[Ord. No. 1249 § 1, 6-20-2016]
A. 
It shall be unlawful for any person to sell or expose for sale intoxicating liquor in any quantity, either for consumption on the premises where sold, or in the original package and not for consumption on the premises where sold, except as provided in this Chapter, nor until the license fees herein provided have been fully paid and a State liquor license and a City liquor license have been issued for the premises. A separate license shall be required for each place of business.
B. 
Notwithstanding any other law to the contrary, any caterer need not obtain a separate liquor license from the City to provide catering services within the City, provided that any caterer licensed by a local jurisdiction other than the City shall be required to produce a copy of the local license to the City. All applicable provisions of this Chapter, Missouri's liquor control law, and the provisions of law of the jurisdiction issuing the caterer's local liquor license shall extend to the catered premises and shall be in force and enforceable during the time that the caterer is on such premises. Caterers shall not allow the sale of intoxicating liquor in the original package.
[Ord. No. 1249 § 1, 6-20-2016]
A. 
Applications for a license shall be filed with the City Clerk on forms furnished by the City Clerk. The application shall be accompanied by the appropriate license fee.
B. 
The application shall contain information sufficient to inform the City regarding the qualifications of the applicant. Each application shall be signed by the applicant. The signature of the applicant shall constitute an agreement that the applicant assumes responsibility for compliance with the provisions of the City ordinances and the laws of the State regulating the sale of intoxicating liquor. The applicant shall include as part of the application a copy of the application packet for State liquor license. The applicant for any picnic license shall state the nature of the function, location, exact times and dates requested for said license, and shall describe with particularity the premises at which intoxicating liquor may be sold and consumed.
C. 
If the applicant is a joint venture, partnership or group other than an incorporated entity, the application shall be made by all individuals who are members of such joint venture, partnership or group. If the applicant is a corporation, the application shall be submitted in the name of a managing officer of the entity for the benefit of the entity corporation. A corporate applicant shall state the names and addresses of its registered agent, manager, officers, directors, and owners. If at any time the named manager of a corporation ceases to act in such capacity, the corporation shall immediately apply to the City to transfer the license to the name of the new manager.
D. 
Every application for a license, and every license issued under the provisions of this Chapter, shall particularly describe the premises at which intoxicating liquor may be sold thereunder.
[Ord. No. 1249 § 1, 6-20-2016]
A. 
No license shall be issued for the sale of intoxicating liquor in the original package not to be consumed on the premises where sold except to a person engaged in and to be used in connection with the operation of one (1) or more of the following businesses: a drug store, a cigar and tobacco shop, a grocery store, a general merchandise store, a confectionery or delicatessen store, or any business licensed to sell intoxicating liquor by the drink for consumption on the premises; nor shall any license be issued for the sale of intoxicating liquor in the original package not to be consumed on the premises where sold to any person who does not have and keep in his/her store a stock of goods having a value, according to invoices, of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors.
B. 
A license issued under this Chapter shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than the licensed premises, except that the City may permit on application the extension of a licensed premises to an adjoining sidewalk or parking lot for special events that may be permitted as provided by law. In such event, the extension application shall describe with particularity the premises at which intoxicating liquor may be sold and consumed.
C. 
No license shall be granted for the sale of intoxicating liquor within one hundred (100) feet of any school, church, or other place of religious worship unless the license is approved by the City Council at least ten (10) days' after written notice has been provided to all owners of property within one hundred (100) feet of the proposed licensed premises of the date and time of the Council's consideration of the license. This Section shall not apply to: (i) premises issued a picnic license, or (ii) if a school, church, or place of worship was established within one hundred (100) feet of any existing and licensed business already selling intoxicating liquor and the use of the premises for the sale of intoxicating liquor has been lawful and not interrupted for more than six (6) months.
[Ord. No. 1249 § 1, 6-20-2016]
A. 
No person shall qualify for a license under this Chapter if that person, or any partner, manager, officer, director or any individual owning ten per cent (10%) or more of the stock or financial interest therein:
1. 
Does not receive a favorable recommendation from the Chief of Police;
2. 
Is not of good moral character and current on all taxes for which he/she is liable to the City, the State, the County, or the municipality in which he/she resides;
3. 
Is not at least twenty-one (21) years of age;
4. 
Has been convicted of a felony or of violating the provisions of any law applicable to the sale or manufacture of intoxicating liquor, provided that no person shall be denied a license solely due to a single conviction for the unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment;
5. 
Has been convicted of violating the provisions of any law involving the distribution, sale or possession of any controlled substance or dangerous drug;
6. 
Has had a prior revocation of a liquor license;
7. 
Makes a false statement of material fact, or by deliberate omission is untruthful, in the application for a license; or
8. 
Does not otherwise comply with all laws and regulations related to liquor control established by the State of Missouri, including but not limited to Chapter 311, RSMo., and the City of Breckenridge Hills, including but not limited to this Chapter, provided, however, no license shall be denied if the actionable violation(s) occurred more than three (3) years prior to the date of the Council's license determination.
[Ord. No. 1249 § 1, 6-20-2016]
A. 
The Chief of Police shall supervise an investigation of the validity of the statements contained in each application for a license under this Chapter, including a criminal background check as provided herein. Applications shall be made at least thirty-one (31) days prior to the date that the applicant desires to commence selling or dispensing intoxicating liquor. The Police Department is not required to conduct an investigation of any person who has submitted an incomplete application packet.
B. 
A license applicant shall submit a set of his/her fingerprints taken by the Breckenridge Hills Police Department for transmission to the Missouri State Highway Patrol ("MSHP") in the form and manner required or allowed by the MSHP as provided herein.
1. 
The MSHP shall, consistent with Section 43.535, RSMo., use the fingerprints to search Missouri's criminal records repository and submit the fingerprints to the Federal Bureau of Investigation for a search of Federal criminal history files. The results of the Federal Bureau of Investigation check will be returned to the MSHP, which will provide the State and national results to the City.
2. 
An applicant may request and receive a copy of his/her criminal history record information from the City. If the applicant believes that the information contained in the criminal history record is not correct, the burden is on the applicant to amend or correct his/her record.
3. 
All criminal record check information shall be confidential, and any person who discloses the information beyond the scope allowed herein is guilty of a violation of a Missouri Class A misdemeanor.
4. 
Every applicant required to submit to a fingerprint check pursuant to this Chapter shall pay to the City the actual fee paid by the City to the MSHP for performing the fingerprint check.
C. 
The Police Chief shall determine whether the applicant has been convicted of or is under pending indictment for a crime that bears upon the applicant's qualifications or the validity of the statements contained in the application. At the conclusion of the investigation the Police Chief shall render a report recommending approval or denial of the application to the City Council. Any recommendation for denial shall include a justification based on the standards for approval and issuance.
D. 
The chief's recommendation shall be presented to the City Council at the next regular or special meeting after issuance of the report. Upon approval of the application by a majority of the Council, the City Clerk shall grant the applicant the requested license for a term to expire effective through the last day of the following February.
E. 
Applications for renewal of licenses must be filed on or before January 15 of each calender year and be accompanied by the appropriate fee.
1. 
Renewal applications shall be reviewed by the City Council at its next meeting.
2. 
Failure to make a timely application for the renewal of such license shall result in a penalty of ten dollars ($10.00) per day for each day the renewal application is late. Tardiness in filing the application, together with the fee, plus penalty, shall extend for the same number of days the period in which the Council may render its renewal determination.
3. 
The license shall be renewed on Council approval. If any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of the license, the Council shall conduct a hearing on the application for license renewal as provided in Section 600.280 herein.
F. 
Notwithstanding anything herein to the contrary, an applicant who is licensed by the City to sell intoxicating liquor, whether in the original package or by the drink, and who is otherwise qualified for the permit sought, shall not be subject to a criminal background check for a tasting permit or a special event permit unless the Chief of Police reasonably determines that a criminal background check is necessary.
[Ord. No. 1253 § 1, 9-19-2016]
[Ord. No. 1249 § 1, 6-20-2016]
A. 
Licenses and fees are hereby established as follows:
1. 
Retail Liquor By The Drink License (Including Original Package Sales). Issued for the sale of all kinds of intoxicating liquor at retail by the drink for consumption on the premises where sold, and also allows the sale of intoxicating liquor in the original package, not for consumption on the premises nor for resale, between the hours of 6:00 a.m. and 1:30 a.m. on weekdays and on Saturday from 6:00 a.m. until 1:30 a.m. on Sunday. The annual fee shall be four hundred fifty dollars ($450.00).
2. 
Sunday By Drink License (Including Original Package Sales). Issued for the sale of all kinds of intoxicating liquor at retail by the drink for consumption on the premises, only between the hours of 9:00 a.m. and midnight on Sunday, and shall also allow the sale of intoxicating liquor in the original package, not for consumption on the premises nor for resale. Only persons issued a "retail liquor by the drink license" may apply for this additional license. The annual fee shall be three hundred dollars ($300.00).
3. 
Original Package License (Not Including Sunday Sales). Issued for the sale of all types of intoxicating liquors in the original package, not for consumption on the premises nor for resale, from 6:00 a.m. on weekdays to the next day at 1:30 a.m. and on Saturday from 6:00 a.m. until 1:30 a.m. on Sunday. The annual fee shall be one hundred fifty dollars ($150.00).
4. 
Original Package License (Sunday Sales). Issued for the sale of all types of intoxicating liquors in the original package, not for consumption on the premises nor for resale, on Sunday between the hours of 9:00 a.m. and midnight. Only persons having been issued a license for "original package (not including Sunday sales)" license may apply for this additional license. The annual fee shall be three hundred dollars ($300.00).
5. 
Consumption Of Intoxicating Liquor On Premises License. Issued to any establishment where food, beverage or entertainment are sold or provided for compensation and where patrons are allowed to bring their own intoxicating liquor on the premises for consumption. The annual fee shall be ninety dollars ($90.00).
6. 
Picnic License. Issued for the temporary sale of all kinds of intoxicating liquor at retail by the drink for consumption on the premises where sold by any church, school, civic, service, fraternal, veteran, political, charitable club or organization between the hours of 11:00 a.m. and midnight daily for sale at a picnic, bazaar, fair, or similar gathering. Said permit shall be issued only for the day or days named therein and it shall not authorize the sale of the aforesaid beverages for more than seven (7) days by any said organization as described above in any fiscal year. The fee for this license shall be thirty-seven dollars fifty cents ($37.50).
7. 
Tasting Permit. Issued to persons licensed to sell intoxicating liquor in the original package at retail for the purpose of conducting wine, malt beverage, and distilled spirit tastings on the licensed premises from 6:00 a.m. on weekdays to the next day at 1:30 a.m. and on Saturday from 6:00 a.m. until 1:30 a.m. on Sunday. Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages, or distilled spirits by the drink for on-premises consumption on the premises. The annual fee shall be thirty-seven dollars fifty cents ($37.50).
B. 
The fees to be charged under this Article shall be in addition to any merchant's license or gross receipts fee otherwise imposed by law.
[Ord. No. 1253 § 2, 9-19-2016]
[Ord. No. 1249 § 1, 6-20-2016]
The annual licenses issued hereunder shall be dated March 1 and shall expire on the last day of the following February, and fees shall be paid annually in advance of the issuance of renewal thereof. Licenses may be issued for a part of a year for businesses started after March 1, and proportionate fees may be charged, but all licenses shall expire on the last day of the following February.
[Ord. No. 1249 § 1, 6-20-2016]
A. 
No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Article, may make application and, if approved by the City Council as provided for any other license, the City 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.
B. 
Whenever one (1) or more members withdraws from a partnership or joint venture the City Clerk, upon being requested, shall permit the remaining partners or joint venturers, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
C. 
If a licensee desires to change the location of his/her place of business within the City, the licensee shall file an application in the same manner as herein provided for an original application, except that no additional fee shall be necessary and the amended license, describing the new location, shall be issued immediately upon approval of said application by the City Council. Any change of location of the enterprise prior to the issuance of such amended license shall constitute a violation of this Subsection.
[Ord. No. 1249 § 1, 6-20-2016]
All licenses issued pursuant to the provisions of this Article shall be kept conspicuously posted for public viewing in the place for which such license was issued.