[Ord. No. 683 §1, 1-19-1994; Ord. No. 707 §1, 1-27-1997]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
INTOXICATING LIQUOR
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 (.5%) by volume except for non-intoxicating beer as hereinafter defined.
LIQUOR
Intoxicating liquor or non-intoxicating beer as hereinabove and hereinafter described and defined.
NON-INTOXICATING BEER
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
Includes any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal court.
PREMISES
The entire building in which a licensee under this Chapter has his/her place of business, and any additional building used in connection therewith, and the entire lot or parcel of land on which the building is situated, or which are used in connection with the building;
SALE BY DRINK
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. 735 §1, 11-22-1999]
No person having a license under this Chapter, nor any employee of such person, except as provided in this Chapter, 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 Chapter 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 an offense. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any hours or on any of the days specified in this Section by a wholesaler licensed under the provision of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.
[Ord. No. 735 §§2 — 7, 11-22-1999]
A. 
Any person licensed pursuant to this Chapter 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.
B. 
During any calendar month, average daily sales of food and merchandise other than intoxicating liquors which is less than twenty percent (20%) of the average daily sales of intoxicating liquors during such month shall not be considered a substantial quantity of food and merchandise other than intoxicating liquors for the purposes of this Section. The average daily sales of food and merchandise other than intoxicating liquors may be audited periodically by the City when the City has reason to believe that a substantial quantity of food and merchandise other than intoxicating liquor is not being dispensed. Any person licensed pursuant to this Chapter and Chapter 605 of this Code shall, when requested by the City, provide a sworn affidavit, together with supporting documentation, stating that they have dispensed a substantial quantity of food and merchandise other than intoxicating liquor during the month for which the audit is performed. The premises of any person licensed pursuant to this Chapter and Chapter 605 who fails to promptly provide the requested affidavit and supporting documentation hereunder, or who fails to have dispensed a substantial quantity of food and merchandise other than intoxicating liquors for any month, shall be and remain a closed place as defined in this Chapter 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 until such time as such licensee provides such affidavit or provides evidence that he/she has dispensed a substantial quantity of food or merchandise other than intoxicating liquors.
C. 
Any restaurant licensed under Chapter 605 and this Chapter of the Code that does dispense substantial quantities of food and merchandise other than intoxicating liquors shall not permit any person to consume intoxicating liquors upon or about their premises, or permit any intoxicated person to remain on or about their premises, 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.
D. 
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of liquor in, on or about the premises between 10:00 P.M. and 6:00 A.M. the following day without having a license issued by the State of Missouri pursuant to Section 311.480, RSMo. Any establishment having such license shall be regulated by the State of Missouri.
E. 
Any person violating any provision of this Section or Section 600.020 shall, upon conviction, be deemed guilty of an offense and fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) and in addition thereto the court may impose a term of imprisonment not to exceed thirty (30) days or both such fine and imprisonment and this penalty shall be in addition to all of the rules, regulations, relief, remedies and penalties available to the City. Upon the final conviction of any licensee, such conviction shall automatically operate to revoke any license issued by the City of Hayti, Missouri, to the persons so convicted and/or relative to the property whereupon the offense occurred. The term "convicted", as used herein, shall mean conviction upon final determination of any prosecution of any violation of this Section or Section 600.020. No person having been convicted of a violation of any of the provisions hereof shall be issued a license or renewal thereof for a period of one (1) year from the date of such conviction. Upon conviction of any person for the violation of the provisions of this Section or Section 600.020, it shall be the duty of the court to certify such conviction to the Board of Aldermen.
F. 
For the purposes of this Section, the phrase "upon or about the premises" shall mean the licensed premises and any parking areas utilized by patrons of such premises adjacent thereto.
[CC 1987 §900.060; Ord. No. 424, 7-15-1963]
No license shall be granted for the sale of intoxicating liquor, 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 Directors of the school or the consent in writing of the majority of the managing board of the church or place of worship; 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 lack of consent in writing as herein provided.
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 or non-intoxicating beer as defined in Section 600.010 is in violation of this Section. For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor or non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is intoxicating liquor or non-intoxicating beer in such container. The alleged violator may allege that there was no intoxicating liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.
[Ord. No. 769 §1, 8-11-2003]
A. 
Except as provided herein, no person operating an establishment whose predominant business is the sale of intoxicating liquor and/or non-intoxicating beer by the drink for consumption on the premises shall allow persons under age twenty-one (21) to enter the establishment.
B. 
Except as provided herein, no person under the age of twenty-one (21) shall enter an establishment whose predominant business is the sale of intoxicating liquor and/or non-intoxicating beer by the drink for consumption on the premises.
C. 
It shall not violate this Section for a person under the age of twenty-one (21) to enter or be allowed to enter any business licensed in accordance with this Chapter where at least fifty percent (50%) of the gross sales made by such establishment consist of goods, merchandise or commodities other than intoxicating liquor or non-intoxicating beer.
D. 
It shall not violate this Section for a person under the age of twenty-one (21) to enter or be allowed to enter a private membership club where such person under the age of twenty-one (21) is accompanied by an adult family member or adult guardian.
E. 
It shall not violate this Section for a person under the age of twenty-one (21) to enter or be allowed to enter any business whose predominant business is the sale of intoxicating liquor and/or non-intoxicating beer by the drink for consumption on the premises if such person is an on-duty bona fide employee of such business and then only as permitted by State law.
F. 
If an establishment otherwise exempt pursuant to Subsection (C) above is physically separated by walls, partitions or otherwise, a portion of such establishment in which the predominant business is the sale of intoxicating liquor or non-intoxicating beer by the drink for consumption on the premises, it shall violate this Section for a person under the age of twenty-one (21) to enter or be allowed to enter such portion of the premises.
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.
[Ord. No. 683 §2, 1-19-1994]
It shall be unlawful for any person to sell intoxicating liquor by the drink at retail for consumption on the premises without having first obtained from the City a license to so do.
[Ord. No. 683 §3, 1-19-1994]
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of liquor by the drink at retail for consumption on the premises, to permit the drinking or consumption of intoxicating liquor in, on or about the premises without having first obtained from the City a license to so do.
[Ord. No. 2004-5 §1, 6-28-2004]
A. 
No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Hayti 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 or non-intoxicating beer:
1. 
Package liquor — malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold.
2. 
Package liquor — non-intoxicating beer: Sales of non-intoxicating beer at retail in the original package not for consumption on the premises where sold.
3. 
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 Subsections (B)(1) and (2) of this Section.
4. 
Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (5) of this Section.
5. 
Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.
6. 
Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(3) of this Section.
7. 
Common eating and drinking areas: Sales of intoxicating liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
C. 
Sunday Sales. Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 9:00 A.M. and Midnight:
1. 
Package liquor — all kinds: Sales of liquor of all kinds in the original package at retail not for consumption on the premises where sold.
2. 
Liquor by the drink — restaurant bar: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any restaurant bar.
3. 
Liquor by the drink — amusement place: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any amusement place.
4. 
Liquor by the drink — common eating and drinking area: Sales of liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
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 311.482, RSMo., 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)(3) 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.
[Ord. No. 683 §5, 1-19-1994]
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, 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 a taxpaying citizen; and 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 Twenty-First Amendment to the Constitution of the United States, of the 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 law since the date aforesaid. Further, the application for such license and/or renewal thereof shall be accompanied by a tax clearance letter issued by the Missouri Department of Revenue showing the existence of an appropriate sales tax number and that no sales taxes are past due and owing.
[CC 1987 §900.010; Ord. No. 612 §§1 — 2, 6-5-1984]
A. 
All individuals, partnerships or corporations, prior to being issued a liquor license and/or renewal of a liquor license, shall provide the City of Hayti, Missouri, a tax clearance letter issued by the Department of Revenue of the State of Missouri and said tax clearance letter shall show no sales taxes are past due and owing.
B. 
No individuals, partnerships or corporations shall be issued a liquor license nor shall any be renewed without first complying with the provisions of Subsection (A).
A. 
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Malt liquor — original package: $22.50.
b. 
Non-intoxicating beer — original package: $22.50.
c. 
Intoxicating liquor (all kinds) — original package: $150.00.
d. 
Malt liquor and light wines — by drink: $52.50.
e. 
Non-intoxicating beer — by drink: $37.50.
f. 
Intoxicating liquor (all kinds) — by drink: $450.00.
g. 
Common eating and drinking places: $450.00.
2. 
Sunday sales. (Additional fees.)
a. 
Intoxicating liquor — original package: $300.00.
b. 
Restaurant bars: $300.00.
c. 
Amusement places: $300.00.
d. 
Common eating and drinking places: $300.00.
e. 
Liquor by the drink — charitable organizations: $300.00.
3. 
Permits.
a. 
Temporary permit — by the drink for certain organizations (7 days max.): $37.50.
b. 
Tasting permit: $37.50.
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
[Ord. No. 683 §7, 1-19-1994]
Any license issued under this Chapter may be revoked by the Board of Aldermen after notice and opportunity to be heard when, in the opinion of the Board Aldermen, such licensee is not of good moral character, has violated any provision of this Chapter or any provision of any Chapter of the City Code of the City of Hayti, Missouri, or any Statute of the State of Missouri pertaining to the sale of intoxicating liquor or non-intoxicating beer and/or when the premises of said licensee is found to be disorderly or operated in such a manner as to constitute a nuisance. If it is shown upon hearing before the Board of Aldermen that any licensee under this Article has not, at all times, kept an orderly place or house, or has violated any of the provisions of this Chapter, then the Board may revoke the license of any such licensee. The Board of Aldermen shall first, upon motion of the Board, direct a notice, at least ten (10) days prior thereto, of the date, time and place of such hearing, setting forth the grounds upon which such license is sought to be revoked and commanding the licensee to appear and show cause why such license should not be revoked. Such notice shall be served by the Marshal upon the licensee, or upon an officer of the licensee if a corporation, or upon any employee of the licensee at the time of service in charge of the place of business licensed. The licensee shall have the right to have counsel and to produce witnesses in his/her own behalf in such hearing. Such hearing shall be conducted as other Board proceedings are conducted. No license shall be revoked except upon vote therefor by a majority of all the members elected to the Board, the Mayor having no vote except in case of a tie vote by all members elected to the Board.
[Ord. No. 683 §8, 1-19-1994]
The Mayor, Marshal or their assistants, deputies, special agents, agents and inspectors shall have the authority to inspect all premises covered by license issued under this Article to see that provisions of this Article are being obeyed.
[Ord. No. 683 §9, 1-19-1994]
Any person who violates any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment together with recoverable costs of any proceeding hereon and together with judgment of imprisonment until the fine and costs are satisfied; each day any violation continues shall constitute a separate offense.