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21, 2003, repealed chapter 600 and enacted new provisions set out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:
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.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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).
For purposes of this Chapter only, an establishment having
at least forty (40) rooms for the overnight accommodations of transient
guests.
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.
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.
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.
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.
Any package containing one (1) or more standard bottles,
cans, or pouches of beer, fifty (50) milliliters (1.7 ounces) or more
of spirituous liquors or one hundred (100) milliliters (3.4 ounces)
of vinous liquors in the manufacturer's original container, or as
provided in Section 311.202, RSMo., when applicable, or as otherwise
defined by the Missouri Department of Public Safety.
[Ord. No. 3290, 10-5-2021]
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator or any officer
appointed by any State or Federal court.
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.
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.
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; Ord. No. 3290, 10-5-2021]
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, or as otherwise provided
in Section 311.202, RSMo.
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, or as otherwise provided in
Section 311.202, RSMo.
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, or as otherwise provided in Section
311.202, RSMo.
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 6:00 A.M. and 1:30 A.M. on the following Monday, 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, or as otherwise provided in Section 311.202,
RSMo.
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, or as otherwise provided in Section 311.202, RSMo.
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.
[Ord. No. 3290, 10-5-2021]
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.
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.
[1]
Editor's Note: Former Section 600.035, Certain Relief To Bars
And Restaurants, was repealed 10-5-2021 by Ord. No. 3290.
[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.
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. Notwithstanding the foregoing,
the dimensional restriction of one hundred (100) feet shall not apply
to that section of W. St. Louis Street from the 1st Street intersection
west to the 2nd Street intersection, to include all parcels with frontage
on either side of W. St. Louis Street on this block. (101 W. St. Louis
to 147 W. St. Louis on the north side; 104 W. St. Louis to 142/146
W. St. Louis on the south side.)
[Ord. No. 3320, 5-3-2022]
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.
