[CC 1975 §50.010]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Shall mean and include alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt, or other liquors, or combination
of liquors, a part of which is spirituous, vinous, or fermented, and
all preparations or mixtures for beverage purposes, containing in
excess of one-half of one percent by volume except for non-intoxicating
beer as defined herein. All beverages having an alcoholic content
of less than one-half of one percent (0.5%) by volume shall be exempt
from the provisions of this Chapter, but subject to inspection as
provided by Sections 196.365 to 196.445, RSMo.
Any beverage manufactured from pure hops or pure barley malt
or wholesome grains or cereals and wholesome yeast and pure water,
containing alcohol in excess of three and two-tenths percent (3.2%)
by weight and not in excess of five percent (5%) by weight.
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt or other wholesome grains or cereals, and 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
(3.2%) percent by weight.
[CC 1975 §50.020]
No person shall possess intoxicating liquor in any quantity
for any purpose within the City which has not been lawfully manufactured.
[CC 1975 §50.030]
A.
No
person or his/her employee shall sell or supply intoxicating liquor
or non-intoxicating beer or permit the same to be sold or supplied
to an habitual drunkard or to any person intoxicated or appearing
to be in a state of intoxication.
B.
Intoxicating
liquor or non-intoxicating beer shall not be given, sold, or otherwise
supplied to any person under the age of twenty-one (21) years, but
this shall not apply to supplying of intoxicating liquor or non-intoxicating
beer to a person under such age for medicinal purposes only, or by
the parent or guardian of such person, or to administering of such
intoxicating liquor or non-intoxicating beer to such person by a physician.
C.
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.010 is guilty of a misdemeanor. For purposes of prosecution under this Subsection or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
[CC 1975 §50.040; Ord. No. 93-19 §§1,2, 8-3-1993]
A.
Intoxicating Liquor. Except as provided in Section 600.200, no person having a license under this Chapter, nor any employee of such person, shall sell, give away, or allow the consumption of, or otherwise dispose of or suffer the same to be done upon or about his/her premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays or Saturday, and no intoxicating liquors may be sold, given away, or consumed, or disposed of as herein provided between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.
B.
Non-Intoxicating Beer. No person having a license under
the provisions of this Chapter shall sell, give away or otherwise
dispose of, or suffer the same to be done upon or about his/her premises,
any intoxicating beer in any quantity between the hours of 1:30 A.M.
and 6:00 A.M.
[CC 1975 §50.050 — 50.070]
A.
Intoxicating Liquor. No person, agent or employee of any
person in any capacity, shall sell intoxicating liquor in any other
place than that designated in the license; nor at any other time or
otherwise than is authorized in this Chapter and the regulations herein
provided for.
B.
Beer By The Drink. No license shall be issued for the sale
of malt liquor or intoxicating beer at retail by the drink, for consumption
on the premises in the City, except where the place of such business,
according to the application for such license, is to be located within
the business district of this City.
C.
Malt Liquor By The Drink. 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 may be sold by the drink
at retail for consumption on the premises where sold, when the person,
partnership or corporation desiring to sell such malt liquor by the
drink at retail for consumption upon the premises where sold, shall
have been licensed to do so by the City, and under the provisions
of this Chapter.
[CC 1975 §50.080 — 50.090]
A.
Generally. Intoxicating liquor shall be sold at retail in
the original package, only upon a license granted by the Board of
Aldermen, and such intoxicating liquor so sold shall not be consumed
upon the premises where sold, nor the original package opened on such
premises of the vendor, except as otherwise may be provided in this
Chapter.
B.
Location. No licenses shall be issued under this Chapter,
where the place of such business sought to be licensed, according
to the application for such license, is located outside the business
district of the City as defined in this Code.
[CC 1975 §50.100]
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to this Chapter, or intoxicating liquor lawfully acquired at the place
of acquisition and legally transported into this State and lawfully
inspected and labeled as provided for in the Liquor Control Act of
the State; such intoxicating liquor to be used in the business of
a druggist in compounding medicines or as a solvent or preservant.
Nothing in this Chapter shall prevent a regularly licensed druggist,
after he/she procures a license therefor in compliance with this Chapter,
from selling intoxicating liquor in the original package, but not
to be consumed or the packages opened on the premises where sold.
Nothing in this Chapter shall be construed as limiting the right of
a physician to prescribe intoxicating liquor in accordance with his/her
professional judgment for any patient at any time or prevent a druggist
from selling intoxicating liquor to a person on prescription from
a regularly licensed physician as above provided.
[CC 1975 §50.110]
A.
Any person violating any of the provisions of this Chapter shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished as provided in Section 100.230 of this Code.
B.
Provided,
that upon final conviction of any person for a violation of any of
the provisions of this Chapter, such conviction shall automatically
operate to revoke the license hereunder issued to such person.
C.
Provided
further, that the term "conviction" as used herein
shall mean conviction upon final determination of any prosecution
of any violation of this Chapter.
D.
Provided
further, that no person having been convicted of a violation of any
of the provisions of this Chapter shall be issued a license or a renewal
thereof for a period of one (1) year, from the date of such conviction.
[CC 1975 §50.120]
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.
[CC 1975 §50.130]
It shall be unlawful for any person, firm, partnership or corporation
to manufacture, sell or expose, for sale, either at wholesale or retail,
in the City, intoxicating liquor, malt liquor or non-intoxicating
beer as herein defined, in any quantity, without first having obtained
a license from the City therefor, except as otherwise provided herein.
[CC 1975 §50.140]
No person shall be granted a license under this Chapter, unless
such person is of good moral character and meets the requirements
as specified by State law.
[CC 1975 §50.150]
No license shall be issued for the sale of intoxicating liquor
in the original package except to a person engaged in, and for use
thereby in connection with, the operation of one (1) or more of the
following businesses: A drug store, cigar and tobacco store, grocery
store, general merchandise store, confectionery or delicatessen store,
nor shall such license be issued to any such person who does not have
and keep in his/her store a stock of goods having a value, according
to invoices at the time of making the application for license, of
at least one thousand dollars ($1,000.00), exclusive of fixtures and
intoxicating liquors.
[CC 1975 §50.160]
All applications for licenses under the provisions of this Chapter,
shall be made in writing to the Board of Aldermen. All applications,
except for sale of malt liquors not in excess of five percent (5%)
of alcohol by weight, shall be accompanied by an inventory and appraised
valuation of stock of goods at the place of business proposed in such
application, other than intoxicating liquor, which inventory and appraisal
shall be under oath; such inventory and appraised valuation shall
be the value according to invoice at the time of making the application
for such license. No license shall be granted at the same meeting
of the Board of Aldermen at which the application is presented, except
by unanimous vote of the Board. Provided however, that such application
may be passed on by the Board of Aldermen at the first (1st) meeting
of the Board at which the application is presented, if such applicant
has first served notice, in writing, of his/her intention to present
such application (including a copy of the application) upon each member
of the Board of Aldermen, at least five (5) days before the meeting
of the Board of Aldermen at which such application is to be presented.
[CC 1975 §50.170]
The fees for licenses required under this Chapter shall be as
established from time to time by ordinance of the Board of Aldermen
and on file in the office of the City Clerk.
[CC 1975 §50.180]
A.
On approval of the application by the Board of Aldermen and payment of the license tax herein provided, the City Clerk shall grant the applicant a license to conduct business in the City for one (1) year from date of issuance of such license or for a fraction thereof as provided in Section 600.170. A separate license shall be required for each place of business.
B.
Every
license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
C.
Provided
that the City Clerk shall not deliver to any person a license under
the provisions of this Chapter, until such person shall produce the
receipt of the City showing that the taxes levied on such license
have been paid.
A.
No
license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this law may make application
and the City may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased.
B.
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.
[CC 1975 §50.200]
All licenses issued under the provisions of this Chapter shall
expire on the thirtieth (30th) day of June following the issuance
thereof. For a partial year license, the fee shall be prorated quarterly.
No license fee shall be returned to the holder upon sale, transfer
or dissolution of the business for which the license was issued.
[CC 1975 §50.210]
A.
The
Board of Aldermen may, on hearing, revoke or suspend any license issued
under the provisions of this Chapter, for good cause shown, having
first given such license not less than ten (10) days' notice in writing
of the application to revoke or suspend his/her license, prior to
the order of revocation issuing.
B.
Such
notice shall contain the grounds for such revocation or suspension
set out therein, and shall command the licensee to be present at a
regular or special meeting of the Board of Aldermen (at the date,
time, and location set forth in the notice) and show cause, if any,
why such license should not be suspended or revoked.
C.
The
licensee shall have full right to be represented by counsel at such
hearing, and may produce witnesses and evidence in his/her behalf
at such hearing.
D.
Service
of the notice of revocation or suspension hearing shall be by the
Chief of Police or his/her subordinate, and may be served upon the
licensee by leaving a copy thereof with the licensee or any person
or employee in charge of the place of business of such licensee.
[CC 1975 §50.220]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Chapter for cause or otherwise,
the City shall in no event return any part of the fee paid for such
license.
[CC 1975 §50.230; Ord. No. 93-19 §2, 8-3-1993; Ord.
No. 03-39 §1, 10-7-2003]
Notwithstanding the provisions of Section 600.040 or any other ordinance to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter who is licensed to sell intoxicating liquor in the original package at retail under Sections 600.110 through 600.210 may apply for a special license to sell intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays. A licensee under this Section shall pay to the City Clerk an additional fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees.
[CC 1975 §50.240; Ord. No. 04-41 §1, 6-15-2004]
The Board of Aldermen are authorized to grant annual licenses
to sell intoxicating liquor in the original package not to be consumed
upon the premises where sold in a number not greater than seven (7)
such licenses. The fee for such licenses shall be seventy-five dollars
($75.00) per annum for each of said licenses.
[CC 1975 §50.250]
The Board of Aldermen are authorized to grant annual licenses
to sell intoxicating liquor by the drink at retail for consumption
upon the premises where sold, in a number not greater than one (1)
such license for each one thousand three hundred (1,300) inhabitants
of the City, plus one (1) additional license for a major fraction
of an additional one thousand (1,000) inhabitants of the City, as
shown by the most recent Federal decennial census. The fee for such
licenses shall be fifty-two dollars fifty cents ($52.50) per annum
for each of said licenses.
A.
Notwithstanding
any other provisions 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, may apply for, and the City may issue, a license
to sell intoxicating liquor, as in this Chapter defined, between the
hours of 11:00 A.M. on Sunday and midnight on Sunday by the drink
at retail for consumption on the premises of any restaurant bar as
described in the application. As used in this Section, the term "restaurant bar" means any establishment having a restaurant
or similar facility on the premises at least fifty percent (50%) of
the gross income of which is derived from the sale of prepared meals
or food consumed on such premises or which has an annual gross income
of at least two hundred thousand dollars ($200,000.00) from the sale
of prepared meals or food consumed on such premises.
B.
In
addition to all other fees required by law, a restaurant bar shall
pay an additional fee of three hundred dollars ($300.00) a year payable
at the same time and in the same manner as its other license fees.
C.
Any
new restaurant bar having been in operation for less than ninety (90)
days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 11:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the restaurant bar can show a projection of annual
business from prepared meals or food consumed on the premises of at
least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
[CC 1975 §50.270]
Nothing in Sections 600.210 — 600.230 shall be construed to require cancellation or invalidation of any license now in force or to prevent the regular annual renewal of any license now outstanding to the holders thereof, if otherwise qualified; but it shall be construed to prevent the issuance of any new license as provided hereunder, unless the same shall be within the foregoing provisions.
[Ord. No. 07-16 §1, 5-23-2007]
A.
Notwithstanding
any other provisions 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 the Supervisor of Liquor Control
for issuance of a temporary permit to caterers and other persons pursuant
to the provisions of Chapter 311, RSMo., may apply for permission
to sell intoxicating liquor by the drink at retail for use at a particular
function, occasion or event at a particular location.
B.
All
applications for licenses under the provisions of this Section shall
be made in writing to the City Clerk. The application shall describe
with particularity the nature of the function, occasion, event, hours,
location and any additional information requested by the City Clerk.
If the application is approved as to form by both the Mayor and City
Clerk, the City Clerk shall provide the applicant with a letter stating
that the City of Carl Junction shall grant the applicant permission
to sell intoxicating liquor by the drink at retail for use at the
designated function, occasion, event and location contingent upon
the issuance of a temporary permit pursuant to the provisions of Chapter
311, RSMo. At such time as the temporary permit is issued pursuant
to the provisions of Chapter 311, RSMo., the letter previously issued
by the City Clerk shall be deemed to be the permission of the City.
C.
Any
person who has been issued a temporary permit to caterers pursuant
to the provisions of Chapter 311, RSMo., and who has also been granted
permission pursuant to this Section by City of Carl Junction, may
sell intoxicating liquor by the drink at retail for use at such function,
occasion or event in accordance with the terms of such temporary permit.
The fee for such temporary caterer's permit shall be twenty-five dollars
($25.00) for each function, occasion or event.
[Ord. No. 19-30, 11-19-2019]
