[CC 1988 §4.010; Ord. No. 1510 §1(4.010), 6-22-1993]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A square block as platted in the plat of the City.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Persons selling intoxicating liquors to retailers for resale.
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, except for non-intoxicating beer
as defined herein. 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.
Includes 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 in excess
of three and two-tenths percent (3.2%) by weight and not in excess
of five percent (5%) by weight.
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 not less than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
Any package containing three (3), six (6), twelve (12) or
twenty-four (24) small standard beer bottles and any package containing
three (3), six (6) or twelve (12) large standard beer bottles, when
such bottles contain non-intoxicating beer as defined by this Chapter
or the laws of the State.
Parks or playgrounds, the title to which is in the City or
the school board of the City, school district or the Park Board of
the City.
A public schoolhouse erected and constructed at the expense
of the taxpayers of the City and used as a building wherein educational
facilities are provided and paid for by direct taxation against all
the property in such school district.
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.
[CC 1988 §4.020; Ord. No. 1510 §1(4.020), 6-22-1993]
It shall be unlawful for any person to manufacture, distill,
blend, sell or offer for sale, either at wholesale or retail, within
the City any intoxicating liquor or non-intoxicating beer without
first having obtained a license therefor from the City.
[CC 1988 §4.021; Ord. No. 1510 §1(4.021), 6-22-1993]
Before any license shall be issued pursuant to the provisions
of this Article, the applicant therefor shall apply in writing to
the Finance Department giving the location of the place of business
including the specific areas inside or outside the building to which
the license is to apply, the names of all parties interested in the
business to be operated under such license, except in the case of
a corporation when the name of the President, Secretary and Manager
only need be given.
[Ord. No. 2124 §1, 6-24-2008]
A.
Filing Of An Application. Each application for an original
or renewal 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.
B.
Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C.
Upon
approval of the application and payment of the license tax provided
in this Chapter, the Clerk shall grant the applicant a license to
conduct business in the City for a term to expire with the thirtieth
(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. The applicant shall pay as many twelfths 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).
D.
Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license, the Board shall conduct a hearing on the application for license renewal as provided in Subsection (D) of this Section.
[CC 1988 §4.040; Ord. No. 1287, 4-14-1987; Ord. No.
1510 §1(4.040), 6-22-1993]
A.
The
public policy of the City is that the holding of licenses to sell
intoxicating liquors or non-intoxicating beer is a privilege and not
a right. The provisions of this Section are designed to ensure that
liquor or non-intoxicating beer licenses are granted only to persons
of responsible and moral character.
B.
There
is hereby established for the City a Liquor Control Board which shall
be composed of the City Administrator, City Marshall and City Attorney.
No license shall be issued under this Chapter without the written
approval of a majority of the Liquor Control Board.
C.
The
duty of the Liquor Control Board shall be to determine whether or
not applications for license comply with the provisions of this Chapter.
Licenses shall only be granted to persons of good character. In determining
the good character of the applicant, the Liquor Control Board shall
apply the criteria utilized by the State of Missouri and the criteria
set out in this Chapter. The Liquor Control Board shall not be required
to hold any hearing of any kind whatsoever in determining whether
a new license shall be granted or an old license renewed but may hold
hearings if it deems such hearings in the public interest.
D.
All
applications for licenses and all petitions so filed with such applications
shall be referred to the Liquor Control Board by transmitting all
applications to the City Marshall who shall review and make recommendation
on all applications to other members of the Liquor Control Board.
The review of the applications for license shall normally be completed
and returned to the City Clerk within ten (10) working days of the
date of the application. The Liquor Control Board shall also draw
up and approve a form of application which all applicants shall use.
E.
Any
applicant aggrieved by a decision of the Liquor Control Board or any
citizen maintaining a residence, place of business or owning property
within six hundred (600) feet of the property upon which the licensed
establishment is located may file a petition with the Board of Aldermen
within ten (10) days after the action by the Liquor Control Board
appealing said action. The Board of Aldermen shall have the final
authority and may act as it deems appropriate under law.
[Ord. No. 2115 §1, 3-14-2008]
The Board shall consider the location of the proposed business
for which a license is sought with respect to its proximity to a school,
a church or other buildings regularly used as a place of religious
worship and shall have authority to refuse to issue a license when
in their judgment the issuance thereof would not be in the best interests
of the locality in which the applicant applies for a location of such
place. In no event shall the Board approve the issuance of a license
for the sale of liquor within one hundred (100) feet of any school,
church or other building regularly used as a place of worship; except
that when a school, church or place of worship shall thereafter be
established within one hundred (100) feet of any place of business
licensed to sell intoxicating liquor, renewal of the license shall
not be denied for this reason. This Subsection shall not apply to
a holder of a license issued pursuant to Sections 311.090, 311.218,
311.482, RSMo., or 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. Provided, that no license shall
be issued to any person for the sale of any intoxicating liquor by
the drink or non-intoxicating beer or in the original package in any
place of business located within one hundred (100) feet of any other
place of business having license for the sale of such intoxicating
liquor by the drink or non-intoxicating beer or in the original package,
except that licenses for places of business selling such intoxicating
liquor by the drink or non-intoxicating beer or in the original package
on the date of the passage of this Chapter may be renewed.
[CC 1988 §4.060; Ord. No. 1510 §1(4.060), 6-22-1993; Ord. No. 1555 §2(4.060(a)(9)(11), 10-25-1994]
A.
The
City of Eldon hereby specifically recognizes each type of liquor license
authorized by the Statutes of the State of Missouri with the exception
of those requiring a vote of the residents of the City and which type
will be recognized upon passage and approval by popular vote. The
fees for each type of license so authorized shall be one and one-half
(1½) times the amounts set for State licenses provided that
if a maximum fee for a City license is specified by State Statute
the City license shall not exceed that maximum. The following license
fees shall be paid annually for licenses required by this Article:
1.
For manufacturers of intoxicating malt liquor containing not more
than five percent (5%) of alcohol by weight, the fee shall be three
hundred seventy-five dollars ($375.00). Such license as is provided
for in this Subsection shall entitle the manufacturer to distribute
such malt liquor as a wholesaler but shall not include the right to
sell at retail.
2.
For distributors or wholesalers of intoxicating liquors containing
not in excess of five percent (5%) of alcohol by weight, the fee shall
be one hundred fifty dollars ($150.00).
3.
For manufacturers or distillers of intoxicating liquors containing
alcohol in excess of five percent (5%) by weight, the fee shall be
six hundred seventy-five dollars ($675.00).
4.
For distributors or wholesalers of intoxicating liquors containing
in excess of five percent (5%) of alcohol by weight, the fee shall
be seven hundred fifty dollars ($750.00).
5.
For retailers selling intoxicating liquors with an alcoholic content
of more than three and two-tenths percent (3.2%) by weight and not
more than five percent (5%) by weight in the original package for
consumption on the premises, the fee shall be seventy-five dollars
($75.00).
6.
For retailers selling intoxicating liquor with an alcoholic content
of more than three and two-tenths percent (3.2%) by weight and not
more than five percent (5%) by weight in the original package directly
to the consumer and not for consumption on the premises where sold,
the fee shall be twenty-two dollars fifty cents ($22.50). This license
shall also permit the holder thereof to sell non-intoxicating beer
in the original package directly to the consumer but not for resale.
7.
For retailers selling intoxicating liquors with an alcoholic content
of more than five percent (5%) by weight for consumption on the premises
where sold, the fee shall be four hundred fifty dollars ($450.00).
The license issued under this paragraph shall include the right of
sale in the original package; provided, that such original package
shall not be opened and the contents thereof consumed on the premises
where sold and shall include the right to sell intoxicating liquor
with an alcoholic content of five percent (5%) or less by weight by
the drink or in the original package; provided further, that the amount
of license fee to be paid by private clubs for licenses to sell intoxicating
liquor with an alcoholic content of more than five percent (5%) by
weight for consumption on the premises where sold shall be one hundred
dollars ($100.00) per year.
8.
For retailers selling intoxicating liquors containing alcohol in
excess of five percent (5%) by weight in the original package not
to be opened or consumed on the premises where sold, the fee shall
be one hundred fifty dollars ($150.00); provided, that no license
shall be issued for the sale of intoxicating liquor containing more
than five percent (5%) of alcohol by weight not to be consumed on
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 drugstore, a cigar and tobacco store, a grocery store,
a general merchandise store or a confectionery or delicatessen store.
No such license shall be issued to any 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.
9.
For retailers operating a restaurant bar on Sunday, the fee shall
be three hundred dollars ($300.00) in addition to the license fee
required elsewhere in this Section. Notwithstanding any other provision
of this Chapter to the contrary, any person who possesses the qualifications
of this Subsection may apply for a license to sell intoxicating liquors
between the hours of 11:00 A.M. and 12:00 Midnight on Sunday by the
drink at retail for consumption on the premises of any restaurant
bar as described in the application.
10.
For retailers selling 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, manufactured from pure hops or pure extract
of hops or pure barley malt or wholesale grains or cereals and wholesome
yeast and pure water or light wines containing not in excess of fourteen
percent (14%) of alcohol by weight exclusively from grapes, berries
and other fruits and vegetables or both, such malt liquor and wine
by the drink at retail for consumption on the premises the fee shall
be seventy-five dollars ($75.00).
11.
For retailers selling intoxicating liquor in the original package
at retail, as defined in Section 311.200, RSMo., between the hours
of 9:00 A.M. and Midnight on Sundays, the fee shall be three hundred
dollars ($300.00).
12.
For consumption of liquor, this license only allows any person or
entity operating any premises where food, entertainment or non-intoxicating
beverages are sold or provided for compensation to permit the drinking
or consumption of intoxicating liquor on the premises. A consumption
of liquor licensee cannot sell any intoxicating liquor, as defined
in Section 311.480, RSMo., and is responsible for ensuring that no
persons under twenty-one (21) years of age are consuming intoxicating
liquors. The fee for consumption only will be sixty dollars ($60.00).
[Ord. No. 69-2022, 12-13-2022]
[CC 1988 §4.070; Ord. No. 1510 §1(4.070), 6-22-1993]
The City Collector shall issue a receipt to any person who has
paid the license fee levied by this Chapter.
[CC 1988 §4.080; Ord. No. 1510 §1(4.080), 6-22-1993]
The City Clerk shall issue a license within the scope of this
Chapter to any person who complies with all of the requirements of
this Chapter to the satisfaction of the Liquor Control Board and who
produces a receipt form the City Collector confirming that the fees
levied by this Article have been paid.
[CC 1988 §4.090; Ord. No. 1510 §1(4.090), 6-22-1993]
In the event any license issued pursuant to this Chapter is
revoked or surrendered for cause or otherwise, the City shall not
return any part of the license fee paid for said license.
[CC 1988 §4.100; Ord. No. 1510 §1(4.100), 6-22-1993; Ord. No. 2124 §1, 6-24-2008]
Any license issued pursuant to this Chapter shall expire with
the thirtieth (30th) day of June next succeeding the date of such
license, unless revoked for cause as herein provided or surrendered.
Closing of the licensed premises or abandonment for a period of thirty
(30) consecutive days (except for suspension) shall be deemed a surrender
of the license.
[CC 1988 §4.120; Ord. No. 1510 §1(4.120), 6-22-1993]
A.
All
licenses shall be issued by the City Clerk upon the proper forms.
Each license shall state specifically whether the license is for a
distiller, brewer, wholesaler or distributor and, in the case of a
retailer's license, shall state the alcoholic content of the intoxicating
liquor to be sold under such license and whether such license is issued
authorizing the sale of intoxicating liquor or consumption on the
premises or authorizing the sale only in the original package not
for consumption on the premises or whether such license issued is
for both the sale in the original package and for consumption on the
premises where sold.
B.
Every
license issued pursuant to this Chapter shall describe the premises
at which liquor may be sold. All licenses authorizing the sale of
intoxicating beverages for consumption on the premises shall specify
whether the authority extends to the building, parking lots or other
adjacent premises.
[CC 1988 §4.130; Ord. No. 1510 §1(4.130), 6-22-1993]
Any license issued pursuant to this Chapter shall not be deemed
to authorize or permit the sale of different kinds of liquor other
than that described in said license.
[CC 1988 §4.140; Ord. No. 1510 §1(4.140), 6-22-1993]
No person, agent or employee of any person in any capacity shall
sell liquor in any other place or at any other time than that designated
in the license issued pursuant to this Chapter.
[CC 1988 §4.150; Ord. No. 1510 §1(4.150), 6-22-1993]
A.
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 City 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.
B.
Whenever
one (1) or more members of a partnership withdraws from the partnership
the City, 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.
A proper
license shall be procured for each place of business for which a State
license is required. A license may be transferred from one location
to another location; an application for the transfer shall be processed
in the same manner as an application for a new license and shall be
accompanied by a twenty-five dollar ($25.00) transfer fee.
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 twenty (120) 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 Director of Revenue the
sum of fifteen dollars ($15.00) for each calendar day, 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. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
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 or non-intoxicating
beer 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.
Notwithstanding any other provision of this Chapter, a permit for the sale of intoxicating liquor and non-intoxicating beer as defined in Section 600.010 of this Code, 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 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.
B.
To
secure the permit, the applicant shall complete a form provided by
the City, but no applicant shall be required to furnish a personal
photograph as part of the application. The applicant shall pay a fee
of thirty-seven dollars fifty cents ($37.50) for such permit.
C.
If
the event will be held on a Sunday, the permit shall authorize the
sale of intoxicating liquor and non-intoxicating beer on that day
beginning at 11:00 A.M.
D.
At
the same time that an applicant applies for a permit under the provisions
of this Section, the applicant shall notify the Director of Revenue
of the holding of the event and by such notification, by certified
mail, shall accept responsibility for the collection and payment of
any applicable sales tax. Any sales tax due shall be paid to the Director
of Revenue within fifteen (15) days after the close of the event,
and failure to do so shall result in a liability of triple the amount
of the tax due plus payment of the tax, and denial of any other permit
for a period of three (3) years. Under no circumstances shall a bond
be required from the applicant.
E.
No
provision of law shall be interpreted as preventing any wholesaler
or distributor from providing customary storage, cooling or dispensing
equipment for use by the permit holder at such picnic, bazaar, fair
or similar gathering.
A.
Other
provisions of this Chapter to the contrary notwithstanding, a permit
for the sale of wine and malt liquor containing alcohol in excess
of three and two-tenths percent (3.2%) by weight, for consumption
on the premises where sold may be issued to any church, school, civic,
service, fraternal, veteran, political, or charitable club or organization
for sale of such wine and malt liquor at any picnic, bazaar, fair,
festival or similar gathering or event held to commemorate the annual
anniversary of the signing of the Declaration of Independence of the
United States. Such permit shall be issued only during the period
from June fifteenth (15th) to July fifteenth (15th) annually and only
for the day or days named therein and it shall not authorize the sale
of wine and malt liquor except between the hours of 10:00 A.M. and
Midnight and for not more than seven (7) days by any such organization.
The permit may be issued to cover more than one (1) place of sale
within the general confines of the place where the gathering or event
is held; provided however, no permit shall be issued to any organization
which selects or restricts the membership thereof on the basis of
race, religion, color, creed, or place of national origin. For the
permit, the holder thereof shall pay to the City the sum of one hundred
fifty dollars ($150.00). No provision of law or rule or regulation
of the City shall prevent any wholesaler or distributor from providing
customary storage, cooling or dispensing equipment for use by the
holder of the permit at such gathering or event.
B.
As
used in this Section the term "wine" means a beverage
containing not in excess of fourteen percent (14%) of alcohol by weight.
[CC 1988 §4.160; Ord. No. 1510 §1(4.160), 6-22-1993]
A separate license within the purview of this Chapter shall
be required for each place of business.
[CC 1988 §4.170; Ord. No. 1510 §1(4.170), 6-22-1993]
A.
The
Liquor Control Board may, in addition to other penalties provided
by ordinance, suspend or revoke a license issued pursuant to this
Article if the licensee or his/her employees or agents shall have
been shown to be guilty of, to have violated or to be involved in
any of the following:
1.
An offense resulting in a conviction involving the use of force or
violence upon the person of another in the operation of the business
of licensee;
2.
A conviction of a crime involving a felony by licensee or any of
the officers or the managing officer of licensee;
3.
Any false, misleading or fraudulent statement of fact in the license
application for the licensee or in any other document required by
the City in conjunction therewith;
4.
Violation of any of the provisions of this Article or any of the
laws of this City;
5.
Violation of the laws of the State, the United States of America
or any rule or regulation pertaining to the sale and licensing of
intoxicating liquors;
6.
Operation of the business in such a manner that it constitutes a
nuisance to the neighborhood;
7.
Conduct by the officers, employees or managing officers of the licensee
such as public drunkenness when working or while on the premises,
indecent exposure when working or when on the premises or other conduct
which shows improper conduct by an individual who is licensed pursuant
to this Article. For purposes of this Section, the term "premises" shall include the licensed premises, the parking lots and the area
around the business which is owned, used, maintained as part of the
business;
8.
Lack of proper control of customers. The licensee shall use good
judgment in the sale of intoxicating beverages and shall not sell
same to persons obviously intoxicated. If any customer becomes unruly
or abusive, it shall be the duty of the licensee to call and fully
cooperate with Police or other law enforcement authority. The licensee
shall take appropriate and necessary steps to supervise the premises
immediately outside the liquor establishment, shall keep said premises
free from litter and shall not allow the premises to become a gathering
location for the liquor establishment's customers;
9.
The operation or possession of any gambling device in or about the
premises where intoxicating liquor is sold, either in the original
package or for consumption on the premises where sold.
B.
The
Liquor Control Board shall notify the licensee in writing of any intended
action and the reasons therefor and of the right to request a hearing
in regard thereto. The action indicated in the written notice shall
be final unless the licensee shall file a written request for hearing
with the City Clerk within ten (10) days of the notice. If a request
for hearing is received, the Board shall proceed in accordance with
this Chapter.
[CC 1988 §4.171; Ord. No. 1510 §1(4.171), 6-22-1993]
Whenever the City has revoked a business license, it shall be
necessary, before any license is issued to operate a liquor establishment
at the same location, that the procedures for issuance of a license
be followed as set forth in this Code.
[CC 1988 §4.172; Ord. No. 1510 §1(4.172), 6-22-1993]
A.
Any
person who is licensed pursuant to this Article and who has received
a notice of intent to suspend or revoke said license may request a
hearing before the Board. Requests for such hearings shall be filed
with the City Clerk within ten (10) days after notice is given or
the intention to suspend or revoke. Upon receipt of a timely written
request for hearing, the Board or a hearing examiner designated by
the Board shall call a hearing and shall set forth in writing and
send to the applicant or licensee or permittee, by means of registered
mail, certified mail or hand delivery, notice that within a period
of not less than five (5) days nor more than fourteen (14) days from
the date of the posting of said notice, a hearing shall be conducted
to determine the existence of any facts which constitute grounds for
the suspension or revocation of a license or permit. The notification
shall include the date, time and place of the hearing.
B.
The
Board is hereby authorized to appoint a hearing examiner who shall
have authority to conduct the hearing as set forth herein. At least
two (2) members of the Board shall be in attendance. The applicant
or licensee may have the assistance of counsel or may appear by counsel
and shall have the right to present evidence. In the event that the
applicant or licensee fails to appear at the hearing, the evidence
of the existence of facts which constitute grounds for the denial,
suspension or revocation of the license or permit shall be considered
unrebutted. The hearing need not be conducted according to the rules
of evidence. Any relevant evidence may be admitted and considered
by the Board if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs. Objections
to evidence shall be noted and a ruling given by the hearing examiner.
A copy of the decision of the hearing examiner specifying findings
of fact and the reasons for the decision shall be furnished to the
applicant or licensee. For purposes of appeal, the decision of the
hearing examiner, if ratified by the Board, shall be final.
C.
Upon
a final decision being rendered, the parties shall be informed of
the right to appeal under the provisions of the Administrative Procedure
Act. Any decision not appealed within thirty (30) days from the date
of the decision is final.
[CC 1988 §4.180; Ord. No. 1287, 4-14-1987; Ord. No.
1510 §1(4.180), 6-22-1993]
Upon conviction of any provision of this Chapter, it shall be
the duty of the Municipal Judge to certify said conviction to the
Liquor Control Board.
[CC 1988 §4.190; Ord. No. 1510 §1(4.190), 6-22-1993; Ord. No. 1555 §3(4.190(b,e)), 10-25-1994; Ord. No. 1909 §1(4.190(c)), 8-26-2003]
A.
No
person having a license under this Article or any employee of such
person 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 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 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.
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.
When
December thirty-first (31st) (New Year's Eve), January first (1st)
(New Year's Day), March seventeenth (17th) (St. Patrick's Day) or
July fourth (4th) (Independence Day) fall on 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 after 11:00 A.M. and until the time
which would be lawful on another day of the week, notwithstanding
any provisions of this Chapter or any other provision of law to the
contrary.
C.
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 Board of Liquor Control may
issue a special license to sell intoxicating liquor in the original
package at retail, as defined in Section 311.293, RSMo., between the
hours of 9:00 A.M. and Midnight on Sundays.
D.
Notwithstanding
any other provisions of this Chapter to the contrary, 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)(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 may be issued a license to sell
intoxicating liquor between the hours of 12:00 Noon on Sunday and
Midnight on Sunday by the drink at retail for consumption on the premises
described in the application. All provisions of this Chapter shall
apply to organizations licensed under this Subsection. In addition
to all other fees required by law of this Code, an organization licensed
under this Section shall pay an additional fee of three hundred dollars
($300.00) a year payable at the same time and in the same manner as
its other license fees.
E.
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 Board of Liquor Control may
issue a special license to sell intoxicating liquor in the original
package at retail, as defined in Section 311.293, RSMo., between the
hours of 9:00 A.M. and Midnight on Sundays.
[CC 1988 §4.200; Ord. No. 1510 §1(4.200), 6-22-1993]
It shall be unlawful for the holder of any license authorized
by this Article for the sale of any intoxicating liquor at retail
by the drink for consumption on the premises where sold to keep or
secrete or to allow any other person to keep or secrete in or upon
the premises described in such license any intoxicating liquor other
than the kind of liquor expressly authorized to be sold by such license.
Any licensee under this Chapter, or his/her employee, who shall
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his/her parent or guardian who shall procure for, sell, give
away or otherwise supply intoxicating liquor to any person under the
age of twenty-one (21) years, or to any intoxicated person or any
person appearing to be in a state of intoxication, or to a habitual
drunkard, shall be deemed guilty of a misdemeanor, except that this
Section shall not apply to the supplying of intoxicating liquor to
a person under the age of twenty-one (21) years for medical purposes
only, or to the administering of such intoxicating liquor to any person
by a duly licensed physician. 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 when serving in
the capacity as an employee of a licensed establishment.
A.
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 or non-intoxicating beer.
B.
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 or non-intoxicating
beer. Delivery of intoxicating liquor or non-intoxicating beer away
from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years. Any licensee who employs any
person under the age of twenty-one (21) years, as authorized by this
Subsection, shall, when at least fifty percent (50%) of the licensee's
gross sales does not consist of non-alcoholic sales, have an employee
twenty-one (21) years of age or older on the licensed premises during
all hours of operation.
C.
In
any distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail. Any
wholesaler licensed pursuant to this Chapter may employ persons of
at least eighteen (18) years of age to rotate, stock and arrange displays
at retail establishments licensed to sell intoxicating liquor or non-intoxicating
beer.
D.
Persons
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor or non-intoxicating beer 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 or non-intoxicating
beer.
[Ord. No. 2094 §1, 8-28-2007]
A.
Any
person under the age of twenty-one (21) years, who purchases or attempts
to purchase, or has in his/her possession, any intoxicating liquor
as defined in Section 311.020, RSMo., or who is visibly intoxicated
as defined in Section 577.001, RSMo., or has a detectable blood alcohol
content of more than two-hundredths of one percent (.02%) or more
by weight of alcohol in such person's blood is guilty of a misdemeanor.
For purposes of prosecution under this Section or any other provision
of this Chapter involving an alleged illegal sale or transfer of intoxicating
liquor to a person under twenty-one (21) years of age, a manufacturer-sealed
container describing that there is intoxicating liquor therein need
not be opened or the contents therein tested to verify that there
is intoxicating liquor in such container. The alleged violator may
allege that there was not intoxicating liquor in such container, but
the burden of proof of such allegation is on such person, as it shall
be presumed that such a sealed container describing that there is
intoxicating liquor therein contains intoxicating liquor.
B.
For
purposes of determining violations of any provision of this Chapter,
or of any rule or regulation of the Supervisor of Alcohol and Tobacco
Control, a manufacturer-sealed container describing that there is
intoxicating liquor therein need not be opened or the contents therein
tested to verify that there is intoxicating liquor in such container.
The alleged violator may allege that there was not intoxicating liquor
in such container, but the burden of proof of such allegation is on
such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
[CC 1988 §4.260; Ord. No. 1510 §1(4.260), 6-22-1993; Ord. No. 1743 §1(4.260(b)), 3-9-1999]
A.
Transporting An Open Container. A person commits the offense
of transporting an open container if an open container of non-intoxicating
beer, malt liquor or intoxicating liquor is found within a vehicle,
as that term is defined by the laws of the State of Missouri and court
decisions relating thereto, which that person has under his/her control
or in which that person is a passenger.
B.
Possession Of Open Container. A person commits the offense
of possession of an open container if an open container of non-intoxicating
beer, malt liquor or intoxicating liquor is in his/her possession
in or upon the streets, alleys, sidewalks, commons or any other public
property, including schools, churches and municipal properties, within
the City of Eldon or shall be in public view on property which is
ordinarily open to the public, excepting those business establishments
which are licensed by the City of Eldon or State of Missouri for the
sale and/or consumption of non-intoxicating beer, intoxicating liquor
or malt liquor upon those premises.
[CC 1988 §4.270; Ord. No. 1510 §1(4.270), 6-22-1993]
It shall be unlawful for any person to own, operate, lease,
occupy or control any building, car shed, room, basement, structure,
tent or booth and knowingly permit intoxicating liquor or non-intoxicating
beer or malt liquor to be unlawfully manufactured, sold, stored, kept
or consumed therein or thereon.
[CC 1988 §4.280; Ord. No. 1510 §1(4.280), 6-22-1993]
Any druggist may have in his/her possession intoxicating liquor
or non-intoxicating beer purchased from a person holding a license
issued pursuant to this Chapter or lawfully acquired at the place
of acquisition and legally transported into this State and lawfully
inspected, gauged and labeled as provided for in the "Liquor Control
Act" of the State, to be used in compounding medicines or as a solvent
or preservant in his/her business; provided however, that nothing
in this Chapter shall prevent a regularly licensed druggist, after
he/she procures a license in compliance with this Article, from selling
intoxicating liquor or non-intoxicating beer in the original packages
but not to be drunk or the packages opened on the premises where sold;
provided further, that nothing in this Article shall be construed
as limiting the right of a physician to prescribe intoxicating liquor
or non-intoxicating beer in accordance with his/her professional judgment
for any patient at any time or prevent a druggist from selling intoxicating
liquor or non-intoxicating beer to a person on prescription from a
regularly licensed physician; provided further, that if any druggist
operates solely on prescriptions under a Federal permit, he/she shall
file monthly with the City Clerk a sworn record of each prescription
filled; provided further, that the refilling of any prescription is
hereby declared unlawful.
