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.
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
An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
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 three (3)
or more standard bottles 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.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests 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, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
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 retail liquor dealer's 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.
[R.O. 2012 §600.040; CC 2007 §600.200; CC 1979
§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.
[Ord. No. 15-5, 3-2-2015]
A. Filing
Of An Application. Each application for an original or renewal license
shall be filed with the City Clerk on a form to be provided by the
City, signed and sworn to by the applicant. Each application shall
be accompanied by a proper remittance reflecting the appropriate license
fee made payable to the City of Pierce City. A separate license shall
be required for each place of business.
B. Qualifications.
Neither the applicant nor any officer, director or shareholder of
a corporate applicant shall have been convicted of a felony or of
any distribution, sale or possession of any controlled substance or
drugs. The applicant shall present with the application a bona fide
sales contract or option duly executed, which may be subject to the
applicant obtaining a liquor license, or a bona fide lease duly executed
by the lessor, or an option for a lease duly executed, subject to
the applicant obtaining a liquor license, covering the property for
which a liquor license is requested. If the applicant is a corporation,
the petition shall set forth all information including name and residential
address with respect to the managing officer or officers, identifying
such officer or officers by full legal name. The application shall
further state the full name of the corporation, its date of incorporation,
its registered agent and registered address, the names and addresses
of all shareholders of the corporation, and whether said corporation
operates any other business or controls or is controlled by any other
corporation or business and, if so, the application shall further
state the name of such controlled or controlling corporation or business,
its registered agent and registered address, and the location of all
businesses operated by it and the name and address of any such businesses
with a liquor license, whether within or without the City of Pierce
City; and the application shall also state if such controlling corporation
or any controlled corporation is doing business under a fictitious
name, and the address where said business is located. The Board of
Aldermen may also request such additional information of an applicant
as it may deem necessary for it to make a determination with respect
to the issuance of a liquor license.
C. Issuance
Of License. Upon approval of any application for a license by the
Board of Aldermen, the Clerk shall issue the license to applicant
to conduct business in the City of Pierce City for a term to expire
on the thirtieth (30) day of June next succeeding the date of the
issuance of the license, unless such license is revoked or suspended
for cause before the expiration date.
D. License
Renewal. On or before June 5 of each year, the Clerk shall issue notice
letters to the holders of all liquor licenses issued by the City of
Pierce City. Upon receipt of the notifications, renewal applicants
shall pay the license renewal fee(s). Upon receipt of the license
renewal fee(s) the Clerk shall issue the renewal license.
The Board of Aldermen will notify the Clerk by May 1 of each
year of any license it wishes to review. If the Clerk receives notice
that the Board of Aldermen wish to review any license, the Clerk shall
issue a letter notifying the renewal applicant to appear at the June
Board of Aldermen meeting to provide the Board of Aldermen with all
information necessary for the Board of Aldermen to determine whether
a renewal license shall be issued. Failure of any renewal applicant
to appear at the June meeting once they are sent notice will result
in the denial of the renewal application. Upon approval of the renewal
application by the Board of Aldermen, the Clerk shall issue the renewal
license to applicant to conduct business in the City of Pierce City
with the same term expiration as set forth herein for the issuance
of a license.
E. Application
Provisions. All applicants for licenses shall be made, in writing,
to the Board of Aldermen. 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 present if
such applicant has first (1st) served notice, in writing, of applicant's
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 at which the application is to be presented.
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.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
[R.O. 2012 §600.085; CC 2007 §600.140; CC 1979
§50.110]
A. Any person violating any of the provisions of this Chapter shall upon conviction thereof be adjudged guilty of an ordinance violation and shall be punished as provided in Section
100.220 of this Code.
1. 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.
2. Provided further, that the term "conviction", as
used herein, shall mean conviction upon final determination of any
prosecution of any violation of this Chapter.
3. 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.
[R.O. 2012 §600.095; CC 2007 §600.250; CC 1979
§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.
[R.O. 2012 §600.110; CC 2007 §600.150; CC 1979
§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.