in such container, but the burden of proof of such allegation is on
such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
C.
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.
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. 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 of twenty-one (21) to receive any beer, ale,
porter, wine, or other similar malt or fermented beverage unless the
beverage is delivered as part of the student's required curriculum
and the beverage is used only for instructional purposes during classes
conducted as part of the curriculum.
[Ord. No. 3650 § 1, 2-6-2017]
A.
Any person of the age of seventeen (17) years and under the age of
twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for, or in any way receiving any intoxicating liquor, except in cases
authorized by law, shall, upon conviction, be deemed guilty of an
ordinance violation. Any person under the age of seventeen (17) years
who shall represent that he/shehas attained the age of twenty-one
(21) years for the purpose of purchasing, asking for, or in any way
receiving any intoxicating liquor, except in cases authorized by law,
may be considered a delinquent child and may be dealt with in accordance
with the provisions of Chapter 211, RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[Ord. No. 3650 § 1, 2-6-2017]
B.
In any place of business licensed in accordance with Section 311.200,
or Section 312.040, RSMo., persons at least eighteen (18) years of
age may stock, arrange displays, operate the cash register or scanner
connected to a cash register and accept payment for, and sack for
carryout, intoxicating liquor. 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.
