[Ord. No. 17, §7.]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
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 three and
two-tenths percent of alcohol by weight.
Any beer manufactured from pure hops, or pure abstract of
hops, and pure barley, malt and 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 by volume, and not exceeding three
and two-tenths percent by weight.
Any package containing three, six, twelve, or twenty four
small standard beer bottles, and any package containing three, six
or twelve large standard beer bottles, when such bottles contain nonintoxicating
beer, as defined by this section.
The entire building in which the licensee hereunder has his
place of business, and any additional building used in connection
therewith, and the entire lot, or parcels of land on which the buildings
are situated, or which is used in connection with the building.
Any individual or incorporated or unincorporated company
engaged in the business of transportation for hire of goods and merchandise
by use or means of any vessel, railroad car, motor vehicle, airplane
or other means of conveyance whatsoever, to whom or to which any of
the provisions of this article apply or may apply.
[Ord. No. 17, §8.]
No person holding a license issued pursuant to the provisions
of this article to sell nonintoxicating beer at retail, either in
the original package or for consumption on the premises, shall have
or keep, or secrete, on or about the premises described and covered
by such license, any intoxicating liquor of any kind or character;
nor shall any manufacturer or wholesale distributor sell any intoxicating
liquor of any character containing alcohol in excess of three and
two-tenths percent by weight to any person holding a license issued
pursuant to the provisions of this article to sell nonintoxicating
beer only, either in the original package or to be consumed upon the
premises where sold.
[Ord. No. 17, §9.]
It shall be unlawful for any person to sell or offer for sale
in the City any nonintoxicating beer unless the same is sold or offered
for sale in the original bottle or in the original package containing
bottles bearing the original label and full name of the brewer or
manufacturer thereof, both upon the label, upon the bottle and upon
the cap or cork of such bottle, or, in the case of the sale of nonintoxicating
beer on draft, unless the same is to be drawn from the original keg
or barrel having stamped on the ends thereof the full name of the
manufacturer or brewer of the nonintoxicating beer contained therein.
[Ord. No. 17, §10.]
It shall be the duty of each holder of a license authorizing
the manufacture and sale, or sale, at wholesale, of nonintoxicating
beer on or before the fifth day of each calendar month, to file in
the office of the City Collector a sworn statement showing the amount
of nonintoxicating beer manufactured and sold, or sold, and to whom
sold, during the next preceding calendar month.
[Ord. No. 17, §11.]
Every railroad company, express company, airline, motor transportation
or other transportation company, and every person who shall transport
any nonintoxicating beer into the City and deliver the same to any
person therein, shall, when requested, furnish the City Collector
a duplicate bill of lading or receipt for such nonintoxicating beer,
showing the name of the consignor and consignee, date, place received
and quantity of nonintoxicating beer.
[Ord. No. 17, §13.]
It shall be unlawful for any person authorized to sell nonintoxicating
beer in the original package to allow such original package to be
broken, or to allow any of such nonintoxicating beer to be consumed,
in or upon the premises where sold.
[Ord. No. 17, §14.]
It shall be the duty of every holder of a license to manufacture
and sell, or to sell, nonintoxicating beer to use every precaution
to prevent any person on the premises described in such license from
pouring into, mixing with or adding to, such nonintoxicating beer
any alcohol, or other liquid, or any alcohol cube or other ingredient
that will increase, or tend to increase, the alcoholic content of
such nonintoxicating beer.
[Ord. No. 17, §15.]
Brewers or manufacturers of nonintoxicating beer, or the employees,
officers, agents, subsidiaries or affiliates thereof, shall not, under
any circumstances, directly or indirectly, have any financial interest
in the retail business for the sale of such nonintoxicating beer,
nor shall they, directly or indirectly, loan, give away or furnish
equipment, money, credit or property of any kind, except ordinary
commercial credit, for such nonintoxicating beer sold to such retailers.
All contracts entered into between such brewers or manufacturers,
or their officers or employees, directors or agents, in any way concerning
any of their products, obligating any retail dealer or dealers to
buy or sell only the products of any such brewer or manufacturer,
or obligating any such retail dealer to buy or sell the major part
of such products required by such retail dealer from any such brewer
or manufacturer, shall be void, and proof of the execution of such
contract shall be grounds for revoking the license of both the vendor
and the vendee.
[Ord. No. 17, §16.]
No person shall possess nonintoxicating beer within the City
unless the same has been acquired from some person duly authorized
to sell the same, and the package in which such nonintoxicating beer
is contained and from which it is taken for consumption has, while
containing such nonintoxicating beer, been labeled and sealed as provided
by this article.
[Ord. No. 17, §18.]
It shall be the duty of every manufacturer or brewer manufacturing
or brewing nonintoxicating beer in the City, and of every manufacturer
or brewer, distributor or wholesaler outside of the City shipping
any nonintoxicating beer into the City for sale at wholesale or retail,
to cause every bottle, barrel, keg and other container to such nonintoxicating
beer to have on the label thereon, in plain letters and figures, "Alcoholic
content not in excess of 3.2% by weight," or "Alcoholic content not
in excess of 4% by volume." Any beer not so labeled shall be deemed
to have an alcoholic content in excess of three and two-tenths percent
by weight, and the sale thereof in the City shall be subject to all
the regulations and penalties provided by this article for the sale
of beer having an alcoholic content in excess of three and two-tenths
percent by weight.
[Ord. No. 17, §19.]
No person having a license under this article shall sell, give
away or otherwise dispose of or suffer the same to be done on his
premises, any nonintoxicating beer in any quantity between the hours
of 1:30 A.M. and 6:00 A.M.
[Ord. No. 17, §20.]
No person or his employee shall sell or supply nonintoxicating
beer or permit same to be sold or supplied to a habitual drunkard
or to any person who is under or apparently under the influence of
alcoholic beverages. Nonintoxicating beer shall not be given, sold
or otherwise supplied to any person under the age of twenty-one years,
but this shall not apply to the supplying of nonintoxicating beer
to a person under such age for medicinal purposes only, or by the
parent or guardian of such person or to the administering of the nonintoxicating
beer to such person by a physician.
[Ord. No. 17 §21.]
Every person obtaining a license under this article to sell
nonintoxicating beer by the drink at retail, to be consumed at the
place where sold, except hotels, clubs and restaurants, shall conduct
such business in a single room located on the ground floor immediately
abutting on the public street, and no such place shall be equipped
with blinds, screens, swinging doors or any other thing in such room
that will obstruct or obscure the interior of such room from public
view from the street; provided, that the licensee may maintain, in
connection with and adjoining the room in which nonintoxicating beer
is sold at retail by the drink, an open air space, commonly called
a summer garden, for serving such nonintoxicating beer whenever one
boundary, at least, of such open air space is a public street or highway;
and provided further, that such open air space shall be so fenced
and equipped as to permit an unobstructed view of the whole of such
open air space from the public street or highway.
[Ord. No. 17, §22.]
No place wherein nonintoxicating beer is sold at retail by the
drink shall have any gambling or gaming device whatsoever, and no
place where nonintoxicating beer is sold therein at retail shall have
therein any tables concealed or enclosed in private rooms or by partitions
or rooms.
[Ord. No. 17, §22.]
Any person holding a license to sell nonintoxicating beer by
the drink at retail who shall suffer or permit any child under the
age of sixteen years to be employed or work in, or in connection with,
any entertainment or cabaret conducted in any place wherein nonintoxicating
beer is sold by the drink at retail shall thereby suffer the revocation
of his license to sell nonintoxicating beer by the drink at retail.
[Ord. No. 17, §25.]
It shall be the duty of the police of the City to see that the
provisions of this article are obeyed, and it shall be their duty
to report to the chief of police, the names of the persons and their
addresses, of all places where nonintoxicating beer is sold at retail,
where such places are not kept in an orderly manner and the same shall,
by the chief of police, be transmitted to the Board of Aldermen.
[Ord. No. 17, §2.]
It shall be unlawful for any person to manufacture or brew or
sell, either at wholesale or at retail, in the original package, or
by the drink to be consumed on the premises where sold, except as
otherwise provided, without having first applied for, and obtained,
a license as required in this article, authorizing such brewing, manufacture
and sale, or sale, thereof.
[Ord. No. 17, §5; Ord. No. 346, §1.]
Annual fees for licenses authorized by this article, pursuant
to authority granted under section 311.220, the Revised Statutes of
Missouri, 1969, shall at all times be one and one-half times the amount
required by law to be paid into the state treasury for such state
permit or license as of the date of application therefor. The schedule
of fees currently in effect shall be as follows:
(a)
For a permit authorizing the manufacture or brewing of nonintoxicating
beer brewed or manufactured in the City, three hundred seventy-five
dollars.
(b)
For a license authorizing the sale in the City by any distributor
or wholesaler other than the manufacturer or brewer thereof, seventy-five
dollars.
(c)
For a license authorizing the sale at retail for consumption on the
premises where sold, thirty-seven dollars and fifty cents.
(d)
For a license authorizing the sale by grocers and other merchants
and dealers for sale in the original package direct to the consumer,
but not for resale, and not to be consumed on the premises where sold,
twenty-two dollars and fifty cents.
[Ord. No. 17, §30.]
The fees to be charged under this article shall be taken in
lieu of the proportionate part of any merchant's license fee
and ad valorem tax for stock and sales of nonintoxicating beer under
other provisions of this Code. The value of stocks of nonintoxicating
beer, and the aggregate amount of sales thereof made by any licensee
shall not be returned by such merchant for purposes of merchant's
license or ad valorem tax, nor shall such stock or sales be included
in the computation of any merchant's license or ad valorem tax.
[Ord. No. 17, §31.]
The annual fees payable under this article shall be due and
payable in advance on the first day of August; provided, that licensees
who shall commence business after August 1st for any year shall apply
for and be granted license for part of a year to the August 1st following,
and shall pay therefor one-twelfth of the annual fee for every month
or part thereof from date of issuance to August 1st thereafter.
[Ord. No. 17, §3.]
All licenses issued pursuant to the provisions of this division
shall be issued by the City Collector, but no license shall be issued
by the City Collector except with the approval of the Board of Aldermen
given at a regular or special meeting of the board, and no license
for which license fees are fixed in this division shall be issued,
except upon the payment of the license fee prescribed in this division;
provided, that any person holding a license to sell intoxicating liquors
at retail, either in the original package or by the drink to be consumed
on the premises where sold, pursuant to the provisions of this chapter
regulating the sale of such intoxicating liquors, may sell on the
premises described in such license nonintoxicating beer without obtaining
the license required by this article.
[Ord. No. 17, §23.]
No license shall be granted for the sale of nonintoxicating
beer at retail by the drink for consumption at the place where sold
in a building occupied or used for an immoral or unlawful purpose,
nor in any room or portion of a building connected by any entrance
or exit, or other means of communication, with any room or place used
for an immoral or unlawful purpose.
[Ord. No. 17, §4.]
A separate license shall be issued for each place of business,
and no person, nor the agent or employee of any person in any capacity,
shall sell nonintoxicating beer in any other place than that designated
in the license.
[Ord. No. 17, §§6,12.]
A license to brew or manufacture nonintoxicating beer in the
City shall be construed to authorize the sale by the holder of such
license of such nonintoxicating beer to distributors or wholesalers
for resale to retailers only, or direct to retailers. A license authorizing
any distributor or wholesaler to sell nonintoxicating beer in the
City shall be construed to authorize the sale thereof only to persons
authorized to sell nonintoxicating beer to consumers not for resale;
but no such license, either to manufacture, brew or sell at wholesale
shall be construed to authorize the sale by the holder of any such
license of nonintoxicating beer direct to consumers.
Any license issued under the provisions of this article authorizing
the sale of nonintoxicating beer at retail for consumption on the
premises described in such license shall be construed to authorize
the sale of such nonintoxicating beer by the bottle, by the glass,
on draft and in the original package.
[Ord. No. 17, §17.]
No license issued under this article shall be transferable or
assignable.
[Ord. No. 17, §24.]
All licenses issued pursuant to the provisions of this article
shall authorize the sale of nonintoxicating beer only at the place
described in such license, and all such licenses shall be kept conspicuously
posted in the place for which the license was issued.
[Ord. No. 17, §§27 to 29.]
Any person holding a license issued pursuant to the provisions
of this article and who violates any of the terms of this article,
shall, in addition to the other penalties provided for in this Code,
and in the discretion of the Board of Aldermen, suffer the revocation
of the license, or the suspension of such license for not exceeding
ten days. Whenever any license issued pursuant to the provisions of
this article shall be revoked because of any violation of the provisions
of this article no other or additional license shall be issued to
the same person on any other premises for a period of one year from
the date of the revocation of the license.
Whenever it shall be shown, or whenever the chief of police
has knowledge, that a person licensed under this article has not at
all times kept an orderly place or house, or has violated any of the
provisions of this article, the chief of police shall report the same
to the Board of Aldermen, who shall revoke, or in its discretion suspend,
the license of such person.
Before revoking or suspending any license granted under this
article, the Board of Aldermen shall give the licensee at least ten
days' written notice of any complaint or charge against him,
and the nature of such complaint or charge, and shall fix the date
for the hearing on the complaint or charge, upon which hearing the
licensee shall have the right to have counsel, and to produce witnesses
in his behalf. If the Board of Aldermen shall, after such hearing,
revoke or suspend the license of such licensee, its decision and action
shall be final.
