Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[R.O. 2011 §§600.070, 600.100; Ord. No. 649 §§6, 9, 7-6-1993]
A. No
license shall be issued for the sale of malt liquor at retail by the
drink for consumption on the premises in the City, except where the
place of such business, according to the application for such license,
is to be located within the business district of this City.
B. No
license shall be issued for original package sales under this Chapter,
where the place of such business sought to be licensed, according
to the application for such license, is located outside the business
district of the City as defined in this Code.
[R.O. 2011 §§600.210, 600.230; Ord. No. 649 §§20, 22, 7-6-1993]
A. The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1. General licenses.
a. Malt liquor — original package: $75.00.
b. Intoxicating liquor (all kinds) — original package: $150.00.
c. Malt liquor — by drink: $75.00.
d. Malt liquor and light wines — by drink: $75.00.
e. Intoxicating liquor (all kinds) — by drink (resort): $450.00.
2. Sunday sales. (Additional fee)
a.
Intoxicating liquor at retail: $300.00.
3. Permits.
a. Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
c. Caterers: $15.00 per each calendar day.
B. Duration — Proration And Refund Of Fees. All licenses
issued under the provisions of this Chapter shall expire on the thirty-first
(31st) day of December following the issuance thereof. For a partial
year license, the fee shall be prorated quarterly. No license fee
shall be returned to the holder upon sale, transfer or dissolution
of the business for which the license was issued.
C. Revocation To Forfeit License Fee. In case of revocation
or forfeiture of any license granted and issued under the provisions
of this Chapter for cause or otherwise, the City shall in no event
return any part of the fee paid for such license.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
[R.O. 2011 §§600.170, 600.190; Ord. No. 649 §§16, 18, 7-6-1993]
A. All
applications for licenses under the provisions of this Chapter shall
be made in writing to the Board of Aldermen. All applications, except
for sale of malt liquors at retail for consumption on the premises
shall be accompanied by an inventory and appraised valuation of stock
of goods at the place of business proposed in such application, other
than intoxicating liquor, which inventory and appraisal shall be under
oath; such inventory and appraised valuation shall be the value according
to invoice at the time of making the application for such license.
No license shall be granted at the same meeting of the Board of Aldermen
at which the application is presented, except by unanimous vote of
the Board. Provided however, that such application may be passed on
by the Board of Aldermen at the first (1st) meeting of the Board at
which the application is presented, if such applicant has first served
notice, in writing, of his/her intention to present such application
(including a copy of the application) upon each member of the Board
of Aldermen, at least five (5) days before the meeting of the Board
of Aldermen, at which such application is to be presented. Applications
for renewal of licenses must be filed on or before the first (1st)
day of December of each calendar year.
B. Granting — Conditions To Be Met. On approval of the application by the Board of Aldermen and payment of the license tax herein provided, the City Clerk shall grant the applicant a license to conduct business in the City for one (1) year from date of issuance of such license or for a fraction thereof as provided in Section
600.040(B). A separate license shall be required for each place of business.
1. 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.
2. Provided that the City Clerk shall not deliver to any person a license
under the provisions of this Chapter, until such person shall produce
the receipt of the City showing that the taxes levied on such license
have been paid.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
[R.O. 2011 §600.020; Ord. No. 649 §2, 7-6-1993]
No person shall possess intoxicating liquor in any quantity
for any purpose within the City which has not been lawfully manufactured.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
[R.O. 2011 §600.130; Ord. No. 649 §12, 7-6-1993]
Upon conviction of any person under the provisions of this Chapter,
it shall be the duty of the Municipal Judge to certify such conviction
to the Board of Aldermen.