City of Berkeley, MO Chapter 600 Alcoholic Beverages

Section 600.005 Purpose.

Alcohol is, by law, an age-restricted product that is regulated differently than other products. The provisions of this Chapter establish vital regulation of the sale and distribution of alcoholic beverages in order to promote responsible consumption, combat illegal underage drinking, and achieve other important policy goals such as maintaining an orderly marketplace composed of licensed alcohol producers, importers, distributors, and retailers.

Section 600.010 Definitions.

When used in this Chapter, the following words shall have the following meanings:

CLOSED PLACE

A place where all doors are locked and where no patrons are in the place or about the premises.

INTOXICATING LIQUOR

Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.

LIGHT WINES

An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.

MALT LIQUOR

As defined by Section 311.490, RSMo.

MICROBREWERY

ORIGINAL PACKAGE

Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor, where the package and/or container(s) describes the contents thereof as intoxicating liquor. "Original package" shall also be construed and held to refer to any package containing one (1) or more standard bottles, cans or pouches of beer.

PERSON

An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court. Clubs are also included within the meaning of the term.

Section 600.020 License Required — Classes of Licenses.

A. No person shall sell or offer for sale intoxicating liquor in the City of Berkeley without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.

B. General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor:

1. Package liquor — malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold. This license may include Sunday sales as set out in Subsection (C).

2. Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.

3. Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section.

4. Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales as set out in Subsection (C).

5. Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.

C. Sunday Sales. Except for any establishment that may apply for a license under Section 311.089, RSMo., any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail may apply to the City for a special license to sell intoxicating liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.

D. Permits.

1. Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 311.482, RSMo., may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.

2. Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.

3. Tasting permit — winery, distiller, manufacturer, etc.

a. Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.

b. Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Sections 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's licensed premises as described in Section 311.090, RSMo.

c. Any winery, distiller, etc., may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises — when.

(1) Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section 311.294, RSMo., or hold a by the drink for consumption on the premises where sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.

(2) Distilled spirits, wine, or malt beverage samples may be dispensed by an employee of the retailer, winery, distiller, manufacturer or brewer or by a sampling retained by the retailer, winery, distiller, manufacturer or brewer. All sampling service employees that provide and pour intoxicating liquor samples on a licensed retail premises shall be required to complete a server training program approved by the Division of Alcohol and Tobacco Control.

(3) Any distilled spirits, wine, or malt beverage sample provided by the retailer, winery, distiller, manufacturer, wholesaler, or brewer remaining after the tasting shall be returned to the retailer, winery, distiller, manufacturer, wholesaler, or brewer.

Section 600.025 Schedule of License Fees.

A. The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:

1. General licenses.

a. Malt liquor — original package: $75.00.

b. Intoxicating liquor (all kinds) — original package: $50.00.

c. Malt liquor — by drink: $75.00.

d. Malt liquor and light wines — by drink: $75.00.

e. Intoxicating liquor (all kinds) — by drink: $450.00.

2. Sunday sales. (Additional fees)

a. Intoxicating liquor at retail: $300.00.

3. Permits.

a. Temporary permit — by the drink for certain organizations (7 days max.): $37.50.

b. Tasting permit: $37.50.

c. Caterers: $15.00 per each calendar day.

4. A microbrewer's license shall authorize the licensee to manufacture beer and malt liquor in quantities not to exceed ten thousand (10,000) barrels per annum. In lieu of the charges provided in Section 311.180, RSMo., a fee of seven dollars fifty cents ($7.50) for each one hundred (100) barrels or fraction thereof, up to a maximum license fee of three hundred seventy-five dollars ($375.00), shall be paid to and collected by the Director of Revenue.

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).

Section 600.026 Special Permit for Festivals — Limit on Shipment in State — Excise Taxes — Duration of Permit.

A special permit shall be issued to an out-of-state manufacturer of intoxicating liquor who is not licensed in the State of Missouri for participation in festivals, bazaars, or similar events. Registration requirements under Section 311.275, RSMo., shall be waived for such event. The amount of intoxicating liquor shipped in the State under this permit shall not exceed two hundred (200) gallons. Excise taxes shall be paid by the licensed manufacturer that holds a retail license organizing the event in the same manner as if it were produced or purchased by the manufacturer. A permit issued under this Section by the City shall be valid for no more than seventy-two (72) hours. An applicant shall complete a form provided by the City and the Supervisor of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars and fifty cents ($37.50) before a special permit shall be issued.

Section 600.027 Self- Dispensing of Beer or Wine Permitted, When.

A. Any person licensed to sell liquor at retail by the drink for consumption on the premises where sold may use a self-dispensing system, which is monitored and controlled by the licensee and allows patrons of the licensee to self-dispense beer or wine. Before a patron may dispense beer or wine, an employee of the licensee must first authorize an amount of beer or wine, not to exceed thirty-two (32) ounces of beer or sixteen (16) ounces of wine per patron per authorization, to be dispensed by the self-dispensing system.

B. No provision of law or rule or regulation of the City shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish self-dispensing or cooling equipment or provide services for the maintenance, sanitation, or repair of self-dispensing systems.

Section 600.028 Draft Beer, Sale of 32 to 128 Fluid Ounces Dispensed on Premises for Consumption Off Premises — Requirements.

A. Any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo., may sell from thirty-two (32) to one hundred twenty-eight (128) fluid ounces of draft beer to customers in containers filled by any employee of the retailer on the premises for consumption off such premises. Any employee of the licensee shall be at least twenty-one (21) years of age to fill containers with draft beer.

B. No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.

C. Requirements Regarding Containers.

1. Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:

a. Brand name of the product dispensed;

b. Name of brewer or bottler;

c. Class of product, such as beer, ale, lager, bock, stout, or other brewed or fermented beverage;

d. Net contents;

e. Name and address of the business that filled or refilled the container;

f. Date of fill or refill;

g. The following statement: "This product may be unfiltered and unpasteurized. Keep refrigerated at all times."

2. Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act,[1] as regulated by 27 CFR 16.20 to 16.22.

[1] Editor's Note: See 27 U.S.C. § 201 et seq.

D. Additional Regulations.

1. The filling and refilling of containers shall only occur on demand by a customer and containers shall not be prefilled by the retailer or its employee.

2. Containers shall only be filled or refilled by an employee of the retailer.

3. Containers shall be filled or refilled as follows:

a. Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:

(1) Food-grade sanitizer shall be used in accordance with the Environmental Protection Agency registered label use instructions;

(2) A container of liquid food-grade sanitizer shall be maintained for no more than ten (10) malt beverage taps that will be used for filling and refilling containers;

(3) Each container shall contain no fewer than five (5) tubes that will be used only for filling and refilling containers;

(4) The container shall be inspected visually for contamination;

(5) After each filling or refilling of a container, the tube shall be immersed in the container with the liquid food-grade sanitizer; and

(6) A different tube from the container shall be used for each filling or refilling of a container; or

b. Containers shall be filled or refilled with a contamination-free process and:

(1) The container shall be inspected visually for contamination;

(2) The container shall only be filled or refilled by the retailer's employee; and

(3) The filling or refilling shall be in compliance with the Food and Drug Administration Code 2009, Section 3-304.17(c).

4. Containers shall be filled or refilled from the bottom of the container to the top with a tube that is attached to the malt beverage faucet and extends to the bottom of the container or with a commercial filling machine.

5. When not in use, tubes to fill or refill shall be immersed and stored in a container with liquid food-grade sanitizer.

6. After filling or refilling a container, the container shall be sealed as set forth in Subsection (A) of this Section.

Section 600.029 Sale Of Retailer-Packaged Alcoholic Beverages To Customers In Containers For Off-Premises Consumption, When — Requirements.

A. Notwithstanding any provision of law to the contrary, any person who is licensed to sell intoxicating liquor at retail by the drink for on-premises consumption may sell retailer-packaged alcoholic beverages to customers in containers, filled on such premises by any employee of the retailer who is twenty-one (21) years of age or older, for off-premises consumption if all the following requirements are met:

1. The container of the alcoholic beverage is rigid, durable, leak-proof, sealable, and designed to prevent consumption without removal of the tamperproof cap or seal. A "sealable" container does not include a container with a lid with sipping holes or openings for straws;

2. The contents of each container do not exceed one hundred twenty-eight (128) ounces;

3. The patron orders and purchases a meal from the licensee simultaneous with the alcoholic beverage purchase. For purposes of this Subsection, a "meal" is defined as food that has been prepared on-premises;

4. The number of alcoholic beverages sold under this Section by a licensee for off-premises consumption is limited to twice the number of meal servings sold by the licensee for off-premises consumption;

5. The licensee provides the patron with a dated receipt or an electronic record for the meal and alcoholic beverages; and

6. The container is either:

a. Placed in a one-time-use, tamperproof, transparent bag that is securely sealed; or

b. The container opening is sealed with tamperproof tape.

7. For purposes of this Subsection, "tamperproof" means that a lid, cap, or seal visibly demonstrates when a bag or container has been opened.

B. Containers that are filled under Subsection (A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."

C. The filling of a container under this Section shall be in compliance with Section 3-304.17(c) of the 2009 Food and Drug Administration Food Code.

D. No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (A) of this Section to any person who is licensed to sell intoxicating liquor at retail.

Section 600.030 Qualifications for License.

[CC 1961 §34.03; Ord. No. 3043, 4-17-1989; Ord. No. 3191 §1, 1-6-1992]

A. No person shall be granted a license under this Chapter unless such person is of a good moral character and a citizen of the United States of America. No corporation shall be granted a license under this Chapter unless the managing officer is of good moral character and a citizen of the United States of America. No person shall be granted a license whose license, as such dealer, has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of the violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs or has employed in his/her business, as such dealers, any person whose license has been revoked or who has been convicted of violating the provisions of any such law since the date aforesaid.

B. No person and/or corporation shall be granted a license to sell, in the original package only, intoxicating liquor at any place, unless said applicant conforms to each of the following minimum requirements:

1. The business shall contain no less than one thousand five hundred (1,500) square feet of sales display area, exclusive of storage rooms and walk-in refrigeration coolers;

2. The business shall keep and maintain a stock of no less than seven hundred fifty (750) separate and distinguishable products for sale, exclusive of alcoholic beverages, tobacco products, automotive parts and supplies, and gasoline; and

3. The business must have and keep a stock of goods having a value, according to invoices, of at least fifteen thousand dollars ($15,000.00), exclusive of alcoholic beverages, tobacco products, automotive parts and supplies, and gasoline.

4. The above requirements do not apply to liquor stores.

Section 600.040 Application for License.

[CC 1961 §34.04; Ord. No. 793, 12-12-1955; Ord. No. 1927 §1, 9-5-1972]

A. Application for a license under this Chapter shall be filed with the Director of Finance on forms furnished by the Director of Finance, and shall be signed and sworn to by the applicant, and applicant shall file with the Director of Finance a petition describing the premises for which the license is to be issued and signed by seventy-five percent (75%) of the qualified voters residing within a radius of two hundred (200) feet from the outer limits of the building lot or lots on which the premises for which the license requested are situated and requesting the granting of the license. The petition shall be accompanied by the affidavit of the petitioner stating that the signatures are true. The petition is required only for applications for licenses for premises not used prior to December 12, 1955, for any of the purposes prescribed in this Chapter.

B. Upon receipt of the application by the Director of Finance, if there be a petition attached as required herein, he/she shall forward the petition to the Department of Public Works, which Department shall prepare a plat showing the premises wherein the license is being requested and the property within a radius of two hundred (200) feet thereof, and this plat shall be attached to the application.

C. If a petition is attached to the application, the City Manager shall have verified the names on the petition as to their being qualified voters, which verification shall be attached to the application.

D. All such information shall be forwarded to the Council with additional information as required in this Chapter. Once the Council has acted upon any application which contains a petition, the petition shall become a part of the City's files and shall not be returned nor utilized more than once.

E. Until the petition is filed with the Director of Finance, a person may remove his/her name from such petition by filing with the Director of Finance a sworn statement to that effect.

Section 600.050 Approval by City Council.

[CC 1961 §34.05; Ord. No. 793, 12-12-1955; Ord. No. 1019, 8-12-1957; Ord. No. 2856 §1, 2-23-1987]

A. The application for a license under this Chapter shall be presented to the City Council after investigation and report by the City Manager and the Chief of Police. Upon approval of the application by a majority of the Council and payment of the license tax, the City Manager shall grant the applicant a license to conduct business in the City of Berkeley from the date of the license to the last day of the following February, inclusive.

B. Restrictions On Location Of Licenses, When Council Authorized To Deny Issuance Or Renewal Of License. The Council reserves the right to refuse to issue a license or renew a license for the sale of intoxicating liquor when, in its judgment, the location for which the license is sought to be obtained is not in the best interests of the community, taking into consideration the proximity of homes, schools, churches, playgrounds, or other activities and conditions or circumstances; or if, in the judgment of the Council, the person previously operating an establishment for the sale of either intoxicating liquor has not conducted an orderly place, the Council may refuse to renew the license upon its expiration.

Section 600.060 Description of Premises, Transfer of License.

[CC 1961 §34.06; Ord. No. 1019, 8-12-1957]

Every license issued under this Chapter shall particularly describe the premises upon which the intoxicating liquor may be sold thereunder. Such license is not transferable or assignable and shall not authorize or permit the sale of intoxicating liquor at any other place than described therein, without consent of the Council, except charitable, religious, non-profit organizations, benevolent, fraternal associations shall have the authority and be permitted to transfer its place of business upon approval by the Council. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law may make application and the City may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership the City, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.

Section 600.070 Posting License.

[CC 1961 §34.07; Ord. No. 793, 12-12-1955]

Licenses issued under this Chapter shall be kept conspicuously posted in the place for which such license was issued.

Section 600.080 Display of Liquor.

[CC 1961 §34.08]

Except in hotels, motels, clubs, and restaurants, it shall be unlawful for any licensee to sell intoxicating liquors in a place, building, or room where there are blinds, screens, swinging doors, curtains, or any other thing in such building or room that will obstruct or obscure the interior of such room from public view from the street, or in any room not located on the ground floor or level immediately abutting on a public street; and it shall be unlawful to expose in a street window or show window any intoxicating liquor or any packages, bottles, or containers bearing the label or brand of any intoxicating liquor.

Section 600.090 Certain Holiday Sunday Sales.

[CC 1961 §34.09; Ord. No. 1637 §1, 12-18-1967; Ord. No. 3254 §3, 6-28-1993; Ord. No. 3315 §1, 3-20-1995]

Notwithstanding any other provision of this Chapter to the contrary, when January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship of the National Football League is played, commonly known as "Super Bowl Sunday", any person who is licensed to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week.

Section 600.100 Closing Hours.

[CC 1961 §34.11; Ord. No. 1544 §1, 11-1-1965; Ord. No. 2636 §1, 11-21-1983; Ord. No. 2690 §3, 11-5-1984; Ord. No. 3315 §2, 3-20-1995]

A. No licensee pursuant to this Chapter shall sell, give away, or otherwise dispose of or suffer the same to be done upon or about the licensed premises, any intoxicating liquor, in any quantity, between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. All patrons and customers of the licensee shall vacate such licensed premises no later than the time of closing.

B. Sunday Sales. Except for any establishment that may apply for a license under Section 311.089, RSMo., any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail may apply to the City for a special license to sell intoxicating liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.

Section 600.110 Selling by Others Prohibited.

[CC 1961 §34.12; Ord. No. 793, 12-12-1955]

It shall be unlawful for the holder of any license for the sale of any intoxicating 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 or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.

Section 600.120 Minors.

A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.

1. Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.

2. In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for, and sack for carry-out intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee's gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.

3. In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor but which does not sell intoxicating liquor at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail.

4. Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to:

a. Rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor; and

b. Unload delivery vehicles and transfer intoxicating liquor into retail licensed premises if such persons are supervised by a delivery vehicle driver who is twenty-one (21) years of age or older.

5. Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor in places of business which sell food for consumption on the premises if at least fifty percent (50%) of all sales in those places consists of food; provided that nothing in this Section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar, intoxicating beverages.

B. Sales To Minor — Exceptions.

1. No licensee, his/her employee or any other person shall procure for, 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, except that this Section shall not apply to the parent or guardian of the minor nor 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 such 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 while serving in the capacity as an employee of a licensed establishment.

2. Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.

3. It shall be a defense to prosecution under this Subsection if:

a. The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;

b. The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and

c. To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.

C. Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.

1. No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.

2. In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.

D. Minors In Possession Of Intoxicating Liquor.

1. No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.

2. The provisions of this Subsection shall not apply to a student who:

a. Is eighteen (18) years of age or older;

b. Is enrolled in an accredited college or university and is a student in a culinary course;

c. Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

d. Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.

3. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. "Full information" is limited to the following:

a. The type of test administered and the procedures followed;

b. The time of the collection of the blood or breath sample or urine analyzed;

c. The numerical results of the test indicating the alcohol content of the blood and breath and urine;

d. The type and status of any permit which was held by the person who performed the test;

e. If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.

"Full information" does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.

Section 600.126 Manufacturing a False Identification.

A. A person commits the offense of manufacturing a false identification if he or she possesses any means of identification for the purpose of manufacturing and providing or selling a false identification card to a person under the age of twenty-one (21) for the purpose of purchasing or obtaining alcohol.

B. The offense of manufacturing a false identification is an ordinance violation.

Section 600.127 Entertainment Facilities, Purchase Through Mobile Applications — Identification Required.

A. Notwithstanding any provision of law to the contrary, entertainment facilities including, but not limited to, arenas and stadiums used primarily for concerts, shows, and sporting events of any kind and entities selling concessions at such facilities that possess all necessary and valid licenses and permits to allow for the sale of alcoholic beverages shall not be prohibited from selling and delivering alcoholic beverages purchased through the use of mobile applications to individuals attending events on the premises of such facilities if the facilities are in compliance with all applicable State laws and regulations regarding the sale of alcoholic beverages.

B. For purposes of this Section, the term "mobile application" shall mean a computer program or software designed to be used on hand-held mobile devices such as cellular phones and tablet computers.

C. Any employee of a facility or entity selling concessions at a facility who delivers an alcoholic beverage purchased through a mobile application to an individual shall require the individual to show a valid, government-issued identification document that includes the photograph and birth date of the individual, such as a driver's license, and shall verify that the individual is twenty-one (21) years of age or older before the individual is allowed possession of the alcoholic beverage.

Section 600.130 Burden of Proof on Violator Concerning Manufacturer-Sealed Container.

For purposes of determining violations and prosecution under this Chapter, or any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was no intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

Section 600.140 through Section 600.150. (Reserved) [1]

[1] Editor's Note — Sections 600.120 "sale to minor — certain other persons, misdemeanor — exceptions", 600.130 "persons eighteen years of age or older may sell or handle liquor or beer, when" and 600.140 "purchase or possession by minor, a misdemeanor — container need not be opened and contents verified, when — burden of proof on violator to prove not intoxicating liquor" were replaced in their entirety by statutory material contained in section 600.120 hereof. At the editor's discretion, sections 600.130 and 600.140 were reserved for the city's future use.

Section 600.160 Falsifying Age of Minor.

[CC 1961 §34.14]

It is hereby declared unlawful for any person to give, lend, or sell or otherwise provide any person between the ages of seventeen (17) and twenty-one (21) years any falsified identification, or the identification of another person, for the purpose of establishing the age of such person as being twenty-one (21) years of age or older.

Section 600.170 (Reserved) [1]

[1] Editor's Note — Section 600.160 "proximity to schools and churches" was deleted in its entirety at the city's request. Former said section derived from: CC 1961 §34.15; ord. no. 793, 12-12-55 and ord. no. 3278 §1, 3-21-94. At the editor's discretion this section was reserved for the city's future use.

Section 600.180 Regulations and Conduct.

[CC 1961 §34.16; Ord. No. 793, 12-12-1955; Ord. No. 2703 §1, 2-4-1985]

A. No holder of a license to sell intoxicating liquor by the drink shall give to, sell to, or permit to be given to or sold, to any female employee of the establishment operated by the licensee any intoxicating liquor in any quantity, nor shall he/she permit any patron of the establishment operated by him/her to give intoxicating liquor to, purchase it for, drink it with, sit at the bar or tables with, or dance with any female employee in said establishment or on the premises of the licensee.

B. No holder of a license to sell intoxicating liquor by the drink shall sell or give any intoxicating liquor in any quantity to any female who shall solicit another to buy intoxicating liquor, nor shall he/she permit any such female person to solicit the purchase of intoxicating liquor by another on the premises of the licensee.

C. No retail licensee shall allow in or upon his/her licensed premises any improper disturbances, lewdness, immoral activities, brawls, or any indecent, profane, or obscene language, songs, entertainment, literature, or advertising material, nor shall any licensee cause to have printed or distributed any lewd, immoral, indecent, or obscene literature or advertising material.

D. No retail licensee shall employ or knowingly allow the loitering upon or about the licensed premises of any known Police character, felon, gangster, racketeer, pickpocket, swindler, confidence man, female impersonator, prostitute, narcotic addict, vagrant, delinquent minor, or other degenerate or dissolute person.

E. No retail licensee shall allow upon his/her licensed premises any gambling in which the one who plays stands to win or lose money, trade checks, prizes, merchandise, or any other consideration. The presence of any gambling device upon any licensed premises shall create a presumption of a violation of this rule.

F. Any holder of a license under this Chapter is at all times responsible for the conduct of his/her business, and is at all times directly responsible for any act or conduct of any employee on the premises which is in violation of any provision of this Chapter or of the laws of the State of Missouri.

G. It is further unlawful for any persons maintaining, owning, or operating a commercial establishment located within the City of Berkeley at which alcoholic beverages are offered for sale for consumption on the premises:

1. To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human breast at or below the areola thereof.

2. To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in Subsection (G)(1).

3. To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his/her genitals, pubic area, buttocks, anus or anal cleft or cleavage.

4. To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.

5. To suffer or permit any person, while on the premises of said commercial establishment, to engage in the actual or simulated touching, caressing, or fondling on the breasts, buttocks, anus, genitals, or pubic area.

H. It shall be unlawful for any female person, while on the premises of a commercial establishment located within the City of Berkeley, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

I. It shall be unlawful for any person, while on the premises of a commercial establishment located within the City of Berkeley, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his/her genitals, pubic area, buttocks, anus or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.

Section 600.190 Revocation of License.

[CC 1961 §34.17; Ord. No. 793, 12-12-1955]

Whenever it is shown to the Council that a licensee under this Chapter has not at all times kept an orderly place or house, or has violated any provision of this Chapter or of the Liquor Control Act of the State of Missouri, or has failed to procure proper license from the State Supervisor of Liquor Control, or has made a false affidavit in his/her application for a license, the Council, after a hearing thereon, may revoke the license of such licensee, provided that the licensee or any person in charge of or employed in the place licensed shall be given ten (10) days' written notice of the hearing. The notice may be left at the place of business for which the license has been issued, and the notice shall specify the time, place, purpose, and grounds for the hearing, at which hearing the licensee may have counsel and produce witnesses in his/her behalf.

Section 600.200 Controlled Access Liquor Controlled Cabinets.

[CC 1961 §34.18; Ord. No. 2945 §1, 4-18-1988]

A. Definitions. As used in this Section, the following terms shall have the meanings set out herein:

CONTROLLED ACCESS LIQUOR CABINET

A closed container, either refrigerated in whole or in part or non-refrigerated, access to the interior of which is restricted by means of a locking device which requires the use of a key, access by means of a locking device as hereinabove described.

CONTROLLED ACCESS LIQUOR CABINET SYSTEM

A system for the sale of intoxicating liquor in qualified packages or containers in the rooms provided for the overnight accommodation of transient guests in a qualified establishment by means of a controlled access liquor cabinet, and such system shall permit the licensee to maintain in the rooms provided for the overnight accommodation of transient guests a controlled access liquor cabinet in which such licensee may maintain for sale intoxicating liquor in qualified packages or containers, together with, if desired, other beverages or food, and such system shall permit the adult registered guests of the room in which such controlled access liquor cabinet is located to use the key, magnetic card or other similar device to gain access to such controlled access liquor cabinet to obtain the intoxicating liquor or other beverages or food for consumption.

QUALIFIED ESTABLISHMENT

Any establishment having at least forty (40) rooms for the overnight accommodation of transient guests and having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, which restaurant's annual gross food sales for the past two (2) years immediately preceding its application for a license shall not have been less than one hundred thousand dollars ($100,000.00) per year or, if such restaurant has been in operation for less than two (2) years, such restaurant has been in operation for at least ninety (90) days preceding the application for license for sale of intoxicating liquor by means of controlled access liquor cabinets and has a projected experience based upon its sale of food during the preceding ninety (90) days which would exceed one hundred thousand dollars ($100,000.00) per year.

QUALIFIED PACKAGES OR CONTAINERS

Packages or containers for intoxicating liquor, other than beer or other malt liquor, which hold not less than fifty (50) milliliters and not more than two hundred (200) milliliters, and any packages or containers for beer or other malt liquor.

REGISTERED GUEST

Each person who signs his/her name to the guest register of the qualified establishment or takes some other equivalent action for the purpose of registering as a guest of such qualified establishment.

ROOM

A room in a qualified establishment which is intended to be used as and which is provided for the overnight accommodation of transient guests.

B. License. Notwithstanding any other provision of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, and who operates a qualified establishment and who is licensed to sell liquor by the drink at retail with respect to such qualified establishment, may apply for and the Council may issue a license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system on and subject to the following terms and conditions for a fee of fifteen dollars ($15.00) for administration costs:

1. The key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room may be provided only to each adult registered guest who is registered to stay in such room,

2. Prior to providing a key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room to the registered guest, the licensee shall verify that each such registered guest to whom such key, magnetic card or similar device is to be provided is not a minor,

3. All employees handling the intoxicating liquor to be placed in the controlled access liquor cabinet, including without limitation any employee who inventories and/or restocks and replenishes the intoxicating liquor in the controlled access liquor cabinet, shall be at least eighteen (18) years of age and shall obtain such employee permits as the City, County or other local governmental entity in which the qualified establishment is located requires to be obtained by employees of the restaurant operated at such qualified establishment; provided however, that no such employee permits shall be required of any employee who handles the intoxicating liquor in the original case and who does not open such original case,

4. Registered guests may use the key, magnetic card, or other similar device required to attain access to the controlled access liquor cabinet in such registered guest's room at any time; provided however, that no controlled access liquor cabinet may be restocked or replenished with intoxicating liquor, nor shall any intoxicating liquor be delivered to a room in order to restock or replenish the supply of intoxicating liquor in the controlled access liquor cabinet, at any time when the sale of liquor by the drink at retail is not permitted pursuant to the provisions of this Chapter,

5. Upon request from the registered guest at any time, the qualified establishment shall cause all intoxicating liquor to be removed from the controlled access liquor cabinet in the room of such registered guest as soon as reasonably practicable, and

6. The qualified establishment shall have the right to collect payment for intoxicating liquor or other beverages or food taken from the controlled access liquor cabinet in the room of a registered guest in such manner as it shall determine to be appropriate, including without limitation the inclusion of such charges together with the charges made to such registered guest for the use of the room at such qualified establishment or for purchase of meal at the restaurant operated at such qualified establishment.

C. Type Of Purchases Of Intoxicating Liquor. In addition to any right to sell granted pursuant to any other provision of this Chapter, a duly licensed wholesaler shall be permitted to sell intoxicating liquor to a qualified establishment in any size of qualified packages or containers for use in a controlled access liquor cabinet system; provided however, that as to any size of qualified packages or containers which could not be legally sold to the qualified establishment except for the provisions of this Section, any such size of qualified packages or containers shall be sold by the qualified establishment only by means of the controlled access liquor cabinet system.

Section 600.210 Package Liquor Licenses.

[CC 1961 §34.19; Ord. No. 3277 §1, 3-21-1994; Ord. No. 3514 §1, 12-18-2000; Ord. No. 3522 §§1 — 2, 5-2-2001]

A. There shall be no more than one (1) package liquor license permitted for every one thousand two hundred (1,200) inhabitants residing within the City with the exception cited in Subsection (E) below.

B. No such license shall be granted to any entity which is within three hundred (300) feet of any school, church, park or playground including, but not limited to, day care centers and preschool centers.

C. There shall be no more than two (2) package liquor licenses permitted within any one (1) ward within the City with the exception cited in Subsection (E) below.

D. Nothing in this Section shall affect any establishment or holder of a license on the date of passage of this Section (12-18-2000), but from and after the date of passage of the Section no new licenses to sell package liquor shall be granted in violation of this Section.

E. The Council retains discretion to make exceptions to this Section on a case-by-case basis. The Council shall have the authority to issue a liquor license notwithstanding any provision in this Section if it is determined by the Council, in its sole discretion, that issuing a liquor license to an entity is in the overwhelming best interest of the City of Berkeley. The use of this exception shall require a favorable vote of at least five (5) members of the Council.

F. The provisions of this Section shall not be applicable to full-service grocery stores. For purposes of this Subsection a "full service grocery store" shall have a minimum of ten thousand (10,000) square feet of space within its establishment for food and groceries.

Section 600.220 Special Use Permits.

[Ord. No. 3295 §1, 8-15-1994]

Prior to the issuance of any business license herein, the applicant must secure a special use permit, and receive approval of the Director of Public Works relative to the construction of the parking lots and all buildings.

Section 600.230 Consumption of Intoxicating Liquor at Public and Commercial Halls — Issuance of Permit.

[Ord. No. 3486 §§1 — 6, 2-22-2000]

A. A temporary permit may be issued to caterers and other persons to sell intoxicating liquor by the drink for consumption at public or commercial halls within the City of Berkeley, Missouri, for a period not to exceed twenty-four (24) hours.

B. This permit shall authorize the service of alcoholic beverages at private and public functions, occasions or events during the hours at which alcoholic beverage may lawfully be sold or served in the City.

C. All provisions of this Section shall extend to the premises where the function, occasion or event is held and shall be in force and enforceable during all times that the permittee, its agents, servants, employees or stock are on such premises.

D. This Section will not include the sale of packaged alcoholic beverages.

E. For every permit issued to the provisions of this Section, the permittee shall pay the sum of fifteen dollars ($15.00).

F. The City Council shall have the sole discretion in the issuance of the permit pursuant to this Section considering the health, safety and welfare of the City of Berkeley.