[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013; Ord. No. 2625 §1, 6-17-2013; Ord. No. 2636 §§1 — 2, 8-5-2013]
When used in this Chapter, the following words shall have the following meanings:
BANQUET HALL
Any business involving the provision and/or service of food and/or beverages for a private occasion, function or event whether prepared on the premises of the occasion, function or event or not.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
COMMON EATING AND DRINKING AREA
An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor, where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of such areas.
INTOXICATING LIQUOR
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. 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.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol 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.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor, where the package and/or container(s) describes the contents thereof as intoxicating liquor. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator or any other officer appointed by any State or Federal court.
PUBLIC PLACE
Any public parkway, park, parking lot, cemetery, school yard or open space adjacent thereto; or any place open to access by the public including any business to which the general public has access, regardless of any age restriction which apply to that place, unless that location is licensed under the provisions of this Code. The St. Robert Golf Course is exempted from this definition and this Section.
QUALIFIED LEGAL VOTER
A person who is legally registered to vote at the time an application for liquor license is made to the City.
RESORT
Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
TAXPAYING CITIZEN
A person who has paid all City, County, State and Federal taxes which are due at the time of application or renewal for a City liquor license whether or not the taxes due are related to the income or premises for which the liquor license has been requested.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
The sale of any intoxicating liquor except malt liquor in the original package in any quantity less than fifty (50) milliliters shall be deemed "sale by the drink" and may be made only by a holder of a retail liquor dealer's license and, when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013; Ord. No. 2623 §2, 6-3-2013]
A. 
No person shall sell or offer for sale intoxicating liquor in the City of St. Robert without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.
B. 
General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor:
1. 
Package liquor — malt liquor only. Sales of malt liquor at retail by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold. This license may include Sunday sales from 9:00 A.M. to Midnight.
2. 
Package liquor — all kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
3. 
Liquor by the drink — malt liquor/light wine only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section.
4. 
Malt liquor by the drink. Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales from 9:00 A.M. to Midnight.
5. 
Liquor by the drink — all kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.
6. 
Common eating and drinking areas. Sales of intoxicating liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
C. 
Sunday Sales. Except for any establishment that may apply for a license under Section 311.089, RSMo., any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail, may apply to the City for a special license to sell intoxicating liquor at retail between the hours of 9:00 A.M. and Midnight on Sundays.
D. 
Permits.
1. 
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. 
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon 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 drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such 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. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter or law.
B. 
(Reserved)
C. 
Temporary Permit For Sale By Drink — Certain Organizations.
1. 
Notwithstanding any other provision of this Chapter, a permit for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package, at retail by the drink for consumption on the premises of the licensee 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.
2. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3. 
At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.
4. 
No provision of law or rule or regulation of the City 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.
D. 
Operating Hours, Days.
1. 
No person having a license under the provisions of this Chapter shall sell, give away, or permit the consumption of 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. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday, and provided further that where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which the intoxicating liquor is dispensed, and provided further that where such licenses are held by restaurants or stores whose business is conducted in one (1) room only and substantial quantities of food and merchandise, other than intoxicating liquor, are dispensed, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
2. 
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 this Chapter to the contrary.
E. 
General License Regulations.
1. 
Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.
2. 
A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
3. 
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 application and the Clerk 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. Whenever one (1) or more members of a partnership withdraws from the partnership, the Clerk, 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.
4. 
In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
5. 
City Officials as delineated in Section 600.050 shall have the authority to inspect all premises covered by licenses issued under this Chapter to determine whether the licensee is in compliance with the provisions of this Chapter.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013; Ord. No. 2623 §3, 6-3-2013]
A. 
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Malt liquor — original package: $75.00.
b. 
Intoxicating liquor (all kinds) — original package: $150.00.
c. 
Malt liquor — by drink: $75.00.
d. 
Malt liquor and light wines — by drink: $75.00.
e. 
Intoxicating liquor (all kinds) — by drink: $450.00.
f. 
Common eating and drinking places: $450.00.
2. 
Sunday sales. (Additional fees.)
a. 
Intoxicating liquor at retail: $300.00.
b. 
Common eating and drinking places: $300.00.
3. 
Permits.
a. 
Temporary permit — by the drink for certain organizations (7 days max.): $37.50.
b. 
Tasting permit: $37.50.
4. 
Applications.
a. 
Filing fee: $50.00.
b. 
Late renewal fee: $50.00.
5. 
Method of payment.
a. 
Payments shall be made at the time of application or renewal of licenses and shall be made in cash, money order or cashier's check only.
b. 
In the event that an application is denied by the City Council, the applicant shall be refunded the amount of the license fee in full, less the filing fee.
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013; Ord. No. 2626 §2, 6-17-2013]
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. 
A full investigation of the applicant and proposed location, for the purpose of ensuring the safety, health, and general welfare of the public, shall be conducted in the following manner:
1. 
The City Clerk shall send a copy of the application to each of the following:
a. 
The Chief of the Police Department who shall ensure that a full background check regarding the applicant is conducted.
b. 
The Building Official who shall inspect, or designate a representative to inspect, the proposed location for which the license or permit is being applied for complies with applicable City building requirements.
c. 
The Chief of the Fire Department who shall inspect, or designate a representative to inspect, the proposed location for which the license or permit is being applied for the purpose of ensuring the location does not contain any fire hazards.
2. 
The City Clerk shall require proof from the applicant that the applicant has no delinquent utility bills, real property taxes, personal property taxes, or State or local sales taxes. The City Clerk shall also require, when applicable, proof of food and beverage sales by month, hours of operation and any other information required to administer this Chapter.
3. 
Upon completing their individual investigations, the Police Department, Building Official and Fire Department shall file their reports with the City Clerk who shall then file all of the reports, application and information submitted by the applicant with the Board of Aldermen.
4. 
The City Administrator, or his designee, shall conduct any other investigation necessary to ensure that the applicant meets all requirements for the license sought. This may include disclosure of any or all documents required by the State of Missouri Division of Liquor Control to be maintained by the applicant including pre-numbered guest checks, cash register tapes, bank statements and canceled checks, and invoices for food and intoxicating beverage purchases. In any case where the license sought shall be denied and the license sought is dependent in part upon sales figures, these documents shall be produced at the time any request for review to City Council is made under Subsection (D) of this Section.
5. 
At the same time as investigations are made pursuant to this Chapter, a maximum occupancy load for the licensed premises shall be established by the City Officials conducting the inspections in accordance with the building codes adopted by the City of St. Robert.
6. 
No license shall be issued for, and no license holder shall operate under said license upon, any floor or story of any structure above the second (2nd) floor. In determining compliance under this Section the ground floor at the lowest level of egress shall be counted as the first (1st) floor.
D. 
Hearing On Application. Upon the filing of the application with the Clerk, the Clerk shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of the hearing. The hearing shall be conducted in accordance with Section 600.100 of this Chapter.
1. 
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, a public park or playground and to other places of the character for which a license is sought 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 three hundred (300) 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 three hundred (300) 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 Section 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.
2. 
The Board shall approve the application if after the hearing it finds that:
a. 
Issuance of the requested license would be in the best interests of the locality of the proposed business;
b. 
The applicant is a person of good moral character, a native born or naturalized citizen of the United States of America, a registered voter in a County within the State of Missouri and a taxpaying citizen of the City;
c. 
No license theretofore issued to such applicant to sell intoxicating liquors has been revoked or suspended within two (2) years of the date of the application;
d. 
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 sale of intoxicating liquor, or that such applicant has not employed in his/her business any person whose license has been revoked or who has been convicted of violating the provisions of such law since the date aforesaid;
e. 
The applicant plans and proposes to conduct a retail liquor business in compliance with the laws of the State of Missouri, the ordinances of the City and the provisions of this Chapter.
E. 
Upon approval of any application for a license, 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.
F. 
The application for a renewal of a current license holder's license shall be subject only to the holder maintaining a current State license. Applications for renewal of license must be filed on or before the first (1st) day of June each calendar year. For the year 2013 the application for a renewal of a current license holder's license shall be filed on or before July 15, 2013. Upon the current license holder proving to the Clerk that license holder holds a current State license, the Clerk shall issue a renewal. Other than adding a Sunday sales license to an existing license, a change in a license shall be subject to all of the requirements of this Chapter as if the application was for an original license application. In the event that any person residing or conducting business 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 in Subsection (D) of this Section.
G. 
Fingerprinting And Background Check.
[Ord. No. 2652 §§1 — 6, 11-18-2013]
1. 
The Board of Aldermen of the City of St. Robert finds that the fingerprinting of liquor license applicants and obtaining a background check thereby is important to protect the citizens of St. Robert.
2. 
Each person shall complete an application for a City of St. Robert liquor license, and that application shall contain the following language:
[Ord. No. 2794 §§1 — 3, 6-2-2015]
By execution of this application, the person executing it agrees to be fingerprinted for the purpose of a background check to protect the public. The person executing this application waives and gives up any cause of action against the City of St. Robert and its employees, agents and volunteers based upon the taking of fingerprints and causing a background check.
By submitting an application to the City of St. Robert, the applicant agrees for the City to utilize the fingerprints to accomplish a criminal background check on the applicant, pursuant to Section 43.543, RSMo. Application shall be submitted to the State for a check of State records, and thereafter forwarded to the FBI for a national check. Applicants are advised that FBI records will be used to screen applications.
3. 
Each applicant of a liquor license within the City of St. Robert shall be fingerprinted by the St. Robert Police Department.
4. 
Definitions. As used in this Subsection, the following terms shall have the meanings indicated:
APPLICANT
A person obtaining a license to open a facility to serve alcohol pursuant to ordinances of the City of St. Robert and the laws of the State of Missouri.
5. 
By submitting an application to the City of St. Robert, the applicant agrees for the City to utilize the fingerprints to accomplish a criminal background check on the applicant.
6. 
The applicant shall be responsible and pay a fee of $46.50 (forty-six dollars and fifty cents) to reimburse the St. Robert Police Department the cost of processing the criminal background check.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor, When.
1. 
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.
2. 
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. 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 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.
3. 
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.
B. 
Sales To Minor — Exceptions.
1. 
No licensee, his/her employee, or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to such person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.
2. 
Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.
3. 
It shall be a defense to prosecution under this Subsection if:
a. 
The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;
b. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
C. 
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.
1. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
2. 
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use 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.
D. 
Minors In Possession Of Intoxicating Liquor.
1. 
No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
2. 
Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. "Full information" is limited to the following:
a. 
The type of test administered and the procedures followed;
b. 
The time of the collection of the blood or breath sample or urine analyzed;
c. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
d. 
The type and status of any permit which was held by the person who performed the test;
e. 
If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.
"Full information" does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.
3. 
The provisions of this Subsection shall not apply to a student who:
a. 
Is eighteen (18) years of age or older;
b. 
Is enrolled in an accredited college or university and is a student in a culinary course;
c. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
d. 
Tastes a beverage under Subsection (D)(3)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this State. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Section.
B. 
Mixing Liquor With Drugs Prohibited. No licensee, or any other person, shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.
C. 
Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the provisions of the Liquor Control Law of Missouri, and any such person upon conviction shall have his/her license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.
D. 
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep 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, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.
E. 
Packaging, Labeling, Repackaging Prohibited, When. Any retailer licensed pursuant to this Chapter shall not:
1. 
Sell intoxicating liquor with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or
2. 
Repackage intoxicating liquor with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
F. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor, or permit such to be sold or supplied, to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.
G. 
Drinking In Public Places Prohibited.
1. 
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare or other public way of the City or any parking lot.
2. 
No person shall drink or ingest any intoxicating liquor in or on any public place.
3. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while in or upon any public place.
4. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.
[Ord. No. 2632 §1, 7-1-2013]
A. 
The consumption and the sale of intoxicating liquor and beer on the premises of the St. Robert golf course, including any golf clubhouse, is hereby authorized, but subject to reasonable restrictions and regulations as the Parks Board may issue from time to time.
B. 
Authority is hereby delegated to the Parks Board to issue, amend, refine, adjust and perfect regulations to the end that:
1. 
No beer or intoxicating liquor will be permitted on golf course premises unless purchased on St. Robert golf course premises;
2. 
No coolers will be permitted on the premises unless rented from the St. Robert golf course;
3. 
Net profits from such sales will be devoted to golf course maintenance and improvement;
4. 
Consumption on the golf course or at the clubhouse will be restricted and conditioned in a manner consistent with the City's responsibility to maintain the golf course as an attractive recreational site for the entire public of all ages;
5. 
No exceptions or special concessions will be granted to any organization or tournament sponsor; and
6. 
The golf course manager or other person authorized by the Park Board will apply for and maintain such licenses as are necessary to comply with applicable laws and regulations.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.100 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapters 311 or 312, RSMo., or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
If the licensee has not at all times kept an orderly place;
5. 
Permitting, or failing to prohibit, illegal gambling activities on the licensed premises;
6. 
If the licensee has failed to suppress brawls, fights or disturbances on the licensed premises;
7. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
8. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
9. 
Selling, giving or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years,
b. 
Any person during unauthorized hours on the licensed premises,
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Board.
10. 
If the licensee has failed to begin to use the license within sixty (60) calendar days from the date of issuance;
11. 
If the license holder, or that person's agent or employee, allows more persons upon the licensed premises than the maximum occupancy established at the issuance of the license.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311 or Chapter 312, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended and the suspension shall be for a term not less than that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Board shall sell or give away any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Board's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
E. 
The City Council, on hearing, may suspend for a specified period of time or revoke for a period not exceeding one (1) year any license issued under the provisions of this Chapter.
F. 
Any licensee, managing officer or owner whose City liquor license is suspended or revoked under the provisions of this Chapter shall not be granted another City liquor license during the period of suspension or revocation.
G. 
Any proceeding hereunder may be commenced within three (3) years of the events alleged to have taken place, and any action taken may be imposed upon any subsequent license held by the licensee on the licensed premises in question.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Criminal Complaint. Upon observance by a St. Robert Police Officer or through investigation, if probable cause exists that a violation of this Chapter has been committed, a complaint will be issued to the owner of record.
B. 
Penalties.
1. 
Any person violating any of the provisions of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or both such fine and punishment.
2. 
First (1st) offense does not require an automatic review by the Board. Second (2nd) and subsequent violations shall be reviewed by the Board for additional administrative actions separate of any judicial proceedings or findings.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Testimony — Evidence. Hearings before the Board 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 recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within ten (10) days of the date of the Board's decision. The Board may delay the implementation of its order pending appeal.
F. 
In determining whether to suspend or revoke an alcoholic beverage license, or to place the licensee on probation, and the period of the probation or suspension, the Board of Aldermen in determining good cause for the suspension, revocation or probation may consider, among other relevant factors, the following:
1. 
Two (2) convictions in each of three (3) consecutive months or six (6) convictions in any ninety (90) day period of a minor for consumption or possession of an alcoholic beverage on the premises of the licensee.
2. 
One (1) conviction in a month of the licensee or an employee of the licensee for selling alcoholic beverages to a minor; or two (2) convictions in a month of the licensee or an employee of the licensee for allowing minors on the premises of the licensee; or any combination of two (2) such convictions.
3. 
Number of convictions of persons for drinking or being in possession of alcoholic beverages when under the age of twenty-one (21) years, which drinking or possession occurred in the establishment. The Board may further consider the actual age of the individuals under twenty-one (21) years of age who were drinking or in the possession of alcoholic beverages in the establishment.
4. 
Number of convictions of the licensee or an employee of the licensee for sale of alcoholic beverages to any person under twenty-one (21) years of age. The Board may further consider the actual age of the individuals under twenty-one (21) years of age who were sold the alcoholic beverages in the establishment.
5. 
Number of convictions of persons for being present in the establishment while underage. The hearing officer may further consider the actual age of the individuals under twenty-one (21) years of age who were present in the establishment.
6. 
Number of convictions of the licensee or an employee of the licensee for allowing underage persons in the establishment. The hearing officer may further consider the actual age of the individuals under twenty-one (21) years of age who were present in the establishment.
7. 
Number of convictions of the licensee or an employee of the licensee for serving an intoxicated individual.
8. 
Number of convictions of the licensee or an employee of the licensee for remaining open, or serving alcoholic beverages, after hours.
9. 
Number of violations of the licensee or an employee of the licensee for allowing occupancy of the premises exceeding posted occupancy limits.
10. 
Prior probation, suspension or revocation of the licensee.
11. 
Whether or not the owner, manager(s) or employees of the licensee have attended within the current license period training programs of the State Division of Alcohol and Tobacco regarding the lawful and responsible service of alcoholic beverages and proper identification of minors.
G. 
Determinate Factors. In determining whether to suspend or revoke an alcoholic beverage license or to place the licensee on probation, the Board of Aldermen in determining whether the licensee has failed to keep an orderly place may consider, among other relevant factors, the following:
1. 
The number of instances in which the licensee or an employee have been convicted of a violation of any of the provision of Chapter 200 of the Code of Ordinances of the City of St. Robert, which offense occurred on the premises of the establishment.
2. 
The number of instances in which the licensee or an employee have been convicted of a violation of any of the provision of Chapter 400 of the Code of Ordinances of the City of St. Robert, which offense occurred on the premises of the establishment.
3. 
The number of instances in which the licensee or an employee have been convicted of a violation of any of the provision of Chapter 500 of the Code of Ordinances of the City of St. Robert, which offense occurred on the premises of the establishment.
4. 
The number of instances in which the licensee or an employee have been convicted of a violation of any of the provision of Chapter 600 of the Code of Ordinances of the City of St. Robert, which offense occurred on the premises of the establishment.
5. 
The number of instances in which emergency personnel have been required to respond to the establishment for calls involving assaults, disturbances, fights, property damage and similar circumstances, and the emergency personnel were able to verify that an assault, disturbance, fight, property damage or similar circumstance actually occurred on the premises.
H. 
Guidelines. In rendering a decision, the following guidelines, which the City Council considers to be reasonable in most circumstances, while recognizing that more lenient or harsher results may be warranted by the findings of fact in any given case:
1. 
First (1st) violation: Written letter of probation.
2. 
Second (2nd) violation: Suspension of license for ten (10) consecutive business days.
3. 
Third (3rd) violation: Suspension of license for ninety (90) consecutive calendar days.
4. 
Fourth (4th) violation: Suspension of license for one hundred eighty (180) consecutive calendar days.
5. 
Fifth (5th) violation: Revocation of license for three hundred sixty-five (365) consecutive calendar days.
I. 
The term "conviction" shall mean a plea of guilty, a finding of guilty and a not guilty plea with a stipulation of finding of facts (technical not guilty plea) and any other plea or finding resulting in an imposition of sentence, suspended imposition of sentence, or suspended execution of sentence.
J. 
The term "premises" shall include all floor levels of the interior premises of the alcoholic beverage establishment and any exterior areas of the establishment covered by the alcoholic beverage license or under control of the licensee, such as off-street parking, grounds, courtyards and decks.
K. 
The City Council may consider any combination of factors set out above in determining whether a license should be revoked or suspended or the licensee placed on probation and the period of any suspension or probation. The City Council may consider the same factors as a determinate of whether annual renewal of the applicant's liquor license shall be granted.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
A. 
Any person who is licensed to sell or serve alcoholic beverages at any establishment shall place on the premises of such establishment a warning sign as described in this Section. Such sign shall be at least eleven (11) inches by fourteen (14) inches and shall read "WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects". The licensee shall display such sign in a conspicuous place on the licensed premises.
B. 
Any employee of the Supervisor of Alcohol and Tobacco Control may report a violation of this Section to the Supervisor, and the Supervisor shall issue a warning to the licensee of the violation.
[Ord. No. 2317 §2, 8-16-2010; Ord. No. 2618 §§1 — 2, 5-6-2013]
Any person violating any of the provisions of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.