Cross Reference — As to payment of fees, taxes and license charges under protest, see §
130.110.
[Ord. No. 575 §600.010, 1-23-1995; Ord. No. 06-024 §1, 4-10-2006]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
INTOXICATED CONDITION
Being under the influence of alcohol, a controlled substance
or drug, or any combination thereof.
INTOXICATING LIQUOR
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 preparation or
mixtures for beverage purposes, containing in excess of one-half of
one percent (0.5%) of alcohol by volume, except for non-intoxicating
beer as defined herein.
LIGHT WINE
Any wine containing not in excess of fourteen percent (14%)
of alcohol by weight exclusively from grapes, berries and other fruits
and vegetables.
MALT LIQUOR
Liquor manufactured from pure hops, pure extract of hops,
pure barley malt or wholesome grain or cereals and wholesome yeast
and pure water and commonly called and known as beer.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt or other wholesome grains or cereals, wholesome
yeast and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
PERSON
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court. Clubs are also included
within the meaning of the term.
[Ord. No. 575 §600.020, 1-23-1995]
No person shall sell intoxicating liquor or malt liquor in any
other place than that designated in the license issued under this
Chapter, or at any other time, or otherwise, than is authorized by
the provisions of this Chapter.
[Ord. No. 98-007, 6-22-1998; Ord. No. 98-013, 7-27-1998]
A. It
shall be unlawful for any person holding a license for the sale of
liquor authorized by this Chapter to permit nudity or partial nudity
within the premises of the licensed establishment whether said nudity
or partial nudity is displayed by employees, patrons or other persons
within said establishment. No licensee shall offer or allow nude or
semi-nude entertainment within the premises of the licensed establishment,
including but not limited to, dancing or serving of drinks or food
by nude or partially nude persons. No licensee or employee of a licensee
shall permit in or upon licensed premises the performance of any sex
acts, including but not limited to, sexual intercourse, simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation or any sexual acts that are prohibited by law. No licensee
or his/her employee shall permit in or upon the licensed premises
the actual or simulated touching, caressing or fondling of the breast,
buttocks, anus or genitals of any person.
B. "Nudity" or "partial nudity" for the purposes
of this Section shall mean the display of any of the following parts
of the human body:
1. Human male or female genitals or pubic area with less than a fully
opaque covering;
2. Any portion of the anal cleft or cleavage of the male or female buttocks.
Attire that is insufficient to comply with this requirement includes
but is not limited to G-strings, thongs and any other clothing or
covering that does not completely and opaquely cover the anal cleft
or cleavage of the male or female buttocks;
3. The portion of the human female breast directly or laterally below
a point immediately above the top of the areola with less than a fully
opaque covering; this definition shall include the entire lower portion
of the human female breast but shall not include any portion of the
cleavage of the human female breast exhibited by a dress, blouse,
shirt, leotard, bathing suit or other clothing, provided the areola
is not exposed; or
4. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
C. Any licensee who permits such nudity and any individuals who display those portions of their bodies as described in Subsection
(B) of this Section shall be deemed guilty of a misdemeanor and subject to a fine up to the amount of five hundred dollars ($500.00) per incident.
D. Any license held by a licensee who permits such nudity or partial nudity to be displayed within the licensed establishment shall be subject to suspension or revocation as set forth in Section
600.190 of the Herculaneum Municipal Code.
[Ord. No. 575 §600.040, 1-23-1995; Ord. No. 06-055 §1, 7-24-2006]
A. 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. 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. 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.
[Ord. No. 575 §600.050, 1-23-1995]
It shall be unlawful for the holder of any license authorized
by this Chapter for the sale of any intoxicating liquor or malt liquor
at retail by the drink, for consumption on the premises where sold,
to keep or secrete, or to allow any other person to keep or secrete,
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.
[Ord. No. 575 §600.060, 1-23-1995]
Any person who shall bring into any place of business licensed
under the provisions of this Chapter any intoxicating liquors or malt
liquors, other than those authorized by the license, which have been
opened, or shall consume or attempt to consume any such liquors upon
such premises shall be guilty of a misdemeanor.
[Ord. No. 575 §600.070, 1-23-1995]
It shall be unlawful to display in any street window or show
window any intoxicating liquor or malt liquor or non-intoxicating
beer or any package, bottle or container bearing the label or brand
of any intoxicating liquor or malt liquor or non-intoxicating beer.
[Ord. No. 575 §600.080, 1-23-1995; Ord. No. 06-061 §1, 7-24-2006]
Any licensee under this Chapter or his 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 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.
[Ord. No. 575 §600.090, 1-23-1995; Ord. No. 06-024 §1, 4-10-2006]
A. It
shall be unlawful for any person under the age of twenty-one (21)
years to purchase, attempt to purchase or possess intoxicating liquor
or malt liquor or non-intoxicating beer, nor shall any person under
the age of twenty-one (21) years have in his/her possession, either
on his/her person or in a vehicle in which he/she is riding or sitting,
any intoxicating liquor or malt liquor or non-intoxicating beer, except
when such minor shall be accompanied by a parent, lawful guardian
or spouse who is over the age of twenty-one (21) years.
B. It
shall be unlawful for any person to obtain and convey, make available
or deposit intoxicating liquor or malt liquor or non-intoxicating
beer in any place where such person knows, or by the exercise of reasonable
care should know, that a person under the age of twenty-one (21) years
is liable or likely to come into possession of the same.
C. It
shall be unlawful for any person over the age of seventeen (17) years
and under the age of twenty-one (21) years to misrepresent his/her
age or make a false statement willfully about his/her age to anyone
for the purpose of purchasing or in any way procuring from anyone
intoxicating liquor or malt liquor or non-intoxicating beer.
D. It
shall be unlawful for any person to purchase or otherwise provide
intoxicating liquor or malt liquor or non-intoxicating beer for any
person under the age of twenty-one (21) years.
E. It
shall be unlawful for any person under the age of twenty-one (21)
years to purchase or otherwise provide intoxicating liquor or malt
liquor or non-intoxicating beer for any other person under the age
of twenty-one (21) years.
F. It shall be unlawful for any person under the age of twenty-one (21) years to be in an intoxicated condition as defined in Section
600.010 of the Code of Ordinances, City of Herculaneum, or to have a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood.
G. The
other provisions of this Section notwithstanding, a person eighteen
(18) years of age or older may sell or handle intoxicating liquor
or malt liquor or non-intoxicating beer under the circumstances described
in Section 311.300, RSMo.
H. Violation
of this Section is declared to be a misdemeanor.
[Ord. No. 06-062 §1, 7-24-2006]
A. The Supervisor of Alcohol and Tobacco Control shall not use minors to enforce the laws of this Chapter or Chapter 312, RSMo., unless the Supervisor promulgates rules and regulations that establish standards for the use of minors. The standards shall include those in Subsection
(B) of this Section.
B. The
Supervisor shall establish by July 1, 2006, permissive standards for
the use of minors in investigations by any State, County, municipal
or other local law enforcement authority and which shall, at a minimum,
provide for the following:
1. The minor shall be eighteen (18) or nineteen (19) years of age;
2. The minor shall have a youthful appearance and the minor, if a male,
shall not have facial hair or a receding hairline;
3. The minor shall carry his or her own identification showing the minor's
correct date of birth and shall, upon request, produce such identification
to the seller of the intoxicating liquor or non-intoxicating beer
at the licensed establishment;
4. The minor shall answer truthfully any questions about his or her
age and shall not remain silent when asked questions regarding his
or her age, nor misrepresent anything in order to induce a sale of
intoxicating liquor or non-intoxicating beer.
C. The
Supervisor of Alcohol and Tobacco Control shall not participate with
any State, County, municipal or other local law enforcement agency,
nor discipline any licensed establishment when any State, County,
municipal or other law enforcement agency chooses not to follow the
Supervisor's permissive standards.
D. Any
minors used in investigations under this Section shall be exempt from
any violations under this Chapter or Chapters 311 and 312, RSMo.,
during the time they are under direct control of the State, County,
municipal or other law enforcement authorities.
[Ord. No. 575 §600.100, 1-23-1995]
No holder of a license under this Chapter, or any other person,
shall for any purpose whatsoever mix, or permit or cause to be mixed,
with any intoxicating liquor or malt liquor or non-intoxicating beer
kept for sale, sold or supplied by him/her as a beverage, any drug
or other form of ethyl alcohol or impure form of alcohol.
[Ord. No. 575 §600.110, 1-23-1995]
A. It
shall be unlawful for any person to sell or to keep for sale any intoxicating
liquor or malt liquor in any quantity within the City limits unless
a license therefor shall have been duly and regularly issued as provided
in this Chapter.
B. Intoxicating
liquor or malt liquor shall be sold at retail in the original package
under a license granted by the Board of Aldermen and such intoxicating
liquor or malt liquor so sold shall not be consumed upon the premises
where sold, nor shall the original package be opened on the premises
of the vendor.
C. No
license shall be issued for the sale of intoxicating liquor or malt
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 a delicatessen, nor 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, intoxicating liquor or malt liquor, at all
times during the period for which such license is issued.
D. Intoxicating
liquor or malt liquor may be sold at retail by the drink for consumption
on the premises of the licensee upon a license granted by the Board
of Aldermen which license shall include the sale of intoxicating liquor
or malt liquor in the original package.
E. Non-intoxicating
beer may be sold at retail by the drink for consumption on the premises
under a license granted by the Board of Aldermen, and such sales shall
be made only at such times and under such circumstances as are allowed
by the laws of the State, Chapter 312, RSMo., including subsequent
amendments thereof.
F. Non-intoxicating
beer may be sold at retail in the original package under a license
granted by the Board of Aldermen, and such sales shall be made only
at such times and under such circumstances as are allowed by the laws
of the State, Chapter 312, RSMo., including subsequent amendments
thereof.
G. Notwithstanding
the other provisions of this Section and this Chapter, a permit to
sell malt liquor for consumption on the premises where sold may be
issued to any church, school or civic service, fraternal, veteran,
political or charitable club or organization for the sale of such
malt liquor at a picnic, bazaar, fair, horse show or similar gathering.
Such permit shall be issued only for the days named therein, and it
shall not authorize the sale of malt liquor for more than seven (7)
days by the club or organization in any fiscal year. The provisions
of this Chapter with regard to the location of premises licensed to
sell intoxicating liquors within certain distances of churches and
schools shall not apply to such temporary permits, nor shall the limitations
on the number of licenses permitted to be issued under this Chapter
be applicable to such permits.
H. 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 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.
I. Intoxicating
liquor and malt liquor may be sold at retail by the drink for consumption
on the premises of a restaurant bar according to the provisions of
Section 311.290, RSMo., upon a license granted by the Board of Aldermen.
[Ord. No. 31-2020, 10-5-2020]
[Ord. No. 16-2011 §1, 5-9-2011]
A. The
application for a license shall be as follows:
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APPLICATION FOR LIQUOR LICENSE
CITY OF HERCULANEUM, MISSOURI
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TO THE HONORABLE MAYOR AND MEMBERS OF THE BOARD OF ALDERMEN
OF HERCULANEUM, MISSOURI:
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I, _________________________ (applicant's name), hereby apply
to the Mayor and Board of Aldermen of Herculaneum, Missouri for a
license to sell _________________________ (type of liquor sales) at
_________________________ (address of business) operating as _________________________
(name of business) during the hours of _________________________ weekdays
_________________________ weekends and _________________________ Sundays.
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Please answer the following questions:
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1.
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Person making application is: Owner__________ Manager__________
or Agent__________
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2.
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3.
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Date of birth of applicant: _________________________ SS# _________________________
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4.
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Home address:
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Street
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City
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State
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Zip
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Business Phone: _________________________
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5.
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Is this business located within 100 feet of a school, church
or other building regularly used as a place of religious worship?
__________ If yes, has applicant obtained written consent from board
of the school, church or place of worship? __________ (Attach copy)
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6.
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Name and date of birth, social security number of all individuals
with a monetary or ownership interest in the business.
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7.
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Name, date of birth and social security number of all individuals
who will be in a management position with the business.
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8.
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Are you a native-born or naturalized citizen of the United States
of America? __________
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9.
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Are you a qualified voter and tax-paying citizen of Missouri?
__________
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10
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Have you ever had a license or permit issued by the Supervisor
of Liquor Control revoked or suspended? __________ If yes, describe:
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Check Applicable Sales Criteria:
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______
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For each license issued under the provisions of this Ordinance
for the sale at retail of all intoxicating liquor by the drink to
be consumed on the premises where sold and for the sale of all intoxicating
liquor in the original package, there shall be paid the sum of three
hundred dollars ($300.00) per year.
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For each license for the sale at retail of intoxicating liquor
in the original package not to be consumed nor the original package
opened on the premises where sold, there sold, there shall be paid
the sum of one hundred dollars ($100.00) per year.
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For each license issued under the provisions of this Ordinance
for the sale of intoxicating liquor or malt liquor by a "restaurant
bar", as described in this Chapter, there shall be paid the sum of
two hundred sixty-six dollars ($266.00), with an additional one hundred
dollars ($100.00).
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For each license for the sale at retail of non-intoxicating
beer for consumption on the premises where sold, there shall be paid
the sum of twenty-four dollars ($24.00) per year.
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For each license for the sale at retail of non-intoxicating
beer in the original package, not to be consumed nor the original
package opened on the premises where sold, there shall be paid the
sum of twenty-four dollars ($24.00) per year.
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For each license for the sale of malt liquor by a club or organization referred to in Section 600.110(G), there shall be paid the sum of fifteen dollars ($15.00) per permit.
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For each license of the sale at retail of malt liquor containing
alcohol in excess of three and two-tenths percent (3.2%) and not in
excess of five percent (5%) by weight in connection with a grocery
store, general store or other business, in the original package not
to be consumed nor the original package opened on the premises where
sold, there shall be paid the sum of twenty dollars ($20.00) per year.
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For each license for the sale of malt liquors or light wines,
or both, at retail by the drink for consumption on the premises where
sold, there shall be paid the sum of fifty-two dollars fifty cents
($52.50) per year.
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The holder of any such license may also apply for a special
license to sell intoxicating liquor at retail in the original package,
not to be consumed on the premises where sold, between the hours of
9:00 A.M. and Midnight on Sundays (this license may only be issued
to someone who already holds a license to sell intoxicating liquor
or malt liquor in the original package). The special license fee shall
be the sum of two hundred sixty-six dollars ($266.00) per year in
addition to the sum of any other license fee.
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Of the license fee to be paid for any such license, the applicant
shall pay as may 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).
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Signature Of Applicant
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Business Address:
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Subscribed and sworn before me, this _____ day of
___________, 19____.
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My commission expires:____________________________________
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Notary Public
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[Ord. No. 575 §600.120, 1-23-1995]
A. The
number of establishments, taverns or persons licensed to sell intoxicating
liquor or malt liquor or non-intoxicating beer by the drink for consumption
on the premises is hereby set, fixed and determined at not more than
ten (10).
B. The
number of establishments, taverns or persons licensed to sell intoxicating
liquor or malt liquor or non-intoxicating beer in the original package,
not to be consumed on the premises, is hereby set, fixed and determined
at not more than fifteen (15).
[Ord. No. 575 §600.130, 1-23-1995]
Any person desiring a license for the sale of intoxicating liquor
or malt liquor or non-intoxicating beer in any manner shall prepare
and file an application therefor with the City Clerk. Such application
shall contain all information called for in the form supplied by the
City Clerk and shall be signed by the applicant.
[Ord. No. 575 §600.140, 1-23-1995]
A. No
person, partnership, or corporation shall be granted a license under
this Chapter unless:
1. Such person is of good moral character and a qualified legal voter
and taxpaying citizen of the County, Town, City or Village of which
he/she is a resident;
2. The managing officer of such corporation is of good moral character
and a qualified legal voter and taxpaying citizen of the County, Town,
City or Village of which he/she is a resident;
B. No
person, partnership or corporation shall be qualified for a license
under this Chapter if:
1. Such person's license has been revoked; such person has been convicted,
since the ratification of the Twenty-first Amendment to the Constitution
of the United States, of a violation of the provisions of any law
applicable to the manufacture or sale of intoxicating liquor or malt
liquor; such person employs in his/her business any person whose license
has been revoked or who has been convicted of violating such law since
the date aforesaid; or such person or any person he/she employs in
his/her business has violated any of the provisions of the Missouri
Codified State Regulations, 11 CSR 70-2.130, as amended.
2. Such person; any member of such partnership; 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
(10%) or more of the interest in the business for which the person,
partnership or corporation is licensed under this Chapter; or any
person employed in the business licensed hereunder shall have had
a license revoked; has been convicted, since the ratification of the
Twenty-first Amendment to the Constitution of the United States, of
a violation of the provisions of any law applicable to the manufacture
or sale of intoxicating liquor or malt liquor; has violated any of
the provisions of the Missouri Codified State Regulations, 11 CSR
70-2.130, as amended; or is not a person of good moral character.
3. In the discretion of the Board of Aldermen, it is not advisable to
grant the license; the proposed location is unsatisfactory; the granting
of the license is not in the best interests of the City; or the granting
of the license may be detrimental to the health, welfare or safety
of the citizens of the City of Herculaneum.
C. As
used in this Chapter, the term "financial interest" shall mean all interest, legal or beneficial, direct or indirect,
in the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
and dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or consideration of interest
in, or for the use of, the capital devoted to the enterprise, or for
property or money advanced, loaned or otherwise made available to
the enterprise, except by way of ordinary commercial credit or bona
fide bank credit not in excess of credit customarily granted by banking
institutions, whether paid as dividends, interest or profits in the
guise of royalties, commissions, salaries or any other form whatsoever.
[Ord. No. 575 §600.150, 1-23-1995]
No license or reissue or renewal of any existing license shall
be granted under this Chapter until the application shall have been
referred to an investigating committee, consisting of three (3) members
of the Board of Aldermen, appointed by the Mayor. Such committee shall
report the result of their investigation to the Board of Aldermen
within two (2) weeks' time or at the next regular meeting of the Board
of Aldermen. Approval shall be granted only upon a favorable vote
of the Board of Aldermen. On approval by the Board of Aldermen and
payment of the license fee provided in this Chapter, an appropriate
license shall be issued to the applicant to conduct such business
in the City.
[Ord. No. 575 §600.160, 1-23-1995; Ord. No. 16-2011 §1, 5-9-2011]
A. The
license fees required and imposed under this Chapter shall be as follows:
1. For the sale of all kinds of intoxicating liquors or malt liquors
for consumption on the premises of the licensee, three hundred dollars
($300.00) per year.
2. For the sale of intoxicating liquors or malt liquors at retail in
the original package, not to be consumed on the premises of the licensee,
one hundred dollars ($100.00) per year.
3. For the sale of intoxicating liquor or malt liquor by a "restaurant
bar", as hereinbefore described in this Chapter, two hundred sixty-six
dollars ($266.00) per year, which sum shall be in addition to the
license fee for sales on Monday through Saturday.
4. For the sale of non-intoxicating beer for consumption on the premises
where sold, twenty-four dollars ($24.00) per year.
5. For the sale of non-intoxicating beer in the original package at
retail, by grocers and other merchants and dealers, twenty-four dollars
($24.00) per year.
6. For the sale of malt liquor by a club or organization referred to in Section
600.110, fifteen dollars ($15.00) per permit.
7. For the sale of malt liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and 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, the
sum of twenty dollars ($20.00) per year.
8. For the sale of malt liquors or light wines, or both, at retail by
the drink for consumption on the premises where sold, the sum of fifty-two
dollars fifty cents ($52.50) per year.
9. A special license to sell intoxicating liquor or malt liquor at retail
in the original package, not to be consumed on the premises of the
special licensee, between the hours of 9:00 A.M. and Midnight on Sundays
(this license may only be issued to someone who already holds a license
to sell intoxicating liquor or malt liquor in the original package),
the sum of two hundred sixty-six dollars ($266.00) per year in addition
to the sum of any other license fee.
B. 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).
[Ord. No. 575 §600.170, 1-23-1995]
No license issued under this Chapter shall be transferable or
assignable.
[Ord. No. 575 §600.180, 1-23-1995; Ord. No. 610, 6-23-1997]
All licenses under the provisions of this Chapter shall expire
on the thirty-first (31st) day of May next after issuance.
[Ord. No. 575 §600.190, 1-23-1995]
A. The Board of Aldermen may, after public hearing, suspend or revoke any license issued under this Chapter for violation of any of the provisions of this Chapter; for ineligibility of the licensee under Section
600.140; or for violation of Missouri Codified Regulation, 11 CSR 70.2.130, as amended.
B. Notice of the public hearing as provided in Subsection
(A) of this Section shall be given in writing to the licensee, either personally or by certified mail addressed to the licensee at the address given for the premises licensed, at least ten (10) days prior to the date the hearing is set. The notice shall state the purpose of the hearing and such additional information necessary to apprise the licensee of the nature of the proceedings against him/her.
C. When
the Board of Aldermen renders its decision, it shall forthwith notify
the licensee in writing of its decision.
D. Any
person whose license is suspended or revoked by the Board of Aldermen
may appeal such suspension or revocation to the Circuit Court of the
County by filing a written notice of such appeal in the manner prescribed
by the Missouri Supreme Court Rules. Such an appeal will stay the
enforcement of the Board of Aldermen's decision.
[Ord. No. 575 §600.200, 1-23-1995]
A. Any
person violating any of the provisions of this Chapter, except where
some penalty is otherwise provided, shall, upon conviction thereof,
be adjudged guilty of a misdemeanor.
B. Upon
conviction of any person under the provisions of this Chapter, it
shall be the duty of the Municipal Judge to certify such conviction
to the Board of Aldermen.
[Ord. No. 575 §600.210, 1-23-1995]
No person shall have more than three (3) licenses, or be directly
or indirectly interested in any business of any other person, to sell
intoxicating liquor or malt liquor or non-intoxicating beer of any
kind.
[Ord. No. 575 §600.220, 1-23-1995]
In case of revocation, forfeiture, abandonment or non-use 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.
[Ord. No. 575 §600.230, 1-23-1995]
In case of denial of a State license by the State Division of
Liquor Control or in the case of death or physical incapacitation
of the licensee, the City shall, upon request in writing, refund the
license fee to the licensee or the survivor of such license on a pro-rated
basis.
[Ord. No. 06-054 §1, 7-24-2006]
A. Distillers,
wholesalers, winemakers, brewers or their employees, officers or agents
shall not, except as provided in this Section, directly or indirectly,
have any financial interest in the retail business for sale of intoxicating
liquors and shall not, except as provided in this Section, directly
or indirectly, loan, give away or furnish equipment, money, credit
or property of any kind, except ordinary commercial credit for liquors
sold to such retail dealers. However, notwithstanding any other provision
of this Chapter to the contrary, for the purpose of the promotion
of tourism, a distiller whose manufacturing establishment is located
within the City of Herculaneum may apply for and the Supervisor of
Liquor Control may issue a license to sell intoxicating liquor, as
in this Chapter defined, by the drink at retail for consumption on
the premises where sold; and provided further, that the premises so
licensed shall be in close proximity to the distillery and may remain
open between the hours of 6:00 A.M. and Midnight, Monday through Saturday
and between the hours of 11:00 A.M. and 9:00 P.M., Sunday. The authority
for the collection of fees by Cities and Counties as provided in Section
311.220, RSMo., and all other laws and regulations relating to the
sale of liquor by the drink for consumption on the premises where
sold, shall apply to the holder of a license issued under the provisions
of this Section in the same manner as they apply to establishments
licensed under the provisions of Sections 311.085, 311.090 or 311.095,
RSMo.
B. Any distiller, wholesaler, winemaker or brewer who shall violate the provisions of Subsection
(A) of this Section, or permit his employees, officers or agents to do so, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as follows:
1. For the first (1st) offense by a fine of one thousand dollars ($1,000.00);
2. For a second (2nd) offense by a fine of five thousand dollars ($5,000.00);
and
3. For a third (3rd) or subsequent offense by a fine of ten thousand
dollars ($10,000.00) or the license of such person shall be revoked.
C. As
used in this Section, the following terms mean:
CONSUMER ADVERTISING SPECIALTIES
Advertising items that are designed to be carried away by
the consumer, such items include, but are not limited to: trading
stamps, non-alcoholic mixers, pouring racks, ash trays, bottle or
can openers, cork screws, shopping bags, matches, printed recipes,
pamphlets, cards, leaflets, blotters, postcards, pencils, shirts,
caps and visors.
EQUIPMENT AND SUPPLIES
Glassware (or similar containers made of other material),
dispensing accessories, carbon dioxide (and other gases used in dispensing
equipment) or ice. "Dispensing accessories" include
standards, faucets, cold plates, rods, vents, taps, tap standards,
hoses, washers, couplings, gas gauges, vent tongues, shanks and check
valves.
POINT OF SALE ADVERTISING MATERIALS
Advertising items designed to be used within a retail business
establishment to attract consumer attention to the products of a distiller,
wholesaler, winemaker or brewer. Such materials include, but are not
limited to: posters, placards, designs, inside signs (electric, mechanical
or otherwise), window decorations, trays, coasters, mats, menu cards,
meal checks, paper napkins, foam scrapers, back bar mats, thermometers,
clocks, calendars and alcoholic beverage lists or menus.
PRODUCT DISPLAY
Wine racks, bins, barrels, casks, shelving or similar items
the primary function of which is to hold and display consumer products.
PROMOTION
An advertising and publicity campaign to further the acceptance
and sale of the merchandise or products of a distiller, wholesaler,
winemaker or brewer.
D. Notwithstanding
other provisions contained herein, the distiller, wholesaler, winemaker
or brewer or their employees, officers or agents may engage in the
following activities with a retail licensee licensed pursuant to this
Chapter or Chapter 312, RSMo.:
1. The distiller, wholesaler, winemaker or brewer may give or sell product
displays to a retail business if all of the following requirements
are met:
a. The total value of all product displays given or sold to a retail
business shall not exceed three hundred dollars ($300.00) per brand
at any one (1) time in any one (1) retail outlet. There shall be no
combining or pooling of the three hundred dollar ($300.00) limit to
provide a retail business a product display in excess of three hundred
dollars ($300.00) per brand. The value of a product display is the
actual cost to the distiller, wholesaler, winemaker or brewer who
initially purchased such product display. Transportation and installation
costs shall be excluded;
b. All product displays shall bear in a conspicuous manner substantial
advertising matter on the product or the name of the distiller, wholesaler,
winemaker or brewer. The name and address of the retail business may
appear on the product displays; and
c. The giving or selling of product displays may be conditioned on the
purchase of intoxicating beverages advertised on the displays by the
retail business in a quantity necessary for the initial completion
of the product display. No other condition shall be imposed by the
distiller, wholesaler, winemaker or brewer on the retail business
in order for such retail business to obtain the product display.
2. Notwithstanding any provision of law to the contrary, the distiller,
wholesaler, winemaker or brewer may give or sell any point-of-sale
advertising materials and consumer advertising specialties to a retail
business if all the following requirements are met:
a. The total value of all point-of-sale advertising materials and consumer
advertising specialties given or sold to a retail business shall not
exceed five hundred dollars ($500.00) per year, per brand, per retail
outlet. The value of point-of-sale advertising materials and consumer
advertising specialties is the actual cost to the distiller, wholesaler,
winemaker or brewer who initially purchased such item. Transportation
and installation costs shall be excluded;
b. All point-of sale advertising materials and consumer advertising
specialties shall bear in a conspicuous manner substantial advertising
matter about the product or the name of the distiller, wholesaler,
winemaker or brewer. The name, address and logos of the retail business
may appear on the point-of-sale advertising materials or the consumer
advertising specialties; and
c. The distiller, wholesaler, winemaker or brewer shall not directly
or indirectly pay or credit the retail business for using or distributing
the point-of-sale advertising materials or consumer advertising specialties
or for any incidental expenses arising from their use or distribution.
3. A malt beverage wholesaler or brewer may give a gift not to exceed
a value of one thousand dollars ($1,000.00) per year or sell something
of value to a holder of a temporary permit as defined in Section 311.482,
RSMo.
4. The distiller, wholesaler, winemaker or brewer may sell equipment
or supplies to a retail business if all the following requirements
are met:
a. The equipment and supplies shall be sold at a price not less than
the cost to the distiller, wholesaler, winemaker or brewer who initially
purchased such equipment and supplies; and
b. The price charged for the equipment and supplies shall be collected
in accordance with credit regulations as established in the Code of
State regulations.
5. The distiller, wholesaler, winemaker or brewer may install dispensing
accessories at the retail business establishment which shall include,
for the purposes of intoxicating and non-intoxicating beer, equipment
to properly preserve and serve draught beer only and to facilitate
the delivery to the retailer the brewers and wholesalers may lend,
give, rent or sell and they may install or repair any of the following
items or render to retail licensees any of the following services:
beer coils and coil cleaning, sleeves and wrappings, box couplings
and draft arms, beer faucets and tap markers, beer and air hose, taps,
vents and washers, gauges and regulators, beer and air distributors,
beer line insulation, coil flush hose, couplings and bucket pumps,
portable coil boxes, air pumps, blankets or other coverings for temporary
wrappings of barrels, coil box overflow pipes, tilting platforms,
bumper boards, skids, cellar ladders and ramps, angle irons, ice box
grates, floor runways and damage caused by any beer delivery excluding
normal wear and tear and a complete record of equipment furnished
and installed and repairs and service made or rendered must be kept
by the brewer or wholesalers furnishing, making or rendering same
for a period of not less than one (1) year.
6. The distiller, wholesaler, winemaker or brewer may furnish, give
or sell coil cleaning service to a retailer of distilled spirits,
wine or malt beverages.
7. A wholesaler of intoxicating liquor may furnish or give and a retailer
may accept a sample of distilled spirits or wine as long as the retailer
has not previously purchased the brand from that wholesaler, if all
the following requirements are met:
a. The wholesaler may furnish or give not more than seven hundred fifty
(750) milliliters of any brand of distilled spirits and not more than
seven hundred fifty (750) milliliters of any brand of wine; if a particular
product is not available in a size within the quantity limitations
of this Subsection, a wholesaler may furnish or give to a retailer
the next larger size;
b. The wholesaler shall keep a record of the name of the retailer and
the quantity of each brand furnished or given to such retailer;
c. For the proposes of this Subsection, no samples of intoxicating liquor
provided to retailers shall be consumed on the premises nor shall
any sample of intoxicating liquor be opened on the premises of the
retailer except as provided by the retail license;
d. For the propose of this Subsection, the word "brand" refers to differences in brand name of product or differences in
nature of product; examples of different brands would be products
having a difference in: brand name; class, type or kind designation;
appellation of origin (wine); viticulture area (wine); vintage date
(wine); age (distilled spirits); or proof (distilled spirits); differences
in packaging such a different style, type, size of container, or differences
in color or design of a label are not considered different brands.
8. The distiller, wholesaler, winemaker or brewer may package and distribute
intoxicating beverages in combination with other non-alcoholic items
as originally packaged by the supplier for sale ultimately to consumers;
notwithstanding any provision of law to the contrary, for the purpose
of this Subsection, intoxicating liquor and wine wholesalers are not
required to charge for non-alcoholic items any more than the actual
cost of purchasing such non-alcoholic items from the supplier.
9. The distiller, wholesaler, winemaker or brewer may sell or give the
retail business newspaper cuts, mats or engraved blocks for use in
the advertisements of the retail business.
10. The distiller, wholesaler, winemaker or brewer may in an advertisement
list the names and addresses of two (2) or more unaffiliated retail
businesses selling its product if all of the following requirements
are met:
a. The advertisement shall not contain the retail price of the product;
b. The listing of the retail businesses shall be the only reference
to such retail businesses in the advertisement;
c. The listing of the retail businesses shall be relatively inconspicuous
in relation to the advertisement as a whole; and
d. The advertisement shall not refer only to one (1) retail business
or only to a retail business controlled directly or indirectly by
the same retail business.
11. Notwithstanding any other provision of law to the contrary, distillers,
winemakers, wholesalers, brewers or retailers may conduct a local
or national sweepstakes/contest upon a licensed retail premise. However,
no money or something of value may be given to the retailer for the
privilege or opportunity of conducting the sweepstakes or contest.
12. The distiller, wholesaler, winemaker or brewer may stock, rotate,
rearrange or reset the products sold by such distiller, wholesaler,
winemaker or brewer at the establishment of the retail business so
long as the products of any other distiller, wholesaler, winemaker
or brewer are not altered or disturbed.
13. The distiller, wholesaler, winemaker or brewer may provide a recommended
shelf plan or shelf schematic for distilled spirits, wine or malt
beverages.
14. The distiller, wholesaler, winemaker or brewer participating in the
activities of a retail business association may do any of the following:
a. Display its products at a convention or trade show;
b. Rent display booth space if the rental fee is the same paid by all
others renting similar space at the association activity;
c. Provide its own hospitality which is independent from the association
activity;
d. Purchase tickets to functions and pay registration fees if such purchase
or payment is the same as that paid by all attendees, participants
or exhibitors at the association activity; and
e. Make payments for advertisements in programs or brochures issued
by retail business associations at a convention or trade show if the
total payments made for all such advertisements do not exceed three
hundred dollars ($300.00) per year for any retail business association.
15. The distiller, wholesaler, winemaker or brewer may sell its other
merchandise which does not consist of intoxicating beverages to a
retail business if the following requirements are met:
a. The distiller, wholesaler, winemaker or brewer shall also be in business
as a bona fide producer or vendor of such merchandise;
b. The merchandise shall be sold at its fair market value;
c. The merchandise is not sold in combination with distilled spirits,
wines or malt beverages except as provided in this Section;
d. The acquisition or production costs of the merchandise shall appear
on the purchase invoices or records of the distiller, wholesaler,
winemaker or brewer; and
e. The individual selling prices of merchandise and intoxicating beverages
sold to a retail business in a single transaction shall be determined
by commercial documents covering the sales transaction.
16. The distiller, wholesaler, winemaker or brewer may sell or give an
outside sign to a retail business if the following requirements are
met:
a. The sign shall bear in a conspicuous manner substantial advertising
matter about the product or the name of the distiller, wholesaler,
winemaker or brewer;
b. The retail business shall not be compensated, directly or indirectly,
for displaying the sign; and
c. The cost of the sign shall not exceed four hundred dollars ($400.00).
17. A wholesaler may, but shall not be required to, exchange for an equal
quantity of identical product or allow credit against outstanding
indebtedness for intoxicating liquor with alcohol content of less
than five percent (5%) by weight or non-intoxicating beer that was
delivered in a damaged condition or damaged while in the possession
of the retailer.
18. To assure and control product quality, wholesalers at the time of
a regular delivery may, but shall not be required to, withdraw, with
the permission of the retailer, a quantity of intoxicating liquor
with alcohol content of less than five percent (5%) by weight or non-intoxicating
beer in its undamaged original carton from the retailer's stock, if
the wholesaler replaces the product with an equal quantity of identical
product.
19. In addition to withdrawals authorized pursuant to Subdivision (18)
of this Subsection, to assure and control product quality, wholesalers
at the time of a regular delivery may, but shall not be required to,
withdraw, with the permission of the retailer, a quantity of intoxicating
liquor with alcohol content of less than five percent (5%) by weight
and non-intoxicating beer in its undamaged original carton from the
retailer's stock and give the retailer credit against outstanding
indebtedness for the product if:
a. The product is withdrawn at least thirty (30) days after initial
delivery and within twenty-one (21) days of the date considered by
the manufacturer of the product to be the date the product becomes
inappropriate for sale to a consumer; and
b. The quantity of product withdrawn does not exceed the equivalent
of twenty-five (25) cases of twenty-four (24) twelve (12) ounce containers;
and
c. To assure and control product quality, a wholesaler may, but not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight or non-intoxicating
beer in a container with a capacity of four (4) gallons or more, delivered
but not used, if the wholesaler removes the product within seven (7)
days of the initial delivery.
20. Nothing in this Section authorizes consignment sales.
E. All
contracts entered into between distillers, brewers and winemakers,
or their officers or directors, in any way concerning any of their
products, obligating such retail dealers to buy or sell only the products
of any such distillers, brewers or winemakers or obligating such retail
dealers to buy or sell the major part of such products required by
such retail vendors from any such distiller, brewer or winemaker shall
be void and unenforceable in any court in this State.
F. Notwithstanding
any other provisions of this Chapter to the contrary, a distiller
or wholesaler may install dispensing accessories at the retail business
establishment which shall include, for the purposes of distilled spirits,
equipment to properly preserve and serve premixed distilled spirit
beverages only. To facilitate delivery to the retailer, the distiller
or wholesaler may lend, give, rent or sell and the distiller or wholesaler
may install or repair any of the following items or render to retail
licensees any of the following services: coils and coil cleaning,
draft arms, faucets and tap markers, taps, tap standards, tapping
heads, hoses, valves and other minor tapping equipment components,
and damage caused by any delivery excluding normal wear and tear.
A complete record of equipment furnished and installed and repairs
or service made or rendered shall be kept by the distiller or wholesaler,
furnishing, making or rendering the same for a period of not less
than one (1) year.
G. Notwithstanding
any other provision of this Chapter or Chapter 312, RSMo., to the
contrary, distillers, winemakers, brewers or their employees or officers
shall be permitted to make contributions of money or merchandise to
a licensed retail liquor dealer that is a charitable or religious
organization as defined in Section 313.005, RSMo., or an educational
institution if such contributions are unrelated to such organization's
retail operations.
H. Notwithstanding
any other provision of this Chapter or Chapter 312, RSMo., to the
contrary, a brewer or manufacturer, its employees, officers or agents
may have a financial interest in the retail business for sale of intoxicating
liquors and non-intoxicating beer at entertainment facilities owned,
in whole or in part, by the brewer or manufacturer, its subsidiaries
or affiliates including, but not limited to, arenas and stadiums used
primarily for concerts, shows and sporting events of all kinds.
I. Notwithstanding
any other provision of this Chapter or Chapter 312, RSMo., to the
contrary, for the purpose of the promotion of tourism, a wine manufacturer,
its employees, officers or agents located within this State may apply
for and the Supervisor of Liquor Control may issue a license to sell
intoxicating liquor, as defined in this Chapter, by the drink at retail
for consumption on the premises where sold, if the premises so licensed
is in close proximity to the winery. Such premises shall be closed
during the hours specified under Section 311.290, RSMo., and may remain
open between the hours of 9:00 A.M. and Midnight on Sunday.
J. Notwithstanding
any other provision of this Chapter or Chapter 312, RSMo., to the
contrary, for the purpose of the promotion of tourism, a person may
apply for and the Supervisor of Liquor Control may issue a license
to sell intoxicating liquor by the drink at retail for consumption
on the premises where sold, but seventy-five percent (75%) or more
of the intoxicating liquor sold by such licensed person shall be Missouri-produced
wines received from manufacturers licensed under Section 311.190,
RSMo. Such premises may remain open between the hours of 6:00 A.M.
and Midnight, Monday through Saturday and between the hours of 11:00
A.M. and 9:00 P.M. on Sundays.
[Ord. No. 06-057 §1, 7-24-2006]
A. Except as provided in Subsections
(B) and
(C) of this Section, it shall be unlawful for any wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent (5%) by weight to persons duly licensed to sell such intoxicating liquor and wine at retail, to discriminate between retailers or in favor of or against any retailer or group of retailers, directly or indirectly, in price, in discounts for time of payment, or in discounts on quantity of merchandise sold, or to grant, directly or indirectly, any discount, rebate, free goods, allowance or other inducement, excepting a discount not in excess of one percent (1%) for quantity of liquor and wine and a discount not in excess of one percent (1%) for payment on or before a certain date. The delivery of manufacturer rebate coupons by wholesalers to retailers shall not be a violation of this Subsection.
B. Except as provided in Subsection
(C) of this Section, any wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent (5%) by weight to persons duly licensed to sell such intoxicating liquor and wine at retail may offer a price reduction of not more than four percent (4%) of the wholesaler's price schedule for any brand, age, proof and size bottle or package. Such price reduction shall apply for a thirty (30) day period, shall not be offered by any wholesaler more than three (3) times in any calendar year and shall not be offered during successive months.
C. Any
wholesaler licensed to sell intoxicating liquor and wine containing
alcohol in excess of five percent (5%) by weight to persons duly licensed
to sell such intoxicating liquor and wine at retail may offer a price
reduction of more than four percent (4%) of the scheduled price on
close-out merchandise. "Close-out merchandise" is
any item which has been in the wholesaler's inventory for more than
six (6) months. The price of close-out merchandise may be decreased
but shall not be increased monthly for up to and including twelve
(12) consecutive months. A wholesaler shall not purchase any item
of intoxicating liquor or wine of the same year and vintage [he] the
wholesaler has classified as close-out merchandise during the period
of such classification. A wholesaler shall not purchase, sell or offer
to sell any item of intoxicating liquor or wine of the same year and
vintage the wholesaler has classified as close-out merchandise until
twenty-four (24) months have elapsed since the wholesaler's last offer
to sell the item as close-out merchandise.
D. Manufacturers
or wholesalers shall be permitted to donate or deliver or cause to
be delivered beer, wine, brandy or non-intoxicating beer for non-resale
purposes to any unlicensed person or any licensed retail dealer who
is a charitable or religious organization as defined in Section 313.005,
RSMo., or educational institution at any location or licensed premises,
provided such beer, wine, brandy or non-intoxicating beer is unrelated
to the organization's or institution's licensed retail operation.
A charge for admission to an event or activity at which beer, wine,
brandy or non-intoxicating beer is available without separate charge
shall not constitute resale for the purposes of this Subsection. Wine
used in religious ceremonies may be sold by wholesalers to a religious
organization as defined in Section 313.005, RSMo. Any manufacturer
or wholesaler providing non-resale items shall keep a record of any
deliveries made pursuant to this Subsection.
E. Manufacturers,
wholesalers, retailers and unlicensed persons may donate wine in the
original package to a charitable or religious organization as defined
in Section 313.005, RSMo., or educational institution for the sole
purpose of being auctioned by the organization or institution for
fund-raising purposes, provided the auction takes place on a retail-licensed
premises and all proceeds from the sale go into a fund of an organization
or institution that is unrelated to any licensed retail operation.
[Ord. No. 06-056 §1, 7-24-2006]
A. As
used herein, the term "vintage wine" means bottled
domestic white, rose or sparkling wine which is not less than five
(5) years old, domestic red wine which is not less than ten (10) years
old or imported white, rose, red, sparkling or port wine which is
not less than three (3) years old.
B. Notwithstanding
any other provisions of this Chapter, the City of Herculaneum or any
person legally owning, controlling or possessing a private collection
of vintage wines in their original packages, including an executor,
administrator, personal representative, guardian or conservator of
an estate, sheriff, trustee in bankruptcy, or person appointed or
authorized by a court to act upon or execute a court order or writ
of execution with regard to the disposition of that vintage wine,
is authorized to sell that vintage wine at auction on consignment
through an auctioneer licensed herein. The auctioneer involved in
such sale shall ensure that each bottle of vintage wine sold from
a private collection has a permanently fixed label stating that the
bottle was acquired from a private collection.
C. The
Supervisor of Liquor Control is hereby authorized to issue a license
to conduct auctions of vintage wine to any person licensed as an auctioneer
pursuant to Chapter 343, RSMo., and regularly conducting business
as an auctioneer at a fixed location in this State within a City in
a County of the First Classification with a Charter form of government;
provided however, that no such license to auction vintage wine may
be issued to any person, or any entity controlled in whole or in part
by a person, who:
1. Has been convicted of a felony or of any offense under this Chapter;
2. Either possesses a current license to sell intoxicating liquor at
wholesale or retail or previously possessed such a license which was
revoked for cause; or
3. Has not been continuously in business in this State as an auctioneer
for a period of ten (10) years prior to making application for such
license to auction vintage wine. The license to auction vintage wine
shall be in addition to any license or permit requirements imposed
by ordinance within the County or municipal jurisdictions in which
the auctioneer conducts such business.
D. No
auction of vintage wine may be conducted off the business premises
of the auctioneer. No vintage wine sold at auction shall be consumed
on the premises of the auctioneer, nor shall any original package
of vintage wine be opened on such premises in the course of any such
auction, except as provided herein. A license to conduct auctions
of vintage wine shall be issued for a period of one (1) year and shall
authorize the auctioneer to conduct not more than six (6) auctions
of vintage wine during such year. The license shall be issued in such
form and upon the completion of such application as may be required
by the Supervisor of Liquor Control. The fee for such license shall
be five hundred dollars ($500.00) per year.
E. The City of Herculaneum or any person legally owning, controlling or possessing a private collection of vintage wines in their original packages may ship the vintage wine, in such packages from any location within the State of Missouri to an auctioneer licensed pursuant to this act. Upon receipt of the vintage wine the auctioneer shall be responsible for the storage and warehousing thereof, for the labeling thereof pursuant to the requirements of Subsection
(B) of this Section, for the delivery of the vintage wine to the purchasers at auction and for the payment and transfer of any applicable State and local taxes in connection with the auction sale.
F. An
auctioneer licensed to sell vintage wine pursuant to this Section
may hold vintage wine tastings on the premises where an auction of
such vintage wine is to be conducted within the period of twenty-four
(24) hours immediately preceding the commencement of the auction.
G. An
auctioneer licensed pursuant to this Section shall be subject to all
restrictions, regulations and provisions of this Chapter governing
the acquisition, storage and sale of intoxicating liquor for off-premises
consumption which are not inconsistent with the provisions of this
Section.
H. An auctioneer who affixes a label to any bottle of vintage wine, as provided in Subsection
(B) of this Section, without having determined through the exercise of reasonable diligence that the wine was acquired from a bona fide private collection shall be guilty of a Class C misdemeanor and, upon a finding of or plea of guilty with regard to any such misdemeanor, shall be subject to cancellation of the license issued pursuant to Subsection
(C) of this Section.
[Ord. No. 06-058 §1, 7-24-2006]
A. As
used in this Section, the term "vintage wine" means
bottled domestic white, rose or sparkling wine which is not less than
five (5) years old, domestic red wine which is not less than ten (10)
years old or imported white, rose, red, sparkling or port wine which
is not less than three (3) years old.
B. Notwithstanding
any other provisions of this Chapter, the City of Herculaneum legally
owning, controlling or possessing a private collection of vintage
wines in their original packages is authorized to sell such vintage
wine through a sealed bid process. The City may set a minimum bid
and may reserve the right to reject all bids. The City shall designate
a municipal employee to sell vintage wine through a sealed bid process
who shall ensure that each bottle of vintage wine sold from a private
collection has a permanently fixed label stating that the bottle was
acquired from a private collection.
C. The
Supervisor of Liquor Control is hereby authorized to issue a license
to a designated municipal employee, provided that no such license
to sell vintage wine through a sealed bid process may be issued to
any person who:
1. Has been convicted of a felony or of any offense under this Chapter;
2. Either possesses a current license to sell intoxicating liquor at
wholesale or retail or previously possessed such a license which was
revoked for cause.
D. The
license to sell vintage wine through a sealed bid process shall be
in addition to any license or permit requirements imposed by ordinance
within the County or City.
E. No
vintage wine sold through the sealed bid process shall be consumed
on the premises of the City, nor shall any original package of vintage
wine be opened on such premises, except as provided herein. A license
to sell vintage wine through a sealed bid process shall be issued
for a period of one (1) year and shall authorize the designated municipal
employee to sell such wine not more than six (6) different times during
that year. The license shall be issued in such form and upon completion
of such application as may be required by the Supervisor of Liquor
Control. The fee for such license shall be fifty dollars ($50.00)
per year which shall be paid by the City.
F. The City, legally owning, controlling or possessing a private collection of vintage wines in their original packages may ship the vintage wine in such packages from any location within the State of Missouri to the designated municipal employee licensed pursuant to this Section. Upon receipt of the vintage wine, the designated municipal employee shall be responsible for the storage and warehousing thereof, for the labeling thereof pursuant to the requirements of Subsection
(B) of this Section, for the delivery of the vintage wine to the purchasers and for the payment and transfer of any applicable State and local taxes in connection with the sale.
G. The
designated municipal employee licensed to sell vintage wine pursuant
to this Section may hold vintage wine tastings on the premises where
the vintage wine is stored within the period of twenty-four (24) hours
immediately preceding the first (1st) date on which sealed bids will
be accepted.
H. The
designated municipal employee licensed pursuant to this Section shall
be subject to all restrictions, regulations and provisions of this
Chapter governing the acquisition, storage and sale of intoxicating
liquor for off-premises consumption which are not inconsistent with
the provisions of this Section.
I. A municipal employee designated by the City to sell vintage wine through a sealed bid process who affixes a label to any bottle of wine, as provided in Subsection
(B) of this Section, without having determined through the exercise of reasonable diligence that the wine was acquired from a bona fide private collection, shall be guilty of a class C misdemeanor and, upon a finding of or plea of guilty with regard to any such misdemeanor, shall be subject to a cancellation of the license issued pursuant to Subsection
(C) of this Section.
[Ord. No. 06-059 §1, 7-24-2006]
A. Notwithstanding
any other provision of law, it shall not be unlawful for the owner,
operator or employees of a restaurant bar, as defined in Section 311.097,
RSMo., to allow patrons to carry out one (1) or more bottles of unfinished
wine, nor shall it be unlawful for patrons of such restaurant bar
to carry out one (1) or more bottles of unfinished wine under the
following conditions:
1. The patron must have ordered a meal;
2. The bottle or bottles of wine must have been at least partially consumed
during the meal;
3. The restaurant bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
4. The restaurant bar must securely reseal the bottle or bottles of
wine and place them in one (1) or more one-time-use, tamperproof,
transparent bags and securely seal the bags.
B. Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection
(A) of this Section in a vehicle shall be considered to have violated any State law or City ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar furnished, one-time-use, tamperproof, transparent bags with the seals intact.
C. Notwithstanding
any other provision of law, it shall be lawful for the owner, operator
or employees of a winery to allow patrons to carry out one (1) or
more bottles of unfinished wine and it shall be lawful for patrons
of such winery to carry out one (1) or more bottles of unfinished
wine under the following conditions:
1. The bottle or bottles of wine must have been at least partially consumed
at the winery;
2. The winery must provide a dated receipt for the unfinished bottle
or bottles of wine; and
3. The winery must securely reseal the bottle or bottles of wine and
place them in one (1) or more one-time-use, tamperproof, transparent
bags and securely seal the bags.
D. Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection
(C) of this Section shall be considered to have violated any State law or City ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery furnished, one-time-use, tamperproof, transparent bags with the seals intact.
E. As
used in this Section, "winery" means any establishment
at which wine is made.
[Ord. No. 06-060 §1, 7-24-2006]
A. As
used in this Section, the following terms shall mean:
KEG
Any container capable of holding four (4) gallons or more
of beer, wine or intoxicating liquor and which is designed to dispense
beer, wine or intoxicating liquor directly from the container for
purposes of consumption. Any non-returnable container with a capacity
of less than six (6) gallons shall not be considered a keg under this
Section.
B. Each
keg sold at retail for off-premise consumption shall be labeled with
a numbered identification tag. The Division of Alcohol and Tobacco
Control may prescribe the numbered identification tags to be used
for this purpose. The recyclable numbered identification tag shall
be affixed to the handle on the top chime of the keg. The recyclable
numbered identification tag shall be supplied by the Division of Alcohol
and Tobacco Control without fee and securely affixed to the keg by
the licensee making the sale.
C. Each
retail licensee shall require each keg purchaser to present valid
identification and a minimum deposit of fifty dollars ($50.00) per
keg at the time of purchase. On the identification form provided by
the Division of Alcohol and Tobacco Control the licensee shall record
for each keg sale the date of sale, the size of keg, keg tag identification
number, the amount of container deposit, the name, address and date
of birth of the purchaser and the form of identification presented
by such purchaser. The purchaser shall sign a statement at the time
of purchase attesting to the accuracy of the purchaser's name and
address and acknowledging that misuse of the keg or its contents may
result in civil liability, criminal prosecution or both. The licensee
shall retain the identification form for a minimum of three (3) months
following the sale of the keg.
D. The licensee shall not refund a deposit for a keg that is returned without the numbered identification tag intact and legible. The licensee shall record the date of return of the keg and the condition of the numbered identification tag on the identification form required pursuant to Subsection
(C) of this Section. The licensee may retain any deposit not refunded for this reason. Upon the return of a properly tagged keg from a consumer, the licensee shall remove the tag from the keg and retain such tag with the identification form as required pursuant to Subsection
(C) of this Section.
E. The
Supervisor shall promulgate rules and regulations for the administration
of this Section and shall design all necessary forms. No rule, regulation
or portion of a rule or regulation promulgated pursuant to the authority
of this Section shall become effective unless it has been promulgated
pursuant to Chapter 536, RSMo.
[Ord. No. 06-063 §1, 7-24-2006]
A. In
addition to the charges imposed by Section 311.550, RSMo., there shall
be paid to and collected by the Director of Revenue for the privilege
of selling wine an additional charge of six cents ($0.06) per gallon
or fraction thereof. The additional charge shall be paid and collected
in the same manner and at the same time that the charges imposed by
Section 311.550, RSMo., are paid and collected.
B. Until June 30, 2006, the revenue derived from the additional charge imposed by Subsection
(A) shall be deposited by the State Treasurer to the credit of a separate account in the Marketing Development Fund created by Section 261.035, RSMo. Beginning July 1, 2006, the revenue derived from such additional charge shall be deposited by the State Treasurer in the Missouri Wine and Grape Fund created by this Section. Monies to the credit of both the Marketing Development Fund and the Missouri Wine and Grape Fund shall be used only for market development in developing programs for growing, selling and marketing of grapes and grape products grown in Missouri, including all necessary funding for the employment of experts in the fields of viticulture and enology as deemed necessary and programs aimed at improving marketing of all varieties of grapes grown in Missouri and shall be appropriated and used for no other purpose.
C. There
has been created in the State Treasury the "Missouri Wine and Grape
Fund" which shall consist of money collected under this Section. The
State Treasurer shall be custodian of the fund and shall approve disbursements
from the fund to the Department of Agriculture for use solely by the
Missouri Wine and Grape Board created under Section 262.820, RSMo.,
in accordance with Sections 30.170 and 30.180, RSMo. Upon appropriation,
money in the fund shall be used solely for the administration of this
Section. Notwithstanding the provisions of Section 33.080, RSMo.,
to the contrary, any monies remaining in the fund at the end of the
biennium shall not revert to the credit of the General Revenue Fund.
The State Treasurer shall invest monies in the fund in the same manner
as other funds are invested. Any interest and monies earned on such
investments shall be credited to the fund.
D. In addition to the charges imposed by Subsection
(A) of this Section and Section 311.550, RSMo., there shall be paid to and collected by the Director of Revenue for the privilege of selling wine an additional charge of six cents ($0.06) per gallon or fraction thereof. Until June 30, 2006, this additional six cents ($0.06) per gallon shall be deposited by the State Treasurer to the credit of a separate account in the Marketing Development Fund created by Section 261.035, RSMo. Beginning July 1, 2006, the revenue derived from such additional charge shall be deposited by the State Treasurer in the Missouri Wine and Grape Fund created in this Section.