[R.O. 2007 § 600.240; CC 1979 § 3-22; Ord. No. 88 § 9, 4-17-1972; Ord. No. 509 § 22, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010]
It shall be unlawful for any person
whether by himself/herself or through an agent, servant or employee
to engage in the manufacture, brewing, sale, exposure for sale or
resale or distribution of intoxicating liquors, as defined in this
Chapter, within the confines of the City, without first having duly
obtained a license authorizing such manufacture, brewing, sale or
distribution as herein provided. A separate license shall be required
for each place of business.
[R.O. 2007 § 600.245; Ord. No. 3359 § 5, 12-14-2000]
The provisions of Article
I of Chapter
605 of the City Code shall apply to this Article, including, but not limited to, the provisions which address suspension, revocation, denial, or renewal of licenses and delinquent or late penalty fees. The specific provisions of this Article shall control and take precedence over any provision of Article
I of Chapter
605 to the contrary.
[R.O. 2007 § 600.250; CC 1979 § 3-23; Ord. No. 88 § 17, 4-17-1972; Ord. No. 509 § 23, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 6120 § 3, 4-24-2014]
A. No person shall be granted a license under
this Chapter unless such person is of good moral character and a qualified
legal voter and taxpaying citizen of the State, nor shall any corporation
be granted a license hereunder unless the managing officer of such
corporation has the above-mentioned qualifications, and no person
shall be granted a license 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has been revoked, or who has been convicted, since the ratification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as such dealer any person whose license has been revoked or who has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 the provisions of any such law since the
date aforesaid. Nothing in this Section shall prevent the issuance
of a license to a non-resident of the State or to a foreign corporation
for the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquors to, by or through a duly
licensed wholesaler.
B. Qualifications Generally.
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 stock of such corporation,
or other financial interest therein, or 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 Chapter shall have had a license revoked under
this Chapter 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 is not a person of good moral character.
2.
No license issued under this Chapter,
shall be denied, suspended, revoked or otherwise affected based solely
on the fact that an employee of the licensee 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.
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 resident corporation as defined in Subsection
(C) of this Section.
C. A "resident corporation" is defined to
be a corporation incorporated under the laws of this State, all the
officers and directors of which, and all the stockholders who legally
and beneficially own or control sixty percent (60%) or more of the
stock in amount and in voting rights shall be qualified legal voters
and taxpaying citizens of the County and municipality in which they
reside and who shall have been bona fide residents of the State for
a period of three (3) years continuously immediately prior to the
date of filing of application for a license, provided that a stockholder
need not be a voter or a taxpayer, and all the resident stockholders
of which shall own, legally and beneficially, at least sixty percent
(60%) of all the financial interest in the business to be licensed
under this law, provided that no corporation licensed under the provisions
of this law on January 1, 1947, nor any corporation succeeding to
the business of a corporation licensed on January 1, 1947, as a result
of a tax-free reorganization coming within the provisions of Section
112, United States Internal Revenue Code, shall be disqualified by
reason of the new requirements herein, except corporations engaged
in the manufacture of alcoholic beverages containing alcohol in excess
of five percent (5%) by weight, or owned or controlled, directly or
indirectly, by non-resident persons, partnerships or corporations
engaged in the manufacture of alcoholic beverages containing alcohol
in excess of five percent (5%) by weight.
D. The term "financial interest" as used in
this Chapter is defined to mean all interest, legal or beneficial,
direct or indirect, in the capital devoted to the licensed enterprise
and all such interest in the net profits of the enterprise, after
the payment of reasonable and necessary operating business expenses
and taxes, including interest in dividends, preferred dividends, interest
and profits, directly or indirectly paid as compensation for, or in
consideration of interest in, or for use of, the capital devoted to
the enterprise, or for property or money advanced, loaned or otherwise
made available to the enterprise, except by way of ordinary commercial
credit or bona fide bank credit not in excess of credit customarily
granted by banking institutions, whether paid as dividends, interest
or profits, or in the guise of royalties, commissions, salaries, or
any other form whatsoever.
E. No license provided for in this Chapter
shall be issued to any corporation except in conformity with the following:
1.
All officers of such corporation
must be persons of good moral character.
2.
The person who is to be, in fact,
actively engaged in the actual control and management of the particular
liquor establishment for which a permit is sought by such corporation
shall be one who is eligible for a license as an individual under
the provisions of this Chapter.
3.
Such corporation shall not have been
the holder of a license which has been revoked.
[R.O. 2007 § 600.260; CC 1979 § 3-29; Ord. No. 509 § 24, 5-24-1979; Ord. No. 596 § 1, 7-14-1980; Ord. No. 701 § 7, 2-11-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3654 § 1, 5-23-2002; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 6120 § 4, 4-24-2014]
A. Prior to issuing a license for the sale
of intoxicating liquor, as defined in this Chapter, within two hundred
(200) feet of any business or residence, the City shall make a good-faith
effort to notify in writing all land owners within a distance of two
hundred (200) feet of a proposed liquor establishment. Such notice
shall be made by mailing a copy to the last known address of the owners
of record of properties within two hundred (200) feet of a proposed
liquor establishment according to real property tax records of St.
Charles County, Missouri, as of the date of mailing by United States
first class mail.
B. The property shall be posted seven (7)
days prior to being considered by the Liquor Commission.
C. Nothing in this Section shall apply to any license or permit issued under Section
600.580.
[R.O. 2007 § 600.270; CC 1979 § 3-24; Ord. No. 88 § 11, 4-17-1972; Ord. No. 509 § 25, 5-24-1979; Ord. No. 701 § 10, 2-11-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3654 § 2, 5-23-2002; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 6120 § 5, 4-24-2014]
A. Applicants for a license hereunder may
procure the proper forms by written request to the Commissioner, setting
forth in said request the specific type and nature of license sought.
B. Upon receipt of application, in addition
to answering all other questions thereon, the applicant shall state
his/her name and address if a person, or if a firm, partnership or
association, the name and address of each member of the firm, partnership
or association so applying, or, if the applicant is a corporation
and requests a license for intoxicating liquor by drink, the names
and addresses of all its officers, members of its Board of Directors
and ownership interests shall be required.
C. All applications shall contain information
describing in detail the premises for which a given license is being
applied and the location or address thereof, in addition to the cost
value of inventory other than intoxicating liquor at the proposed
place of business.
D. The application shall be accompanied by
a recent photograph of the individual signing his/her name, together
with a recent picture of the exterior and interior of the premises
to be provided at the time the license is issued.
E. No license shall be granted hereunder unless
the applicant renders full, true and complete answers to all questions
contained on said application, and should an applicant make, or cause
to be made, any false statements of a material matter in his/her said
application, the same shall be deemed cause for suspension or revocation
of any license issued pursuant to such application.
F. In the event the application sought is
for an original package license, an affidavit by the individual owner
or, if a partnership, all of said partners or, if a corporation, the
managing officer of said corporation, must be submitted therewith
and contain therein the type of business presently engaged in or in
conjunction with which the license shall be used and further, stating
that the said applicant has, and at all times keeps in his/her place
of business, a stock of goods having an invoice value of at least
one thousand dollars ($1,000.00) exclusive of fixtures and intoxicating
liquors.
G. Application for license shall require the
applicant to list no fewer than five (5) individuals for character
witnesses who have known applicant over the last five (5) years. Witnesses
must have known the applicant and lived in the same city and must
have some familiarity with any past liquor operations by applicant.
H. Application for licenses shall include
the name or names of individuals or companies supplying any coin-operated
vending or amusement devices.
I. Each partner, managing officer, and officer,
stock holder or member owning ten percent (10%) or more stock or interest
in the applying entity shall submit with the application a complete
criminal history record information fingerprint-based search report
under 11 CSR 30-4.070, as amended, issued not more than six (6) months
prior to the date of submission of the application, and by a substantially
similar report from each state in which the applicant has been a resident
at any time within the five (5) years prior to the date of the application.
[Ord. No. 7253, 12-19-2019]
J. The application shall be sworn and notarized.
[R.O. 2007 § 600.280; CC 1979 § 3-25; Ord. No. 88 § 12, 4-17-1972; Ord. No. 509 § 26, 5-24-1979; Ord. No. 1048 § 2, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
Applications for license under the
provisions of this Chapter shall be filed in the office of the Commissioner,
the date of filing being noted thereon by the Commissioner, and shall
be presented to the Commission.
[R.O. 2007 § 600.290; CC 1979 § 3-26; Ord. No. 88 § 13, 4-17-1972; Ord. No. 509 § 27, 5-24-1979; Ord. No. 1048 § 3, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
At the time of filing application
for a license under the provisions of this Chapter, the applicant
shall place in the hands of the Commissioner the amount of the license
fee for the license applied for as provided for in this Chapter, either
in cash, bank draft, money order, certified check or cashier's check,
made payable to the City. No license shall be granted by the Commission
unless such deposit of the license fee has been made. If the license
is not granted, the amount of the license fee only shall be refunded
to the applicant. If the license is granted, such amount deposited
with the application shall be turned over to the City whose receipt
thereof shall be given to the applicant, together with the license
issued.
[R.O. 2007 § 600.300; CC 1979 § 3-27; Ord. No. 88 § 14, 4-17-1972; Ord. No. 509 § 28, 5-24-1979; Ord. No. 701 § 1, 2-11-1982; Ord. No. 1048 § 4, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 6, 4-24-2014]
Except as otherwise provided in this
Chapter, no application for a license under the provisions of this
Chapter, whether for a new license or an application submitted by
an applicant currently holding a valid license, shall be finally approved
or granted by the Commission for at least ten (10) days after the
filing of any such license application.
[R.O. 2007 § 600.310; CC 1979 § 3-27.1; Ord. No. 1048 § 6, 10-10-1985; Ord. No. 1468 § 8, 11-10-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3654 § 3, 5-23-2002; Ord. No. 6120 § 7, 4-24-2014]
A. The Commission shall have the power and
duty to determine whether each application for a license under the
provisions of this Chapter shall be approved or disapproved. The Commission
may consider the following when making a determination of approval
or disapproval of an application:
1.
Appropriate zoning exists for the
proposed licensed premises;
2.
The record of the owner and managers
of the proposed licensed premises as law abiding persons;
3.
The provisions of ordinances of the
City with regard to the proximity of the proposed licensed premises
to schools; provided, however, that the Commission is not empowered
to extend the prohibited distance from schools;
4.
The nature, amount and frequency
of complaints and incidents at the proposed licensed premises requiring
intervention by the Commissioner, the Police Department of the City
and all law enforcement agencies, or others;
5.
Compliance of the proposed licensed
premises with City Building Codes;
6.
Compliance of the premises with all
Fire Codes applicable to the proposed licensed premises;
7.
Prior violations of federal, State
of Missouri and City of St. Peters statutes and ordinances pertaining
to the regulation of the sale of alcoholic beverages;
8.
The moral character of the manager
and owner of the proposed licensed premises; and
9.
The moral character of any employee
at the proposed licensed premises.
B. Rescissions Of The Commission And Appeals. In the event of approval of a license by the Commission, the notice to the licensee-applicant shall be given by letter in person or by mail. In the event of a denial of a license by the Commission, the notice to the licensee-applicant shall be by certified mail, return receipt, deliver to addressee only; and the notice shall state with particularity the reasons for such denial. Any applicant who is aggrieved by the denial of a liquor license of any kind or renewal thereof may, within ten (10) days of date of return receipt of notice of such denial, appeal such denial pursuant to the procedures set forth in Section
605.025 of this Code.
C. Renewal. Upon submittal of a renewal license
application, accompanied by the applicant's criminal history record
information (CHRI) name check for licensing purposes pursuant to 11
CSR 30-4.070(3), as amended, issued not more than six (6) months prior
to the date of application, the Commission will review the file for
each liquor licensed establishment. Based upon point schedule, the
following actions are to be taken:
[Ord. No. 7253, 12-19-2019]
1.
If no points have been assigned,
and there being no other violation of the City's liquor licensing
ordinances, the renewal license application shall be approved by the
Commission;
2.
If application is for an establishment
under the Minor category, the renewal license application shall be
approved by the Commission with a letter of written warning;
3.
If the application is for an establishment
under the Significant category, pending any previous action taken
for probation or suspension, the renewal license application shall
be approved by the Commission with the license to be issued:
a.
On a six-month probationary status*;
or
b.
On a continued probationary status*
(if already placed on probation during the current license year);
and/or
c.
With an effective date one (1) day
to seven (7) days after July 1, beginning of license year (i.e., license
effective July 2, 3, 4 or 5, etc.), for one (1) day to seven (7) days
of suspension;
*
|
An applicant placed on probation
will carry over one-half (1/2) of the points accumulated during the
previous license year; if no additional points are assigned during
the probationary period, the points carried over will terminate at
the end of the probationary period.
|
4.
If the application is for an establishment
under the Major category, pending any previous action taken for probation,
suspension and/or revocation, the renewal license application shall
be:
a.
Approved by the Commission with the
license to be issued on a probationary basis,* with mandatory review
in six (6) months, and an effective date of one (1) day to seven (7)
days after July 1, for suspension of one (1) day to seven (7) days;
or
b.
Denied by the Commission with notification
of denial of application to be given to the Board of Aldermen and
liquor licensee as provided by the City liquor licensing ordinances.
* An applicant placed on probation
will carry over one-half (1/2) of the points accumulated during the
previous license year; if no additional points are assigned during
the probationary period, the points carried over will terminate at
the end of the probationary period.
[R.O. 2007 § 600.320; CC 1979 § 3-28(a); Ord. No. 509 § 29, 5-24-1979; Ord. No. 1048 § 5, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
No license shall be issued except
upon the approval of the application thereof by the Commission, except
upon the payment to the City of the respective fees therefor as herein
provided and except upon furnishing proof of a similar license issued
by the State. Upon such approval, payment of fees and proof of a State
license, the Commissioner shall issue the applicant a license to conduct
business in the City which shall describe the kind of license, the
license fee, the premises on which sale is to be made, the name of
the license holder, the date of issuance and period of time for which
such license is granted.
[R.O. 2007 § 600.330; CC 1979 § 3-28(b); Ord. No. 509 § 30, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
A licensee hereunder shall be in
possession of the premises, or have the legal right to occupy the
same, before any license shall be issued hereunder.
[R.O. 2007 § 600.340; CC 1979 § 3-30; Ord. No. 509 § 31, 5-24-1979; Ord. No. 513 § 2, 6-17-1979; Ord. No. 596 § 2, 7-14-1980; Ord. No. 701 § 8, 2-11-1982; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 1099 § 1, 3-13-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5296 § 1, 11-19-2009; Ord. No. 5296 § 1, 11-19-2009; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 5416 § 1, 5-27-2010]
A. No license shall be granted for the sale
of intoxicating liquor in the original package, as defined in this
Chapter, within one hundred (100) feet of any school, convent, church
or other building regularly used as a place of religious worship,
provided however, this Section shall not apply to the issuance of
any such license for existing licensed premises which ante-date the
establishment of a school, church or other buildings regularly used
as a place of worship within such one hundred (100) foot radius.
B. No license shall be granted for the sale
of intoxicating liquor by the drink, as defined in this Chapter, within
one hundred (100) feet of any school, convent, church or other building
regularly used as a place of religious worship, provided however,
this Section shall not apply to the issuance of any such license for
existing licensed premises which ante-date the establishment of a
school, church or other buildings regularly used as a place of worship
within such one hundred (100) foot radius.
C. For the purpose of this Section, the distance
between the school, convent, church or other building regularly used
as a place of religious worship, and liquor license premises shall
be considered to be the distance between the nearest point of the
portion of the building used for school purposes or public worship.
[R.O. 2007 § 600.350; CC 1979 § 3-53; Ord. No. 596 § 3, 7-14-1980; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010]
Any business having a license to
sell intoxicating liquor in the County, which is annexed by the City,
shall be permitted to continue in operation as licensed by the County
and State until the expiration of said existing license and shall
be issued a courtesy license by the City for the period until the
following June 30.
[R.O. 2007 § 600.360; CC 1979 § 3-31; Ord. No. 509 § 32, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
All licenses granted by virtue of
this Chapter shall be signed by the City Clerk with the Seal of the
City affixed thereon.
[R.O. 2007 § 600.370; Ord. No. 2847 § 1(3-32.1), 5-28-1998; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 2nd § 9, 9-11-2003; Ord. No. 6843, 10-12-2017]
Notwithstanding any other provision
of this Chapter to the contrary, the holder of a microbrewer's license,
issued by the Supervisor of Alcohol and Tobacco Control of the State
of Missouri pursuant to Section 311.195, RSMo., may apply to the City,
and the Commission may approve a license to sell all kinds of intoxicating
liquor by the drink at retail for consumption on the premises of the
microbrewery or in close proximity to the microbrewery. No holder
of a microbrewer's license or any employee, officer, agent, subsidiary
or affiliate thereof shall have more than ten (10) licenses to sell
intoxicating liquor by the drink at retail for consumption on the
premises or in close proximity to the premises.
[R.O. 2007 § 600.380; CC 1979 § 3-32; Ord. No. 509 § 33, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
Manufacturers, distillers or blenders of malt liquor not exceeding five percent (5%) by weight of alcohol, who have fully complied with the provisions of this Chapter shall be issued a license upon proper application and approval by the Commission and upon payment to the City of the applicable license fee contained in the fee schedule at Section
600.690; provided however, that such license shall entitle the then licensed manufacturer to sell to duly licensed wholesalers and soliciting orders for the sale of malt liquors containing not in excess of five percent (5%) of alcohol by weight, to, by or through a duly licensed wholesaler, but shall not include the right to sell as a retailer.
[R.O. 2007 § 600.390; CC 1979 § 3-33; Ord. No. 509 § 34, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
Manufacturers, distillers or blenders of intoxicating liquors of all kinds, who have fully complied with the provisions of this Chapter shall be issued a license upon proper application and approval by the Commission and upon the payment of the applicable license fee contained in the fee schedule at Section
600.690, provided however, that such license shall entitle the then licensed manufacturer to sell to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds, to, by or through a duly licensed wholesaler, but shall not include the right to sell as a retailer.
[R.O. 2007 § 600.395; Ord. No. 3673 § 2, 7-25-2002]
Distributors or wholesalers of intoxicating liquors of all kinds, who have fully complied with the provisions of this Chapter, shall be issued a license for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds, to, by or through a duly licensed wholesaler within this State, upon proper application and approval of the Commission and upon payment of the applicable license fee contained in the fee schedule at Section
600.690.
[R.O. 2007 § 600.400; CC 1979 § 3-34; Ord. No. 509 § 35, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
Distributors or wholesalers of intoxicating liquors not in excess of five percent (5%) alcohol by weight, who have fully complied with the provisions of this Chapter, shall be issued a license for the privilege of selling to a person duly licensed to sell such liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess of five percent (5%) of alcohol by weight, to, by or through a duly licensed wholesaler within this State, upon proper application and approval by the Commission and upon payment of the applicable license fee contained in the fee schedule at Section
600.690.
[R.O. 2007 § 600.410; CC 1979 § 3-35; Ord. No. 509 § 36, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3673 § 1, 7-25-2002]
Distributors or wholesalers of intoxicating liquors of all kinds, who have fully complied with the provisions of this Chapter, shall be issued a license for the privilege of selling to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds, to, by or through a duly licensed wholesaler, except that a license authorizing the holder to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor, to, by or through a duly licensed wholesaler, shall not entitle the holder thereof to sell within the State of Missouri direct to retailers, upon proper application and approval of the Commission and upon payment of the applicable license fee contained in the fee schedule at Section
600.690.
[R.O. 2007 § 600.420; CC 1979 § 3-36; Ord. No. 509 § 37, 5-24-1979; Ord. No. 701 § 2, 2-11-1982; Ord. No. 831 § 4, 10-1-1983; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 4261 § 1, 4-28-2005; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 7498, 9-9-2021]
Retailers selling intoxicating malt liquor by the drink with an alcoholic content not in excess of five percent (5%) by weight for consumption on the premises where sold and/or in the original package direct to consumers but not for resale shall be issued a license upon proper application as set forth in this Chapter and upon the approval of the Commission and upon the payment of the applicable license fee contained in the fee schedule at Section
600.690. Notwithstanding the provisions of Section
600.070, any person licensed pursuant to this Section may also sell malt liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 AM. on Mondays.
[R.O. 2007 § 600.430; CC 1979 § 3-36.1; Ord. No. 701 § 2, 2-11-1982; Ord. No. 831 § 4, 10-1-1983; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 5816 § 1, 10-11-2012]
Retailers selling intoxicating malt liquor, as defined in Section 311.490, RSMo., 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 wholesale grains or cereals and wholesome yeast and pure water, or light wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, or both, such malt liquor and wine may be sold by the drink and at retail in the original package, and/or for consumption on or off the premises shall be issued a license upon proper application as set forth in this Chapter and full compliance with the provisions of this Chapter and upon the approval of the Commission and upon the payment of the applicable license fee contained in the fee schedule at Section
600.690.
[R.O. 2007 § 600.440; CC 1979 § 3-37; Ord. No. 509 § 38, 5-24-1979; Ord. No. 804 § 1, 6-2-1983; Ord. No. 831 § 3, 10-1-1983; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 4261 § 2, 4-28-2005; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 7498, 9-9-2021]
Retailers selling intoxicating malt liquor, as defined in Section 311.490, RSMo., with an alcoholic content of not more than five percent (5%) by weight in the original package direct to consumers but not for resale and not for consumption on the premises where sold shall be issued a license upon proper application as set forth in this Chapter and full compliance with the provisions of this Chapter and upon the approval of the Commission and the payment of the applicable license fee contained in the fee schedule at Section
600.690. Notwithstanding the provisions of Section
600.070, any person licensed pursuant to this Section may also sell malt liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
[R.O. 2007 § 600.450; CC 1979 § 3-38; Ord. No. 509 § 39, 5-24-1979; Ord. No. 701 § 3, 2-11-1982; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
A. Retailers selling intoxicating liquor at retail by the drink for consumption on the premises where sold, shall be issued a license upon proper application as set forth in this Chapter and full compliance with the provisions of this Chapter and upon the approval of the Commission and the payment of the applicable license fee contained in the fee schedule at Section
600.690.
B. The license issued under this Section shall
include the right of sale in original package, except on Sundays,
provided such original package shall not be opened and the contents
thereof consumed on the premises where sold; and shall include the
right to sell intoxicating liquor with an alcoholic content of five
percent (5%) or less by weight, by the drink or in the original package,
except on Sunday.
[R.O. 2007 § 600.460; CC 1979 § 3-38.1; Ord. No. 1252 § 2(39.1), 5-14-1987; Ord. No. 3359 § 5, 12-14-2000]
Retailers selling intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, shall be issued a license upon proper application as set forth in this Chapter and full compliance with the provisions of this Chapter, and upon the approval of the Commission and upon the payment of the applicable license fee contained in the fee schedule at Section
600.690. The times for selling intoxicating liquor and all other laws and regulations of this City relating to the sale of intoxicating liquor by the drink shall apply to each establishment licensed under this Section, provided that no license issued under this Section shall include the right of sale in the original package.
[Ord. No. 5816 § 2, 10-11-2012; Ord. No. 6843, 10-12-2017]
A. Notwithstanding any other provision of
this Chapter to the contrary, any person licensed to sell liquor at
retail by the drink for consumption on the premises where sold may
use a self-dispensing system which is monitored and controlled by
the licensee and allows patrons of the licensee to self-dispense beer
or wine. Before a patron may dispense beer or wine, an employee of
the licensee must first authorize an amount of beer or wine, not to
exceed thirty-two (32) ounces per patron per authorization, to be
dispensed by the self-dispensing system.
B. No provision of law or rule or regulation
of the Supervisor of Alcohol and Tobacco Control or City Code Section
shall be interpreted to allow any wholesaler, distributor, or manufacturer
of intoxicating liquor to furnish self-dispensing or cooling equipment
or provide services for the maintenance, sanitation, or repair of
self-dispensing systems.
[Ord. No. 6843, 10-12-2017]
A. Original Package.
1.
Any person who is licensed to sell
intoxicating liquor in the original package at retail as provided
in 600.450 of this Code may sell from thirty-two (32) to one hundred
twenty-eight (128) fluid ounces of draft beer to customers in containers
filled by any employee of the retailer on the premises for consumption
off such premises. Any employee of the licensee shall be at least
twenty-one (21) years of age to fill containers with draft beer.
2.
Containers that are filled or refilled under Subsection
(A)(1) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale,
lager, bock, stout, or other brewed or fermented beverage;
e.
Name and address of the business
that filled or refilled the container;
g.
The following statement: "This product
may be unfiltered and unpasteurized. Keep refrigerated at all times."
3.
Containers that are filled or refilled under Subsection
(A)(1) of this Section shall be affixed with the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 CFR Sections 16.20 to 16.22.
4.
The filling and refilling of containers
shall only occur on demand by a customer and containers shall not
be prefilled by the retailer or its employees.
5.
Containers shall only be filled or
refilled by an employee of the retailer.
6.
Containers shall be filled or refilled
as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection
(A)(7) of this Section, and:
(1) Food grade sanitizer
shall be used in accordance with the Environmental Protection Agency
registered label use instructions;
(2) A container of liquid
food-grade sanitizer shall be maintained for no more than ten (10)
malt beverage taps that will be used for filling and refilling containers;
(3) Each container shall
contain no less than five (5) tubes that will be used only for filling
and refilling containers;
(4) The container shall
be inspected visually for contamination;
(5) After each filling or
refilling of a container, the tube shall be immersed in the container
with the liquid food-grade sanitizer; and
(6) A different tube from
the container shall be used for each filling or refilling of a container;
or
b.
Containers shall be filled or refilled
with a contamination-free process, and:
(1) The container shall
be inspected visually for contamination;
(2) The container shall
only be filled or refilled by the retailer's employee; and
(3) The filling or refilling
shall be in compliance with the Food and Drug Administration Code,
2009, Section 3-304.17(c).
7.
Containers shall be filled or refilled
from the bottom of the container to the top with a tube that is attached
to the malt beverage faucet and extends to the bottom of the container
or with a commercial filling machine.
8.
When not in use, tubes to fill or
refill shall be immersed and stored in a container with liquid food-grade
sanitizer.
9.
After filling or refilling a container, the container shall be sealed as set forth in Subsection
(A)(1) of this Section.
B. Restaurant Bar. Notwithstanding any other
provision of law to the contrary, any restaurant bar without an on-site
brewery that serves twenty (20) or more different types of draft beer
may sell thirty-two (32) fluid ounces or more of such beer to customers
for consumption off the premises of such bar or tavern. 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.
[R.O. 2007 § 600.470; CC 1979 § 3-39; Ord. No. 509 § 40, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010]
A. Retailers selling intoxicating liquors in the original package not to be opened or consumed on the premises where sold, shall be issued a license upon proper application and qualification as set forth under the provisions of this Chapter and upon the approval of the Commission and upon the payment of the applicable license fee contained in the fee schedule at Section
600.690.
B. The license to be issued hereunder shall
include the privilege of selling malt liquor in the original package.
C. No license shall be issued for the sale
of intoxicating liquor not to be consumed on the premises where sold,
except to a person engaged in and to be used in connection with the
operation of one (1) or more of the following businesses: A drugstore,
a cigar and tobacco store, a confectionery and/or a delicatessen store,
a grocery store, a general merchandise store; nor shall a license
be issued to any person who does not have and keep in his/her store,
a stock of goods having a value according to invoices of at least
one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating
liquors.
[R.O. 2007 § 600.475; Ord. No. 3409 § 1, 3-8-2001; Ord. No. 5716 § 1, 2-23-2012; Ord.
No. 7732, 11-10-2022]
A. Notwithstanding any other provisions of this Chapter 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
600.420,
600.430,
600.440,
600.450,
600.470 and
600.540, may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises. A licensee under this Section shall be issued an amended license upon proper application and qualification as set forth under the provisions of this Chapter and upon approval of the Liquor Commission and the payment of the additional license fee of thirty-seven dollars fifty cents ($37.50) a year payable at the same time and manner as other license fees.
1.
Tasting. Substance to be tasted shall
be limited to one-half (1/2) ounce per sample, with total consumption
of no more than two (2) ounces per person. All items offered for tasting
must be offered for sale by retail to the customer on said licensed
premises.
B. Nothing in this Section shall be construed
to permit the licensee to sell wine, malt beverages or distilled spirits
for on-premises consumption.
C. No money or anything of value shall be
given to the licensee for the privilege or opportunity of conducting
the on-the-premises product tasting.
D. Distilled spirits, wine, or malt beverage
samples may be dispensed by an employee of the licensee, winery, distiller,
manufacturer, or brewer or by a sampling service retained by the licensee,
winery, distiller, manufacturer, or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control for the State of Missouri.
E. Any distilled spirits, wine, or malt beverage
sample provided by the licensee, winery, distiller, manufacturer,
wholesaler, or brewer remaining after the tasting shall be returned
to the licensee, winery, distiller, manufacturer, wholesaler, or brewer.
[R.O. 2007 § 600.480; CC 1979 § 3-40; Ord. No. 509 § 41, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
Distributors or wholesalers selling intoxicating liquor with a content of alcohol not in excess of twenty-two percent (22%) by weight, shall be issued a license for the privilege of selling to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler, upon proper application made under the provisions of this Chapter and full compliance with the provisions of this Chapter and upon the approval of the Commission and the payment of the applicable license fee contained in the fee schedule at Section
600.690.
[R.O. 2007 § 600.485; Ord. No. 4437 § 9, 2-9-2006; Ord. No. 5324 § 11, 1-14-2010]
A. Except as provided in Subsections
(B) and
(C) of this Section, it shall be unlawful for any wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent (5%) by weight to persons duly licensed to sell such intoxicating liquor and wine at retail to discriminate between retailers or in favor of or against any retailer or group of retailers, directly or indirectly, in price, in discounts for time of payment, or in discounts on quantity of merchandise sold or to grant directly or indirectly any discount, rebate, free goods, allowance or other inducement, excepting a discount not in excess of one percent (1%) for quantity of liquor and wine and a discount not in excess of one percent (1%) for payment on or before a certain date. The delivery of manufacturer rebate coupons by wholesalers to retailers shall not be a violation of this Subsection.
B. Except as provided in Subsection
(C) of this Section, any wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent (5%) by weight to persons duly licensed to sell such intoxicating liquor and wine at retail may offer a price reduction of not more than four percent (4%) of the wholesaler's price schedule for any brand, age, proof and size bottle or package. Such price reduction shall apply for a thirty (30) day period, shall not be offered by any wholesaler more than three (3) times in any calendar year and shall not be offered during successive months.
C. Any wholesaler licensed to sell intoxicating
liquor and wine containing alcohol in excess of five percent (5%)
by weight to persons duly licensed to sell such intoxicating liquor
and wine at retail may offer a price reduction of more than four percent
(4%) of the scheduled price on close-out merchandise. "Close-out merchandise"
is any item which has been in the wholesaler's inventory for more
than six (6) months. The price of close-out merchandise may be decreased,
but shall not be increased, monthly for up to and including twelve
(12) consecutive months. A wholesaler shall not purchase any item
of intoxicating liquor or wine of the same year and vintage the wholesaler
has classified as close-out merchandise during the period of such
classification. A wholesaler shall not purchase, sell or offer to
sell any item of intoxicating liquor or wine of the same year and
vintage the wholesaler has classified as close-out merchandise until
twenty-four (24) months have elapsed since the wholesaler's last offer
to sell the item as close-out merchandise.
D. Manufacturers or wholesalers shall be permitted
to donate or deliver or cause to be delivered beer, wine or brandy
for non-resale purposes to any unlicensed person or any licensed retail
dealer who is a charitable or religious organization as defined in
Section 313.005, RSMo., or educational institution at any location
or licensed premises, provided such beer, wine or brandy is unrelated
to the organization's or institution's licensed retail operation.
A charge for admission to an event or activity at which beer, wine
or brandy is available without separate charge shall not constitute
resale for the purposes of this Subsection. Wine used in religious
ceremonies may be sold by wholesalers to a religious organization
as defined in Section 313.005, RSMo. Any manufacturer or wholesaler
providing non-resale items shall keep a record of any deliveries made
pursuant to this Subsection.
E. Manufacturers, wholesalers, retailers and
unlicensed persons may donate wine in the original package to a charitable
or religious organization as defined in Section 313.005, RSMo., or
educational institution for the sole purpose of being auctioned by
the organization or institution for fund-raising purposes, provided
the auction takes place on a retail-licensed premises and all proceeds
from the sale go into a fund of an organization or institution that
is unrelated to any licensed retail operation.
F. Any person violating any provisions of
this Section in accordance with Sections 311.332 to 311.336, RSMo.,
shall be deemed guilty of an ordinance violation.
[R.O. 2007 § 600.490; CC 1979 § 3-41; Ord. No. 509 § 42, 5-24-1979; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
Manufacturers, distillers or blenders of intoxicating liquor not exceeding twenty-two percent (22%) by weight of alcohol, who have fully complied with the provisions of this Chapter, shall be issued a license for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight, to, by or through a duly licensed wholesaler, upon proper application and approval by the Commission and upon the payment of the applicable license fee contained in the fee schedule at Section
600.690; provided however, that such license shall entitle the then licensed manufacturer, distiller or blender or distiller to distribute such intoxicating liquor as a wholesaler, but shall not include the right to sell as a retailer.
[R.O. 2007 § 600.540; CC 1979 § 3-46; Ord. No. 509 § 47, 5-24-1979; Ord. No. 701 § 4, 2-11-1982; Ord. No. 831 § 1, 9-29-1983; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 1252 § 3, 5-14-1987; Ord. No. 2017 §§ 1 — 2, 5-27-1993; Ord. No. 2069 §§ 2 —
3, 10-28-1993; Ord. No.
2192 § 1, 8-25-1994; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 2, 9-11-2003; Ord. No. 4437 § 4, 2-9-2006; Ord. No. 5816 § 3, 10-11-2012; Ord.
No. 7498, 9-9-2021]
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail, may apply for a special license to sell intoxicating liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays. A licensee under this Section shall submit the applicable licensee fee contained in the fee schedule at Section
600.690.
[R.O. 2007 § 600.550; CC 1979 § 3-47; Ord. No. 509 § 48, 5-24-1979; Ord. No. 513 § 1, 6-17-1979; Ord. No. 650 § 3, 3-26-1981; Ord. No. 804 § 3, 6-2-1983; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 1384 § 1, 3-24-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 3, 9-11-2003; Ord. No. 5324 § 13, 1-14-2010]
A. It shall be unlawful for any person operating
any premises where food, beverages or entertainment are sold or provided
for compensation, who does not possess a license for the sale of intoxicating
liquor to permit the drinking or consumption of intoxicating liquor
in the premises without having a license as in this Section provided.
B. The drinking or consumption of intoxicating
liquor shall not be permitted in or upon the licensed premises by
any person under twenty-one (21) years of age or by any other person
between the hours of 1:30 A.M. and 6:00 A.M. on any day of the week.
[Ord. No. 7498, 9-9-2021]
C. A license shall be issued under this Section on proper application as provided in this Chapter upon compliance with the provisions of this Chapter, upon the approval of the Commission and payment of the applicable license fee contained in the fee schedule at Section
600.690.
A. For the privilege of manufacturing wine or brandy, which manufacturing shall be in accordance with all provisions of federal law applicable thereto except as may otherwise be specified in this Section, in quantities not to exceed five hundred thousand (500,000) gallons, not in excess of eighteen percent (18%) of alcohol by weight for wine, or not in excess of thirty-four percent (34%) of alcohol by weight for brandy, from grapes, berries, other fruits, fruit products, honey, and vegetables produced or grown in the State of Missouri, exclusive of sugar, water and spirits, there shall be paid to and collected by the Director of Revenue, in lieu of the charges provided in Section 311.180, RSMo., a license fee as provided in Section
600.690.
B. A manufacturer licensed under this Section
may purchase and sell bulk or packaged wines or brandies received
from other manufacturers licensed under this Section and may also
purchase in bulk, bottle and sell to duly licensed wineries, wholesalers
and retail dealers on any day except Sunday, and a manufacturer licensed
under this Section may offer samples of wine, may sell wine and brandy
in its original package directly to consumers at the winery, and may
open wine so purchased by customers so that it may be consumed on
the winery premises on Monday through Saturday between 6:00 A.M. and
12:00 Midnight and on Sunday between 6:00 A.M. and 1::30 A.M. on Monday.
[Ord. No. 7498, 9-9-2021]
[R.O. 2007 § 600.570; CC 1979 § 3-49; Ord. No. 509 § 50, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
A. In the event the applicant for a license to sell intoxicating liquor of alcoholic content in excess of five percent (5%) by weight at retail by the drink for consumption on the premises of the licensee, is a club as herein defined, the annual license fee which shall be paid to the City shall be in the sum contained in the fee schedule at Section
600.690, which license shall be limited to the retail sale of intoxicating liquor by the drink.
B. Such club, in consideration of the granting
of such license under the terms of this Section, shall sell, give
away or dispose of such intoxicating liquor only to members of such
club, or to the families of such members, or to the guests of such
members. The word "guest" as used herein shall mean and apply to any
person who has been specifically invited onto the premises, or members
of any group or organization during the time that such group or organization
is actually occupying the premises of such club or any part thereof
at the invitation or consent of such club, or any person while in
attendance at any function conducted by any such group or organization.
[R.O. 2007 § 600.580; CC 1979 § 3-50; Ord. No. 509 § 51, 5-24-1979; Ord. No. 804 § 2, 6-2-1983; Ord. No. 831 § 2, 10-1-1983; Ord. No. 1048 § 7, 10-10-1985; Ord. No. 1468 § 6, 11-10-1988; Ord. No. 1633 § 1, 5-24-1990; Ord. No. 3054 § 1, 5-27-1999; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 4437 § 5, 2-9-2006; Ord. No. 5324 § 13, 1-14-2010; Ord. No. 5716 § 2, 2-23-2012; Ord. No. 5816 § 4, 10-11-2012; Ord. No. 6120 § 8, 4-24-2014]
A. In addition to the annual licenses herein provided, a temporary license for the sale of all kinds of intoxicating liquor at retail by the drink, for consumption on premises of the licensee, may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar gathering. This license shall be referred to and described as a "temporary picnic license." The license shall be issued only for the day or days named therein, and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization. The fee to be paid for each temporary license for the sale of intoxicating liquor shall be as set forth in the fee schedule at Section
600.690. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 6:00 A.M. This temporary license shall allow the sale of intoxicating liquor in the original package.
[Ord. No. 7498, 9-9-2021]
B. Other provisions of this Chapter to the contrary notwithstanding, a permit for the sale of wine containing not in excess of fourteen percent (14%) of alcohol by weight and malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. Such permit shall be issued only during the period from June 15 to July 15 annually and only for the day or days named therein, and it shall not authorize the sale of wine and malt liquor except between the hours of 6:00 A.M. and 1:30 A.M. and for not more than seven (7) days by any such organization. The permit may be issued to cover more than one (1) place of sale within the general confines of the place where the gathering or event is held; provided, however, that no permit shall be issued to any organization which selects or restricts the membership thereof on the basis of race, religion, color, creed, or place of national origin. The fee to be paid by each temporary licensee shall be as set forth in the fee schedule at Section
600.690. No provision of law or rule or regulation of the supervisor shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the permit at such gathering or event.
[Ord. No. 7498, 9-9-2021]
C. In addition to the annual licenses herein provided, a special license may be issued to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of Chapter 311, RSMo., and a license issued pursuant to Section 311.486.2, RSMo., and who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises but not including a "festival" as defined in Chapter 316, RSMo. The license shall be effective for an unlimited number of functions during the year, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption on the premises in which such function, occasion or event is held. All provisions of the City's ordinances, rules and regulations shall extend to such premises and shall be in force and enforceable during all the time the licensee, its agents, servants, employees or stock are in such premises. The fee to be paid by each special license shall be as set forth in the fee schedule at Section
600.690. This special license shall allow the sale of intoxicating liquor in the original package.
1.
Caterers issued a special license
pursuant to this Subsection shall report to the Commissioner the location
of each function five (5) business days in advance. The report of
each function shall include permission from the property owner, description
of the premises, and the date or dates the function will be held.
D. Notwithstanding any other provision of this Chapter to the contrary, the Commissioner may issue a special permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of Chapter 311, RSMo., and a license issued pursuant to Section 311.486.2, RSMo., and who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises but not including a "festival" as defined in Chapter 316, RSMo. The permit shall be effective for a maximum of fifty (50) days during any year, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption on the premises in which such function, occasion or event is held. All provisions of the City's ordinances, rules and regulations shall extend to such premises and shall be in force and enforceable during all the time the permittee, its agents, servants, employees or stock are in such premises. The fee to be paid by each special permit shall be as set forth in the fee schedule at Section
600.690. This special permit shall allow the sale of intoxicating liquor in the original package.
1.
Caterers issued a special permit
pursuant to this Subsection shall report to the Commissioner the location
of each function five (5) business days in advance. The report of
each function shall include permission from the property owner, description
of the premises, and the date or dates the function will be held.
2.
Notwithstanding the provisions of this Chapter to the contrary, applications for special permits issued pursuant to this Subsection
D shall be exempt from the requirements of Section
600.300.
E. Notwithstanding any other provision of this Chapter to the contrary, the Commissioners may issue a temporary license to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of Chapter 311, RSMo., who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises but not including a "festival" as defined in Chapter 316, RSMo. The temporary license shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption on the premises in which such function, occasion or event is held. Such temporary licenses shall be issued for a period not to exceed one hundred sixty-eight (168) consecutive hours and may not be renewed. All provisions of the City's ordinances, rules and regulations shall extend to such premises and shall be in force and enforceable during all the time the licensee, its agents, servants, employees or stock are in such premises. The fee to be paid by each temporary licensee shall be as set forth in the fee schedule at, Section
600.690. This temporary license shall allow the sale of intoxicating liquor in the original package.
1.
Completed applications for a temporary
license issued pursuant to this Subsection must be submitted to the
Commissioner at least two (2) business days in advance of the particular
function, occasion or event for which the temporary license is being
requested.
2.
Notwithstanding the provisions of this Chapter to the contrary, applications for special permits issued pursuant to this Subsection
(E) shall be exempt from the requirements of Section
600.300.
F. Notwithstanding any other provisions of this Chapter to the contrary, applications for special permits or temporary licenses issued pursuant to Subsections
(D) and
(E) of this Section shall be on forms prepared by the Commissioner, which form shall require the person requesting the special permit or temporary license to provide the following information:
1.
The name and address of the applicant
if a person, or if a firm, partnership or association, the name and
address of each member of the firm, partnership or association so
applying, or if the applicant is a corporation, the names and addresses
of all its officers, members of its Board of Directors and ownership
interests shall be required;
2.
Copies of each valid license issued
to the applicant pursuant to Chapter 311, RSMo.;
3.
Copies of each valid local license,
except temporary or special licenses, issued by any city or county
of this State;
4.
Evidence of permission from the property
owner;
5.
Description of the premises at which
the particular function, occasion or event will be conducted;
6.
The date or dates the function will
be held; and
7.
Any and all other information deemed
necessary by the Commissioner or the Commission.
G. Upon a denial of any such special permit or temporary license by the Commissioner, any person aggrieved by the decision may appeal the decision of the Commissioner to the Commission. The procedures for appeal of a denial of a special permit or temporary license to the Commission shall proceed in the manner of an application for a license pursuant to this Chapter. Appeals from the decision of the Commission shall proceed in the manner described in Section
600.310(B) of this Code.
[R.O. 2007 § 600.585; Ord. No. 4437 § 10, 2-9-2006]
A. Notwithstanding any other provisions of
this Chapter, the City of St. Peters or any person legally owning,
controlling or possessing a private collection of vintage wines in
their original packages, including an executor, administrator, personal
representative, guardian or conservator of an estate, sheriff, trustee
in bankruptcy or person appointed or authorized by a court to act
upon or execute a court order or writ of execution with regard to
the disposition of that vintage wine, is authorized to sell that vintage
wine at auction on consignment through an auctioneer licensed as provided
in this Section.
B. A license to conduct auctions of vintage wine to any person licensed as an auctioneer pursuant to Chapter 343, RSMo., and regularly conducting business as an auctioneer at a fixed location within the City of St. Peters or within a City in a County of the first classification with a Charter form of government shall be issued on proper application as provided in this Chapter upon compliance with the provisions of this Chapter, upon the approval of the Commission and payment of the applicable license fee contained in the fee schedule at Section
600.690. A license to conduct auctions of vintage wine shall be issued for a period of one (1) year and shall authorize the auctioneer to conduct not more than six (6) auctions of vintage wine during such year.
Provided however, that no such license
to auction vintage wine may be issued to any person or any entity
controlled in whole or in part by a person who:
1.
Has been convicted of a felony or
of any offense under this Chapter;
2.
Either possesses a current license
to sell intoxicating liquor at wholesale or retail or previously possessed
such a license which was revoked for cause; or
3.
Has not been continuously in business
in this State as an auctioneer for a period of ten (10) years prior
to making application for such license to auction vintage wine. The
license to auction vintage wine shall be in addition to any license
or permit requirements imposed by ordinance within the County or municipal
jurisdictions in which the auctioneer conducts such business.
C. The auctioneer involved in such sale shall
ensure that each bottle of vintage wine sold from a private collection
has a permanently fixed label stating that the bottle was acquired
from a private collection.
D. No auction of vintage wine may be conducted
off the business premises of the auctioneer. No vintage wine sold
at auction shall be consumed on the premises of the auctioneer, nor
shall any original package of vintage wine be opened on such premises
in the course of any such auction, except as provided herein. An auctioneer
licensed to sell vintage wine pursuant to this Section may hold vintage
wine tastings on the premises where an auction of such vintage wine
is to be conducted within the period of twenty-four (24) hours immediately
preceding the commencement of the auction.
E. A municipality or person legally owning, controlling or possessing a private collection of vintage wines in their original packages may ship the vintage wine in such packages from any location within the State of Missouri to an auctioneer licensed pursuant to this Section and Section 311.191, RSMo. Upon receipt of the vintage wine the auctioneer shall be responsible for the storage and warehousing thereof, for the labeling thereof pursuant to the requirements of Subsection
(C) of this Section, for the delivery of the vintage wine to the purchasers at auction and for the payment and transfer of any applicable State and local taxes in connection with the auction sale.
F. An auctioneer licensed pursuant to this
Section shall be subject to all restrictions, regulations and provisions
of this Chapter governing the acquisition, storage and sale of intoxicating
liquor for off-premises consumption, which are not inconsistent with
the provisions of this Section.
G. An auctioneer who affixes a label to any bottle of vintage wine, as provided in Subsection
(C) of this Section, without having determined through the exercise of reasonable diligence that the wine was acquired from a bona fide private collection shall be guilty of an ordinance violation and, upon a finding of or plea of guilty with regard to any such ordinance violation, shall be subject to cancellation of the license issued pursuant to this Section.
[R.O. 2007 § 600.590; CC 1979 § 3-51; Ord. No. 88 § 18, 4-17-1972; Ord. No. 509 § 52, 5-24-1979; Ord. No. 1468 § 5, 11-10-1988; Ord. No. 3359 § 5, 12-14-2000]
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.
[R.O. 2007 § 600.600; CC 1979 § 3-52; Ord. No. 509 § 53, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
It shall be unlawful, without the
express consent of the Board of Aldermen, for any licensee hereunder
to move the location of his/her licensed establishment.
[R.O. 2007 § 600.605; Ord. No. 3654 § 4, 5-23-2002; Ord. No. 3662 § 1, 6-13-2002]
A liquor license may be temporarily
modified to include an extension of the licensed premises beyond the
physical structure provided that the licensee successfully completes
the application process set forth by the Liquor Commission and pays
an administrative fee of seventy-five dollars ($75.00).
[R.O. 2007 § 600.610; CC 1979 § 3-54; Ord. No. 509 § 54, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
All licenses duly issued and obtained
in compliance with this Chapter shall, at all times, be placed in
an open and conspicuous location within the premises being operated
thereunder.
[R.O. 2007 § 600.630; CC 1979 § 3-56; Ord. No. 509 § 56, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
In the event the operation of a duly
licensed liquor establishment, as contemplated herein, shall be discontinued
or abandoned for a period of ninety (90) days or more, the Board of
Aldermen, first having given five (5) days' written notice to the
licensee of said establishment by causing same to be served upon him/her
or left at his/her last known address by a City Police Officer, may
declare such license abandoned or forfeited.
[R.O. 2007 § 600.640; CC 1979 § 3-57; Ord. No. 88 § 19, 4-17-1972; Ord. No. 509 § 57, 5-24-1979; Ord. No. 701 § 6, 2-11-1982; Ord. No. 1048 § 8, 10-10-1985; Ord. No. 3359 § 5, 12-14-2000]
A. Each license issued in compliance with
this Chapter shall expire on June 30 next succeeding the beginning
date of such license. Of the annual license fee to be paid for any
such license, the applicant shall pay as many twelfths as there are
months, part of a month to be counted as one (1) month, remaining
from the date of the license to the next succeeding June 30. No license
shall be given a beginning date prior to the date of approval of the
application and granting such license by the Commission.
B. If the Commissioner determines so to do,
he/she may issue an extension of license for not in excess of thirty
(30) days beyond the termination date of any license issued for the
purpose of completing investigations and other necessary elements
in the processing of the license application. The charge for such
extension shall be one-twelfth (1/12) of the annual license fee as
prescribed herein.
[R.O. 2007 § 600.650; CC 1979 § 3-58; Ord. No. 88 § 20, 4-17-1972; Ord. No. 509 § 58, 5-24-1979; Ord. No. 701 § 5, 2-11-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 9, 4-24-2014; Ord. No. 6385 § 3, 8-13-2015]
Notwithstanding any other provision of this Code to the contrary, any license issued under this Chapter may be revoked or suspended by the Commission for a period of time not to exceed one hundred twenty (120) days for any licensee who fails, at all times, to keep an orderly place under Section
600.230, or for violating any of the provisions of this Chapter, subject to the notice and hearing requirements and procedures set forth in Section
605.020 of this Code.
[R.O. 2007 § 600.660; CC 1979 § 3-59; Ord. No. 509 § 59, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
In case any license issued under
the provisions of this Chapter is revoked, surrendered or forfeited
by the licensee, not used or used for only part of the license period,
after the effective beginning date of such license, no refund of any
license fee or part thereof shall be made.
[R.O. 2007 § 600.680; CC 1979 § 3-62; Ord. No. 509 § 61, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 15, 1-14-2010]
Each licensee authorized to manufacture
and sell, or to sell at wholesale, intoxicating liquor, shall, when
requested, furnish to the Commissioner a sworn statement showing the
amount of such alcoholic beverage manufactured and sold, and to whom
sold, during the period requested.
[R.O. 2007 § 600.690; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3409 § 1, 3-8-2001; Ord. No. 3654 § 5, 5-23-2002; Ord. No. 3662 § 2, 6-13-2002; Ord. No. 3673 § 3, 7-25-2002; Ord. No. 3724 § 1, 10-10-2002; Ord. No. 3892 § 1, 9-11-2003; Ord. No. 4437 § 11, 2-9-2006; Ord. No. 5324 § 16, 1-14-2010; Ord. No. 5716 § 3, 2-23-2012]
License Type
|
License Fee
|
Discussed at Section
|
---|
Intoxicating liquor by the drink
|
$450.00
|
600.450, 600.460
|
Intoxicating liquor in the original
package
|
$150.00
|
600.470
|
Sunday licenses
|
$300.00
|
600.540
|
5% beer and light wine by the drink
|
$75.00
|
600.430
|
5% beer by the drink
|
$75.00
|
600.420
|
5% beer in the original package
|
$75.00
|
600.440
|
Distributor or wholesaler of malt
liquor not in excess of 5% alcohol by weight
|
$150.00
|
600.400
|
Distributor or wholesaler of malt
liquor in excess of 5% alcohol by weight and not in excess of 22%
of alcohol by weight
|
$300.00
|
600.480
|
Distributor or wholesaler of intoxicating
beverages of all kinds
|
$750.00
|
600.410
|
Consumption license
|
$90.00
|
600.550
|
Special catering license
|
$1,500.00
|
600.580(C)
|
Special catering permit
|
$750.00
|
600.580(D)
|
Temporary catering license
|
$15.00/calendar day, or fraction
thereof, for which the license is issued
|
600.580(E)
|
Temporary picnic license
|
$37.50
|
600.580(A)
|
Special temporary license
|
$150.00
|
600.580(B)
|
Manufacturers, distillers, blenders
of malt liquor not in excess of 5% by weight of alcohol
|
$375.00
|
600.380
|
Manufacturers, distillers, blenders
of intoxicating liquors of all kinds
|
$675.00
|
600.390
|
Manufacturers, distillers, blenders
of intoxicating liquors not exceeding 22% by weight of alcohol
|
$300.00
|
600.490
|
Club license for sale of intoxicating
liquor in excess of 5% by weight of alcohol
|
$150.00
|
600.570
|
Wine and malt beverages, permit to
allow tasting on premises
|
$37.50
|
600.475
|
Auction of vintage wine
|
$750.00
|
600.585
|
Manufacturers of wine or brandy, for each five hundred 500 gallons
or fraction thereof produced
|
$7.50, up to a maximum of $450.00
|
600.560
|