[RSMo. §§311.030, 311.195; R.O. of 1943, Ch. 11,
Art. I §1; Ord. No. 1092 §2, 8-12-1991; Ord. No. 1312 §2, 8-31-1999; Ord. No. 1835 §1, 2-14-2011]
The following words and terms shall have their prescribed meanings
when used in this Chapter:
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt or other liquors or combination of liquors, a part
of which is spirituous, vinous or fermented and all preparations or
mixtures for beverage purposes, containing in excess of one-half of
one percent (0.5%) by volume.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator, or other
officer appointed by any State or Federal Court.
[R.O. of 1943, Ch. 11, Art. I §2]
It shall be unlawful for any person, firm, partnership or corporation
or association to manufacture, sell or expose for sale, either at
wholesale or at retail, in the City, intoxicating liquor, as herein
defined, in any quantity without first having obtained a license from
the City therefor except as otherwise herein provided.
[R.O. of 1943, Ch. 11, Art. I §3; Ord.
No. 267 §1, 3-10-1947; Ord. No. 500 §§1 — 4, 6-8-1964; Ord. No. 700 §1, 6-21-1976; Ord. No. 1146 §1, 5-24-1993; Ord. No. 1181 §1, 5-4-1994; Ord. No. 1312 §2, 8-31-1999; Ord. No. 1408 §1, 11-10-2003; Ord. No. 1460 §1, 12-13-2004; Ord. No. 1489 §1, 4-11-2005; Ord. No. 1835 §1, 2-14-2011]
A.
The licenses
required and imposed under this Article shall be as follows:
1.
For
manufacturing, distilling or blending of intoxicating liquor in excess
of three and two-tenths percent (3.2%) of alcohol by weight, the sum
of twenty-five dollars ($25.00) per year.
2.
For
the sale of intoxicating liquors by wholesale in excess of three and
two-tenths percent (3.2%) of alcohol by weight, the sum of twenty
dollars ($20.00) per year.
3.
For
the sale of intoxicating liquor in excess of three and two-tenths
percent (3.2%) of alcohol by weight at retail by the drink, glass,
bottle, original package, case or keg, the sum of two hundred fifty
dollars ($250.00) per year.
4.
For
a license authorizing the sale at retail in the original package of
intoxicating liquor, the sum of eighty dollars ($80.00) per year.
5.
For
the sale of intoxicating liquor in excess of three and two-tenths
percent (3.2%) of alcohol at retail for consumption by the drink on
the premises of a "restaurant bar", as defined and authorized under Section 311.097, RSMo., during the hours authorized by Missouri law, a fee of one hundred dollars ($100.00) per year shall be paid in addition to the fee set by Subsection (3). The licensee shall be required to submit proof of qualifications of a "restaurant
bar", as defined in Section 311.097, RSMo., when requested.
6.
For
the sale of malt liquor in excess of three and two-tenths percent
(3.2%) alcohol by weight and not in excess of five percent (5%) by
weight in the original package but not for resale, the sum of twenty-two
dollars fifty cents ($22.50) per year.
7.
For
a license authorizing the sale at retail in the original package of
intoxicating liquor on Sunday, between the hours authorized by Missouri
law, provided that the licensee also possesses a license authorizing
the sale at retail in the original package of intoxicating liquor
on all other days, a fee in the amount of one hundred dollars ($100.00)
per year.
8.
For
a license authorizing the manufacture of beer and malt liquor in quantities
not to exceed ten thousand (10,000) barrels per annum, a fee in the
amount of one hundred twenty-five dollars ($125.00) per year. In lieu
of the charges provided in this Section, a license fee of five dollars
($5.00) for each one hundred (100) barrels or fraction thereof, up
to a maximum license fee of one hundred twenty-five dollars ($125.00),
shall be paid to and collected by the City Collector.
9.
For
a license authorizing the sale of malt liquor containing alcohol in
excess of three and two-tenths percent (3.2%) by weight and not in
excess of five percent (5%) by weight, by grocers and other merchants
and dealers, in the original package, direct to consumers but not
for resale, the sum of fifty dollars ($50.00) per year. The phrase "original package" shall be construed and held to refer
to any package containing three (3) or more standard bottles of beer.
Any person licensed pursuant to this Subsection may also sell malt
liquor at retail between the hours of 9:00 A.M. and Midnight on Sunday.
10.
For
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 services for use at a particular function, occasion
or event at a particular location other than the licensed premise,
effective for a period not to exceed one hundred twenty (120) consecutive
hours, which 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 the premises licensed
to sell alcoholic beverages for on-premises consumption in the City.
For every permit issued pursuant to this Section, the permittee shall
pay the sum of fifteen dollars ($15.00) for each calendar day, or
fraction thereof, for which the permit is issued. All provisions of
the ordinances, rules and regulations of the City shall extend to
such premises and shall be enforced and enforceable during all the
time that the permittee, its agents, servants, employees or stock
are in such premises.
[1]
State Law Reference — As to similar provisions, see
RSMo. §311.220.
[Ord. No. 1312 §3, 8-31-1999]
A.
Notwithstanding
any other provision of this Chapter to the contrary, the holder of
a microbrewer's license may apply for, and the City Clerk may issue
upon authorization as otherwise provided in this Chapter for issuance
of licenses, a license to sell intoxicating liquor by the drink at
retail for consumption on the brewery premises and in the original
package for off-premises consumption.
B.
The holder
of the microbrewer's license may also sell beer and malt liquor produced
on the brewery premises to duly licensed wholesalers. However, holders
of a microbrewer's license shall not, under any circumstances, directly
or indirectly, have any financial interest in any wholesaler's business,
and all such sales to wholesalers shall be subject to the restrictions
of Sections 311.181 and 311.182, RSMo., and other applicable provisions
of this Chapter.
[Ord. No. 867 §§1 —
4, 8-11-1981; Ord. No.
1806 §1, 1-11-2010; Ord. No. 1835 §1, 2-14-2011]
A.
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 wholesome 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 or other fruits
and vegetables, or both such malt liquor and wine, may be sold by
the drink at retail for consumption on the premises where sold, when
the person, partnership or corporation desiring to sell such malt
liquor or wine, or both, by the drink at retail for consumption on
the premises where sold shall have been licensed to do so as prescribed
in this Article and in other applicable ordinances of the City of
Hermann and the laws of the State of Missouri.
B.
Every
person who desires to sell malt liquor or wine, as provided above,
by the drink at retail for consumption on the premises shall first
obtain a license for such purposes by filing an application and meeting
the standards otherwise provided for holders of licenses to sell alcoholic
beverages as required by ordinances of the City of Hermann and by
the laws of the State of Missouri.
C.
For each
license issued pursuant to this Article authorizing the sale of malt
liquor and wine by the drink at retail for consumption on the premises
where sold, there shall be paid to the City of Hermann a license fee
in the amount of thirty-five dollars ($35.00) per year, payable in
advance.
D.
(Reserved)
[R.O. of 1943, Ch. 11, Art. I §5; Ord.
No. 1806 §2, 1-11-2010]
Each license issued in compliance with this Article shall be
for one (1) year from date of issue.
[Ord. No. 548 §1, 11-13-1987]
The days and hours of sale and disposal of intoxicating liquor
shall be the same as is from time to time prescribed by State law.
[R.O. of 1943, Ch. 11, Art. I §8]
No person, agent or employee of any person in any capacity shall
sell intoxicating liquor in any other place than that designated in
the license or at any other time or otherwise than is authorized by
this Article and the regulations herein provided for.
[RSMo. §311.330]
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.
[R.O. of 1943, Ch. 11, Art. I §9]
No person shall possess intoxicating liquor within the City
of Hermann unless the same has been acquired from some person holding
a duly authorized license to sell the same, or unless the said intoxicating
liquor is had or kept within the written or printed permission of
the State Supervisor of Liquor Control and the package in which intoxicating
liquor is contained and from which it is taken for consumption has,
while containing intoxicating liquor, been labeled and sealed with
the official seal prescribed under the State Law and the regulations
made thereunder. Provided, further, that nothing in this Article shall
be so construed as to prevent the natural fermentation of fruit juices
in the home for the exclusive use of the occupants of the home and
their guests.
[R.O. of 1943, Ch. 11, Art. I §10]
Any druggist may have in his possession intoxicating liquor
purchased by him from a licensed vendor under a license pursuant to
this Article or intoxicating liquor 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 of Missouri; such intoxicating liquor to be used
in the business of druggists in compounding medicines or as a solvent
or preservant; provided that nothing in this Article shall be construed
as limiting the right of a physician to prescribe intoxicating liquor
in accordance with his professional judgment for any patient at any
time or prevent a druggist from selling intoxicating liquor to a person
on prescription from a regularly licensed and practicing physician.
[R.O. of 1943, Ch. 11, Art. I §11]
No person or his employee shall sell or supply intoxicating
liquor or permit same to be sold or supplied to a habitual drunkard
or to any person who is under or apparently under the influence of
intoxicating liquor. Intoxicating liquor shall not be given, sold
or otherwise supplied to any person under the age of twenty-one (21)
years, but this shall not apply to supplying of intoxicating liquor
to a person under said age for medicinal purposes only or by the parents
or guardians of such person or to administering of said intoxicating
liquor to said person by a physician. No person under the of twenty-one
(21) years shall sell or assist in the sale or dispensing of intoxicating
liquors, except as permitted by State law.
[1]
State Law Reference — For similar provisions, see RSMo.
§311.300.
[R.O. of 1943, Ch. 11, Art. I §12]
All applications for license under the provisions of this Article
shall be made in writing to the Board of Aldermen.
[R.O. of 1943, Ch. 11, Art. I §13; Ord.
No. 1806 §3, 1-11-2010]
On approval of the application by the Board of Aldermen and
payment of the license tax hereinafter provided for, the City Clerk
shall grant applicant a license to conduct business in the City as
of the date the license is granted and continuing for one (1) year
thereafter. A separate license shall be required for each place of
business. Every license issued under the provisions of this Article
shall particularly describe the premises at which intoxicating liquor
may be sold at thereunder, and such license shall not be deemed to
authorize or permit the sale of intoxicating liquor at any place other
than described therein. Provided further, that the City Clerk shall
not deliver to any person a license under this Article unless such
person shall procure the receipt of the City Collector showing that
the taxes levied on the same have been paid.
[R.O. of 1943, Ch. 11, Art. I §14; Ord.
No. 1348 §1, 2-12-2001; Ord. No. 1406 §1, 10-13-2003; Ord. No. 1835 §1, 2-14-2011]
A.
No person
shall be granted a license under this Article unless such person is
of good moral character and a citizen of the United States of America
and a qualified legal voter and taxpaying citizen of the State of
Missouri; and no person shall be granted a license or permit under
this Article whose license for the manufacture or sale of intoxicating
liquor has been revoked, or who has been convicted, since the ratification
of the Twenty-First Amendment of the Constitution of the United States
of America, of a violation of the provisions of any law applicable
to the manufacture or sale of intoxicating liquor, or who employs
or has employed in such applicant's business any person whose license
has been revoked, or who has been convicted of violating provisions
of any such law since the date of said ratification.
B.
No license
described in this Article shall be issued to or renewed for any natural
person or business entity of any type if either the applicant therefor
or the business entity for which the license is sought is at the time
of filing the application or renewal in arrears for any unpaid tax,
license, fee, fine, or other debt or monetary obligation due the City.
[Ord. No. 903 §2, 6-27-1983; Ord. No. 1835 §1, 2-14-2011]
Violation of any of the provisions of this Article shall be
a misdemeanor. Any person convicted of a violation of any of the provisions
of this Article shall immediately forfeit the license issued to such
person. No person convicted of the violation of any provision of this
Article, or of any other lawful ordinance of the City of Hermann,
or any such law of the United States of America or the State of Missouri
or any other State respecting the manufacture, distribution or sale
of intoxicating liquor, shall be issued a license or renewal of a
license.
[R.O. of 1943, Ch. 11, Art. I §18]
Upon conviction of any person under the provisions of this Article,
it shall be the duty of the Municipal Judge to certify such conviction
to the Board of Aldermen.
[R.O. of 1943, Ch. 11, Art. I §19]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Article for cause or otherwise,
the City shall in no event return any part of the license fee paid
for such license.
[Ord. No. 805 §3, 1-7-1980]
No license issued for the sale of intoxicating liquor shall
be transferable or assignable except as herein provided. In the event
of the death of a licensee, the widow or widower or next of kin of
such deceased licensee, who shall meet the other requirements of a
new licensee, may make application and the Board of Aldermen may transfer
such license to permit the operation of the business of the deceased
for the remainder of the period of 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.
[Ord. No. 735 §§1-3, 6-12-1978]
A.
No license
shall be issued for the sale of intoxicating liquor within the City
for an establishment within three hundred (300) feet of any school,
church or other building used as a place of religious worship unless
consent in writing is first obtained from the board of directors or
managing board of the institution.
B.
This
Section shall not apply to those places to sell already established.
C.
A certified
copy of this ordinance shall be sent to the Supervisor of Liquor Control
Department of Revenue, State of Missouri.
[Ord. No. 871 §1, 12-21-1981]
Any applicant for a license to sell intoxicating liquor, as
such term is defined in the ordinances of the City of Hermann, within
the said City shall have the option of applying and paying for such
license on a semi-annual basis, with the terms thereof to commence
on the first (1st) days of January and July, respectively. Applications
for licenses on such basis shall be made in the manner otherwise provided
by ordinance. The cost thereof shall be one-half (½) of the
cost of an annual license as may be prescribed by ordinance. Upon
filing and approval of a proper application and payment of the requisite
cost of an annual license, such license shall be issued by the City
Clerk for the requested term.
[Ord. No. 929 §§1 —
5, 8-13-1984; Ord. No.
1408 §1, 11-10-2003; Ord. No. 1683 §1, 6-11-2007; Ord. No. 1835 §1, 2-14-2011]
A.
Notwithstanding
any other provisions of this Code, a permit for the sale of intoxicating
liquor as defined in Section 311.020, RSMo., 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) consecutive days by any such club or organization.
B.
To secure
the permit, the applicant shall complete a form provided by the City
Clerk; however, no applicant shall be required to furnish a personal
photograph as part of the application. The applicant shall pay a fee
of twenty-five dollars ($25.00) for such permit.
C.
If the
event will be held on a Sunday, the permit shall authorize the sale
of malt liquor on that day during the hours authorized by Missouri
law.
D.
At the
same time that the applicant applies for a permit under the provisions
of this Section, the applicant shall notify the Missouri Director
of Revenue and the Clerk of the City of Hermann 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 of the close of the event, and failure to do so
shall result in a liability of triple the amount of tax due plus payment
of the tax and denial for a period of three (3) years of any other
permit to the applicant and the organization for which the permit
was issued. Under no circumstances shall a bond be required by the
applicant.
E.
No provision
of law or rule or regulation of the City of Hermann shall prevent
any wholesaler or distributor from providing customary storage, cooling
or dispensing equipment for use by the holder of the license at such
picnic, bazaar, fair or similar gathering.
[Ord. No. 1851 §1, 6-27-2011; Ord. No. 1863 §1, 1-9-2012]
A.
No person,
partnership, association of persons or corporation shall manufacture,
distill, blend, sell or offer for sale intoxicating liquor within
this State at wholesale or retail, or solicit orders for the sale
of intoxicating liquor within this State without procuring a license
from the Supervisor of Alcohol and Tobacco Control authorizing them
so to do. For such license, there shall be paid to and collected by
the Director of Revenue annual charges as follows:
1.
For
the privilege of manufacturing and brewing in this State malt liquor
containing not in excess of five percent (5%) of alcohol by weight
and the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of malt liquors containing not in excess of five
percent (5%) of alcohol by weight to, by or through a duly licensed
wholesaler within this State, the sum of two hundred fifty dollars
($250.00);
2.
For
the privilege of manufacturing in this State intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight and
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight to, by or through
a duly licensed wholesaler within this State, the sum of two hundred
dollars ($200.00);
3.
For
the privilege of manufacturing, distilling or blending intoxicating
liquor of all kinds within this State and the privilege of selling
to duly licensed wholesalers and soliciting orders for the sale of
intoxicating liquor of all kinds to, by and through a duly licensed
wholesaler within this State, the sum of four hundred fifty dollars
($450.00);
4.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of malt liquor containing not in excess of five
percent (5%) of alcohol by weight, to, by and through a duly licensed
wholesaler within this State, the sum of seventy-five dollars ($75.00);
5.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight to, by or through
a duly licensed wholesaler within this State, the sum of one hundred
dollars ($100.00);
6.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds to, by and
through a duly licensed wholesaler within this State, the sum of two
hundred fifty dollars ($250.00);
7.
For
the privilege of selling intoxicating liquor containing not in excess
of five percent (5%) of alcohol by weight by a wholesaler to a person
duly licensed to sell such malt liquor at retail and the privilege
of selling to duly licensed wholesalers and soliciting orders for
the sale of malt liquor containing not in excess of five percent (5%)
of alcohol by weight to, by or through a duly licensed wholesaler
within this State, the sum of one hundred dollars ($100.00);
8.
For
the privilege of selling intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight by a wholesaler to
a person duly licensed to sell such intoxicating liquor at retail
and the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight to, by or through
a duly licensed wholesaler within this State, the sum of two hundred
dollars ($200.00);
9.
For
the privilege of selling intoxicating liquor of all kinds by a wholesaler
to a person duly licensed to sell such intoxicating liquor at retail
and the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds to, by or
through a duly licensed wholesaler within this State, the sum of five
hundred dollars ($500.00), except that a license authorizing the holder
to sell to duly licensed wholesalers and to solicit orders for sale
of intoxicating liquor to, by or through a duly licensed wholesaler
shall not entitle the holder thereof to sell within the State of Missouri
direct to retailers;
10.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of vintage wine as defined in Section 311.191,
RSMo., to, by or through a duly licensed wholesaler within this State,
the sum of five hundred dollars ($500.00).
B.
Solicitors,
manufacturers and blenders of intoxicating liquor shall not be required
to take out a merchant's license for the sale of their products at
the place of manufacture or in quantities of not less than one (1)
gallon.
C.
The provisions
of this Section relating to the privilege of selling malt liquor are
subject to and limited by other provisions contained in this Code.
D.
The licenses
prescribed in this Section for the privileges of selling intoxicating
liquor by a wholesaler to a person duly licensed to sell such intoxicating
liquor at retail shall allow such wholesaler to sell intoxicating
liquor to licensees licensed by the Gaming Commission to sell beer
or alcoholic beverages pursuant to this Code.
[1]
Editor's Note — Ord. no. 1803 §1, adopted November 9, 2009, repealed art. II "non-intoxicating beer" containing sections 600.220 — 600.300 in their entirety. Former sections 600.220 — 600.300 derived from R.O. of 1943, ch. 11, art. II §§1 — 6; ord. no. 263 §3, 12-6-1946; ord. no. 871 §2, 12-21-1983; ord. no. 903 §3, 6-27-1983; ord. no. 1406 §1, 10-13-2003; RSMo. §§312.040, 312.100. The article designation was deleted and the sections were left reserved for the city's future use.
[Ord. No. 805 §1, 1-7-1980]
No licensee who shall have had his license suspended by order
of the Board of Aldermen shall sell or give away any intoxicating
liquor, nor shall he order or accept delivery of any intoxicating
liquor during the period of time such order of suspension is in effect.
Any licensee desiring to keep his premises open for the sale of food
or merchandise during such period of suspension shall display the
order of suspension issued by the Board of Aldermen in a conspicuous
place on the premises so that all persons visiting the premises may
readily see the same.
[Ord. No. 805 §1, 1-7-1980]
No retail licensee shall allow in or upon his licensed premises
any improper disturbances, lewdness, immoral activities, 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.
[Ord. No. 805 §1, 1-7-1980]
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 the
ordinances relating to the sale or distribution of intoxicating liquor
within the City of Hermann.
[Ord. No. 805 §1, 1-7-1980]
In addition to the express requirements of this or any other
ordinance of the City of Hermann relating to the conduct of business
by the holder of a license for the sale of intoxicating liquor, all
such licensees shall at all times comply with all applicable provisions
of the Missouri Liquor Control Law and Rules and Regulations promulgated
thereunder by the Supervisor and Division of Liquor Control, as such
regulations are set forth in the Code of State Regulations. The Board
of Aldermen, and its authorized agents, shall have all rights of inspection
and access to records of licensees within the City as are accorded
to the Supervisor of Liquor Control by such law and regulations.
[Ord. No. 805 §2, 1-17-1980]
A.
Whenever
it is shown to the Board of Aldermen, or whenever the Board has knowledge,
that a dealer licensed under the ordinances relating to the sale of
intoxicating liquor has not at all times kept an orderly place or
house, or has violated any of the provisions of said applicable ordinances
or the Missouri Liquor Control Act or regulations thereunder, or has
made a false statement or affidavit in his application for a license,
the Board of Aldermen may suspend or revoke the license of such dealer;
but the dealer must first have ten (10) days' notice of the intention
or application to suspend or revoke his license prior to the order
of revocation or suspension issuing. Such notice shall state the grounds
for the proposed suspension or revocation, and the date, time, and
place for a hearing thereon if he makes a request to the City Clerk
for such hearing, and the fact that he may appear with or without
counsel and produce witnesses on his behalf. If the dealer fails to
request such a hearing by the date and time specified in the notice,
not less than ten (10) days after issuance of the notice, then the
described suspension or revocation order shall be issued automatically
by the City Clerk, effective on the first (1st) business day after
the date of the order. Such notice or order shall be served on the
dealer by an officer of the City Police Department, and may be served
by leaving a copy thereof with the dealer or any person or employee
then in charge of the business.
B.
Hearings
before the Board of Aldermen to suspend or revoke licenses shall be
in the nature of informal investigations. Testimony of witnesses and
other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be taken down stenographically
and transcribed whenever required by law.
C.
Subpoenas
shall be issued by the Board of Aldermen, per the City Clerk, for
any witness whose presence is desired at any hearing or proceeding
before the Board to suspend or revoke a license, and such subpoenas
may be served by any officer of the City Police Department or by any
officer or other person authorized by law to serve any subpoena in
any civil suit in the Circuit Courts of the State. Such subpoenas
shall be served in the same manner as is provided by law for service
of subpoenas in civil suits in the Circuit Courts of the State, and
the return thereon shall be made in the same manner as is provided
by law for making returns of subpoenas in civil suits in the Circuit
Courts of this State. In any such proceeding or hearing, the Board
may issue an order to any licensee, or a subpoena duces tecum for
any licensee or any other person requiring such licensee or such other
person to produce before the Board any papers in his possession pertaining
to the subject of the inquiry, which would be competent evidence at
such hearing. Witnesses may also appear voluntarily at such hearings
and testify.
D.
Before
any witness shall testify in any such hearing or proceeding, he shall
be sworn by the City Clerk to tell the truth and nothing but the truth.
[Ord. No. 575 §§1 —
2, 5-13-1969; Ord. No.
903 §24, 6-27-1983; Ord. No. 1803 §2, 11-9-2009]
[Ord. No. 1107 §§1 —
8, 2-24-1992; Ord. No.
1587 §1, 5-22-2006; Ord. No. 1803 §3, 11-9-2009; Ord. No. 1835 §1, 2-14-2011]
A.
Wherever
used in this Section, the term "intoxicating liquor" shall have the meaning assigned to it in Chapter 311, RSMo., as
the same may be amended from time to time.
B.
No person
shall drink or consume any intoxicating liquor while in or upon any
public street, thoroughfare, alley, sidewalk, railroad passage or
loading area or shelter, public parking lot (except for a parking
lot then being used as a campsite pursuant to a permit issued by the
Hermann Park Board) or other public way, except for any such area
located north of the Union Pacific Railroad tracks, and also except
for the Performing Arts Pavilion property located on the east forty
(40) feet of Lot 28 of East Fourth Street, all of Lots 30, 32, 34
and 36 of East Fourth Street, the east part of Lot 25 on East Fifth
Street, and all of Lots 27, 29, 31, 33 and 35 of East Fifth Street,
all as per the City's plat of record in the office of the Gasconade
County Recorder of Deeds.
C.
No person
shall possess or have under his control any open container of any
type containing intoxicating liquor while in or upon any public street,
thoroughfare, alley, sidewalk, railroad passage or loading area or
shelter, public parking lot (except for a parking lot then being used
as a campsite pursuant to a permit issued by the Hermann Park Board)
or other public way, except for any such area located north of the
Union Pacific Railroad tracks, and also except for the Performing
Arts Pavilion property.
D.
No person
shall have in his possession any open container containing intoxicating
liquor while within or on a motor vehicle while the same is being
operated upon or parked or standing in or upon any public street,
thoroughfare, alley, sidewalk, public parking lot, (except for a parking
lot then being used as a campsite pursuant to a permit issued by the
Hermann Park Board) or other public way, except for any such area
located north of the Union Pacific Railroad tracks.
E.
No person,
firm, corporation or other entity licensed to sell intoxicating liquor,
or the agents or employees of such licensee, shall permit any person
to remove from such licensed premises any intoxicating liquor in any
open container.
F.
All premises
in the City of Hermann licensed for the sale of intoxicating liquor
shall post a notice at each exit of the premises which is used by
customers or patrons of the same stating that "No Intoxicating Liquor
May Be Carried In An Open Container Out Of This Building".
G.
This
Section shall not prohibit or make unlawful the transport of any unsealed
container of intoxicating liquor for commercial or manufacturing purposes
by the holder of a license issued by the State of Missouri for the
manufacture or sale at wholesale of intoxicating liquor if such method
of transportation is lawful under State law.
H.
Violation
of any provision of this Section shall be an infraction and shall
be punishable by a fine not to exceed two hundred dollars ($200.00).
