[CC 1990 §600.010; CC §50.010]
This Chapter shall be known as the Liquor Control Law.
[CC 1990 §600.020; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 96.039 §1, 7-8-1996]
Whenever used in this Chapter, unless a different meaning appears
from the context, the following terms shall mean:
INTOXICATING LIQUOR
Shall mean and include 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 except for non-intoxicating
beer as defined in Section 312.010, RSMo., and in this Section. 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 not subject to inspection as provided by Sections 196.365
to 196.445, RSMo.
MALT LIQUOR
Shall mean any liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and extraction of hops or
pure barley malt or wholesome grain or cereals and wholesome yeast
or pure water.
NON-INTOXICATING BEER
Shall be construed to refer to and to mean any beer manufactured
from pure hops or pure extract of hops, and pure barley malt or other
wholesome grains or cereals, and wholesome yeast, and pure water,
and free from all harmful substances, preservatives and adulterants,
and having an alcoholic content of more than one-half of one percent
(0.5%) by volume and not exceeding three and two-tenths percent (3.2%)
by weight.
PERSON
Shall mean and include any individual, association, joint
stock company, syndicate, co-partnership, corporation, receiver, trustee,
conservator or other officer appointed by any State or Federal Court.
TAVERN
Shall mean a business licensed and operating under Section
311.200, RSMo., wherein the only alcoholic beverages sold are malt
liquor in excess of three and two-tenths percent (3.2%) by weight
and not to exceed five percent (5%) by weight or light wines containing
not in excess of fourteen percent (14%) of alcohol by weight by the
drink at retail for consumption upon the premises where sold. In addition,
such business may obtain a license to sell the aforementioned beverages,
in the original package, not to be consumed on the premises as authorized
under Section 311.200, RSMo.
[CC 1990 §600.030; Ord. No. 92.030 §§1 — 2, 6-8-1992]
A. It
shall be unlawful for any person to sell or expose for sale in the
City intoxicating liquor, malt liquor or non-intoxicating beer, in
any quantity without taking out a license as herein provided.
B. Any person convicted of violating any provision of Chapter
600 of the Desloge Municipal Code shall be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment.
[CC 1990 §600.035; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 93.017 §2, 6-15-1993; Ord. No. 2001.13 §1, 4-9-2001; Ord. No. 2003.20 §1, 8-28-2003; Ord. No. 2015.15, 6-8-2015; Ord. No. 2018.10, 3-12-2018]
A. For
each license issued under this Chapter, there shall be paid to and
collected by the City Clerk the annual charges as follows:
1. For every license permitting sale of intoxicating liquor in the original
package not to be consumed on the premises, a fee of one hundred fifty
dollars ($150.00) pursuant to Section 311.200(1), RSMo.
2. For every license permitting sale of malt liquor containing alcohol
in excess of three and two-tenths percent (3.2%) by weight and not
in excess of five percent (5%) by weight, in the original package
not to be consumed on the premises, a fee of seventy-five dollars
($75.00), pursuant to Section 311.200(2), RSMo.
3. For every license issued for the sale of malt liquor at retail by
drink for consumption on the premises where sold, the licensee shall
pay the City Clerk a fee of seventy-five dollars ($75.00) and may
sell malt liquor at retail between the hours of 9:00 A.M. and Midnight
on Sunday pursuant to Section 311.200(3), RSMo.
4. For every license permitting sale of malt liquor in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight or light wines containing not in excess of
fourteen percent (14%) of alcohol by weight by the drink at retail
for consumption upon the premises where sold, a fee of seventy-five
dollars ($75.00) pursuant to Section 311.200(4), RSMo.
5. For every license issued for the sale of all kinds of intoxicating
liquor, at retail by the drink for consumption on the premises of
the licensee, the licensee shall pay to the City Clerk the sum of
four hundred fifty dollars ($450.00) per year, which shall include
the sale of intoxicating liquor in the original package, pursuant
to Section 311.200(5), RSMo.
6. Resorts, seasonal resort restaurants, restaurants, sale of liquor
by the drink, resort defined — temporary license, new businesses,
pursuant to Section 311.095, RSMo., when:
a. Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the City may issue,
a license to sell intoxicating liquor, as defined in this Chapter,
by the drink at retail for consumption on the premises of any resort
as described in the application.
As used in this Section the term
"resort" means 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
(b) of this Section. 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 Subsection, 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.
b. A seasonal resort restaurant is a restaurant which is not a new restaurant
establishment and which is open for business eight (8) or fewer consecutive
months in any calendar year. Fifty percent (50%) of all gross sales
of such restaurant shall be sales of prepared meals. Any new seasonal
resort restaurant establishment having been in operation for less
than twelve (12) weeks may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises for
a period not to exceed ninety (90) days if the seasonal resort restaurant
establishment can show a projection for annualized gross sales of
which fifty percent (50%) shall be sales of prepared meals. The temporary
license fee and the annual license fee shall be prorated to reflect
the period of operation of the seasonal resort restaurant. The license
shall be valid only during the period for which application was made
and for which the fee was paid. Any seasonal resort restaurant upon
resuming business for its season of operation shall not be considered
a new establishment for purposes of issuing a temporary license. Nothing
in this Subsection shall prohibit a seasonal resort restaurant from
becoming a resort restaurant upon application, payment of fees, and
compliance with the requirements of this Chapter.
c. The times for opening and closing the establishments as fixed in
Section 311.290, RSMo., the authority for the collection of fees by
counties as provided in Section 311.220, RSMo., and for other laws
and regulations of the State relating to the sale of liquor by the
drink for consumption on the premises where sold shall apply to resorts
in the same manner as they apply to establishments licensed under
Section 311.090, RSMo.
d. Any new resort or restaurant establishment having been in operation
for less than ninety (90) days may be issued a temporary license to
sell intoxicating liquor by the drink at retail for consumption on
the premises for a period not to exceed ninety (90) days if the resort
or restaurant establishment can show a projection of an annual gross
receipts of not 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. The license fee shall be
prorated for the period of the temporary license based on the cost
of the annual license for the establishment.
e. For a license authorizing the sale of intoxicating liquor by the
drink for resorts, a fee of four hundred fifty dollars ($450.00).
7. Restaurant bar, Sunday sales, when — restaurant bar defined
— temporary license, new business, when — sports stadium,
certain Counties, special provisions, pursuant to Section 311.097,
RSMo.:
a. Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the City may issue,
a license to sell intoxicating liquor, as in this Chapter defined,
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. 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 consumed 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.
b. The authority for the collection of fees by Cities and Counties as
provided in Section 311.220, RSMo., and all other laws and regulations
of the State related to the sale of liquor by the drink for consumption
on the premises where sold, shall apply to a restaurant bar in the
same manner as they apply to establishments licensed under Sections
311.085, 311.090 and 311.095, RSMo., and in addition to all other
fees required by law, a restaurant bar shall pay an additional fee
of three hundred dollars ($300.00) per year payable at the same time
and in the same manner as its other license fees.
c. Any new restaurant bar having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the restaurant bar can show a projection of annual
business from prepared meals or food consumed on the premises of at
least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the costs of the annual license for the establishment.
8. Amusement places, Sunday sales, when, limitation — amusement
place defined — temporary license, new business, pursuant to
Section 311.098, RSMo., when:
a. Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the City may issue,
a license to sell intoxicating liquor, as defined in this Chapter,
between the hours of 9:00 A.M. and Midnight on Sunday by the drink
at retail for consumption on the premises of any amusement place as
described in the application. As used in this Section, the term "amusement place" means any establishment whose business
building contains a square footage of at least six thousand (6,000)
square feet, and where games of skill commonly known as billiards,
volleyball, indoor golf, bowling or soccer are usually played, or
has a dance floor of at least two thousand five hundred (2,500) square
feet, or any outdoor golf course with a minimum of nine (9) holes,
and which has annual gross receipts of at least one hundred thousand
dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00)
of such gross receipts is in non-alcoholic sales.
b. The authority for the collection of fees by Cities and Counties as
provided in Section 311.220, RSMo., and all other laws and regulations
of the State relating to the sale of liquor by the drink for consumption
on the premises where sold, shall apply to an amusement place in the
same manner as they apply to establishments licensed under Sections
311.085, 311.090 and 311.095, RSMo., and in addition to all other
fees required by law, an amusement place shall pay an additional fee
of two hundred dollars ($200.00) per year payable at the same time
and in the same manner as its other fees.
c. Any new amusement place having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the amusement place can show a projection of gross
receipts of at least one hundred thousand dollars ($100,000.00) of
which at least fifty thousand dollars ($50,000.00) of such gross receipts
are in non-alcoholic sales for the first (1st) year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
d. Nothing in this Section shall be construed to permit the licensee
to sell intoxicating liquor, malt liquor or beer for off-premises
consumption.
9. Any charitable, fraternal, religious, service or veterans' organization
which has obtained an exemption from the payment of Federal income
taxes as provided in Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7),
501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the United States Internal
Revenue Code of 1954, as amended, may apply for, and the Supervisor
of Liquor Control may issue, a license to sell intoxicating liquor,
as defined in this Chapter, between the hours of 9:00 A.M. and Midnight
on Sunday by the drink at retail for consumption on the premises described
in the application. The authority for the collection of fees by Cities
and Counties as provided in Section 311.220, RSMo., and all other
laws and regulations of the State relating to the sale of liquor by
the drink for consumption on the premises where sold. The fee for
an organization licensed under this Section shall be three hundred
dollars ($300.00).
10. Notwithstanding the limitations herein imposed, a permit for the sale of malt liquor or non-intoxicating beer as defined in Section
600.020 of this Chapter, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor or intoxicating beer 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 aforesaid malt liquor or intoxicating beer for more than seven (7) days by any said organization as described above in any fiscal year.
For each temporary permit issued, the licensee shall pay the
City Clerk the sum of thirty-seven dollars fifty cents ($37.50).
11. The fees required by this Section are in addition to all other taxes
required by the ordinances of this City.
12. All applications for licenses under this Chapter shall contain information
to establish that the premises to be licensed meets the requirements
of this Chapter.
13. For a permit authorizing the sale in this State by any distributor
or wholesaler, containing not in excess of twenty-two percent (22%)
of alcohol by weight to, by or through a duly licensed wholesaler
with this State other than the manufacturer or brewer thereof, of
intoxicating beer the sum of three hundred dollars ($300.00) pursuant
to Section 311.180(2), RSMo.
14. The license fee for any qualified establishment to sell intoxicating
liquor in the original package from 9:00 A.M. to Midnight on Sundays
shall be three hundred dollars ($300.00). This fee is assessed only
on qualified applicants seeking the license to sell intoxicating liquor
in the original package on Sunday pursuant to Section 311.293(1),
RSMo.
15. The license fee for any qualified establishment to sell intoxicating
liquor by the drink from 9:00 A.M. to Midnight on Sundays shall be
three hundred dollars ($300.00) which is the maximum amount allowed
by the State Statute. This fee is assessed only on qualified applicants
seeking the license to sell intoxicating liquor on Sunday pursuant
to Section 311.293(2), RSMo.
16.
It is the intent of the Board of Aldermen to charge the maximum
license fee for the sale of beverages under this Chapter therefore
if the State allows a larger fee or reduces the fee the City may charge
for a license the City desires the minimum license fee be the requirement.
17. Notwithstanding any other provisions of 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 the provisions of this Chapter, may
apply to the City 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 Clerk the sum of thirty-seven
dollars fifty cents ($37.50) per year, payable at the same time and
manner as other license fees. Nothing in this Section shall be construed
to permit the licensee to sell wine, malt beverages or distilled spirits
for on premises consumption.
[CC 1990 §600.040; CC §50.040; Ord. No. 92.030 §§1 — 2, 6-8-1992]
A. No
person shall be granted a license hereunder unless such person is
of good moral character nor shall any corporation be granted a license
unless the managing officer of such corporation is of good moral character;
and no person shall be granted a license hereunder whose license as
such dealer has been revoked, or who has been convicted, since the
ratification of the Twenty-First Amendment of the Constitution of
the United States, or a violation of the provisions of any law applicable
to the manufacture or sale of intoxicating liquor, or who employs
in his/her business as such dealer, any person whose license has been
revoked or who has been convicted of violating such laws since the
date aforesaid.
B. Application
forms for all licenses mentioned in this Chapter shall be obtained
from the City Clerk and shall be filed with the City Clerk accompanied
with a remittance made payable to the City of Desloge in the amount
of the license fee required immediately after the application as made
and provided for by this Chapter shall have been filed, the City Clerk
shall turn the same over to the Board of Aldermen, who shall proceed
as soon as possible, to investigate the qualifications of said applicant
for said license; and if after said investigations, said Board of
Aldermen shall find and determine said applicant has met all requirements
of the laws of the State of Missouri as set forth in Chapters 311
and 312, RSMo., and the ordinances of this City, said Board of Aldermen
shall so report to the City Clerk. Upon applicant's remittance, said
liquor license shall be signed by the Mayor and attested by the City
Clerk, and the City Clerk shall affix thereto the corporate Seal of
said City. Immediately upon receipt of said license and remittance,
the City Clerk shall countersign the liquor license and issue it to
the applicant.
C. Upon
disapproval of any application for a liquor license as provided in
this Chapter, the City Clerk shall so notify the applicant in writing
setting forth therein the ground and reasons for such disapproval,
and shall return therewith the applicant's remittance.
D. The
Board of Aldermen shall not approve any application for a license
to sell malt liquor, intoxicating liquor or non-intoxicating beer
by the drink at retail for consumption upon the premises where sold,
unless the Board of Aldermen shall find that the building or structure
where the business is to be operated is reasonably well ventilated
and lighted, is reasonably safe from fire, has at least two (2) points
of exit in case of fire, has doors that open outwardly, has separate
restroom facilities for male and female, has adequate cooling and
heating facilities, and if the premises where any malt liquor, intoxicating
liquor or non-intoxicating beer is to be sold by the drink at retail
consumption upon the premises is located in either a basement or the
second story of a building or structure, or above the second story,
all stairways leading to the ground level are four (4) feet wide and
all steps are constructed of non-combustible materials, and that said
premises are not dilapidated, decayed, unsafe, or unsanitary to the
point of endangering the health or safety of customers.
E. No
license or permit provided for or required under any Subsection of
this Section, shall hereafter be issued to the person, firm, association
or corporation until all the City real estate, personal property,
merchants' and manufacturers' taxes be assessed against the applicant
for such license or permit and which said taxes are due and payable
shall have first been paid.
F. Every
license issued under the provisions of this Chapter shall particularly
describe the premises and type of sale permitted, and such license
shall not be deemed to authorize or permit any other type of sale
or sale at any place other than that described therein, except a license
to sell intoxicating liquor in the original package not to be consumed
on the premises shall permit the sale of malt liquor in the original
package not to be consumed on the premises.
[CC 1990 §600.050; CC §50.050; Ord. No. 92.030 §§1 — 2, 6-8-1992]
Before any application for license shall be approved as provided
in this Chapter, the licensee shall first execute a bond, to be given
to the City, in the sum of two thousand dollars ($2,000.00), with
sufficient surety, such bond to be approved by the Board of Aldermen
of the City, conditioned that the person obtaining said license shall
keep at all times an orderly house, that he/she will not sell, give
away or otherwise dispose of, or suffer the same to be done about
his/her premises, any intoxicating liquor in any quantity to any minor,
and conditioned that he/she will not violate any of the provisions
of this law and that he/she will pay all taxes and license fees as
provided for in this Chapter, together with all fines, penalties and
all forfeitures which may be adjudged against him/her under the provisions
of this Chapter.
[CC 1990 §600.060; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 93.006 §1, 4-12-1993]
A. It
shall be unlawful for any person to sell or supply any intoxicating
liquor, malt liquor or non-intoxicating beer to any person under the
age of twenty-one (21) years or to any person who is under, or appears
to be under, the influence of alcohol or drugs.
B. Transfer Of License.
1. 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 Supervisor of Liquor Control 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.
2. Whenever one (1) or more members of a partnership withdraws from
the partnership the Supervisor of Liquor Control, 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.
C. No
license shall be granted under this Chapter for the sale of intoxicating
liquor, malt liquor or non-intoxicating beer for any premises located
within one hundred (100) feet of any school, church or other building
regularly used as a place of worship.
[CC 1990 §600.065; Ord. No. 92.030 §§1 — 2, 6-8-1992; Ord. No. 93.017 §1, 6-15-1993]
A. No person having a license under this law, nor any employee of such person, except as provided in Subsection
(B) of this Section, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his/her premises, 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. Sunday and 6:00 A.M. Monday. 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 this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. 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. Any person violating any provision of this
Section shall be deemed guilty of a class A misdemeanor. 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.
B. Any
person licensed pursuant to Section 311.200, RSMo., shall not be permitted
to sell, give away or otherwise dispose of or suffer the same to be
done upon or about his/her premises, 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. Sunday and 6:00 A.M. Monday.
C. Notwithstanding
any other provisions of 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 not
to be consumed on the premises, under this Section, may apply to the
City Clerk for a special license to sell intoxicating liquor in the
original package not to be consumed on the premises between the hours
of 1:00 P.M. and Midnight on Sundays.
[CC 1990 §600.075; Ord. No. 92.030 §§1 — 2, 6-8-1992]
It shall be the duty of the Chief of Police and City Police
Officers to diligently and impartially enforce this Chapter.
[CC 1990 §600.080; Ord. No. 92.030 §§1 — 2, 6-8-1992]
A. Whenever
it shall be shown by competent evidence, that a person licensed under
this Chapter, has not at all times kept an orderly house or place,
or has violated any of the provisions of the Missouri State Liquor
Control Law as set forth in the Missouri Revised Statutes, or the
provisions of this Chapter, the Board of Aldermen shall revoke the
license of said dealer, but the dealer must have ten (10) days notice
of the application to revoke his/her license prior to the order of
revocation being issued, with full right to have counsel and to be
advised in writing of the grounds upon which his/her license is sought
to be revoked.
B. A conviction
in any court of a violation of this Chapter shall have the effect
of automatically revoking the license of the person convicted, and
such revocation shall continue until said case is finally disposed
of, and if the defendant is finally acquitted, he/she may reapply
for and receive a license hereunder, upon paying the regular license
charge therefor, in the same manner as though he/she had never possessed
a license hereunder, however violation of Section 311.070, RSMo.,
does not apply to this Section.
[CC 1990 §600.090; Ord. No. 92.030 §§1 — 2, 6-8-1992]
Any person convicted of violating any provisions of this Chapter
shall be adjudged guilty of a misdemeanor and shall be punished by
a fine of not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00), or by imprisonment in the City Jail
not exceeding ninety (90) days, or by both such fine and imprisonment.
[CC 1990 §600.100; Ord. No. 92.030, §§1 — 2; 6-8-1992; Ord. No. 93.007 §1, 4-12-1993; Ord. No. 96.040 §1, 7-8-1996]
A. No
license for the sale of intoxicating liquor, malt liquor or non-intoxicating
beer at retail by the drink, shall hereafter be issued when the issuing
thereof will increase the number of taverns to a greater number than
one (1) tavern for every two thousand (2,000) people within this City,
as estimated by the Board of Aldermen. For the purpose of this Chapter
any major fraction of two thousand (2,000) people shall be counted
as two thousand (2,000) people. Provided, that this Section shall
not be construed so as to require the cancellation or invalidation,
or to prevent the issuing of or the regular annual renewal of any
retail liquor license now outstanding, to the holder thereof or to
any other person who shall subsequently acquire the business now operated
by the present holder of such retail liquor license.
B. No
license shall be granted to sell malt liquor by the drink or non-intoxicating
beer by the drink unless the premises to be licensed have a minimum
of two (2) exits leading directly from the bar room to the outside,
one being located at the front and the other being located at the
rear of the building. Side exits easily accessible may be installed
in place of rear exits. Such exits shall have a minimum width of thirty-six
(36) inches. All exit doors shall be arranged to swing outward and
be so constructed that they can be readily opened from the inside
with pressure, and shall never be locked or fastened when the business
is open to the public. All such exit doors shall open upon a well
lighted street, alley or private passageway having unobstructed access
to a street or another alley. Each exit door must have an electric
light above each doorway with "exit" in letters no less than six (6)
inches in height and three (3) inches in breadth, and the current
shall be on a circuit separate from general house lights.
C. No
license shall be granted to sell malt liquor by the drink or non-intoxicating
beer by the drink unless the premises licensed has separate restroom
facilities for male and female customers.
D. No
license shall be granted to sell malt liquor by the drink or non-intoxicating
by the drink if the proposed licensed premises is located in either
a basement or the second story, or above, a building or structure
unless all stairways leading to the ground level are four (4) feet
wide and all steps are constructed of non-combustible materials and
each exit required by this Chapter shall have such stairways.
[CC 1990 §600.110; Ord. No. 92.030 §§1 — 2, 6-8-1992]
Nothing in this Chapter shall be construed to require the cancellation or invalidation, or to prevent the regular annual renewal of any retail liquor license now outstanding, to the holder thereof, or to a person as specified in Section
600.100 of this Chapter, but shall prevent the issuing of any new license hereafter unless the same shall come within the foregoing provisions of this Chapter.
[CC 1990 §600.120; Ord. No. 92.030 §§1 — 2, 6-8-1992]
Any said license issued by the City not put into service within
ninety (90) days from the date of issuance of the said license is
revoked automatically.
The term "put into service" is defined herein
as: Actually opening and operating a bona fide permanent retail business,
complying with all laws and regulations. Said retail business must
actually offer for sale the intoxicating and/or non-intoxicating liquors
and beer for which the said license is issued.