[Ord. No. 86 §2, 7-3-1967; Ord.
No. 253A §2, 11-23-1993]
Every person engaged in the sale of intoxicating liquor, including
five percent (5%) beer, in the original package shall first obtain
a license from the Clerk of the Board of Aldermen of the City of Forsyth,
Missouri, and the fee for such license shall be fifty dollars ($50.00)
per year. No license shall be issued for more than one (1) year and
any license issued for a shorter period than one (1) year shall cost
the same price as a license issued for one (1) year, no rebate shall
be made if not used for the one (1) year period for which it is issued.
[Ord. No. 97 §2, 5-20-1969; Ord.
No. 456 §1, 7-2-2012]
A.
Every person or entity engaged in the sale of intoxicating liquor
in the City shall first obtain a permit or license from the City Clerk.
B.
The City shall charge the following fees for sales of intoxicating
liquor:
1.
Except for the fee for Sunday sales of package intoxicating
liquor, the fee for any intoxicating liquor permit or license shall
be one and one-half (1 1/2) times the amount charged by the State
of Missouri for the State permit or license allowing sales of intoxicating
liquor.
2.
For Sunday sales of package intoxicating liquor, the fee for
such permit or license shall be:
a.
Three hundred dollars ($300.00) or the amount allowed by § 311.293.2
of the Revised Statutes of Missouri as amended, whichever amount is
greater.
b.
However, the fee for Sunday sales of package intoxicating liquor
shall not exceed the fee charged by the City for licenses that allow
licensees to sell intoxicating liquor by the drink for consumption
on the premises of the licensee on Sundays.
C.
The City's permit or license shall be for the same term as the
State's permit or license. The City's permit or license
shall be prorated so that it expires and is renewable at the same
time as the State's permit or license.
[RSMo. §311.293; Ord.
No. 456 §2, 7-2-2012]
The City regulation concerning the times that intoxicating liquor
may be sold shall correspond with the State's regulation thereof.
[RSMo. §311.290]
A.
No
person having a license under this Chapter, nor any employee of such
person, except as provided in Subsection (B) of this Section, shall
sell, give away, 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
and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. If
the person has a license to sell intoxicating liquor by the drink,
his/her premises shall be and remain a closed place as defined in
this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays
and between the hours of 1:30 A.M. and 6:00 A.M. Monday. Where such
licenses authorizing the sale of intoxicating liquor by the drink
are held by clubs or hotels, this Section shall apply only to the
room or rooms in which intoxicating liquor is dispensed; and where
such licenses are held by restaurants whose business is conducted
in one room only and substantial quantities of food and merchandise
other than intoxicating liquors are dispensed, then the licensee shall
keep securely locked during the hours and on the days specified in
this Section all refrigerators, cabinets, cases, boxes, and taps from
which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where
no patrons are in the place or about the premises. Any person violating
any provision of this Section shall be deemed guilty of a misdemeanor.
Nothing in this Section shall be construed to prohibit the sale or
delivery of any intoxicating liquor during any of the hours or on
any of the days specified in this Section by a wholesaler licensed
under the provisions of Section 311.180, RSMo., to a person licensed
to sell the intoxicating liquor at retail.[1]
[1]
Editor’s Note: Former Subsection (B), which prohibited
sale or disposition of intoxicating liquor during certain hours, was
repealed 7-2-2012 by §3 of Ord. No. 456.
[RSMo. §311.060 1, 2(1)(2)(3)]
A.
No
person shall be granted a license hereunder unless such person is
of good moral character and a qualified legal voter and a taxpaying
citizen of the County, Town, City or Village, nor shall any corporation
be granted a license hereunder unless the managing officer of such
corporation is of good moral character and a qualified legal voter
and taxpaying citizen of this City; and no person shall be granted
a license or permit hereunder 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
a violation of the provisions of any law applicable to the manufacture
or sale of intoxicating liquor, or who employs in his/her business
as such dealer, any person whose license has been revoked or who has
been convicted of violating such law since the date aforesaid; provided,
that nothing in this Section contained shall prevent the issuance
of licenses to nonresidents of Missouri or foreign corporations for
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor to, by or through a duly
licensed wholesaler, within this State.
B.
Additional Qualifications.
1.
No person, partnership or corporation shall be qualified for a license
under this Chapter if such person, any member of such partnership,
or such corporation, or any officer, director, or any stockholder
owning, legally or beneficially, directly or indirectly, ten percent
(10%) or more of the interest in the business for which the person,
partnership or corporation is licensed, or any person employed in
the business licensed under this law shall have had a license revoked
under this law or shall have been convicted of violating the provisions
of any law applicable to the manufacture or sale of intoxicating liquor
since the ratification of the Twenty-First Amendment to the Constitution
of the United States, or shall not be a person of good moral character.
2.
No license issued under this Chapter or Chapter 312, RSMo., shall
be denied, suspended, revoked or otherwise affected based solely on
the fact that an employee of the license has been convicted of a felony
unrelated to the manufacture or sale of intoxicating liquor so long
as any such employee does not directly participate in retail sales
of intoxicating liquor. Each employer shall report the identity of
any employee convicted of a felony to the Division of Liquor Control.
The Division of Liquor shall promulgate rules to enforce the provisions
of this Subsection.
3.
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a residential corporation as defined in
Section 311.060.3, RSMo.
[RSMo. §311.300]
B.
In
any place of business licensed in accordance with this Chapter, where
at least fifty percent (50%) of the gross sales made consists of goods,
merchandise, or commodities other than intoxicating liquor or non-intoxicating
beer in the original package, persons at least eighteen (18) year
of age may stock, arrange displays, accept payment for, and sack for
carryout intoxicating liquor or non-intoxicating beer. Delivery of
intoxicating liquor or non-intoxicating beer away from the licensed
business premises cannot be performed by anyone under the age of twenty-one
(21) years.
C.
In
any distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail.
D.
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 or non-intoxicating beer 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 or non-intoxicating
beer.
[RSMo. §311.310]
Any licensee under this Chapter, or his/her 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, shall be deemed guilty
of a misdemeanor; provided, however 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 said intoxicating liquor to any person by a duly licensed physician.
[RSMo. §311.320]
Any person of the age of seventeen (17) years and under the
age of twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, except in cases
authorized by law, shall upon conviction be deemed guilty of a misdemeanor.
Any person under the age of seventeen (17) years who shall represent
that he/she has attained the age of twenty-one (21) years for the
purpose of purchasing, asking for or in any way receiving any intoxicating
liquor,except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
211, RSMo.
[RSMo. §311.325]
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 RSMo. 311.020 is guilty of a misdemeanor.
