[CC 1974 §3-1; Ord. No. 823 §3, 2-7-1973]
For the purposes of this Chapter, the following terms are defined
as follows:
Any building or structure regularly and primarily used as
a place of worship by any organized religious society, organization
or congregation, regardless of whether or not such building or structure
was originally designed and constructed for such purposes.
A place where all doors are locked and where no patrons are
in the place or about the premises.
The clubs which shall be entitled to a license shall be regularly
incorporated associations, not for profit, under the laws of the State,
organized for the sole purpose as benevolent, charitable or social,
having regular dues-paying members; however, any incorporated associations
organized for the sole reason of selling alcoholic liquor shall not
be entitled to a license.
Any place that is regularly or irregularly used as a place
of repose, sleep or rest, or any place containing a bed, cot, divan,
couch or any other article of furniture on which an adult person may
recline; however, this shall not include premises used as a hotel
or hotel room.
As applied to the location of liquor establishments, shall
refer to the street upon which the principal entrance of such liquor
establishment is located.
Alcohol for beverage purposes, 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 (.5%) by volume except for non-intoxicating beer as
defined in this Section.
Liquor, including any beer manufactured from pure hops, or
pure extract of hops, and pure barley malt, or other wholesome grains
or cereals, and wholesome yeast and pure water, free from all harmful
substances, preservatives and adulterants, and having an alcoholic
content in excess of three and two-tenths percent (3.2%) by weight,
and not in excess of five percent (5%) by weight.
Any person who is in active management and control, who may
be designated by the corporation as the managing officer and who may
be eligible as an individual to receive a license for the sale of
intoxicating liquor.
Any beer made from pure hops, or pure extract of hops, and
pure barley malt, or other wholesome grains or cereals, and wholesome
yeast and pure water, free from all harmful substances, adulterations
and preservatives, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) alcohol by weight.
At least one (1) container of not less than eight (8) ounces
of any intoxicating liquor containing in excess of five percent (5%)
alcohol by volume, or three (3) or more standard containers of malt
liquor or non-intoxicating beer.
The place where a person will conduct the selling of liquor,
which may be one (1) room, a building comprising several rooms or
a building with surrounding land, and should be so set out and described
in the application for license. Partitions may be run through a building
which would make two (2) separate premises, which must be separate
and distinct from each other and capable of being individually described
in the license. There should also be a separate entrance to the front
of each, and each should have a separate address.
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.
Any place which is regularly used as a public, private, parochial,
elementary, high or professional school.
[CC 1974 §3-2; Ord. No. 823 §7, 2-7-1973]
It shall be unlawful for the holder of any license authorized
by this Chapter for the sale of intoxicating liquor at retail by the
drink for consumption on the premises where sold, to keep or secrete
or allow any other person to keep or secrete in or upon the premises
described in such license any intoxicating liquor other than the kind
expressly authorized to be sold by such license.
[CC 1974 §3-3; Ord. No. 823 §9, 2-7-1973; Ord.
No. 1297 §2, 6-3-1987; Ord. No. 1345 §2, 8-24-1988]
A.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B) of this Section, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her 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. Sunday and 6:00 A.M. Monday. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a
place where all doors are locked and where no patrons are in the place
or about the premises.
B.
Any person licensed pursuant to Section 600.200 shall not be permitted to sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her 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. Sunday and 6:00 A.M. Monday.
C.
No
person having a license under this Chapter for the sale of non-intoxicating
beer, nor any employee of such person, shall sell, give away or otherwise
dispose of, or suffer the same to be done, upon or about his/her premises,
any non-intoxicating beer in any quantity between the hours of 1:30
A.M. and 6:00 A.M. on any day of the week.
[CC 1974 §3-4; Ord. No. 823 §10, 2-7-1973]
A.
No
person or his/her employees shall sell or supply intoxicating liquor
or permit same to be sold or supplied to a habitual drunkard or to
any person who is under or apparently under the influence of intoxicating
liquor.
B.
Intoxicating
liquor shall not be given, sold or otherwise supplied to any person
under the age of twenty-one (21) years, but this shall not apply to
the supplying of intoxicating liquor to a person of said age for medicinal
purposes only, or by the parent or guardian of such person, or to
the administering of intoxicating liquor to such person by a physician.
C.
No
wholesale licensee shall deliver or cause intoxicating liquors, wines
or non-intoxicating beer to be delivered to any premises unless there
shall be prominently displayed therein a license issued by the City
Council to the person purchasing such liquor, beer or wine, designating
such purchaser as a person licensed to sell on said premises the kind
of liquor or beer he/she is about to deliver.
[CC 1974 §3-5; Ord. No. 823 §12, 2-7-1973]
No license shall be granted for the sale of intoxicating liquor
within one hundred (100) feet of the premises of any school or church,
unless the applicant for such license shall first obtain the consent
in writing of the majority of the board of directors of such school
or the consent in writing of such church, except that when a school,
church or place of worship shall hereafter be established within one
hundred (100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for lack of consent in writing
as herein provided.
[CC 1974 §3-10; Ord. No. 823 §7, 2-7-1973]
Licensees under this Chapter are at all times responsible for
the conduct of their business and are at all times directly responsible
for any act or conduct of any employee on the premises which is in
violation of the intoxicating liquor laws or the non-intoxicating
beer laws or the regulations of the ordinances of the City.
A.
No
person shall possess intoxicating liquor in any quantity for any purpose
in the State of Missouri which has not been lawfully manufactured.
B.
No
person shall possess intoxicating liquor within the State of Missouri
for sale in any quantity, or for any other purpose in any quantity,
in excess of five (5) gallons, unless the required inspection, labeling
or gauging fee or license has been paid thereon, except that persons
licensed by the Supervisor of Liquor Control as manufacturers, blenders,
or distillers of intoxicating liquor may possess intoxicating liquor
in this State in bulk without having paid the fees above referred
to when it is to be used only in manufacturing, blending, or distilling
intoxicating liquor, and subject to such regulations as the Supervisor
of Liquor Control may prescribe to safeguard the fees due the State
of Missouri. Persons licensed as manufacturers, blenders, distillers,
and wholesalers whose licensed premises are within the State of Missouri
may possess in United States government bonded warehouses located
in this State intoxicating liquors which have been bottled in United
States government bond without first paying the fees subject to such
regulations as the Supervisor of Liquor Control may prescribe to safeguard
the fees due this State when the liquor is withdrawn from said warehouse
for sale or storage in this State outside of a United States internal
revenue bonded warehouse. Wholesalers licensed by the Supervisor of
Liquor Control whose licensed premises are within the State of Missouri
may possess in United States customs bonded warehouses in this State
intoxicating liquors without first paying the fees above referred
to subject to regulations prescribed by the Supervisor of Liquor Control
to safeguard the fees due the State of Missouri when the liquor is
withdrawn from a United States customs bonded warehouse for sale or
storage in this State outside of a United States customs bonded warehouse.
[CC 1974 §3-15; Ord. No. 823 §15, 2-7-1973]
No intoxicating liquor shall be drunk, consumed or publicly
exhibited in a public dining room, lunchroom, soda fountain or any
place where meals or lunches and soft drinks are served, where the
owner or manager exhibits in the premises signs or placards to the
effect that intoxicating liquor may not be drunk in or about the premises,
which signs or placards shall be of sufficient size and in sufficient
number to be easily discernible to the general public.
[1]
Cross Reference — As to minors at house parties, see
§215.745.
Any person under the age of twenty-one (21) years, who purchases
or attempts to purchase, or has in his/her possession, any intoxicating
liquor as defined in Section 311.020, RSMo., is guilty of a ordinance
violation. For purposes of prosecution under this Section or any other
provision of this Chapter involving an alleged illegal sale or transfer
of intoxicating liquor to a person under twenty-one (21) years of
age, a manufacturer-sealed container describing that there is intoxicating
liquor therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor in such container. The alleged
violator may allege that there was not intoxicating liquor in such
container, but the burden of proof of such allegation is on such person,
as it shall be presumed that such a sealed container describing that
there is intoxicating liquor therein contains intoxicating liquor.
[Ord. No. 2103, 11-12-2008]
A.
No
person under the age of twenty-one (21) shall consume intoxicating
liquor, non-intoxicating beer or beer of any alcoholic content whatsoever.
B.
Possession
by consumption may be determined by speech, manner, appearance, behavior,
lack of coordination or other indicators that the minor is under the
influence of liquor, non-intoxicating beer or beer of any alcoholic
content whatsoever.
C.
For
the purpose of determining the alcoholic content of a person's blood
under this provision, any Law Enforcement Officer who has the power
to arrest may administer a chemical test of any person over sixteen
(16) years of age and less than twenty-one (21) years of age suspected
of consuming alcohol. Chemical tests may include, but are not limited
to, use of a portable breath tester and blood alcohol content instrument.
D.
A minor
shall not be considered in possession if it can be shown that the
alcohol consumed was given for medicinal purposes by a parent, guardian,
physician or dentist, or such liquor was being used in connection
with religious services and the amount consumed is the minimal amount
necessary for the religious service.
B.
In
any place of business licensed in accordance with this Chapter, persons
at least eighteen (18) years of age may stock, arrange displays, operate
the cash register or scanner connected to a cash register and accept
payment for, and sack for carryout, intoxicating liquor or non-intoxicating
beer. Delivery of intoxicating liquor or non-intoxicating beer away
from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years. Any licensee who employs any
person under the age of twenty-one (21) years, as authorized by this
Subsection, shall, when at least fifty percent (50%) of the licensee's
gross sales does not consist of non-alcoholic sales, have an employee
twenty-one (21) years of age or older on the licensed premises during
all hours of operation.
C.
In
any distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail. Any
wholesaler licensed pursuant to this Chapter may employ persons of
at least eighteen (18) years of age to rotate, stock and arrange displays
at retail establishments licensed to sell intoxicating liquor or non-intoxicating
beer.
D.
Persons
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor or non-intoxicating beer 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 or non-intoxicating
beer.
A.
Any
person of the age of seventeen (17) years and under the age of twenty-one
(21) years who shall represent that he/she has attained the age of
twenty-one (21) years for the purpose of purchasing, asking for or
in any way receiving any intoxicating liquor, except in cases authorized
by law, shall upon conviction be deemed guilty of a misdemeanor. Any
person under the age of seventeen (17) years who shall represent that
he/she has attained the age of twenty-one (21) years for the purpose
of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
211, RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[CC 1974 §3-18; Ord. No. 823 §20, 2-7-1973]
It shall be unlawful for any person to purchase or in any way
secure intoxicating liquor, beer or non-intoxicating beer for any
person under the age of twenty-one (21) years except a parent or guardian
of such minor, or a physician administering intoxicating liquor, beer
or non-intoxicating beer as a part of medical treatment.
[CC 1974 §3-19; Ord. No. 823 §20, 2-7-1973; Ord. No. 964 §1, 7-20-1977]
It shall be unlawful for any person under the age of twenty-one
(21) years to enter the premises of a permittee holding an unlimited
sales by drink permit or a malt liquor sales by drink permit under
this Chapter, which permittee shall have posted conspicuously in his/her
place of business a sign to the effect that minors, unaccompanied
by either their parent or legal guardian, are not to enter the premises.
[CC 1974 §3-22; Ord. No. 1287 §§2 — 3, 9-17-1986]
It shall be unlawful for any person to sell, offer for sale
or give away, drink, consume or expose to view (except in the original
package properly wrapped) any open container of intoxicating liquor,
malt liquor or non-intoxicating beer, in or upon any public street,
boulevard, avenue, alley or in any public conveyance, or in any automobile,
truck or any motor vehicle, wagon, buggy or carriage while in or upon
any public street, boulevard, avenue or alley in the City.
[CC 1974 §3-32; Ord. No. 823 §4, 2-7-1973]
It is hereby declared to be unlawful for any person, whether
by himself/herself or through the use of agents or servants, to engage
in the sale or distribution of intoxicating liquors or non-intoxicating
beer within the City without first having taken out and obtained a
license authorizing such sale or distribution in compliance with the
terms of this Article.
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to this 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 for in this 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 law shall prevent a regularly licensed druggist, after
he/she procures a license therefor in compliance with this law, from
selling intoxicating liquor in the original packages, 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 his/her 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.
A.
No
person shall be granted a license hereunder unless such person is
of good moral character and a qualified legal voter and a taxpaying
citizen of the county, town, city or village, nor shall any corporation
be granted a license hereunder unless the managing officer of such
corporation is of good moral character and a qualified legal voter
and taxpaying citizen of the county, town, city or village; and no
person shall be granted a license or permit 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 such law since
the date aforesaid; provided, that nothing in this section contained
shall prevent the issuance of licenses to nonresidents of Missouri
or foreign corporations 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, within this state.
B.
Additional Qualifications.
1.
No person, partnership or corporation shall be qualified for a license
under this law 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 or more
of the stock of such corporation, or other financial interest therein,
or ten percent 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 law shall have had a license revoked
under this law 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 shall not be a person of good moral character.
2.
No license issued under this Chapter or Chapter 312, RSMo., 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.
The division of liquor control shall promulgate rules to enforce the
provisions of this subdivision.
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 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 nonresident 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.
The
supervisor shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the supervisor.
[CC 1974 §3-35; Ord. No. 823 §21, 2-7-1973]
Any person doing a liquor business outside the limits of the
City in an area which may be annexed by the City shall be eligible
to apply for a City license within the classification existing at
the time of annexation.
[CC 1974 §3-36; Ord. No. 823 §17, 2-7-1973; Ord. No. 1495 §1, 6-23-1995]
A.
All
applications for a license under the provisions of this Article shall
be made in writing on forms approved and supplied by the City Clerk
to the City Council, and shall state specifically whether the license
is for a wholesaler or distributor, and, in the case of a retailer's
license, shall state the alcoholic content of the liquor to be sold
under the license and whether the license is issued for consumption
on or off the premises where sold. All such applications shall state
the name and address of the applicant or, if the applicant is a firm,
partnership or association, all of the names and addresses of each
member of the firm, partnership or association; or if the applicant
is a corporation, the names and addresses of all the officers, the
board of directors and all of the stockholders of the corporation.
The application shall also describe the premises for which the license
applied for shall cover and, after an inventory and valuation at cost,
prices of goods other than intoxicating liquor at the proposed place
of business shall accompany the application when required by this
Article.
B.
Every
applicant must submit a copy of his/her tax receipt for the year immediately
preceding the date of the application of the County, town, City or
village where he/she resides in the State; or, if the applicant is
a corporation, a copy of the tax receipt for the year immediately
preceding the date of the application of the managing officer of such
corporation of the County, town, City or village in the State where
such managing officer resides, or in lieu thereof, an affidavit of
the County or City Assessor wherein such applicant resides; or, if
the applicant is a corporation, where the managing officer of such
corporation resides, stating therein that the applicant or managing
officer of such corporation, if a corporation, owns property for which
he/she is legally subject and liable to taxation in the County, town,
City or village where the applicant, or if a corporation, the managing
officer of such corporation, resides in the State.
C.
Every
applicant must submit a certificate of registration from the Election
Board of the County where he/she resides stating that the applicant
is a qualified legal voter in the State.
D.
If,
during the period for which a license is granted, there is any change
of facts or information differing from those set forth in the original
or any renewal application on file with the City Clerk, written notice
thereof must be given him/her within ten (10) days after such change.
E.
A bank
draft, United States or express money order, certified check or cashier's
check, made payable to the City Clerk for the correct amount of the
license fee, must accompany the application.
F.
There
must be securely attached to the application a recent photograph or
clear snapshot of the individual signing the application.
G.
A recent
photograph of the exterior of the premises for which the license is
sought must be attached to the application.
H.
If
the application is being made for an original package, an affidavit
by the individual owner, all of the partners if a partnership, or
the managing officer of a corporation if a corporation, must be submitted
therewith, stating the type of business the applicant is engaged in,
or in connection with which the license is to be used, and stating
therein that the applicant has and at all times keeps 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.
I.
If
the application is made by a partnership, it shall set out the names
and residences of all the partners and whether they are active or
silent partners. All partners must qualify under this Article for
a license and all partners shall sign the application.
J.
No
license shall be granted to an applicant unless he/she makes full,
true and complete answers to all questions in the application. If
any applicant shall make any false statement of a material matter
in his/her application, it shall be deemed cause for suspension or
revocation of any license issued pursuant to such application.
K.
All
information called for in the form to be provided by the City Clerk
shall be fully given and signed under oath by the applicant.
L.
Notwithstanding
any other provisions of this Chapter to the contrary, any person who
possesses the qualifications required by this Chapter, and who now
or hereafter meets the requirements of and complies with the provisions
of this Chapter, may apply for, and the City Collector may issue,
a special license to sell intoxicating liquor in the original package
at retail, as defined in Section 311.200, RSMo., between the hours
of 1:00 P.M. and Midnight on Sundays.
[CC 1974 §3-37; Ord. No. 823 §5, 2-7-1973; Ord.
No. 1495 §2, 6-23-1995; Ord. No. 1664 §1, 4-28-1999; Ord. No. 1775 §I, 7-11-2001; Ord. No. 2015, 9-27-2006; Ord. No.
2242, 3-27-2012; Ord. No. 2569, 4-26-2022]
The license fee required and imposed under this Chapter shall
be as detailed in the City's Comprehensive Fee Schedule, held on file
in the City offices.
* Secondary license type = requires a primary license to qualify,
such application does not require separate approval by the City Council.
[CC 1974 §3-38; Ord. No. 823 §5, 2-7-1973]
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, on,
or about the premises between 10:00 P.M. and 6:00 A.M. the following
day, without having a license as in this Section provided.
B.
The
drinking or consumption of intoxicating liquor shall not be permitted
in, upon or about the licensed premises by any person under twenty-one
(21) years of age, or any other person between the hours of 1:30 A.M.
and 6:00 A.M. on any weekday, and between the hours of 1:30 A.M. Sunday
and 6:00 A.M. Monday, or on the day of any general, special or primary
election in the State, or upon any County, City or municipal election
day at which candidates are to be elected or nominated; provided however,
the consumption of intoxicating liquors may be resumed on any such
election day after the expiration of thirty (30) minutes next following
the hour or time fixed by law for the closing of the polls at any
such election.
C.
For
retailers selling intoxicating liquor as a restaurant bar as defined
herein for consumption on the premises between 11:00 A.M. and Midnight
on Sunday, a license shall be issued under this Section on proper
application as provided in this Article, and upon compliance with
the provisions of this Article, and the payment of two hundred dollars
($200.00) as a license fee to the City Clerk.
A.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B) of this Section, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her 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. Sunday and 6:00 A.M. Monday. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a
place where all doors are locked and where no patrons are in the place
or about the premises. Any person violating any provision of this
Section shall be deemed guilty of a class A misdemeanor. Nothing in
this Section shall be construed to prohibit the sale or delivery of
any intoxicating liquor during any of the hours or on any of the days
specified in this Section by a wholesaler licensed under the provisions
of Section 311.180, RSMo., to a person licensed to sell the intoxicating
liquor at retail.
B.
Any
person licensed pursuant to this Chapter shall not be permitted to
sell, give away, or otherwise dispose of, or suffer the same to be
done upon or about his/her 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. Sunday and 6:00 A.M. Monday.
[CC 1974 §3-38.1; Ord. No. 941 §§1 — 2, 7-21-1976]
A.
Any person, partnership or corporation holding a license issued by the City Council of the City for the sale of alcoholic beverages under this Article, whether by the drink or in the original package and regardless of the alcoholic content thereof, shall file an application for renewal of such license to sell alcoholic beverages before the second (2nd) Council meeting in June of each year; and by such application, renewal of such license shall be requested. The application for renewal shall be in the same form and manner as an original application for a liquor license in the corporate limits of the City, as provided in Section 600.190 of this Article, and there shall, at the top of such application, be written in legible writing the word "Renewal". The City Council, at the second (2nd) meeting in June of each year, shall consider such applications, and if an application is granted, such renewal license shall be effective on the thirtieth (30th) day of June of such year.
B.
Any
person, partnership or corporation holding a license to sell, by the
drink or in the original package, alcoholic beverages in the corporate
limits of the City of Richmond, Missouri, who shall file an application
for renewal of such license after the second (2nd) meeting in June
of the City Council, shall pay an additional penalty of ten percent
(10%) of the amount of such license fee and shall be prohibited from
selling alcoholic beverages from the thirtieth (30th) day of June
of such year until the first (1st) meeting of July when the Council
shall consider the application. If such application is granted, then
the applicant may resume the selling of alcoholic beverages in the
original package or by the drink, but if such application is denied,
the applicant shall be under the terms of this Code for the refusal
to grant such license.
[CC 1974 §3-39; Ord. No. 823 §4, 2-7-1973; Ord.
No. 942 §1, 7-21-1976]
Where a license required by this Article is applied for and
issued after December thirty-first (31st) in any year, the licensee
shall pay a license fee equal to one-half (½) the annual fee.
Thereafter, all renewals of licenses shall be issued on June thirtieth
(30th) of each year. All holders of licenses to dispense and sell
alcoholic beverages within the corporate limits of the City of Richmond
who desire the renewal of such license shall file the application
for renewal of such license before the second (2nd) Council meeting
in June of each year. The City Council shall thereafter consider the
renewal of such license at the second (2nd) meeting in June of each
year and, if granted, such renewal shall be effective on the thirtieth
(30th) day of June of each such year.
[CC 1974 §3-40; Ord. No. 823 §18, 2-7-1973]
A.
On approval of an application by the City Council and payment of the license fee herein provided, the City Council shall direct the City Clerk to issue the applicant a license to conduct business at the specified location in the City for a period set forth in said license certificate. Every license issued under the provisions of this Article shall set forth the type of license granted and shall particularly describe the premises at which alcoholic liquor may be sold thereunder; and such license shall not be deemed to authorize or permit the sale of alcoholic liquor at any place other than that described therein. No licensee under the provisions of this Article shall be permitted to move the location of said establishment as pertains to the subject of this Chapter unless said applicant has complied with the provisions of Sections 600.270 through 600.300 and secured the express approval of the City Council, nor shall any license be issued unless the licensee is in present possession of the premises described in his/her application at the time of the applicant's application is presented to the City Clerk.
B.
The
Chief of Police or any City Policeman may inspect the premises of
any licensee at a reasonable time, without warrant, and the acceptance
of the license under this Article shall be construed as a waiver by
the licensee of any constitutional provisions concerning search and
seizure.
C.
Licenses
granted under this Article shall be signed by the Presiding Officer
of the City Council and the City Clerk, and the Seal of the City shall
be affixed by the City Clerk.
[CC 1974 §3-41; Ord. No. 823 §4, 2-7-1973]
Licenses issued under the provisions of this Article shall be
for a period of one (1) year from June thirtieth (30th) of each year.
[CC 1974 §3-42; Ord. No. 823 §11, 2-7-1973]
No license under this Article shall be transferred from one
person to another nor shall said license be used at any place except
on the premises for which said license is issued and a proper license
shall be procured for each place of business for which a State license
is required.
[CC 1974 §3-43; Ord. No. 823 §11, 2-7-1973]
In the event of the death of a licensee, any bona fide relative
of such deceased licensee who shall meet the other requirements of
this Article may be permitted to operate the business of the licensee
for the remainder of the period for which a license fee has been paid
by the deceased licensee, and it shall not be necessary for such relative
to secure a new license until the expiration of the license issued
to the deceased licensee.
[CC 1974 §3-44; Ord. No. 823 §11, 2-7-1973]
A.
A license
may, subject to the approval of the City Council, be transferred to
any other premises or to any other part of the building containing
the licensed premises if the premises sought to be licensed meets
the requirements of this Article. The City Council must first approve
such a transfer and the application for permission to transfer must
be in writing and set forth:
1.
The name and address of the licensee.
2.
The address and legal description of the premises to which removal
is sought, together with the name and address of the landlord.
3.
An affidavit by such licensee that he/she has not, since the license
was granted, violated any provision of the liquor control ordinances
of the City.
[CC 1974 §3-45; Ord. No. 823 §11, 2-7-1973]
A.
Whenever
a license shall be lost or destroyed without fault on the part of
the licensee or his/her agents or employees, a duplicate license will
be issued by the City upon payment of a five dollar ($5.00) replacement
fee by said licensee to the City Clerk.
[CC 1974 §3-46; Ord. No. 823 §4, 2-7-1973]
A.
If
the City Council has reason to believe that any person to whom a license
was issued for the current license year, or any licensee who has filed
a renewal application, has discontinued or abandoned the liquor establishment
for which said license was issued, the Council may hold a hearing
after five (5) days' notice, in writing, to said person to whom the
license was issued for the current license year at his/her last known
address, or to said licensee who has filed a renewal application at
his/her last known address, for the purpose of determining whether
such liquor establishment has been discontinued or abandoned. If the
Council shall determine from the evidence presented at such hearing
that the liquor establishment has been discontinued or abandoned for
a period of one (1) year or less and if said discontinuance or abandonment
is satisfactorily explained to the Council, the Council may, at its
discretion, renew any license that has lapsed or become inactive;
provided further, that the licensee pay the license fee from June
thirtieth (30th), based on the classification of the license that
is to be restored.
B.
If
the licensee fails to respond to such notice or if having responded
to such notice he/she fails to satisfactorily explain to the Council
the discontinuance or abandonment of the liquor establishment, the
Council shall revoke or refuse to renew the license. At any such hearing,
the licensee shall have full right to be heard and to be represented
by counsel.
[CC 1974 §3-47; Ord. No. 823 §7, 2-7-1973]
Holders of intoxicating liquor licenses and non-intoxicating
beer licenses authorizing sales at retail shall keep the premises
covered by such licenses clean and sanitary. No license shall be issued
until the Director of Health has inspected and forwarded his/her approval
of the premises to the City Council.
[CC 1974 §3-48; Ord. No. 823 §7, 2-7-1973]
No person holding a license for the retail sale of malt liquor
by the drink or for the sale of non-intoxicating beer by the drink
shall knowingly sell, give away or serve upon the premises described
in said license any glass, ice, water, soda water, phosphates or any
other kind of liquids to be used for the purpose of mixing intoxicating
drinks, and commonly referred to as "setups"; nor shall any such licensee
permit any person while in or upon the premises covered by such license
to possess or consume any intoxicating liquor other than malt liquor
if the license is to sell malt liquor containing more than three and
two-tenths percent (3.2%) alcohol by weight, or any kind of intoxicating
liquor if the license is to sell non-intoxicating beer, or to pour
into, mix with or add intoxicating liquor to water, soda water, ginger
ale, seltzer or other liquid.
[CC 1974 §3-49; Ord. No. 823 §19, 2-7-1973]
A.
The
City Council may, on hearing, suspend or revoke any license issued
under the provisions of this Article whenever a dealer licensed hereunder
has not at all times kept an orderly place or house, or has violated
any of the provisions of this Chapter, first having given such licensee
not less than ten (10) days' written notice of the application to
suspend or revoke his/her license prior to the order of suspension
or revocation issuing, which notice shall contain the ground or grounds
for such suspension or revocation set out therein and shall command
the licensee to be present at a hearing before the City Council and
show cause, if any, why such license should not be suspended or revoked;
provided that such licensee shall have full right to be represented
by counsel at said hearing and that such notice of suspension or revocation
hearing shall be served by a Police Officer or may be served upon
the licensee by leaving a copy thereof with the licensee or any person
or employee in charge of the place of business of said licensee. Upon
the suspension or revocation of any license, no license fee paid shall
be refunded to the licensee.
B.
Every
licensee shall, in addition to the requirements of this Chapter, comply
in every respect with all Federal liquor laws and with the liquor
control law of the State, and any violation thereof shall be a valid
reason for the suspension or revocation of any license issued under
this Article.
C.
No
licensee who shall have had his/her license suspended by order of
the City Council shall sell or give away any intoxicating liquor or
non-intoxicating beer during the period of time such order of suspension
is in effect. Any licensee desiring to keep his/her premises open
for the sale of food or merchandise during such period of suspension
shall display the order of suspension issued by the City Council in
a conspicuous place on the premises so that all persons visiting the
premises may readily see the same.
[CC 1974 §3-50; Ord. No. 823 §22, 2-7-1973]
Every license issued under this Article shall be granted upon
the condition that the holder thereof shall suspend the sale of intoxicating
liquor whenever the Mayor shall so order by proclamation, not exceeding
a period of forty-eight (48) hours; and in case of public disturbances,
riots, strikes, catastrophes or other public necessity, for the public
good, suspend by order any and all dealers in liquor for such period
of time.
