Cross Reference — As to driving while intoxicated, see ch. 342.
[R.O. 2006 §600.010; Ord. No. 1487 §I, 4-5-2005]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least two
thousand five hundred (2,500) square feet or any outdoor golf course
with a minimum of nine holes and which has annual gross receipts of
at least one hundred thousand dollars ($100,000.00) of which at least
fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
The term "intoxicating liquor", as used
in this Chapter, shall mean and include alcohol for beverage purposes,
alcoholic, spirituous, vinous, fermented, malt or other liquors or
combination of liquors, a part of which is spirituous, vinous or fermented
and all preparations or mixtures for beverage purposes, containing
in excess of one-half of one percent (0.5%) by volume. 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, but
subject to inspection as provided by Sections 196.365 to 196.445,
RSMo.
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.
Any association or organization, whether incorporated or
not, not formed for profit, where the property and equipment of such
association or organization, exclusive of real estate, belongs to
the members thereof and is of the value of at least two thousand five
hundred dollars ($2,500.00) according to invoices. The issuance of
any license to a not-for-profit club shall not authorize the sale
of intoxicating liquors to persons other than members; however, such
sales shall be permissible to persons who are guest of and accompanied
by members or who are members of a group or organization meeting on
the club premises under sponsorship of a member of a licensed club.
Any package containing fifty (50) milliliters or more of
intoxicating liquor, excepting malt liquor, or any package containing
three (3) or more standard bottles of malt liquor.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court.
That portion of any building in which a licensee under the
provisions of this Chapter has his/her place of business and any additional
building or portion thereof used in connection therewith and the entire
lot or parcel of land on which such buildings are situated or which
are used in connection with such buildings.
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.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
An individual who sells intoxicating liquor by the drink
at retail for consumption on the premises pursuant to the provisions
of this Chapter who furnish provisions and service for use at a particular
function, occasion or event at a particular location other than the
licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective
for a period not to exceed one hundred sixty-eight (168) consecutive
hours, and shall authorize the service of alcoholic beverages at such
function, occasion or event during the hours at which alcoholic beverages
may lawfully be sold or served upon premises licensed to sell alcoholic
beverages for on-premises consumption.
Any person who exposes for or makes one (1) or more sales
for resale of intoxicating liquor within the City or conducts a business
of exposing for sale or selling intoxicating liquor for resale from
an established place of business within the City.
Any person who solicits, receives or takes orders for the
purchase and delivery at wholesale of any intoxicating liquor to any
person in this City.
[1]
Editor's Note — Section 600.020 "non-intoxicating beer license not to sell intoxicating liquor or malt liquor" and section 600.030 "sales, etc., of non-intoxicating beer to certain persons prohibited" were deleted due to chapter 312, RSMo., concerning non-intoxicating beer being repealed in its entirety per house bill 132. These sections are now reserved for the city's future use.
A.Â
Any
licensee under this Chapter, or his/her employee, who shall 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, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his/her parent or guardian who shall procure for, sell, give
away or otherwise supply intoxicating liquor to any person under the
age of twenty-one (21) years, or to any intoxicated person or any
person appearing to be in a state of intoxication, or to a habitual
drunkard, shall be deemed guilty of a misdemeanor, except that this
section shall not apply 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 any 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 when serving in
the capacity as an employee of a licensed establishment.
B.Â
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 or her parent
or guardian, is guilty of a misdemeanor.
C.Â
It
shall be a defense to prosecution under this Section if:
1.Â
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
2.Â
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
3.Â
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.
[R.O. 2006 §600.045; Ord. No. 1487 §I, 4-5-2005]
B.Â
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.
C.Â
In
any distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor but which
does not sell intoxicating liquor at retail, persons at least eighteen
(18) years of age may be employed and their duties may include the
handling of intoxicating liquor for all purposes except consumption,
sale at retail or dispensing for consumption or sale at retail.
D.Â
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
premise 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.
A.Â
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
as defined in Section 311.020, RSMo., or who is visibly intoxicated
as defined in Section 577.001, RSMo., or has 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 is guilty of a misdemeanor.
For purposes of prosecution under this Section or any other provision
of this Chapter involving an alleged illegal sale or transfer of intoxicating
liquor to a person under twenty-one (21) years of age, a manufacturer-sealed
container describing that there is intoxicating liquor therein need
not be opened or the contents therein tested to verify that there
is intoxicating liquor in such container. The alleged violator may
allege that there was not intoxicating liquor in such container, but
the burden of proof of such allegation is on such person, as it shall
be presumed that such a sealed container describing that there is
intoxicating liquor therein contains intoxicating liquor.
B.Â
For
purposes of determining violations of any provision of this Chapter,
or of any rule or regulation of the Supervisor of Alcohol and Tobacco
Control, a manufacturer-sealed container describing that there is
intoxicating liquor therein need not be opened or the contents therein
tested to verify that there is intoxicating liquor in such container.
The alleged violator may allege that there was not intoxicating liquor
in such container, but the burden of proof of such allegation is on
such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
C.Â
The
provisions of this Section shall not apply to a student who:
1.Â
Is eighteen (18) years of age or older;
2.Â
Is enrolled in an accredited college or university and is a student
in a culinary course;
3.Â
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
4.Â
Tastes a beverage under Subparagraph (3) of this Subsection 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 an 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.
|
[R.O. 2006 §600.060; Ord. No. 1487 §I, 4-5-2005]
Intoxicating liquor sold at retail in the original package,
as provided by this Chapter, shall not be consumed on the premises
where sold, nor the original package opened on the premises of the
vendor, except as otherwise provided by this Chapter. 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: drug store, cigar and tobacco
store, grocery store, general merchandise store, confectionery store
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.
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to State law, or intoxicating liquor lawfully acquired at the place
of acquisition and legally transported into this State, and lawfully
inspected, gauged and labeled as provided by State law; such intoxicating
liquor to be used in connection with the business of a druggist in
compounding medicines or as a solvent or preservant; provided, that
nothing in this Chapter shall prevent a regularly licensed druggist,
after he/she procures a license therefor, from selling intoxicating
liquor in the original package but not to be drunk or the packages
opened on the premises where sold; and provided further, that nothing
in this Chapter shall be construed as limiting the right of a physician
to prescribe intoxicating liquor in accordance with his/her professional
judgment for any patient at any time or prevent a druggist from selling
intoxicating liquor to a person on prescription from a regularly licensed
physician as above provided.
[R.O. 2006 §600.090; Ord. No. 1487 §I, 4-5-2005; Ord.
No. 1539 §I, 8-2-2005]
The license fee required and imposed under this Chapter shall
be as follows:
|
Type of License
|
Code
|
Annual Fee
| |
|---|---|---|---|
|
1.
|
Retail Liquor by the Drink
|
RBD
|
$450.00
|
|
2.
|
Restaurant Bar
|
RB
|
$300.00
|
|
3.
|
Retail Liquor by the Drink — Exempt
|
RBDE
|
$450.00
|
|
4.
|
Retail Liquor by the Drink — Caterer
|
RBDC
|
$15.00 per day
|
|
5.
|
Retail Liquor by Drink — Picnic (7 days includes Sunday)
|
RBDP
|
$37.50
|
|
6.
|
5% Beer by Drink (includes Sunday sales)
|
5BD
|
$75.00
|
|
7.
|
5% Beer by Drink — Wine
|
5BDW
|
$75.00
|
|
8.
|
5% Beer & Wine — Caterer (per day)
|
5BWC
|
$15.00
|
|
9.
|
(Reserved)
| ||
|
10.
|
Consumption of Intoxicating Liquor
|
COL
|
$90.00
|
|
11.
|
Original Package Liquor
|
OPL
|
$150.00
|
|
12.
|
Original Package 5% Beer (includes Sunday)
|
5OP
|
$75.00
|
|
13.
|
(Reserved)
| ||
|
14.
|
Sunday Original Package Liquor
|
SOP
|
$300.00
|
|
15.
|
Sunday by Drink
|
SBD
|
$300.00
|
|
16.
|
Original Package Beer/Wine Tasting
|
OPT
|
$37.50
|
|
17.
|
5% Wholesale Solicitor
|
5WS
|
$150.00
|
|
18.
|
(Reserved)
| ||
|
19.
|
Missouri Wine by the Drink
|
MWBD
|
$450.00
|
[R.O. 2006 §600.100; Ord. No. 1487 §I, 4-5-2005]
A.Â
No
person shall be granted a license to sell intoxicating liquor under
this Chapter unless such person is of good moral character, a native
born or naturalized citizen of the United States of America and a
qualified legal voter and taxpaying citizen of the County; nor shall
any corporation be granted such license unless the managing officer
of such corporation is of good moral character and a qualified legal
voter and taxpayer of the County. No person shall be granted a license
or permit whose license as such dealer has been revoked, or who has
been convicted since the ratification of the Twenty-First Amendment
to the Constitution of the United States of a violation of any of
the provisions of any law applicable to the manufacture or sale of
intoxicating liquor, or who employs in his/her business as such dealer
any person whose license has been revoked or who has been convicted
of violating such law since the date aforesaid. Neither the applicant
nor any officer, director or shareholder of a corporate applicant
shall have been convicted of a felony or 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.
B.Â
Qualifications.
1.Â
No person, partnership or corporation shall be qualified for a license
under this law if such person, any member of such partnership, or
such corporation, or any officer, director, or any stockholder owning,
legally or beneficially, directly or indirectly, ten percent (10%)
or more of the stock of such corporation, or other financial interest
therein, or ten percent or more of the interest in the business for
which the person, partnership or corporation is licensed, or any person
employed in the business licensed under this law shall have had a
license revoked under this law or shall have been convicted of violating
the provisions of any law applicable to the manufacture or sale of
intoxicating liquor since the ratification of the Twenty-First Amendment
to the Constitution of the United States, or shall not be a person
of good moral character.
2.Â
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor so long as any such employee does not
directly participate in retail sales of intoxicating liquor. Each
employer shall report the identity of any employee convicted of a
felony to the Division of Liquor Control. The Division of Liquor Control
shall promulgate rules to enforce the provisions of this Subparagraph.
3.Â
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in Section
311.060.3, RSMo.
[R.O. 2006 §600.105; Ord. No. 1487 §I, 4-5-2005]
A.Â
All
applications for licenses under the provisions of this Chapter shall
be made in writing to the Board of Aldermen on forms provided by the
City. Such forms shall provide for and contain spaces for a designation
of the kind of license desired; description of the premises to which
such license is to apply and the location or address thereof; name,
place of residence and mailing address of the person, individual,
association, partnership and names of partners or corporation and
managing officer thereof for whom a license is sought; dates and places
of all revocations of liquor licenses and all convictions of any law
applicable to the manufacture or sale of intoxicating liquor since
the ratification of the Twenty-First Amendment to the Constitution
of the United States, if any; term of the license; signature of the
applicant.
B.Â
In
the event a license is sought for the sale of intoxicating liquor
in the original package, the form shall provide for and contain spaces
for the business engaged in by the applicant and the kind of stock
of goods and invoice value thereof, exclusive of fixtures and intoxicating
liquors kept in the business store of applicant. Provided however,
that there shall be attached to new applications, other than renewals,
a photograph of the applicant and of the place of business.
[R.O. 2006 §600.120; Ord. No. 1487 §I, 4-5-2005; Ord.
No. 1849 §I, 6-2-2009]
A.Â
On
approval of the application and payment of the license tax provided
in this Chapter, the City 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. A separate license
shall be required for each place of business. Of the license tax to
be paid for any such license, the applicant shall pay as many twelfths
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).
B.Â
Applications
for renewal of licenses must be filed on or before the fifteenth (15th)
day of May of each calendar year. Applicants filing after May fifteenth
(15th) shall pay an additional amount of one hundred dollars ($100.00)
to cover additional administrative costs.
[R.O. 2006 §600.130; Ord. No. 1487 §I, 4-5-2005; Ord.
No. 1849 §II, 6-2-2009]
A.Â
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 law, may make application
and the City 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.Â
Whenever
one (1) or more members of a partnership withdraws from the partnership,
the City, 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.
[R.O. 2006 §600.140; Ord. No. 1487 §I, 4-5-2005; Ord.
No. 1849 §III, 6-2-2009]
Applications for licenses under the provisions of this Chapter
shall be filed with the City, the date of filing being noted thereon.
Upon filing an application for a license with the City, such application
shall be presented to the Police Department for an investigation of
the applicant and the proposed location and premises where the intoxicating
liquor is to be sold. The results of the investigation, application
and the report from the Police Department shall be presented to the
Board of Aldermen.
[R.O. 2006 §600.160; Ord. No. 1487 §I, 4-5-2005; Ord.
No. 1849 §IV, 6-2-2009]
No license applied for pursuant to this Chapter shall be granted
unless and until a majority of the members elected to the Board of
Aldermen shall vote in favor thereof. Upon a vote granting the license
applied for, the City shall issue such license which shall describe
the kind of license, the license fee, the premises on which sale is
to be made, the name of the license holder, the date of issuance and
period of time for which such license is granted. The license allows
the applicant to conduct business in the City until June thirtieth
(30th) following the date of issuance. Denial of license by the Board
of Aldermen shall be issued in writing.
[R.O. 2006 §600.170; Ord. No. 1487 §I, 4-5-2005]
The Board of Aldermen may, on hearing, revoke any license or
permit issued under the provisions of this Chapter, whether relative
to intoxicating liquor for a good cause shown, first having given
such licensee not less than ten (10) days' notice in writing of the
application or evoke his/her license or permit, prior to the order
of revocation, which notice shall contain the ground for such revocation
set out herein, which notice shall command the licensee to be present
at the regular, adjourned or special meeting of the Board of Aldermen
and show cause, if any, why such license should not be revoked; provided,
that the licensee shall have the full right to be represented by counsel
at the hearing and may produce witnesses and evidence in his/her behalf
at such hearing; provided further, that such notice of revocation
and hearing shall be served by the Chief of Police or any other Police
Officer of the City and may be served upon the licensee by leaving
a copy thereof with the licensee or any person or employee in charge
of the place of business of the licensee. If the evidence supports
a finding that the license should be revoked or suspended, 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. 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 decision. The Board
may delay the implementation of its order pending appeal.
[R.O. 2006 §600.180; Ord. No. 1487 §I, 4-5-2005]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Chapter for cause or otherwise,
the City shall in no event return any part of the license fee paid
for such license and such license fee shall be forfeited to the City.
A.Â
No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within one hundred (100) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B.Â
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C.Â
Subsection (A) of this Section shall not apply 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. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[R.O. 2006 §600.200; Ord. No. 1487 §I, 4-5-2005]
A.Â
No
person, corporation, employee, officer, agent, subsidiary or affiliate
thereof shall:
1.Â
Have more than three (3) licenses; or
2.Â
Be directly or indirectly interested in any business of any other
person, corporation or employee, officer, agent, subsidiary or affiliate
thereof who sells intoxicating liquor at retail by the drink for consumption
on the premises described in any license; and
3.Â
Sell intoxicating liquor at retail by the drink for consumption at
the place of sale at more than three (3) places in this State.
B.Â
Notwithstanding any other provision of this Chapter or municipal ordinance to the contrary, for the purpose of determining whether a person, corporation, employee, officer, agent, subsidiary or affiliate thereof has a disqualifying interest in more than three (3) licenses pursuant to Subsection (A) of this Section, there shall not be counted any license to sell intoxicating liquor at retail by the drink for consumption on the following premises:
1.Â
Restaurants where at least fifty percent (50%) of the gross income
of which is derived from the sale of prepared meals or food consumed
on the premises where sold; or
2.Â
Establishments which have an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on the premises where sold; or
3.Â
Facilities designed for the performance of live entertainment and
where the receipts for admission to such performances exceed one hundred
thousand dollars ($100,000.00) per calendar year; or
4.Â
Any establishment having at least forty (40) rooms for the overnight
accommodation of transient guests.
No person having a license issued pursuant to this Chapter,
nor any employee of such person, 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. Sunday and 6:00 A.M. Monday, upon or about his or her
premises. If the person has a license to sell intoxicating liquor
by the drink, his/her premises shall be and remain a closed place
as defined in this Section between the hours of 1:30 A.M. and 6:00
A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00
A.M. Monday. 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 intoxicating liquor is dispensed;
and where such licenses are held by restaurants whose business is
conducted in one (1) room only and substantial quantities of food
and merchandise other than intoxicating liquors are dispensed, then
the licensee shall keep securely locked during the hours and on the
days specified in this Section all refrigerators, cabinets, cases,
boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors
are locked and where no patrons are in the place or about the premises.
Any person violating any provision of this Section shall be deemed
guilty of a class A misdemeanor. Nothing in this Section shall be
construed to prohibit the sale or delivery of any intoxicating liquor
during any of the hours or on any of the days specified in this Section
by a wholesaler licensed under the provisions of Section 311.180,
RSMo., to a person licensed to sell the intoxicating liquor at retail.
[R.O. 2006 §600.220; Ord. No. 1487 §I, 4-5-2005]
Any person who is licensed to sell intoxicating liquor in the
original package at retail may apply for a special permit to conduct
wine, malt beverage and distilled spirit testing on the licensed premises.
[Ord. No. 2084 §I, 3-19-2013; Ord.
No. 2632, 9-7-2021]
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 6:00 A.M. on Sunday and 1:30 A.M. on
Monday.
[1]
Editor's Note — Ord. no. 2084 §I, adopted March
19, 2013, repealed section 600.210 "restaurant bar, sunday sales"
and enacted new provisions set out herein. Former section 600.210
derived from R.O. 2006 §600.230; ord. no. 1487 §I, 4-5-05.
[R.O. 2006 §600.240; Ord. No. 1487 §I, 4-5-2005; Ord. No. 2632, 9-7-2021]
Any charitable, fraternal, religious, service or veterans organization
which desires to sell liquor by the drink at retail for consumption
on the premises as described in the application on Sunday between
the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday shall, in
addition to all other licenses called for by this Section, pay an
additional three hundred dollars ($300.00) per annum for the privilege
of operating and selling intoxicating liquor by the drink on Sunday.
(The requirement of fifty percent (50%) of the gross income or an
annual gross income of at least two hundred thousand dollars ($200,000.00)
derived from the sale of food consumed on the premises for a Sunday
license shall be waived for exempt organizations.)
[R.O. 2006 §600.250; Ord. No. 1487 §I, 4-5-2005; Ord. No. 2632, 9-7-2021]
Any person who is licensed to sell intoxicating liquor in the
original package at retail may apply for a special license to sell
intoxicating liquor in the original package at retail between the
hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
[R.O. 2006 §600.260; Ord. No. 1487 §I, 4-5-2005]
When January first (1st), March seventeenth (17th), July fourth
(4th) or December thirty-first (31st) falls on Sunday and on the Sunday
immediately prior to Memorial Day and Labor Day and on the Sunday
on which the 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
the license on that day from the time and until the time which would
be lawful on another day of the week.
[R.O. 2006 §600.270; Ord. No. 1487 §I, 4-5-2005]
A.Â
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.Â
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.
