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
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
As defined by Section 311.490, RSMo.
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests, having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross receipts requirements of this
definition, if any facility which is a part of the resort meets such
requirement, such requirement shall be deemed met for any other facility
which is a part of the resort.
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.
[CC 1999 §5.0505; Ord. No. 99-12-01 §1, 12-7-1999]
No person shall be issued a City license for the sale of intoxicating
liquor unless said person qualifies and meets the requirements of
the State of Missouri for a license for such sale of intoxicating
liquor.
A.
No
person shall sell or offer for sale intoxicating liquor in the City
of Fair Grove without a currently valid liquor license issued by the
City. A separate liquor license shall be required for each of the
categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein.
B.
General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor:
1.
Package liquor — malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold. This license may include Sunday sales as set out in Subsection (C).
2.
Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
C.
Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
D.
Permits.
1.
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3.
Tasting permit — winery, distiller, manufacturer, etc.
a.
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 Subsection (D)(3), a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.
c.
Any winery, distiller, etc., may provide or furnish distilled
spirits, wine or malt beverage samples on a licensed retail premises
— when.
(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 Section 311.294, RSMo., 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 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.
[1]
Cross Reference — As to blackout period, §600.040; also see §600.030(C).
A.
Package Sales, Limitations. 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 Chapter or law.
B.
(Reserved)
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
Notwithstanding any other provision of this Chapter, a permit for
the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for the sale of such intoxicating liquor 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.
2.
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.
3.
At the same time that an applicant applies for a permit under the
provisions of this Subsection, 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.
D.
Operating Hours, Days.
1.
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 except as otherwise authorized and licensed for Sunday sales, and if said 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 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. 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 room only, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
2.
When January first (1st), March seventeenth (17th), July fourth (4th)
or December thirty-first (31st) falls on Sunday, and on the Sundays
prior to Memorial Day and Labor Day and on the Sunday on which the
national championship game of the National Football League is played,
commonly known as "Super Bowl Sunday", any person having a license
to sell intoxicating liquor by the drink may be open for business
and sell intoxicating liquor by the drink under the provisions of
his/her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of this Chapter to the contrary.
E.
(Reserved)
F.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
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 Chapter, may make application
and the Clerk 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. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
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.
4.
In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
5.
Every licensee shall keep displayed prominently at all times on its
licensed premises any City license designating the premises as a place
licensed by the City to sell intoxicating liquors. Nonetheless, no
application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. Within ten (10) days from the issuance
of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
G.
(Reserved)
[CC 1999 §5.0504; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 05-08-03 §5.0504, 8-10-2005]
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 hereafter be established within three hundred
(300) 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 three hundred (300)
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.
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.
[CC 1999 §§5.0506 — 5.0508; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 05-07-01 §1, 7-12-2005]
A.
License Fees — Intoxicating Liquor — Original Package. Every person engaged in the sale of intoxicating liquor, including
five percent (5%) beer in the original package, shall first obtain
a license from the City of Fair Grove, Missouri, and the fee for such
license shall be one and one-half (1½) times what State of
Missouri Liquor Control License fee is at time of application to the
City of Fair Grove, Missouri, per year. No license shall be issued
for more than one (1) year and any license issued for a shorter period
than one (1) year shall cost the same price as a license issued for
one (1) year. No rebate shall be made if not used for the one (1)
year period for which it is issued.
B.
License Fee — Intoxicating Liquor By The Drink. Every
person engaged in the sale of intoxicating liquor by the drink shall
first obtain a license from the City of Fair Grove, Missouri, and
the fee for such license shall be one and one-half (1½) times
what State of Missouri Liquor Control License fee is at time of application
to the City of Fair Grove, Missouri, per year. No license shall be
issued for more than one (1) year and any license issued for a shorter
period than one (1) year shall cost the same price as a license issued
for one (1) year and no rebate shall be made if not used for the one
(1) year period for which it is issued.
C.
Sunday Sales, Intoxicating Liquor At Retail Allowed — Hours
— Fee. Notwithstanding any other provisions of this
Section or any other law to the contrary, any person possessing the
qualifications and meeting the requirements of this Section, who is
licensed to sell intoxicating liquor at retail under this Chapter,
may apply to the City for a special license to sell intoxicating liquor
at retail between the hours of 9:00 A.M. and Midnight on Sundays.
A license under this Section shall pay to the City an additional fee
of one and one-half (1½) times what State of Missouri Liquor
Control License fee is at time of application to the City of Fair
Grove, Missouri, payable at the same time and in the same manner as
its other license fee.
[Ord. No. 04-04-06 §5.0507.2, 5-7-2004]
No temporary liquor by the drink license shall be issued during
the last full weekend of September, commencing on Friday at 6:00 P.M.
to 12:00 Midnight Sunday or such other period of time during which
the Fair Grove Heritage Reunion occurs.
A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter
316, RSMo. The temporary permit shall be effective for a period not
to exceed one hundred sixty-eight (168) consecutive hours, and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which alcoholic beverages may lawfully
be sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. For every permit issued pursuant to the
provisions of this Section, the permittee shall pay to the City one
and-one half (1½) times the fee required by the State, or fraction
thereof, for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages, in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D.
To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
A.
Any
person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a self-dispensing system, which
is monitored and controlled by the licensee and allows patrons of
the licensee to self-dispense beer or wine. Before a patron may dispense
beer or wine, an employee of the licensee must first authorize an
amount of beer or wine, not to exceed thirty-two (32) ounces of beer
or sixteen (16) ounces of wine per patron per authorization, to be
dispensed by the self-dispensing system.
B.
No
provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish self-dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of self-dispensing
systems.
A.
Any
person who is licensed to sell intoxicating liquor in the original
package at retail as provided in Subsection 1 of Section 311.200,
RSMo., may sell from thirty-two (32) to one hundred twenty-eight (128)
fluid ounces of draft beer to customers in containers filled by any
employee of the retailer on the premises for consumption off such
premises. Any employee of the licensee shall be at least twenty-one
(21) years of age to fill containers with draft beer.
B.
No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C.
Requirements Regarding Containers.
1.
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: "This product may be unfiltered and unpasteurized.
Keep refrigerated at all times."
D.
Additional Regulations.
1.
The filling and refilling of containers shall only occur on demand
by a customer and containers shall not be prefilled by the retailer
or its employee.
2.
Containers shall only be filled or refilled by an employee of the
retailer.
3.
Containers shall be filled or refilled as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:
(1)
Food-grade sanitizer shall be used in accordance with the Environmental
Protection Agency registered label use instructions;
(2)
A container of liquid food-grade sanitizer shall be maintained
for no more than ten (10) malt beverage taps that will be used for
filling and refilling containers;
(3)
Each container shall contain no fewer than five (5) tubes that
will be used only for filling and refilling containers;
(4)
The container shall be inspected visually for contamination;
(5)
After each filling or refilling of a container, the tube shall
be immersed in the container with the liquid food-grade sanitizer;
and
(6)
A different tube from the container shall be used for each filling
or refilling of a container; or
b.
Containers shall be filled or refilled with a contamination-free
process and:
4.
Containers shall be filled or refilled from the bottom of the container
to the top with a tube that is attached to the malt beverage faucet
and extends to the bottom of the container or with a commercial filling
machine.
5.
When not in use, tubes to fill or refill shall be immersed and stored
in a container with liquid food-grade sanitizer.
A.
Filing And Approval Of An Application.
1.
Each application for a license shall be filed with the City Clerk
on a form to be provided by the City, signed and sworn to by the applicant.
Each application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
2.
Upon approval of any application for a license, the Clerk shall grant
the applicant a license to conduct business in the City for a term
to expire with the 30th day of June next succeeding the date of such
license, unless such license be revoked or suspended for cause before
the expiration of such time.
B.
Qualifications For Licenses.
1.
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the County or City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County or City; and, except as otherwise provided under Subsection (G) of this Section, no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the 21st Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked unless five (5) years have passed since the revocation as provided under Subsection (F) of this Section, or who has been convicted of violating such law since the date aforesaid; provided that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State.
2.
Additional Requirements; Exceptions.
a.
No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership or 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, or any person employed in the business licensed under this Chapter shall have had a license revoked under this Chapter except as otherwise provided under Subsections (F) and (G) of this Section, or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st Amendment to the Constitution of the United States, or shall not be a person of good moral character.
b.
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor. The Division of Alcohol and Tobacco
Control shall promulgate rules to enforce the provisions of this Subsection.
c.
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in this
Section.
C.
A "resident corporation" is defined to be a corporation incorporated
under the laws of this State, all the officers and directors of which,
and all the stockholders, who legally and beneficially own or control
sixty percent (60%) or more of the stock in amount and in voting rights,
shall be qualified legal voters and taxpaying citizens of the county
and municipality in which they reside and who shall have been bona
fide residents of the State for a period of three (3) years continuously
immediately prior to the date of filing of application for a license,
provided that a stockholder need not be a voter or a taxpayer, and
all the resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this Chapter; provided that no corporation
licensed under the provisions of this Chapter on January 1, 1947,
nor any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code,[1] shall be disqualified by reason of the new requirements
herein, except corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight,
or owned or controlled, directly or indirectly, by non-resident persons,
partnerships or corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight.
[1]
Editor's Note: Said reference is to the Federal law as it
existed at the time. Said Section 112 of the Internal Revenue Code
has since been reorganized into various sections of Title 26 of the
United States Code.
D.
The
term "financial interest" as used in this Chapter is defined to 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 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.
E.
The
City Clerk shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the City Clerk.
F.
Any
person whose license or permit issued under this Chapter has been
revoked shall be automatically eligible to work as an employee of
an establishment holding a license or permit under this Chapter five
(5) years after the date of the revocation.
G.
Any person whose license or permit issued under this Chapter has
been revoked shall be eligible to apply and be qualified for a new
license or permit five (5) years after the date of the revocation.
The person may be issued a new license or permit at the discretion
of the Division of Alcohol and Tobacco Control. If the City denies
the request for a new permit or license, the person may not submit
a new application for five (5) years from the date of the denial.
If the application is approved, the person shall pay all fees required
by law for the license or permit. Any person whose request for a new
license or permit is denied may seek a determination by the Administrative
Hearing Commission as provided under Section 311.691, RSMo.
A.
Notwithstanding
any provision of law to the contrary, any person who is licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption
may sell retailer-packaged alcoholic beverages to customers in containers,
filled on such premises by any employee of the retailer who is twenty-one
(21) years of age or older, for off-premises consumption if all the
following requirements are met:
1.
The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption 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;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subsection,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcoholic beverages; and
7.
For purposes of this Subsection, "tamperproof" means that a lid,
cap, or seal visibly demonstrates when a bag or container has been
opened.
B.
Containers that are filled under Subsection (A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
C.
The
filling of a container under this Section shall be in compliance with
Section 3-304.17(c) of the 2009 Food and Drug Administration Food
Code.
D.
No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (A) of this Section to any person who is licensed to sell intoxicating liquor at retail.
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
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.
2.
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.
3.
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.
4.
Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a.
Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b.
Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5.
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.
B.
Sales To Minor — Exceptions.
1.
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, 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 for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2.
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/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
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; and
c.
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.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use 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.
D.
Minors In Possession Of Intoxicating Liquor.
1.
No person under age twenty-one (21) shall buy or attempt to buy or
have in his/her possession any intoxicating liquor as defined in Section
311.020, RSMo., or shall be visibly in an intoxicated condition as
defined in Section 577.001, RSMo., or shall have a detectable blood
alcohol content of more than two-hundredths percent (0.02%) or more
by weight of alcohol in his/her blood.
2.
The provisions of this Subsection shall not apply to a student who:
a.
Is eighteen (18) years of age or older; and
b.
Is enrolled in an accredited college or university and is a student
in a culinary course; and
c.
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
d.
Tastes a beverage under Subsection (D)(2)(c) of this Section 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 any 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.
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3.
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. "Full information" is limited
to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood or breath sample or urine
analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person who
performed the test;
e.
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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"Full information" 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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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.
[CC 1999 §5.0516; Ord. No. 99-12-01 §1, 12-7-1999]
No person licensed hereunder shall permit a public nuisance
to exist on the licensed premises.
[CC 1999 §5.0517; Ord. No. 99-12-01 §1, 12-7-1999]
A.
It
shall be unlawful for any licensee or it employees to permit in or
upon the licensed premises any obscene, indecent, immoral, lewd or
lascivious dance or acts. Any entertainer, performer or person in
a costume or any other clothing which does not conceal the reproductive
or sexual organs or buttocks or female breast shall be presumed to
be in violation of this Section and the owner or operator shall be
presumed to have permitted the violation, however this presumption
shall be rebuttable.
B.
The
displaying of films, video programs or pictures depicting sexual acts
or the live performances of which are prohibited by this Section or
by any other law, is deemed to be in violation of this Section.
[CC 1999 §5.0518; Ord. No. 99-12-01 §1, 12-7-1999]
It shall be unlawful for the holder of any license authorized
by this Section for the sale of any intoxicating liquor at retail,
either in the original package or for consumption on the premises
where sold, to supply, sell or permit to be sold, any intoxicating
liquor through any drive-up or walk-up window or facility where the
customer or person receiving the intoxicating liquor is not required
to enter the premises of the license.
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Any
retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
2.
Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
1.
It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
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 licensee.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
b.
Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor . It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or on
any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
A.
A person
commits the offense of manufacturing a false identification if he
or she possesses any means of identification for the purpose of manufacturing
and providing or selling a false identification card to a person under
the age of twenty-one (21) for the purpose of purchasing or obtaining
alcohol.
B.
The
offense of manufacturing a false identification is an ordinance violation.
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board of Aldermen or a hearing officer not less than ten (10) days prior to the effective date of revocation or suspension. Prior to the hearing the Clerk shall give not less than ten (10) days' written notice to the licensee specifying the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapter 311,
RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control;
3.
Making a false affidavit in an application for a license under this
Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
the license;
6.
Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving, or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years,
b.
Any person during unauthorized hours on the licensed premises,
c.
A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any person on the licensed premises during a term of suspension as
ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, RSMo., or of any felony violation of Chapter 195or 479, RSMo.,
in the course of business. A license shall be suspended automatically
if the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the Board shall
be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
in civil suits in the Circuit Courts of this State. The Board also
may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
A.
Any
person who is licensed to sell or serve alcoholic beverages at any
establishment shall place on the premises of such establishment a
warning sign as described in this Section. Such sign shall be at least
eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
B.
Any
employee of the Supervisor of Alcohol and Tobacco Control may report
a violation of this Section to the Supervisor, and the Supervisor
shall issue a warning to the licensee of the violation.
A.
Notwithstanding
any provision of law to the contrary, entertainment facilities including,
but not limited to, arenas and stadiums used primarily for concerts,
shows, and sporting events of any kind and entities selling concessions
at such facilities that possess all necessary and valid licenses and
permits to allow for the sale of alcoholic beverages shall not be
prohibited from selling and delivering alcoholic beverages purchased
through the use of mobile applications to individuals attending events
on the premises of such facilities if the facilities are in compliance
with all applicable State laws and regulations regarding the sale
of alcoholic beverages.
B.
For
purposes of this Section, the term "mobile application" shall mean
a computer program or software designed to be used on hand-held mobile
devices such as cellular phones and tablet computers.
C.
Any
employee of a facility or entity selling concessions at a facility
who delivers an alcoholic beverage purchased through a mobile application
to an individual shall require the individual to show a valid, government-issued
identification document that includes the photograph and birth date
of the individual, such as a driver's license, and shall verify that
the individual is twenty-one (21) years of age or older before the
individual is allowed possession of the alcoholic beverage.
