[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.
