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.
[1]
State Law References — For similar state law, see §§311.020, 311.030, 312.010, RSMo.
[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.
[1]
Editor's Note — Ord. no. 06-018 §9, adopted March 27, 2006, repealed section 600.030 "regulations governing hours of sale" in its entirety. Former section 600.030 derived from ord. no. 575 §600.030, 1-23-95; ord. no. 03-036 §§1 — 2, 9-22-03. This section has been left reserved for the City's future use.
[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.
[1]
State Law Reference — For similar state law, see §311.080, RSMo.
[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.
[1]
State Law Reference — For similar state law, see §311.330, RSMo.
[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.
[1]
State Law Reference — For similar state law, see §311.350, RSMo.
[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.
[1]
State Law Reference — For similar state law, see §§311.310, 312.400, RSMo.
[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.
[1]
State Law Reference — For state law as to sale, purchase and possession by minors generally, see §§311.300 to 311.325, 312.400 to 312.407.
[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.
[1]
State Law Reference — For similar state law, see §§311.340, 312.460, RSMo.
[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]
[1]
State Law Reference — For state law as to general requirements for licenses for sale of intoxicating liquor and non-intoxicating beer, see §§311.090, 311.100, 311.200, 311.215, 312.050, 312.090, 312.135, RSMo.
[Ord. No. 16-2011 §1, 5-9-2011]
A. 
The application for a license shall be as follows:
APPLICATION FOR LIQUOR LICENSE
CITY OF HERCULANEUM, MISSOURI
Amount Paid:
New Application:
Renewal:
TO THE HONORABLE MAYOR AND MEMBERS OF THE BOARD OF ALDERMEN OF HERCULANEUM, MISSOURI:
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.
Please answer the following questions:
1.
Person making application is: Owner__________ Manager__________ or Agent__________
2.
Full name of applicant:
3.
Date of birth of applicant: _________________________ SS# _________________________
4.
Home address:
 Street 
City
State
Zip
Business Phone: _________________________
5.
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)
6.
Name and date of birth, social security number of all individuals with a monetary or ownership interest in the business.
7.
Name, date of birth and social security number of all individuals who will be in a management position with the business.
8.
Are you a native-born or naturalized citizen of the United States of America? __________
9.
Are you a qualified voter and tax-paying citizen of Missouri? __________
10
Have you ever had a license or permit issued by the Supervisor of Liquor Control revoked or suspended? __________ If yes, describe:
Check Applicable Sales Criteria:
______
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.
______
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.
______
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).
______
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.
______
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.
______
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.
______
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.
______
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.
______
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.
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).
  Signature Of Applicant
  Business Address:
  Subscribed and sworn before me, this _____ day of ___________, 19____.
  My commission expires:____________________________________
   Notary Public
[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.
[1]
State Law References — For similar state law, see §§311.060, 312.040, RSMo.
[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).
[1]
State Law References — For state law as to authority of city to charge license fees, see §§311.220, 312.140, RSMo.; for similar state law, see §§311.097, 311.200, 311.215, 312.100, 312.135, RSMo.
[Ord. No. 575 §600.170, 1-23-1995]
No license issued under this Chapter shall be transferable or assignable.
[1]
State Law References — For similar state law as to license issued by state, see §§311.250, 312.130, RSMo.
[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.
[1]
State Law Reference — For similar state law, see §311.260, RSMo.
[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.
SUPERVISOR OF ALCOHOL AND TOBACCO CONTROL
The person appointed pursuant to Section 311.610, RSMo.
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.