Cross Reference — Operating motor vehicle under influence of alcohol or drugs, § 15-2.
State Law Reference — Liquor control
law, RSMo. Ch. 311; Municipal authority to require liquor licenses,
RSMo. § 311.220.
[Ord. of 11-4-1963, § 10; Ord.
No. 2014-18 § 1, 7-8-2014]
The term "intoxicating liquor," as used in this Chapter, shall
mean and include alcohol used 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 used for beverage purposes, containing in excess of one-half
of one percent (1/2 of 1%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (1/2 of 1%) by volume
shall be exempt from the provisions of this Chapter.
[1]
State Law Reference — Intoxicating liquor
defined, RSMo. § 311.020.
[Ord. of 11-4-1963, § 6]
No person licensed under the provisions of this Chapter shall
sell, give away or otherwise dispose of, or suffer the same to be
done, upon or about his premises, any intoxicating liquor in any quantity
between the hours of 1:30 A.M. and 6:00 A.M.
[1]
State Law Reference — For similar provisions,
see RSMo. § 311.290.
[Ord. of 11-4-1963, § 7; Ord.
No. 93-09 § 1, 6-22-1993; Ord. No. 94-29 § I, 1-24-1995; Ord.
No. 2003-26 § 1, 11-4-2003]
Notwithstanding the provisions of any other ordinance, any person
possessing the qualifications and meeting the requirements for the
issuance of a liquor license, who is licensed to sell intoxicating
liquor in the original package at retail under Section 311.200, RSMo.,
and the ordinances of the City, may apply for a special license to
sell intoxicating liquor in the original package at retail, between
the hours of 9:00 A.M. and 12:00 Midnight on Sundays.
[1]
State Law Reference — For similar provisions,
see RSMo. § 311.290.
[Ord. of 11-4-1963, § 9]
No person shall sell or supply intoxicating liquor or permit
the same to be sold or supplied to an habitual drunkard or to any
person who is under or apparently under the influence of intoxicating
liquor.
[Ord. of 11-4-1963, § 9]
A.
Intoxicating
liquor shall not be given, sold or otherwise supplied to any person
under the age of twenty-one (21) years.
B.
The
provisions of Subsection (A) shall not apply to the supplying of intoxicating
liquor to a person under the age of twenty-one (21) years for medicinal
purposes only, or by the parent or guardian of such person or to the
administering of said intoxicating liquor to said person by a physician.
[1]
State Law Reference — See RSMo. § 311.310.
[Ord. of 11-4-1963, § 9]
Except as otherwise provided by State law, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor.
[Ord. of 11-4-1963, § 8]
No person shall sell intoxicating liquor in any other place
than that designated in a license issued pursuant to this Chapter,
or at any time not authorized by this Chapter or in any manner other
than as authorized by this Chapter.
It shall be unlawful for any person to consume intoxicating
liquor in any public place. For the purposes of this Section, the
term, "public place" shall include, but not be limited
to, any common carrier, building, street, park or place of public
resort, recreation or amusement other than privately owned and operated
business establishments.
[Ord. of 11-4-1963, § 12]
Any person convicted of violating any of the provisions of this Chapter shall be adjudged guilty of a misdemeanor, and in addition to the penalty provided for in Section 1-8, if such person is a licensed dealer in intoxicating liquor in the City, his license shall be revoked.
[Ord. No. 96-18 §§ 1 — 2, 8-13-1996]
A.
Notwithstanding any other provision of this Chapter to the contrary,
any person processing the qualifications and meeting the requirements
for the issuance of a liquor license, who is licensed to sell intoxicating
liquor in the original package at retail under Section 311.200, RSMo.,
and the ordinances of the City, may apply for a special permit to
conduct wine, malt beverage and distilled spirit tasting on the licensed
premises between the hours of 6:00 A.M. and 1:30 A.M.
B.
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. 83-05, § 2, 3-8-1983]
It shall be unlawful for any person, firm, partnership, business
entity or corporation to manufacture, brew, sell, possess or transport
within the City, or to offer for sale, any intoxicating liquor as
defined by State law and the Statutes of the State of Missouri, without
first obtaining a license therefore.
[Ord. No. 77-5, § 2, 4-12-1977; Ord. No. 93-09 § 2, 6-22-1993; Ord.
No. 96-19 § 1, 8-13-1996; Ord. No. 2007-26 § 1, 7-10-2007]
The fee for a license required by this Article shall be in accordance
with the following:
1.
For the sale of intoxicating liquor by a wholesale dealer of three
and two-tenths percent (3.2%), the fee shall be fifty dollars ($50.00),
a wholesale dealer of five percent (5%), the fee shall be one hundred
dollars ($100.00) and wholesale dealer of twenty-two percent (22%),
the fee shall be two hundred dollars ($200.00) per year.
2.
For the sale at retail of intoxicating liquor as defined by State
law for consumption on the premises of the licensee, the fee shall
be three hundred dollars ($300.00) per year, the retail sale of intoxicating
liquor of five percent (5%) beer for consumption on the premises,
the fee shall be fifty dollars ($50.00) per year (no Sunday required),
the retail sale of intoxicating liquor on Sundays for consumption
on the premises, the fee shall be two hundred dollars ($200.00) per
year.
3.
For the sale at retail of intoxicating liquor as defined by State
law and in the original package, not to be consumed on the premises
where sold Monday through Saturday, the fee shall be one hundred dollars
($100.00), the retail of intoxicating liquor in the original package
three and two-tenths percent (3.2%) beer, not to be consumed on the
premises, the fee shall be twenty-five dollars ($25.00), the retail
sale of intoxicating liquor in the original package five percent (5%)
beer (not Sunday required), not consumed on the premises, the fee
shall be fifty dollars ($50.00), the retail sale of intoxicating liquor
in the original package on Sundays, not consumed on the premises,
the fee shall be two hundred dollars ($200.00). For retailers selling
intoxicating liquor in the original package at retail as defined in
Section 311.200, RSMo., retailer shall sell between the hours of 9:00
A.M. and 12:00 Midnight on Sundays.
4.
To conduct wine, malt beverage and distilled spirit tastings on the
licensed premises by a retail dealer, the fee shall be twenty-five
dollars ($25.00), which shall be paid in addition to any other license
fees.
5.
Any type of liquor license that may be required that is not specifically
stated above shall comply with RSMo., Chapter 311 "Liquor Control
Law" regarding fees.
[Ord. of 11-4-1963, § 4]
The license fee provided for under this Article, may be paid
in semi-annual payments on January first (1st) and July first (1st)
of each year.
[Ord. No. 83-05, § 3, 3-8-1983; Ord. No. 96-17 § I, 7-27-1996]
A.
No person shall be granted a license to sell intoxicating liquor
under this provisions of the Article unless such person is of good
moral character, nor shall any corporation be granted such license
unless the managing officer of such corporation be of good moral character,
and the corporation must have a principal place of business within
the City of Lexington, Missouri.
B.
Any application by a corporation must specify at least one (1) individual
responsible party who qualifies under the individual qualifications
listed above and such individual shall be required to execute a surety
contract and any and all documents jointly with, for and on behalf
of said corporation in order to show his full and complete responsibility
for all of the laws of the State of Missouri and the City of Lexington
with regard to the maintaining of said license.
C.
No person shall be granted a license or permit 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 a violation of any of the provisions of any law applicable to the
manufacture or sale of intoxicating liquor, or who employs in his
business as such dealer, any person whose license has been revoked
or has been convicted of violating such law since the date aforesaid.
Before any license or permit is issued or granted under the provisions
of this Article for the sale or delivery of any beer or alcohol or
liquor, other than a manufacturer's license or permit, the applicant
for such license and permit shall take and subscribe to an oath that
he will not allow any intoxicating liquor of any kind or character,
including beer, but not limited thereto, having an alcoholic content
in excess of fourteen percent (14%) by weight, to be kept, stored
or secreted in or upon the premises described in such permit, and
that such applicant will not otherwise violate any law of this State
or this Code, or any other ordinance of this City, or knowingly allow
any other person within his employ, purview, management or control
to violate such laws while in or upon such premises.
D.
This Section anticipates and authorizes only individual persons or
corporations with individual sureties, guarantors, and signatories
to so apply for these licenses.
[Ord. of 11-4-1963, § 11]
Each license issued under the provisions of this Article shall
particularly describe the premises at which intoxicating liquor may
be sold thereunder, and said license shall not be deemed to authorize
or permit the sale of intoxicating liquor at any place other than
that described therein.
