[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:
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.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
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.
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.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator or any other
officer appointed by any State or Federal court.
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.
A person who is legally registered to vote at the time an
application for liquor license is made to the City.
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.
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.
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.
[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.
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.
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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).
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[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]
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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.
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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.
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3.
Each applicant of a liquor license within the City of St. Robert
shall be fingerprinted by the St. Robert Police Department.
4.
APPLICANT
Definitions. As used in this Subsection, the
following terms shall have the meanings indicated:
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.
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"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.
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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.
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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.
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[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.
