[Ord. No. 2150[2] §1, 4-11-2013]
The following words shall have the meanings set out below when
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 except for non-intoxicating
beer as defined in Section 312.010, RSMo. 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 RSMo. Sections 196.365 to 196.445.
That alcohol in excess of three and two-tenths percent (3.2%)
by weight and not in excess of five percent (5%) by weight manufactured
from pure hops, and/or pure extract of hops, and/or or pure barley
malt, and/or wholesome grains, and/or cereals and wholesome yeast
and pure water.
Shall mean and include any individual, association, joint-stock
company, syndicate, copartnership, corporation, receiver, trustee,
conservator, or other officer appointed by any state or federal court.
[1]
State Law Reference—For similar provisions, see §§311.020,
311.030 and 311.200.3, RSMo.
[2]
Editor's Note: This ordinance also repealed former Ch.
600, Alcoholic Beverages, derived from R.O of 1966, §§ 470.010,
470.020 and 470.040—470.060; Ord. No. 1155 §1, 1-8-1980;
Ord. No. 1318 §1, 6-7-1993; Ord. No. 1485 §1, 10-24-2001;
Ord. No. 1616 §1, 99-10-2003; and Ord. No. 1749 §1, 7-13-2005.
[Ord. No. 2150 §1, 4-11-2013]
There shall be no set limit on the number of liquor licenses (for either package sales or sales of liquor by the drink) that may be issued by the City of Plattsburg. However, the authority to issue such licenses shall rest solely with the Board of Aldermen of the City of Plattsburg in accordance with the requirements set forth in Section 600.040 of this Code, and such licenses may be revoked at any time by the Board of Aldermen of the City of Plattsburg in accordance with Section 600.050 of this Code.
[Ord. No. 2150 §1, 4-11-2013]
A.
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 drugstore,
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 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 by law. For every license for sale at
retail in the original package, the licensee shall pay to the City
the sum of one hundred twenty-five dollars ($125.00) per year.
B.
For a permit authorizing the sale of malt liquor not in excess of
five percent (5%) by weight by grocers and other merchants and dealers
in the original package direct to consumers but not for resale, a
fee of seventy-five dollars ($75.00) per year payable to the City
shall be required. The phrase "original package" shall be construed
and held to refer to any package containing three (3) or more standard
bottles of beer. Notwithstanding the provisions of Section RSMo. 311.290,
any person licensed pursuant to this Subsection may also sell malt
liquor at retail between the hours of 9:00 A.M. and 12:00 midnight
on Sunday.
C.
For every license issued for the sale of malt liquor at retail by
the drink for consumption on the premises where sold, the licensee
shall pay to the City the sum of fifty dollars ($50.00) per year.
D.
For every license issued for the sale of malt liquor and light wines
containing not in excess of fourteen percent (14%) alcohol by weight
made exclusively from grapes, berries and other fruits and vegetables,
at retail by the drink for consumption on the premises where sold,
the licensee shall pay to the City the sum of fifty dollars ($50.00)
per year.
E.
For every license issued for the sale of all kinds of intoxicating
liquor, at retail by the drink for consumption on the premises of
the licensee, the licensee shall pay to the City the sum of three
hundred dollars ($300.00) per year, which shall include the sale of
intoxicating liquor in the original package.
F.
In addition to any fee collected by the City, there shall be an additional
fee of fifty dollars ($50.00) from any licensee under this section
for the privilege of selling intoxicating liquor in the original package
on Sundays as permitted by law.
G.
For any person who possesses the qualifications to sell intoxicating
liquor by the drink on Sunday as permitted by law, there shall be
an additional fee paid to the City the sum of fifty dollars ($50.00).
[Ord. No. 2357, 2-14-2019]
A.
A permit for the temporary sale of all kinds of intoxicating liquor,
including intoxicating liquor in the original package, at retail by
the drink for consumption on the premises where sold may be issued
to any church, school, civic, service, fraternal, veteran, political,
or charitable club or organization between the hours of 11:00 A.M.
and 12:00 Midnight daily for sale at a picnic, bazaar, festival, fair
or similar gathering ("picnic license").
B.
The fee for a picnic license shall be thirty-seven dollars and fifty
cents ($37.50).
C.
A picnic license 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 in any fiscal year.
D.
Licensees under this Chapter are responsible for the collection and
remittance of any sales tax due.
[Ord. No. 2357, 2-14-2019]
A.
A person holding a license to sell intoxicating liquor by the drink
at retail for consumption on the premises from the State of Missouri
may obtain a license to sell intoxicating liquor at a particular function,
occasion, or event at a particular location other than said licensee's
licensed premises for up to 168 hours ("temporary caterer's permit").
This permit shall also allow the sale of intoxicating liquor in the
original package.
B.
The fee for a temporary caterer's permit shall be ten dollars
($10.00) for each calendar day, or fraction thereof, for which the
license is issued.
C.
No additional license herein shall be required of any person who
already holds a valid State and valid local caterer's license
or permit.
[Ord. No. 2150 §1, 4-11-2013]
A.
The issuance of licenses as hereinbefore set forth, rests solely
within the authority of the Board of Aldermen of the City of Plattsburg,
Missouri. The Board of Aldermen may refuse to issue an original license
or refuse to renew an existing license if, in its discretion, it is
not advisable to grant it to the applicant or if the proposed location
is unsatisfactory or if it is not in the best interests of the City
to grant another license. The application to the City should include
the following information:
1.
The exact legal description of the property in which said products
are to be sold.
2.
That the owner of the property described is identified, and
if the applicant is the owner, state encumbrances, if any, and to
whom, and if the applicant is not the owner as described, a lease
of the same covering the period of time for which the license is to
be issued must be submitted for inspection.
3.
The name under which the business is to be operated.
4.
That the applicant and the property legally described on which
the license is to be exercised are current on all City taxes, utilities
and fees.
5.
That the applicant obtain a State license in compliance with
the laws of the State of Missouri within ninety (90) days.
6.
The Board of Aldermen may act prior to the applicant's
receiving a State license; however, any approval of the Board of Aldermen
shall be a conditional approval, and the license shall not be finally
issued to the applicant until the State has approved the applicant's
State license.
[Ord. No. 2150 §1, 4-11-2013]
A.
Any license granted hereunder can be revoked by the Board of Aldermen
at their discretion; but upon the happening of the following events
the license shall be automatically revoked:
1.
If the business to which the license is issued is leased, assigned
or sold to another person, proprietorship or corporation.
2.
If the geographic location is changed from the description found
in the application for license.
3.
If the applicant does not maintain a current, valid State license
in compliance with the laws of the State of Missouri.
B.
If for any other reason, the Board of Aldermen deems it necessary
and in the best interests of the City of Plattsburg, Missouri, to
revoke any license hereunder, the City shall so notify the holder
of the license by registered mail to his or her address in Plattsburg,
Missouri, informing him or her of a hearing to be held not more than
fifteen (15) days nor less than ten (10) days after the posting of
the notice; containing in said posting a bill of particulars stating
to the licensee the causes which the Board of Aldermen deems necessary
and proper charges to be considered just cause for the revocation
of the license so issued and further, that said licensee will have
the opportunity to present any competent, relevant and material evidence
in its behalf at said hearing on revocation.
