[Ord. No. 360 §§1 —
2, 8-20-1979; Ord. No.
598-93 §1, 3-1-1993; Ord. No. 1142-2010 §§1 — 2, 7, 6-21-2010]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Alcohol for beverage purposes including intoxicating liquor
and malt liquor.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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. All beverages having an alcoholic
content of less than one-half of one percent (.5%) by volume shall
be exempt from the provisions of this Chapter.
The holder of all licenses issued under the provisions of
this Chapter.
Any beverage manufactured from pure hops or barley malt or
wholesale grains or cereals and wholesome yeast and pure water, containing
alcohol in excess of three and two-tenths percent (3.2%) by weight
and not in excess of five percent (5%) by weight.
The person who is in active management and control or who
may be designated by the corporation as the managing officer.
At least one (1) container of not less than eight (8) ounces
of any intoxicating liquor or three (3) or more standard bottles,
cans or containers of malt liquor.
An individual, partnership, club or association, firm or
corporation unless the context requires a contrary interpretation.
The bounds of the enclosure where alcoholic beverages are
sold or consumed.
[Ord. No. 360 §3, 8-20-1979; Ord. No. 618-93 §1, 8-30-1993; Ord. No. 1142-2010 §7, 6-21-2010]
A.
The
drinking, consumption, sale, giving away or otherwise disposing of
or suffering the same to be done on a licensed premises of intoxicating
liquor and malt liquor shall not be permitted in, upon or about a
licensed premises by any person between the hours of 1:30 A.M. and
6.00 A.M. on any weekday and between the hours of 1:30 A.M. Sunday
and 6:00 A.M. Monday.
B.
The
above restrictions are all subject to the following exceptions:
1.
(Reserved)
2.
Intoxicating liquor and malt liquor may be sold for consumption on
the premises of a resort from 11:00 A.M. until Midnight on Sundays
if such resort is licensed therefor.
3.
Intoxicating liquor in the original package at retail may be sold
between 11:00 A.M. and 12:00 P.M. Midnight on Sundays if a special
license is obtained therefore.
C.
Any
premises where intoxicating liquor or malt liquor is consumed in violation
of the provisions of this Section is hereby declared to be a public
and common nuisance. Any person violating any provision of this Section
shall be deemed guilty of an ordinance violation.
When January first (1st), March seventeenth (17th), July fourth
(4th), or December thirty-first (31st) falls on Sunday, and on the
Sundays prior to Memorial Day and Labor Day and on the Sunday on which
the national championship game of the national football league is
played, commonly known as "Super Bowl Sunday", any person having a
license to sell intoxicating liquor by the drink may be open for business
and sell intoxicating liquor by the drink under the provisions of
his/her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of Section 311.290, RSMo., or any other provision of law to the contrary.
[Ord. No. 360 §6, 8-20-1979]
All persons holding licenses under this Chapter shall at all
times keep the premises covered by their licenses clean and sanitary
in accordance with the applicable rules and regulations of the Clay
County Health Department.
[Ord. No. 360 §7, 8-20-1979]
No licensee hereunder shall allow in or upon the licensed premises
any improper disturbances, lewdness, immoral activity, brawls or any
indecent, profane or obscene language, songs, entertainment, literature
or advertising material; nor shall any licensee cause to have printed
or distributed any lewd, immoral, indecent or obscene literature or
advertising material; nor shall any licensee permit or allow bartender,
barmaid, waitress, hostess or servant to appear on the licensed premises
in a condition wherein either the breasts or the pelvic area or the
buttocks are not covered with opaque clothing; nor shall any licensee
permit or allow any employee or any entertainer employed by such licensee
or any patron to perform a dance of any kind whatsoever upon the bar
or any other place used for serving food or beverages or in any place
within the licensed premises open to public view from the sidewalk
or streets; nor shall any licensee permit or allow either any exotic
dance or striptease dance to be performed.
[Ord. No. 360 §8, 8-20-1979]
Licensees are at all times responsible for the conduct of their
business and are at all times directly responsible for any act or
conduct of any employee on the premises which is in violation of this
Chapter or State law.
[Ord. No. 360 §9, 8-20-1979; Ord. No. 382 §1, 11-16-1981]
No license of any kind or character shall be issued at any location
when said location is within one hundred (100) feet of a school, church
or any other place regularly used for religious worship unless such
applicant shall present with his/her application to the Board of Aldermen
the written consent, verified before a notary public, of the majority
of the Board of Directors of such school or church consenting to the
location of the applicant's place of business.
[Ord. No. 360 §10, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010]
A.
In
no event shall intoxicating liquor sold in the original package be
opened or consumed on the premises where purchased.
B.
In
no event shall malt liquor sold in the original package be opened
or consumed on the premises where purchased when by license the premise
is classified as package liquor only.
[Ord. No. 360 §11, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010]
No person selling intoxicating liquor or malt liquor shall permit
or allow on his/her premises any intoxicating liquor or malt liquor
in any amount except that type in which he/she is permitted to deal.
The presence of any unpermitted alcoholic beverages will be prima
facie evidence of the illegal sale of the same.
[Ord. No. 792-99 §§1 —
3, 5-17-1999; Ord. No.
1029-2005, 10-3-2005; Ord. No. 1142-2010 §7, 6-21-2010]
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 an ordinance
violation.
B.
For
purposes of prosecution under this Section or any other provision
of this Section 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.
C.
Any
person violating the provisions of this Section shall upon conviction
be subject to a fine of not less than two hundred fifty dollars ($250.00)
or by imprisonment for not more than thirty (30) days or by both fine
and imprisonment, provided that each violation shall constitute a
separate ordinance violation.
[Ord. No. 360 §13, 8-20-1979; Ord. No. 531-90 §3, 10-1-1990; Ord. No. 1142-2010 §7, 6-21-2010]
A.
It
shall be unlawful for any person to purchase or in any way procure
intoxicating liquor or malt liquor for any person under the age of
twenty-one (21) years.
B.
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 shall be deemed guilty
of an ordinance violation; provided however, that this Section shall
not apply to the supplying of intoxicating liquor to a person under
the age of twenty-one (21) for medical purposes only or to the administering
of said intoxicating liquor to any person by a duly licensed physician.
A.
Any
person of the age of seventeen (17) years and under the age of twenty-one
(21) years who shall represent that he/she has attained the age of
twenty-one (21) years for the purpose of purchasing, asking for or
in any way receiving any intoxicating liquor, except in cases authorized
by law, shall upon conviction be deemed guilty of an ordinance violation.
Any person under the age of seventeen (17) years who shall represent
that he/she has attained the age of twenty-one (21) years for the
purpose of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
211, RSMo.
B.
In addition to any other penalties established in Subsection (A) and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate ordinance violation.
[Ord. No. 360 §15, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010]
It shall be unlawful for any person under the age of twenty-one
(21) years to enter the premises of any licensee holding an intoxicating
liquor or malt liquor license for sale by the drink under this Chapter
unless accompanied by either a parent or legal guardian; provided
however, that nothing contained in this Section shall be construed
as preventing the entrance of anyone under the age of twenty-one (21)
years into such premises where such licenses are held by hotels, restaurants
or other establishments where substantial quantities of food and merchandise
other than intoxicating liquor or malt liquor are dispensed; provided
further, that nothing contained in this Section shall be construed
as preventing the entrance of any person between the ages of eighteen
(18) and twenty-one (21) into such premises if such person is a bona
fide employee of such establishment who is not in any way employed
in the actual sale, service or dispensing of intoxicating liquor or
malt liquor or consumption of the same.
[Ord. No. 1142-2010 §7, 6-21-2010]
Persons eighteen (18) years of age or older may, when acting
in the capacity of a waiter or waitress, accept payment for or serve
intoxicating liquor in places of business which sell food for consumption
on the premises if at least fifty percent (50%) of all sales in those
places consists of food; provided that nothing in this Section shall
authorize persons under twenty-one (21) years of age to mix or serve
across the bar intoxicating beverages.
[Ord. No. 1142-2010 §7, 6-21-2010]
In any place of business licensed in accordance with Section
311.200, or Section 312.040, RSMo., persons at least eighteen (18)
years of age may stock, arrange displays, operate the cash register
or scanner connected to a cash register and accept payment for, and
sack for carryout, intoxicating liquor. Delivery of intoxicating liquor
away from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years. Any licensee who employs any
person under the age of twenty-one (21) years, as authorized by this
Section, 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.
[Ord. No. 360 §18, 8-20-1979]
Nothing in this Chapter shall be construed as limiting a druggist
in the exercise of his/her business in compounding medicine or dispensing
intoxicating liquor under prescription from a licensed physician.
[Ord. No. 360 §19, 8-20-1979; Ord. No. 531-90 §1, 10-1-1990; Ord. No. 671-95 §1, 6-19-1995; Ord. No. 1142-2010 §3, 6-21-2010]
A.
It
shall be unlawful for any person to sell or expose for sale in the
City any alcoholic beverage, as the term is defined in the preceding
Section, in any quantity without first obtaining a license therefore
from the City. For the purpose of this Chapter, the following classes
of license permits are hereby created.
1.
Sale of alcoholic beverages (in the original package only) limited
to one (1) such license for each five hundred (500) population.
2.
Sale of malt liquor in the original package only.
3.
Sale of malt liquor by the drink and in the original package at bowling
alleys, golf courses or other similar recreation facilities limited
to one (1) such license for each one thousand (1,000) population.
4.
Sale by a resort, as that term is defined in Section 311.095, RSMo.,
for the sale of alcoholic beverages by the drink.
B.
Before any person shall be granted a license under Subsection (A)(2), they shall be required to prove, within a thirty (30) day period, they have on hand wholesale inventory of malt liquor of at least two thousand five hundred dollars ($2,500.00) in value. Proof of such fact shall be provided by applicant's affidavit together with City's right to demand an inspection. Before any person shall be granted a license under Subsection (A)(1), they shall have similarly proved, within the thirty (30) day period, a wholesale inventory of at least ten thousand dollars ($10,000.00) in value.
C.
The
City shall have the right on a random basis to require proof by statement
from a certified public accountant of applicant's choice that on any
chosen day or days, applicant was maintaining the required minimum
wholesale inventory. If the applicant fails to provide such proof
within a reasonable time (not longer than fifteen (15) days) or is
found to not have the minimum required inventory: upon first (1st)
ordinance violation a fine of not less than two hundred dollars ($200.00);
upon the second (2nd) ordinance violation a fine of not less than
five hundred dollars ($500.00) and the Board of Aldermen may in its
discretion consider such failure as grounds for revocation of said
license.
[Ord. No. 360 §20, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010; Ord. No. 1451-2021, 2-16-2021]
No person shall be granted a license under this Chapter, unless
such person is of good moral character, a qualified legal voter and
a taxpaying citizen of Missouri; and no corporations shall be granted
a license under this Chapter unless the managing officer of the proposed
establishment is of good moral character, a qualified legal voter
and a taxpaying citizen of Missouri; and no person shall be granted
a license whose license as such dealer has been revoked by the City
or the State or who has been convicted, since the ratification of
the Twenty-First Amendment of the Constitution of the United States,
of a violation of the provisions of any law applicable to the manufacture
or sale of intoxicating liquor or malt liquor or who employs in his/her
business any person whose liquor license has been revoked or who has
been convicted of violating the provisions of any such law since the
date aforesaid.
[Ord. No. 360 §21, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010]
A.
No
license shall be issued to an applicant until the following conditions
have been met and complied with:
1.
The applicant shall file with the Board of Aldermen a verified and
acknowledged petition for a license, on a form to be furnished by
the City Administrator, setting forth the following and such other
information as shall reasonably be required:
a.
Full name, age, residence, place of birth of the applicant and, if
a naturalized citizen, the time and place of naturalization; the length
of time he/she has resided at the residence stated; whether he/she
is a registered voter and assessed taxpaying citizen at the residence
stated; whether or not he/she has ever been convicted of a felony
or a violation of any law regulating, controlling or prohibiting the
sale of intoxicating liquor since the adoption of the Twenty-First
Amendment of the Constitution of the United States; whether or not
he/she has ever been engaged ln the manufacture or sale or distribution
of intoxicating liquor or malt liquor and, if so, when, where and
the nature of the business; if the applicant is a corporation, the
petition shall set forth all of the above information with respect
to its managing officer of the proposed establishment, identifying
such officer and shall further state the corporate name, the date
and State of incorporation, the five (5) largest stockholders with
their addresses and percentage of stock held.
b.
Whether or not any distiller, wholesaler, wine maker, brewer or any
employee, officer or agent of any such person has any financial interest
or proposes to have any financial interest in the retail business
for the sale of intoxicating liquor or malt liquor, for which such
applicant applied for a license; and whether or not any such persons,
either directly or indirectly, have loaned, given or furnished or
will give, loan or furnish any equipment, money, credit or property
of any kind to such applicant, except ordinary commercial credit for
liquor sold to such applicant; the names of all persons, directly
or indirectly financially interested in the proposed business of the
applicant.
c.
The exact location of the place or premises where the applicant proposes
to engage in such retail liquor business, including the street address
of the premises, the name and address of the owner of record of the
premises and the land upon which the buildings are situated and the
correct legal description of such premises.
d.
The kind of business which the applicant proposes to conduct in such
premises, particularly stating the hours which the applicant plans
to keep his/her place open for business of any kind.
e.
Each applicant for a license for the sale of intoxicating liquor
or malt liquor by the drink, under the provisions of this Chapter,
shall include duplicate photographs of passport size and shall submit
to complete fingerprints as required by the City Administrator.
2.
Each new application shall be submitted to the City Administrator,
the Chief of Police and to the Department of Health who, through their
duly authorized agent or employees or through such other departments
or person who from time to time may be designated by the Board of
Aldermen, will make an immediate investigation of the statements contained
in the petition and of the safety and sanitary conditions of the premises
and a written report of the findings of such investigations shall
be made to the Board of Aldermen.
3.
After a new application has been made and a license issued under
this Chapter, the Board of Aldermen may, at any reasonable time, request
a new investigation of the licensee and/or of the premises and the
results of such subsequent investigation shall be reported to the
Board of Aldermen.
[Ord. No. 360 §22, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010; Ord. No. 1451-2021, 2-16-2021]
If the Board of Aldermen shall find that the applicant, or if
it is a corporation, the managing officer, is a person of good moral
character, a registered voter and taxpaying citizen of Missouri; that
no license theretofore issued by the City or the State to the applicant
to sell intoxicating liquor or malt liquor has been revoked; that
the applicant has not been convicted since the ratification of the
Twenty-First Amendment to the Constitution of the United States of
the violation of any law applicable to the manufacture or sale of
intoxicating liquor or malt liquor; that the applicant does not employ
in his/her business any person whose liquor license has been revoked
or who has been convicted of violating the provisions of such law
since the date aforesaid; that the applicant plans and proposes to
conduct business in compliance with the laws of the State and with
this Chapter; that the premises where the business he/she is to be
conducted is safe and sanitary, then the Board of Aldermen may authorize
the issuance of a license to the applicant permitting him/her to conduct
such business for a term expiring on the thirtieth (30th) day of June
succeeding the date of such license unless such license shall be revoked,
withdrawn or canceled before the expiration of such time. The Board
of Aldermen shall have authority to renew or deny the license from
year to year thereafter and to issue licenses to the successors or
assigns of such person as hereinafter provided.
[Ord. No. 360 §23, 8-20-1979]
A.
In
the issuance of new licenses or in the renewal of existing licenses,
the Board of Aldermen shall give priority to applicants, if there
are more applicants than licenses than available under this Chapter,
on the basis of:
1.
Qualifications and prior experience of the applicant.
2.
Location and type of business and operation proposed by the applicant.
3.
The Board of Aldermen's determination as to whether the proposed
business can reasonably be expected to meet the sixty percent (60%)
requirement as defined herein.
4.
Time the application is made with the City Administrator.
[Ord. No. 360 §24, 8-20-1979]
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 Chapter, may make written
application, and the Board of Aldermen may transfer such license or
permit the operation of the business of the deceased for the remainder
of the period for which a license fee has been paid by the deceased.
Whenever one (1) or more members of a partnership withdraws from the
partnership, the Board of Aldermen, 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.
B.
No
person licensed under this Chapter shall make any change in the ownership,
management or control of the licensed business without first filing
with the Board of Aldermen a notice in writing of his/her intention
to do so, with an affidavit listing the name and address of the prospective
purchaser or new manager or person to control such business, after
which such prospective purchaser or new manager or person to control
may apply in the same manner as provided earlier in this Chapter for
the transfer of such license, and upon approval of the Board of Aldermen
such license may be transferred for the period remaining to such purchaser.
[Ord. No. 360 §25, 8-20-1979]
All licenses issued under this Chapter shall be kept conspicuously
posted on the premises for which such license is issued during the
period of such license.
[Ord. No. 360 §26, 8-20-1979; Ord. No. 618-93 §2, 8-30-1993; Ord. No. 1142-2010 §§6 — 7, 6-21-2010]
A.
If
the application for a license under this Chapter is approved by the
Board of Aldermen, the license shall be issued upon the payment of
the license fees applicable to the particular class of license, as
follows:
1.
Sale of intoxicating liquor in original package, the sum of seventy-five
dollars ($75.00).
2.
Sale of malt liquor in the original package, the sum of twenty-two
dollars fifty cents ($22.50).
3.
Sale of malt liquor and light wines by the drink for consumption
on the premises where sold, the sum of fifty-two dollars fifty cents
($52.50).
4.
Sale of alcoholic beverages by the drink in a resort, the sum of
fifty-two dollars fifty cents ($52.50).
B.
All
license fees collected by the City Collector shall be accounted for
and paid into the City Treasury. If the license is for less than one
(1) year, the fee shall be one-twelfth (1/12) of the annual fee for
each month, or fraction thereof, remaining in the licensed year. A
fee of twelve dollars fifty cents ($12.50) shall be charged for any
transfer or assignment of a license.
C.
In
addition to any fee collected pursuant to Section 311.220, RSMo.,
the City may charge and collect an additional fee not to exceed three
hundred dollars ($300.00) from any licensee under this Section for
the privilege of selling intoxicating liquor in the original package
at retail between the hours of 11:00 A.M. and Midnight on Sundays
in the City; however the additional fee shall not exceed the fee charged
by that City for a special license issued pursuant to any provision
of this Chapter which allows a licensee to sell intoxicating liquor
by the drink for consumption on the premises of the licensee on Sundays.
[Ord. No. 360 §27, 8-20-1979; Ord. No. 1142-2010 §7, 6-21-2010]
A.
Licenses
for the sale by the drink in a resort may be issued only to persons
whose primary business at the licensed premises is other than the
sale of intoxicating liquor or malt liquor. For the purposes of this
Section, a business is primarily for other than the sale of intoxicating
liquor if sixty percent (60%) or more of the gross dollar sales volume
of such business is derived from the sale of items or services other
than intoxicating liquor or malt liquor (hereinafter referred to as
the "sixty percent (60%) requirement").
B.
Each
new license issued under this Section shall be for a probationary
period of six (6) months.
1.
The City shall have the right to audit the books, records and papers
of every new licensee during the fifth (5th) month of the probationary
period for the purpose of determining compliance with the sixty percent
(60%) requirement.
2.
The City shall notify the licensee in writing of his/her compliance
or non-compliance with the sixty percent (60%) requirement upon expiration
of the six (6) month probationary period.
3.
The City shall issue a license to the probationary licensee as provided
for herein if he/she has fully complied with the sixty percent (60%)
requirement and all other provisions of this Chapter.
C.
An
applicant seeking a license for a new establishment must submit a
detailed written report to the Board of Aldermen which demonstrates
a reasonable expectation of an ability to comply with the sixty percent
(60%) requirement within the six (6) month probationary period.
D.
The
City, after giving ten (10) days' written notice to the licensee,
shall have the right to make periodic audits of the books, records
and papers of any licensee under this Section for the purpose of determining
whether the licensee is in compliance with the sixty percent (60%)
requirement.
1.
The City shall notify the licensee in writing of his/her compliance
or non-compliance with the sixty percent (60%) requirement upon completion
of the audit.
2.
If it is determined that the licensee is not in compliance with the
sixty percent (60%) requirement, the Board of Aldermen, after a hearing
thereon, may revoke the license of such person; provided that such
person shall be given ten (10) days' written notice thereof prior
to the time fixed for the hearing, which notice shall specify the
time, place, purpose and grounds for such hearing, so that such person
may have an opportunity to have counsel present and produce witnesses
in his/her behalf.
E.
No
license provided for under this Chapter shall be issued if the structure
for which such license is sought is occupied and operated as a drugstore,
pharmacy, confectionery, soda foundation, soft drink, stationery or
school supply store.
[Ord. No. 360 §28, 8-20-1979; Ord. No. 1176-2011 §1, 10-3-2011]
A.
Whenever
it is shown to the Board of Aldermen that a person licensed under
this Chapter has not at all times kept an orderly place or house or
that he/she or an employee has violated any of the provisions of this
Chapter or of State law or has failed to procure the proper license
from the State Supervisor of Liquor Control or has made a false affidavit
in his/her application for a license or any renewal thereof, the Board
of Aldermen, after a hearing thereon, may revoke or suspend for a
period not to exceed sixty (60) days the license of such person, provided
that such person shall be given ten (10) days' written notice thereof
prior to the time fixed for the hearing, which notice shall specify
the time, place, purpose and grounds for such hearing, so that such
person may have an opportunity to have counsel and produce witnesses
in his/her behalf.
B.
The
Police Chief or his/her authorized agents or any member of the Police
Department shall have the right, at any time, to inspect the premises
holding a permit to manufacture or sell intoxicating or malt liquor
and to seize any and all objects which may appear to be in violation
of any provisions of this Chapter and hold in custody such objects
as evidence until any matter pertaining thereto is finally adjudicated.
Upon such seizure, a receipt shall be given and, upon demand, objects
shall be returned to their original owner after the matter is finally
adjudicated.
C.
Whenever
any license shall be revoked under the terms and provisions of this
Chapter, the licensee shall not thereafter be eligible for any license
of any classification under the terms and provisions of this Chapter.
D.
In
the event that any license is suspended for any period of time as
herein provided, the Board of Alderman may, at its discretion, order,
as a condition precedent to the termination of such suspension, that
the licensee so suspended pay the reasonable costs incurred by the
Board of Aldermen in connection with the hearing referred to above
in this Section, which costs shall be determined and certified by
the Board of Aldermen.
[Ord. No. 360 §29, 8-20-1979; Ord. No. 531-90 §4, 10-1-1990]
A.
Any
violation of any provision of this Chapter shall be grounds for suspension
of any permit or license after a hearing before the Board of Aldermen,
as provided for in this Chapter.
B.
Anyone
violating any of the provisions of this Chapter is guilty of an ordinance
violation and subject to a fine of not more than five hundred dollars
($500.00) or imprisonment for ninety (90) days, or both.
C.
Any licensee, agent or employee found in violation of Section 600.120(B) shall be fined a maximum of five hundred dollars ($500.00) on the first (1st) ordinance violation. If said licensee, agent or employee is found in violation of Section 600.120(B) a second (2nd) time within a three (3) year period of the first (1st) ordinance violation, said licensee shall be fined a maximum of five hundred dollars ($500.00). Any licensee, agent or employee found in violation of Section 600.120(B) three (3) times within three (3) years shall be fined a maximum of five hundred dollars ($500.00).
[Ord. No. 531-90 §2, 10-1-1990; Ord. No. 1150-2010 §1, 12-20-2010]
Any licensee who sells gasoline on his/her premises shall not
advertise the sale of beer, wine or liquor with any neon or other
lighted sign, located within a window, in such a way that can be viewed
externally from his/her premises.
[Ord. No. 890-02, 1-7-2002]
A.
KEG
LICENSEE
REGISTRATION SEAL
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Any container capable of holding four (4) gallons or more
of beer, wine or intoxicating liquor which is designed to dispense
beer, wine or intoxicating liquor directly from the container for
purposes of consumption.
Any person holding a license within the City to sell beer,
wine or intoxicating liquor.
Any document, stamp declaration, seal, decal, sticker or
device approved by the City which is designed to be affixed to kegs
and which displays a registration number and such other information
as may be prescribed by the City.
B.
Registration Declaration/Seal Requirement. No licensee shall
sell or lose control of any beer, wine or intoxicating liquor in a
keg without having registered the sale on a form prescribed by the
City and affixing a registration seal on the keg at the time of sale.
C.
Registration Declaration. The registration declaration shall
at least contain the following:
1.
The name and address of the purchaser verified by valid identification
as determined by rules and regulations promulgated by the City.
2.
The type of identification presented by the purchaser.
3.
A statement signed by the purchaser indicating that the purchaser
is twenty-one (21) years of age or older, does not intend to allow
persons under twenty-one (21) years of age to consume the alcoholic
beverages purchased, that the purchaser acknowledges the penalty for
providing alcohol to minors is a fine of up to five hundred dollars
($500.00) or imprisonment for a period of not to exceed ninety (90)
days, or by both such fine and imprisonment, and that the purchaser
will not remove or obliterate the keg registration tax affixed to
the keg or allow its removal or obliteration.
D.
Keg Return — Procedure To Be Followed By Licensee. When a registered keg is returned to the licensee, the registration
seal shall be removed or obliterated and note of such action shall
be made on the registration records of the licensee.
E.
Violations. It shall be a violation of this Section for
any person, except as provided above, to remove, alter, deface or
obliterate any registration seal affixed to a keg, except that disposing
of empty kegs made of disposable packaging shall not constitute a
violation.
F.
Seizure Or Forfeiture Of Keg. If any person is in possession
of a keg used for or containing beer, wine or intoxicating liquor
in violation of this Section, then the keg and its contents shall
be subject to seizure or forfeiture.
G.
Responsibility To Maintain Records. Any licensee shall maintain
a complete and accurate record of all registration forms and other
documentation of the sale of kegs at the place of business designated
in the permit for a period of one (1) year. Such records regarding
keg sales shall be open to inspection by the City or other Law Enforcement
Officers at a reasonable date and time.
H.
Penalty. Any person who violates the terms of this Section
shall upon conviction thereof be punished by a fine of not more than
five hundred dollars ($500.00) or by imprisonment not exceeding ninety
(90) days, or by both such fine and imprisonment.
[Ord. No. 1142-2010 §4, 6-21-2010; Ord.
No. 1472-2021, 8-16-2021]
It shall be unlawful for any person to consume alcoholic beverages
upon any public street, sidewalk, alley, or on or in any business
parking lot generally open to the public. This Section shall not apply
to the consumption of any alcoholic beverage consumed inside an area
immediately adjacent to an establishment licensed to sell alcoholic
beverages by the drink so long as the designated area is during the
time of use enclosed by a fence sufficient to restrict persons from
entering the area other than through the licensed premises or controlled
access point. The Board of Aldermen, however, may allow the consumption
of alcoholic beverages upon public streets, sidewalks and alleys or
any business parking lot so long as such use is properly licensed
by the State and specifically approved by action of the Board of Aldermen.
[Ord. No. 1142-2010 §5, 6-21-2010]
It shall be unlawful for the holder of any license for the sale
of any alcoholic beverage at retail, either in the original package
or for consumption on the premises where sold, to supply, sell, or
permit to be sold any alcoholic beverage through any drive-up or walk-up
window or facility where the customer or person receiving the alcoholic
beverage is not required to enter the premises of the licensee.
