[R.O. 2007 § 600.010; CC 1979 § 3-1; Ord. No. 88 § 1, 4-17-1972; Ord. No. 509 § 1, 5-24-1979; Ord. No. 1048 § 1, 10-10-1985; Ord. No. 1252 § 1, 5-14-1987; Ord. No. 1468 §§ 1 — 2, 11-10-1988; Ord. No. 2069 § 1, 10-28-1993; Ord. No. 2485 § 1, 6-27-1996; Ord. No. 2910 § 1, 8-27-1998; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 11, 9-11-2003; Ord. No. 4437 §§ 1 — 2, 2-9-2006; Ord. No. 5324 § 3, 1-14-2010; Ord. No. 6120 § 1, 4-24-2014]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
ALCOHOLIC BEVERAGES
Alcohol for beverage purposes including intoxicating liquor and malt liquor.
APPLICANT
Any person who applies for a license or permit as required by this Chapter.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
CLUB
Any duly organized branch or local unit of a fraternal society which shall have a national organization and an affiliated State organization, and which branch or local unit shall have a permanent meeting place within the City, and the purposes of which are purely religious, charitable, benevolent or philanthropic.
COMMISSION
The Chief of Police or his/her designee, the City Administrator's designee, and the City Clerk or Deputy City Clerk as designated by the City Clerk shall constitute the Administrative Liquor Commission.
[Ord. No. 7732, 11-10-2022]
COMMISSIONER
The City Clerk.
COMMON EATING AND DRINKING AREA
An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor; where the costs of maintaining such area or areas are shared by payment of common area maintenance charges, as provided in the respective leases permitting the uses of such areas, or otherwise; and where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is, or is projected to be, at least two hundred seventy-five thousand dollars ($275,000.00).
GOOD MORAL CHARACTER
1. 
Honesty, fairness, and respect for the rights of others and for the laws of the State and nation. The following factors shall be considered when making a determination of whether an applicant or licensee under this Chapter has good moral character:
a. 
The nature and character of the business for which the license is sought;
b. 
The manner in which the person has conducted his/her/its business; and
c. 
The manner in which the person has observed or violated the law.
2. 
If a person has been convicted of a crime of this State or country, or of any crime of any other state or country that would have been a crime under the laws of the State of Missouri, or an offense of this City, the Commissioner shall also weigh the following factors in determining if the person has good moral character:
a. 
The type of crime(s) or offense(s) for which a person has been convicted;
b. 
The circumstances surrounding the crime(s) or offense(s) for which a person has been convicted;
c. 
The proximity in time of the conviction(s) to the application for a license;
d. 
The conduct of the person since the date of conviction; and
e. 
Whether the crime the person is convicted of is reasonably related to the competency of the person to exercise the licensed business.
3. 
Notwithstanding the foregoing, a conviction cannot be the sole grounds on which a person is determined to lack good moral character. If a person is pardoned from a conviction, the underlying guilt for the crime or offense may still be evidence of such person's good moral character.
INTOXICATED or INTOXICATED CONDITION
When a person is under the influence of alcoholic beverages, a controlled substance, or drug, or any combination thereof.
[Ord. No. 6385 § 1, 8-13-2015]
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, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
KEG
Any container capable of holding four (4) gallons or more of beer, wine or intoxicating liquor and which is designed to dispense beer, wine or intoxicating liquor directly from the container for purposes of consumption. Any non-returnable container with capacity of less than six (6) gallons shall not be considered a keg under this Section.
MALT LIQUOR
Any beverage manufactured from pure hops or barley malt or wholesome grains or cereals and wholesome yeast and pure water, containing alcohol not in excess of five percent (5%) by weight.
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
Any individuals, associations, joint-stock company, syndicates, copartnerships, corporations, receivers, trustee, conservators or any other officer appointed by any State or federal court.
PREMISES
The entire building in which the licensee has his/her place of business and any additional building used in connection therewith, and the entire lot, or parcel of land on which the buildings are situated, or which are used in connection with the building.
RESTAURANT BAR
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.
SALE BY THE DRINK
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.
SUPERVISOR OF ALCOHOL AND TOBACCO CONTROL
Chief executive officer of the Division of Alcohol and Tobacco Control within the State of Missouri Department of Public Safety. All references to the Division of Liquor Control and Supervisor of Liquor Control shall mean the Division of Alcohol and Tobacco Control and the Supervisor of Alcohol and Tobacco Control pursuant to Section 311.610, RSMo.
TRANSPORTATION COMPANY
Any person engaged in the business of transportation for hire of goods and merchandise, by use or means of any vessel, railroad car, motor vehicle, aeroplane or other kind of transportation whatsoever, to whom or to which any of the provisions of this Chapter applies or may apply.
VINTAGE WINE
Bottled domestic white, rose or sparkling wine which is not less than five (5) years old, domestic red wine which is not less than ten (10) years old, or imported white, rose, red, sparkling or port wine which is not less than three (3) years old.
WHOLESALERS, DISTRIBUTORS
Any person, firm or corporation who solicits, receives or takes orders for the purchase and delivery of any alcoholic beverage to duly licensed retailers for resale.
[R.O. 2007 § 600.020; CC 1979 § 3-2; Ord. No. 509 § 2, 5-24-1979; Ord. No. 701 § 9, 2-11-1982; Ord. No. 1468 § 3, 11-10-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 7173, 8-8-2019]
It shall be unlawful for any person to consume intoxicating liquor upon any public street, sidewalk, alley, or on any City parking lot or business parking lot generally open to the public, unless the consumption of intoxicating liquor is at an organized event at which alcoholic beverages will be served and/or consumed in a designated area, and where a valid temporary liquor license and/or all other valid and appropriate temporary licenses and permits have been issued in conjunction with the special event. This Section shall not apply to the consumption of any intoxicating liquor consumed in a designated area of an establishment that is licensed to sell intoxicating liquor by the drink.
[R.O. 2007 § 600.030; CC 1979 § 3-2.1; Ord. No. 1252 § 4(3-2.1), 5-14-1987; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 4, 1-14-2010]
A. 
It shall be unlawful for any person to sell or offer for sale within this City any intoxicating liquor, as defined in this Chapter, by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for such license, except when the same is sold or offered for sale in special containers distinguishable by the selling establishment's name and/or its logo and by the type of drink (beer or mixed drink).
B. 
A common eating and drinking area, as defined by this Chapter, within this City shall be designated by the posting of signs at all entrances and exits to the common eating and drinking area, and all sales and consumption of alcoholic beverages shall be restricted to this designated area. Signs posted shall state that alcoholic beverages are prohibited except within this designated common eating and drinking area.
[1]
Editor's Note: Ord. No. 5324 § 5, adopted January 14, 2010, repealed § 600.040, Possession Of Non-Intoxicating Beer Not Acquired From Dealer Unlawful, and § 600.050, Provisions For Sale Of Non-Intoxicating Beer, in their entirety. Former §§ 600.040 — 600.050 derived from R.O. 2007 §§ 600.040 — 600.050; Ord. No. 3359 § 5, 12-14-2000. At the Editor's discretion, these Sections have been reserved for the City's future use.
[R.O. 2007 § 600.055; Ord. No. 3892 § 12, 9-11-2003; Ord. No. 4437 § 3, 2-9-2006]
A. 
Each keg sold at retail for off-premise consumption shall be labeled with a numbered identification tag. The Division of Alcohol and Tobacco Control may prescribe the numbered identification tags to be used for this purpose. The recyclable numbered identification tag shall be affixed to the handle on the top chime of the keg. The recyclable numbered identification tag shall be supplied by the Division of Alcohol and Tobacco Control without fee and securely affixed to the keg by the licensee making the sale.
B. 
Each retail licensee shall require each keg purchaser to present valid identification and a minimum deposit of fifty dollars ($50.00) per keg at the time of purchase. On the identification form provided by the Division of Alcohol and Tobacco Control the licensee shall record for each keg sale the date of sale, the size of keg, any keg tag identification number, the amount of container deposit, the name, address and date of birth of the purchaser, and the form of identification presented by such purchaser. The purchaser shall sign a statement at the time of purchase attesting to the accuracy of the purchaser's name and address and acknowledging that misuse of the keg or its contents may result in civil liability, criminal prosecution or both. The licensee shall retain the identification form for a minimum of three (3) months following the sale of the keg.
C. 
The licensee shall not refund a deposit for a keg that is returned without the numbered identification tag intact and legible. The licensee shall record the date of return of the keg and the condition of the identification tag on the identification form required pursuant to Subsection (B) of this Section. The licensee may retain any deposit not refunded for this reason. Upon the return of a properly tagged keg from a consumer, the licensee shall remove the tag from the keg and retain such tag with the identification form as required pursuant to Subsection (B) of this Section.
D. 
The provisions of this Section shall become effective on July 1, 2004.
E. 
This Section shall not impose any new or additional civil or criminal liability upon the retail licensee.
[1]
Editor's Note: Ord. No. 5324 § 5, adopted January 14, 2010, repealed § 600.060, Hours of Operation for Non-Intoxicating Beer. Former § 600.060 derived from R.O. 2007 § 600.060; CC 1979 § 3-5; Ord. No. 88 § 2, 4-17-1972; Ord. No. 509 § 5, 5-24-1979; Ord. No. 650 § 1, 3-26-1981; Ord. No. 804 § 4, 6-2-1983; Ord. No. 1384 § 2, 3-24-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 4, 9-11-2003. At the Editor's discretion, this Section was reserved for the City's future use.
[R.O. 2007 § 600.070; CC 1979 § 3-6; Ord. No. 88 § 3, 4-17-1972; Ord. No. 509 § 6, 5-24-1979; Ord. No. 650 § 2, 3-26-1981; Ord. No. 804 § 5, 6-2-1983; Ord. No. 1384 § 3, 3-24-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 5, 9-11-2003; Ord. No. 6120 § 2, 4-24-2014]
A. 
No person having a license under this Chapter nor any employee of such person shall sell, give away or permit the consumption of 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, upon or about his/her premises.
B. 
If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place 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.
C. 
Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room in which intoxicating liquor is dispensed. Where such licenses are held by restaurants or bowling alleys, the business of which is conducted in one (1) room only and substantial quantities of food and merchandise, other than intoxicating liquor are dispensed, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
D. 
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.
E. 
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.
[R.O. 2007 § 600.080; CC 1979 § 3-7; Ord. No. 88 § 3, 4-17-1972; Ord. No. 509 § 7, 5-24-1979; Ord. No. 2192 § 2, 8-25-1994; Ord. No. 3359 § 5, 12-14-2000]
When January 1, March 17, July 4 or December 31 falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license 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, notwithstanding any provisions of this Chapter or any other provision of law to the contrary.
[R.O. 2007 § 600.090; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 4437 § 6, 2-9-2006]
A. 
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 and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard shall be deemed guilty of an ordinance violation, except 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 such intoxicating liquor to any 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 when serving in the capacity as an employee of a licensed establishment.
B. 
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) years to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) years from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) years to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of an ordinance violation.
C. 
It shall be a defense to prosecution under this Section if the defendant is a licensed retailer, club, drinking establishment or caterer, or holds a temporary permit, or an employee thereof; 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 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.
[1]
Editor's Note: Ord. No. 5324 § 5, adopted January 14, 2010, repealed § 600.095, Sale Of Non-Intoxicating Beer To Certain Persons Prohibited — Exceptions, in its entirety. Former § 600.095 derived from R.O. 2007 § 600.095; Ord. No. 3359 § 5, 12-14-2000.
[R.O. 2007 § 600.110; CC 1979 § 3-15; Ord. No. 88 § 7, 4-17-1972; Ord. No. 509 § 11, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 6, 9-11-2003; Ord. No. 5324 § 6, 1-14-2010]
A. 
No person licensed under the provisions of this Chapter to sell intoxicating liquor at retail in the original package, not to be consumed on the premises where sold, shall allow such original package to be broken or allow any of such intoxicating liquor to be consumed in or upon the premises described in such permit.
B. 
No person having a license under this Chapter nor any employee of such person shall sell intoxicating liquor with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart.
C. 
No person having a license under this Chapter nor any employee of such person shall repackage intoxicating liquor with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
[R.O. 2007 § 600.120; CC 1979 § 3-16; Ord. No. 509 § 12, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 6, 1-14-2010]
No person licensed under this Chapter shall permit to be used upon his/her licensed premises any self-service, coin-operated, mechanical devices for the purpose of selling or dispensing intoxicating liquor.
[R.O. 2007 § 600.130; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 8, 9-11-2003; Ord. No. 4437 § 7, 2-9-2006; Ord. No. 5324 § 7, 1-14-2010]
A. 
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 as defined in Section 311.020, RSMo., or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of an ordinance violation. For purposes of prosecution under this Section 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.
B. 
For purposes of determining violations of any provision of this Chapter, or of 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 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.
C. 
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:
1. 
The type of test administered and the procedures followed;
2. 
The time of the collection of the blood or breath sample or urine analyzed;
3. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
4. 
The type and status of any permit which was held by the person who performed the test;
5. 
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.
D. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older;
2. 
Is enrolled in an accredited college or university and is a student in a culinary course;
3. 
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
4. 
Tastes a beverage under Subdivision (3) of this Subsection 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 an 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.
E. 
After a period of not less than one (1) year after reaching the age of twenty-one (21) a person who has pleaded guilty to or has been found guilty of violating Section 311.325, RSMo., for the first time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the court in which he or she was sentenced for an order to expunge all official records of his or her arrest, plea, trial and conviction. No records shall be expunged if the person who has pleaded guilty to or has been found guilty of violating Section 311.325, RSMo., is licensed as a commercial motor vehicle driver or was operating a commercial motor vehicle as defined in Section 302.700, RSMo., at the time of the violation. If the court determines, upon review, that such person has not been convicted of any other alcohol-related offense at the time of the application for expungement, and the person has had no other alcohol-related enforcement contacts as defined in Section 302.525, RSMo., the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever. A person shall be entitled to only one (1) expungement pursuant to this Section. Nothing contained in this Section shall prevent courts or other State officials from maintaining such records as are necessary to ensure that an individual receives only one (1) expungement pursuant to this Section.
[1]
Editor's Note: Ord. No. 5324 § 8, adopted January 14, 2010, repealed § 600.140, Purchase Or Possession By Minor, in its entirety. Former § 600.140 derived from R.O. 2007 § 600.140; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 9, 9-11-2003. At the Editor's discretion, this Section has been reserved for the City's future use.
[R.O. 2007 § 600.150; CC 1979 § 3-14; Ord. No. 509 § 15, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
It is unlawful for any person to give, lend, sell or otherwise provide another person with 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 or older.
[R.O. 2007 § 600.160; Ord. No. 3359 § 5, 12-14-2000]
A. 
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 an ordinance violation. 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.
B. 
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[R.O. 2007 § 600.170; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 7, 9-11-2003; Ord. No. 3994 § 1, 2-26-2004]
A. 
A valid and unexpired operator's or chauffeur's license issued under the provisions of Section 302.177, RSMo., or a valid and unexpired operator's or chauffeur's license issued under the laws of any State or territory of the United States to residents of those States or territories, or a valid and unexpired identification card or non-driver's license as provided for under Section 302.181, RSMo., or a valid and unexpired non-driver's license issued under the laws of any State or territory of the United States to residents of those States or territories, or a valid and unexpired identification card issued by any uniformed service of the United States, or a valid and unexpired passport shall be presented by the holder thereof upon request of any agent of the Division of Alcohol and Tobacco Control or any licensee or the servant, agent or employee thereof for the purpose of aiding the licensee or the servant, agent or employee to determine whether or not the person is at least twenty-one (21) years of age when such person desires to purchase or consume alcoholic beverages procured from a licensee. Upon such presentation the licensee or the servant, agent or employee thereof shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
[Ord. No. 6843, 10-12-2017]
B. 
Upon proof by the licensee of full compliance with the provisions of this Section, no penalty shall be imposed if the Supervisor of Alcohol and Tobacco Control or the courts are satisfied that the licensee acted in good faith.
C. 
That no licensee, or the servant, agent or employee thereof shall sell, convey or deliver any item, the sale of which is regulated by this Chapter, to any person that is, at the time, operating a motor vehicle, a passenger in a motor vehicle, operating a motorcycle, a passenger on a motorcycle, or otherwise outside the physical confines of the licensed premises.
D. 
Any person who shall, without authorization from the Department of Revenue, reproduce, alter, modify, or misrepresent any chauffeur's license, motor vehicle operator's license or identification card shall be deemed guilty of an ordinance violation.
[R.O. 2007 § 600.180; Ord. No. 3359 § 5, 12-14-2000]
Any person who has in his/her possession a reproduced, modified or altered motor vehicle driver's license, non-driver's license issued by any uniformed service of the United States, or identification card established in Section 302.181, RSMo., or any other such identification card which indicates that the person represented on the card is over twenty-one (21) years of age, is guilty of an ordinance violation.
[R.O. 2007 § 600.190; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 9, 1-14-2010]
A. 
Except as provided in Subsections (B), (C) and (D) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
B. 
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 and accept payment for, and sack for carryout, 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.
C. 
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. Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor.
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 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.
[R.O. 2007 § 600.200; CC 1979 § 3-11; Ord. No. 509 § 16, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 9, 1-14-2010]
It shall be unlawful for any person under the age of twenty-one (21) years to enter the premises of any licensee holding an intoxicating liquor or malt liquor license for sale by the drink under this Chapter unless accompanied by either a parent or legal guardian; provided, however, that nothing contained in this Section shall be construed as preventing the entrance of anyone under the age of twenty-one (21) years into such premises as permitted by Section 600.190 hereof or a restaurant bar.
[R.O. 2007 § 600.210; CC 1979 § 3-17; Ord. No. 509 § 18, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 9, 1-14-2010]
The room or premises where intoxicating liquor or malt liquor is sold at retail by the drink for consumption on the premises shall be open to public entry. Operation of such establishment in violation of these provisions shall be unlawful. It shall also be unlawful for any licensee for the sale of any intoxicating liquor or malt 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 secret in or upon the premises described in such license, any intoxicating liquor or beer 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.
[1]
Editor's Note: Ord. No. 5324 § 10, adopted January 14, 2010, repealed § 600.220, Duty Of Licensee To Prevent Customer From Increasing Alcoholic Content, in its entirety. Former § 600.220 derived from R.O. 2007 § 600.220; CC 1979 § 3-18; Ord. No. 509 § 19, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000. At the Editors' discretion, this Section has been reserved for the City's future use.
A. 
Notwithstanding any other provision of law, it shall not be unlawful for the owner, operator, or employees of a restaurant bar, as defined in Section 600.010, to allow patrons to carry out one (1) or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one (1) or more bottles of unfinished wine under the following conditions:
1. 
The patron must have ordered a meal;
2. 
The bottle or bottles of wine must have been at least partially consumed during the meal;
3. 
The restaurant bar must provide a dated receipt for the unfinished bottle or bottles of wine; and
4. 
The restaurant bar must securely reseal the bottle or bottles of wine and place them in one (1) or more one-time-use, tamperproof, transparent bags and securely seal the bags.
B. 
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection (A) of this Section, in a vehicle, shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
C. 
Notwithstanding any other provision of law, it shall be lawful for the owner, operator, or employees of a winery to allow patrons to carry out one (1) or more bottles of unfinished wine and it shall be lawful for patrons of such winery to carry out one (1) or more bottles of unfinished wine under the following conditions:
1. 
The bottle or bottles of wine must have been at least partially consumed at the winery;
2. 
The winery must provide a dated receipt for the unfinished bottle or bottles of wine; and
3. 
The winery must securely reseal the bottle or bottles of wine and place them in one (1) or more one-time-use, tamperproof, transparent bags and securely seal the bags.
D. 
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection (C) of this Section shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
E. 
As used in this Section "winery" means any establishment at which wine is made.
[Ord. No. 7498, 9-9-2021]
A. 
Notwithstanding any provision of this Chapter to the contrary, any person who is licensed to sell intoxicating liquor at retail by the drink for on-premises consumption pursuant to the provisions of this Chapter 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 of the following requirements are met:
1. 
The container of alcoholic beverage is rigid, durable, leakproof, 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 services 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;
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.
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. 
Nothing contained in this Chapter 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.
[R.O. 2007 § 600.230; CC 1979 § 3-20; Ord. No. 509 § 21, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 6385 § 2, 8-13-2015; Ord. No. 6599 § 6, 8-25-2016]
A. 
All licensees under this Chapter shall at all times keep and maintain an orderly place upon the premises.
B. 
A premises shall not be deemed an orderly place if there are at least two (2) instances of disorderly conduct on the premises in the same liquor license year and the disorderly conduct promotes disturbances or breaches of the peace, or violations of the law. Disorderly conduct includes, but is not limited to, the following:
1. 
Actions or conduct which become a nuisance;
2. 
Offenses concerning public peace under Article V of Chapter 210 of the City Code;
3. 
A licensee's failure, or the failure of the licensee's employees, to immediately prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the premises;
4. 
Failing to immediately report to law enforcement authorities the occurrence of an illegal or violent act that has been committed on or about the licensed premises, in the event that a licensee or his/her employee knows or should have known of such illegal or violent act;
5. 
Failing to cooperate with law enforcement authorities during the investigation into an occurrence identified in Subsection (B)(4) of this Section;
6. 
Open, repeated, and continuous sales of intoxicating liquors to minors; and
7. 
Indecent exposure offenses under Section 210.280 of the City.