City of Pacific, MO
Franklin County
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Table of Contents
Table of Contents
Cross Reference — Driving while intoxicated, §340.200 et seq.
Editor's Note — Ord. no. 2350 §1, adopted October 21, 2003, repealed chapter 600 and enacted new provisions set out herein. Former chapter 600 derived from rev. ords. 1910 §§66, 69 — 71, 75; ord. no. 579 §2, 9-3-46; ord. no. 580 §§1 — 5, 7, 10-1-46; ord. no. 681 §§1 — 7, 9 — 12, 5-4-54; ord. no. 952 §§1 — 7, 9 — 11, 8-2-66; ord. no. 981 §§1 — 2, 9-5-67; ord. no. 986 §1, 12-22-67; ord. no. 1064 §§1 — 7, 9 — 12, 8-16-71; ord. no. 1093 §1, 12-19-72; ord. no. 1106 §1, 4-17-73; CC 1976 §§4-1 — 4-2, 4-4 — 4-5, 4-7, 4-9 — 4-13, 4-25 — 4-33, 4-35 — 4-49; RSMo. §§311.310 — 311.320, 312.410; ord. no. 1511 §1, 4-19-88; ord. no. 1608 §1, 10-1-91; ord. no. 1711 §1, 6-15-94; ord. no. 1790 §1, 10-4-94; ord. no. 1791 §1, 10-4-94; ord. no. 1841 §1, 5-2-95; ord. no. 1964 §1, 2-4-97.
Editor's Note — Ord. no. 2350 §2, adopted October 21, 2003, as set out herein states that said ordinance shall apply retroactively to all licenses previously issued by the City.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §1, 12-1-2009]
When used in this Chapter, the following words shall have the following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or any outdoor golf course with a minimum of nine (9) holes and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
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 the payment of common area maintenance charges as provided in the respective leases permitting the use 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).
HOTEL
For purposes of this Chapter only, an establishment having at least forty (40) rooms for the overnight accommodations of transient guests.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol in excess of one-half of one percent (0.5%) by weight and not in excess of five percent (5%) alcohol by weight, manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water.
MICROBREWERY
A State-licensed business whose primary activity is the brewing and selling of beer with an annual production of ten thousand (10,000) barrels or less.
ORIGINAL PACKAGE
As applied to the sale of malt liquor, any package containing three (3) or more standard bottles of beer, when such bottles contain malt liquor. As applied to any other sale of intoxicating liquor other than malt liquor, 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.
PERSON
An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator or any officer appointed by any State or Federal court.
PLACE OF ENTERTAINMENT
Any establishment in St. Louis County or where else permitted by State law which has occupancy capacity for patrons of at least three hundred (300) and which has gross annual sales in excess of two hundred fifty thousand dollars ($250,000.00) and which has been in operation for at least one (1) year.
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
Sales of intoxicating liquor at retail by the drink for consumption on the premises of the licensee. Sales 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.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §2, 12-1-2009; Ord. No. 2851 §1, 12-4-2012]
A. 
No person shall sell or offer for sale intoxicating liquor in the City of Pacific without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.
1. 
General licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor:
a. 
Package liquor — malt liquor. Sales of malt liquor at retail in the original package not for consumption on the premises where sold and including Sunday sales.
b. 
Package liquor — all kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold.
c. 
Liquor by the drink — malt liquor. Sales of malt liquor at retail by the drink for consumption on the premises where sold and including Sunday sales.
d. 
Liquor by the drink — malt liquor/light wine. Sales of malt liquor and light wine at retail by the drink for consumption on the premises where sold.
e. 
Liquor by the drink — all kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold.
f. 
Liquor by the drink — common eating and drinking areas. Sales of intoxicating liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
2. 
Sunday sales. Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor on Sundays between the hours of 9:00 A.M. and Midnight, unless otherwise provided:
a. 
Package liquor — all kinds. Sales of liquor of all kinds in the original package at retail not for consumption on the premises where sold.
b. 
Liquor by the drink — restaurant bar. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any restaurant bar.
c. 
Liquor by the drink — amusement place. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any amusement place.
d. 
Liquor by the drink — place of entertainment. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any place of entertainment.
e. 
Liquor by the drink — common eating and drinking area. Sales of liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area between the hours of 11:00 A.M. and Midnight.
3. 
Permits.
a. 
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a temporary special permit to sell intoxicating liquor for consumption on the premises where sold.
b. 
Tasting permit. Any person who meets the requirements and is licensed to sell intoxicating liquor in the original package at retail under this Chapter may apply for a special permit to conduct wine, malt beverage, and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §3, 12-1-2009]
A. 
Package Sales, Limitations.
1. 
No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon 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 drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such 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. Under such license no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter.
2. 
No license for the sale at retail of any and all kinds of intoxicating liquor in the original package shall be granted or issued to any person if the gross sales of said intoxicating liquor shall exceed fifty percent (50%) of the gross sales generated by said person at the licensed location.
B. 
Temporary Permit For Sale By Drink — Certain Organizations.
1. 
The Board of Aldermen may issue a permit to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of intoxicating liquor for consumption on the premises where sold at a picnic, bazaar, fair or similar gathering. The permit 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 in any fiscal year.
2. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3. 
At the same time that an applicant applies for a permit under the provisions of this Section, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.
4. 
No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at such picnic, bazaar, fair or similar gathering.
C. 
Operating Hours, Days.
1. 
No licensee shall sell, give away or otherwise dispose of or allow the same to be done on or about the premises any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
2. 
When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the championship game of the National Football League is played, commonly known as "Super Bowl Sunday", a licensee 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 to the contrary.
D. 
General License Regulations.
1. 
Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.
2. 
A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
3. 
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 Chapter, may make application and the City Administrator/Clerk 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. Whenever one (1) or more members of a partnership withdraws from the partnership, the City Administrator/Clerk, 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.
4. 
In the event any licensee desires to change the location of the place of business in the City, it shall be necessary to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location shall be issued immediately upon the approval of the application by the Board of Aldermen. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
E. 
Druggists May Sell And Physicians Prescribe Liquor. Any druggist may have in their possession intoxicating liquor purchased from a licensed vendor under a license pursuant to State law or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State and lawfully inspected, gauged and labeled as provided by State law; such intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservant; provided, that nothing in this Chapter shall prevent a regularly licensed druggist, after procuring a license therefor, from selling intoxicating liquor in the original package but not to be drunk or the packages opened on the premises where sold; and provided further, that nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with their professional judgment for any patient at any time or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as above provided.
[Ord. No. 3189, 4-7-2020]
All vendors licensed to sell alcoholic beverages for consumption on-premise shall be allowed to sell alcoholic beverages for take-out, curbside and delivery; but only in a manner that is consistent with the Missouri Division of Alcohol and Tobacco Control Response to COVID-19 issued March 19, 2020, attached hereto as Exhibit A (held on file in the City offices) and incorporated by this reference. Only original package products may be sold for off-premise consumption.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §4, 12-1-2009; Ord. No. 2792 §1, 6-7-2011; Ord. No. 2851 §2, 12-4-2012]
A. 
The following categories and subcategories of licenses shall be issued upon compliance with all State licensing provisions and license fee payments, the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Package liquor sales.
(1) 
Malt liquor (also includes Sunday sales): $75.00.
(2) 
Intoxicating liquor (all kinds): $150.00.
b. 
Sale by the drink.
(1) 
Malt liquor (also includes Sunday sales): $50.00.
(2) 
Malt liquor/light wine: $50.00.
(3) 
Intoxicating liquor (all kinds): $325.00.
(4) 
Common eating and drinking area: $325.00.
c. 
Sunday sales (in addition to other license fees, except as noted above).
(1) 
All package liquor sales (intoxicating liquor only): $300.00.
(2) 
All sales by the drink (intoxicating liquor only): $300.00.
(a) 
Restaurant bars;
(b) 
Amusement places;
(c) 
Places of entertainment;
(d) 
Common eating and drinking areas.
d. 
Special permits.
(1) 
Temporary permit — intoxicating liquor for sale by the drink: $37.50.
(2) 
Tasting permit (in addition to other license fees): $50.00.
(3) 
Caterers (per each calendar day or fraction thereof): $10.00.
2. 
Duration. Of the license fee to be paid for any such license (other than temporary permits), the applicant shall pay as many twelfths (12ths) as there are months remaining from the date of the license to the next succeeding July first (1st). For purposes of this Subsection, part of a month shall count as a whole month.
[Ord. No. 2792 §2, 6-7-2011]
A. 
The City may issue a temporary 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 this Chapter 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 permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, 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. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.040 above for which the permit is issued.
B. 
Except as provided in Subsection (C), all provisions of the liquor control law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held, shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C. 
Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2420 §1, 12-7-2004]
A. 
Filing Of An Application. Each application for an original or renewal license shall be filed with the City Administrator/Clerk on a form to be provided by the City, signed and sworn to by the applicant. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City. The application shall contain the name of the applicant, the applicant's age, residence and length of time the applicant has resided in the City; a description of the place where the applicant intends to sell alcoholic beverages; a statement as to the applicant's former residence and former business; and a statement as to whether the applicant has previously been convicted of an offense or felony.
B. 
Qualifications. Neither the applicant nor any officer, director or shareholder of a corporate applicant shall have been convicted of a felony or of any distribution, sale or possession of any controlled substances or dangerous drugs. The applicant shall present with the application a bona fide sale contract or option duly executed, which may be subject to the applicant obtaining a liquor license or a bona fide lease duly executed by the lessor or an option for a lease duly executed, subject to the applicant obtaining a liquor license, covering the property for which a liquor license is requested. If the applicant is a corporation, the petition shall set forth all of the above information with respect to the managing officer or officers, identifying such officer or officers. The application shall further state the full name of the corporation, its date of incorporation, its registered agent and registered address, the names and addresses of all shareholders of the corporation and whether said corporation operates any other business or controls or is controlled by any other corporation or business and, if so, the application shall further state the name of such controlled or controlling corporation or business, its registered agent and registered address and the location of all businesses operated by it and the name and address of any such businesses with a liquor license, whether within or without the City, and the application shall also state if such controlling corporation or any controlled corporation is doing business under a fictitious name and the address where said business is located.
In addition thereto the Board of Aldermen may request such additional information of an applicant as the Board of Aldermen may deem necessary to make a determination with respect to the issuance of a liquor license to an applicant.
C. 
Location. The Board of Aldermen shall consider the location of the proposed business which a license is sought with respect to proximity to a school, a church, a public park or playground and to other places of the character for which a license is sought and shall have authority to refuse to issue a license when in the judgment of the Board of Aldermen the issuance thereof would not be in the best interests of the locality of the proposed business. In no event shall the Board of Aldermen approve the issuance of a non-temporary license for the sale of liquor within one hundred (100) feet of any school or a church or other building regularly used as a place of worship; except that when a school, church or place of worship shall thereafter be established within one hundred (100) feet of any place of business already licensed to sell intoxicating liquor, renewal of the license shall not be denied for this reason.
D. 
Duration. All licenses and renewals issued under the provisions of this Section shall run for a period of one (1) year beginning on the first (1st) day of July of each year or as many twelfths (12ths) as there are months remaining from the date of the license to the next succeeding June thirtieth (30th). For purposes of this Section, part of a month shall count as a whole month.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §5, 12-1-2009]
A. 
Purchase Or Possession By Minor, Misdemeanor. No person under the age of twenty-one (21) years shall purchase, attempt to purchase or possess any intoxicating liquor except as otherwise authorized by law. For purposes of prosecution, a manufacturer-sealed container which describes the contents as intoxicating liquor need not be opened or the contents tested to establish the contents as intoxicating liquor.
B. 
Persons Eighteen (18) Years Of Age Or Older May Sell Or Handle Liquor Or Beer — When.
1. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
2. 
In any place of business licensed in accordance with this Chapter, where at least fifty percent (50%) of the gross sales made consists of goods, merchandise or commodities other than intoxicating liquor in the original package, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack for carry-out 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.
3. 
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.
C. 
Sales To Minor — Exceptions. No licensee, employee or any other person shall procure for, 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, 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 such 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 while serving in the capacity as an employee of the licensee.
D. 
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.
1. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that the person has attained the age of twenty-one (21) years, except in cases authorized by law.
2. 
In addition to Subsection (D)(1) above, no person under the age of twenty-one (21) years shall use 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., as amended, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §6, 12-1-2009]
A. 
Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this State except as otherwise provided by Missouri law. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Section.
B. 
Mixing Liquor With Drugs Prohibited. No licensee or any other person shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.
C. 
Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri and any such person upon conviction shall have their license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.
D. 
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.
E. 
Off-Premises Consumption.
1. 
No licensee shall sell intoxicating liquor at retail in the original package, not to be consumed on the premises where sold, in any quantity other than as described on the package.
2. 
No licensee shall permit any person to remove from the licensed premises any intoxicating liquor in any unsealed glass, bottle, can or other open container of any type.
3. 
All licensees shall post a notice at each exit of the premises which is used by customers or patrons that "NO ALCOHOLIC BEVERAGES MAY BE CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING".
F. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be unlawful for any licensee or employee or agent to sell or supply intoxicating liquor or permit such to be sold or supplied to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.
G. 
Drinking In Public Places Prohibited.
1. 
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare or other public way of the City or any parking lot.
2. 
No person shall drink or ingest any intoxicating liquor in or on any public place. No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while in or upon any public place. This Subsection shall not apply where a temporary liquor license has been granted for a special event expressly authorizing use of public places or where other express authority is granted by the Board of Aldermen.
3. 
No person shall possess or have under that person's control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while within or on any motor vehicle while the same is being operated upon or parked or standing in or upon any public place.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §7, 12-1-2009]
A. 
Suspension Or Revocation Of License — When — Manner. The Board of Aldermen may suspend or revoke the license of any person for cause shown. In such cases, the City Administrator/Clerk shall schedule a hearing before the Board of Aldermen not less than ten (10) days prior to the effective date of revocation or suspension and prior to the hearing the City Administrator/Clerk shall give not less than five (5) days' written notice to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapter 311, RSMo., as amended, or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years,
b. 
Any person during unauthorized hours on the licensed premises,
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Board of Aldermen.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311, RSMo., as amended. A license shall be suspended automatically if the licensee's State liquor license is suspended and the suspension shall be for a term not less that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Board of Aldermen shall sell or give away any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep the premises open for the sale of food or merchandise during the period of suspension shall display the Board of Aldermen's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[Ord. No. 2350 §1, 10-21-2003; Ord. No. 2737 §8, 12-1-2009]
A. 
Testimony — Evidence. Hearings before the Board of Aldermen shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Board of Aldermen for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board of Aldermen also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify on any such hearing, the witness shall be sworn by the City Administrator/Clerk to tell the truth and nothing but the truth.
D. 
Decision. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board of Aldermen shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall issue. In the event of a revocation, no portion of the license fee paid by the licensee shall be refunded.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board of Aldermen may appeal such decision pursuant to Chapter 155 of this Code.