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:
CHURCH
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 or constructed for such purpose.
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.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
MANAGING OFFICER
The "managing officer" of a corporation
is the 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.
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.
[Ord. No. 1398 §15, 4-7-2015]
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.
A. No
person shall sell or offer for sale intoxicating liquor in the City
of Riverside 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.
B. General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor:
1. Package liquor — malt liquor only: Sales of
malt liquor at retail by grocers and other merchants and dealers for
sale in the original package direct to consumers but not for resale
and not for consumption on the premises where sold. This license may
include Sunday sales from 6:00 A.M. to 1:30 A.M. the following Monday.
[Ord. No. 1817, 11-16-2021]
2. 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, including sales as set forth in Subsection
(B)(1) of this Section.
3. Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(4) of this Section.
4. Malt liquor by the drink: Sales of malt liquor at
retail by the drink for consumption on the premises. This license
may include Sunday sales from 6:00 A.M. to 1:30 A.M. the following
Monday.
[Ord. No. 1817, 11-16-2021]
5. 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, including package sales as set forth in Subsection
(B)(2) of this Section.
6. Wholesale and distributor's license. A wholesale
and distributor's license shall authorize the sale of all kinds of
intoxicating liquors by wholesalers or distributors.
C. Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail, may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 6:00 A.M. on Sunday to 1:30 A.M. the following Monday.
[Ord. No. 1817, 11-16-2021]
D. Permits.
1. 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 special permit to sell intoxicating liquor for consumption on premises where sold.
2. Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(2) and
(C) of this Section above 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.
3. Tasting permit — winery, distiller, manufacturer, etc.
a. Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection
(D)(3),
a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b. Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.
c. Any winery, distiller, etc., may provide or furnish distilled
spirits, wine or malt beverage samples on a licensed retail premises
— when.
(1)
Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide or furnish distilled spirits, wine
or malt beverage samples on a licensed retail premises for customer
tasting purposes so long as the winery, distiller, manufacturer, wholesaler,
or brewer or designated employee has permission from the person holding
the retail license. The retail licensed premises where such product
tasting is provided shall maintain a special permit in accordance
with Section 311.294, RSMo., or hold a by the drink for consumption
on the premises where sold retail license. No money or anything of
value shall be given to the retailers for the privilege or opportunity
of conducting the on-the-premises product tasting.
(2)
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer or
brewer or by a sampling retained by the retailer, winery, distiller,
manufacturer or brewer. All sampling service employees that provide
and pour intoxicating liquor samples on a licensed retail premises
shall be required to complete a server training program approved by
the Division of Alcohol and Tobacco Control.
(3)
Any distilled spirits, wine, or malt beverage sample provided
by the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
[CC 1971 §3.5, Ord. No. 80-17 §4, 5-20-1980; Ord. No. 91-64 §1, 10-8-1991; Ord. No. 91-72 §1, 12-3-1991; Ord. No. 93-27 §3, 6-8-1993; Ord. No. 93-57-A §1, 10-5-1993; Ord. No. 96-129 §3, 12-3-1996; Ord. No. 2002-128 §1, 12-10-2002; Ord. No. 2004-38 §1, 4-26-2004]
A. The
number of licenses issued for the sale of alcoholic liquor by the
City shall be limited as set forth in this Section.
1. Liquor by the drink for consumption on the premises licenses. There shall be a limit of two (2) liquor by the drink for consumption
on the premises licenses in the City of Riverside.
2. Package liquor license. There shall be a limit of
four (4) package liquor licenses in the City of Riverside, Missouri.
3. Beer and light wine licenses. There shall be a limit
of three (3) beer and light wine licenses in the City of Riverside,
Missouri.
4. Sunday sales license. There shall be a limit of
two (2) Sunday sales licenses in the City of Riverside, Missouri.
5. Wholesale and distributor's license. There shall
be no limit on wholesale and distributor's licenses in the City of
Riverside, Missouri.
6. Package liquor license (Sunday). There shall be
a limit of four (4) Sunday package liquor licenses in the City of
Riverside, Missouri.
7. Resort license. There shall be a limit of two (2)
resort licenses issued and outstanding at any time in the City of
Riverside, Missouri.
8. Temporary catering license. There shall be no limit
on the number of temporary catering licenses in the City of Riverside,
Missouri.
B. Provided
however, when the total population of the City of Riverside, Missouri,
reaches five thousand (5,000) persons as determined by the United
States Decennial Census, then one (1) additional license may be issued
in each of the foregoing classifications for each one thousand (1,000)
persons in excess of five thousand (5,000) persons population, as
determined by the decennial census.
C. Change Of Location. A retail liquor dealer's license shall
permit the sale of alcoholic beverages only on the premises described
in the application and license. Such location may be changed only
upon the expressed approval of the Board of Aldermen.
D. Established Premises Not Affected. No provision of this
Section shall be construed to limit or extinguish local licenses existing
and outstanding at the time of the passing of this Section. No provision
of this Section shall be construed to permit transfer of the ownership
of licenses.
A. Package Sales, Limitations. 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 or law.
C. Temporary Permit For Sale By Drink — Certain Organizations.
1. Notwithstanding any other provision of this Chapter, a permit for
the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for the sale of such intoxicating liquor at a picnic,
bazaar, fair or similar gathering. 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.
2. If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 6:00 A.M.
[Ord. No. 1817, 11-16-2021]
3. At the same time that an applicant applies for a permit under the
provisions of this Subsection, 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.
D. Operating Hours, Days.
1.
No person having a license issued pursuant to this Chapter nor any employee of such person shall sell, give away, or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. daily, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a "closed place" as defined in Section
600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. daily. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one room only, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed. Any person violating any provision of this Subsection shall be deemed guilty of an ordinance violation. Nothing in this Subsection 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.
[Ord. No. 1817, 11-16-2021]
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
national championship game of the National Football League is played,
commonly known as "Super Bowl Sunday", any person having a license
to sell intoxicating liquor by the drink 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.
E. 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 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 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 his/her
place of business in the City, it shall be necessary for him/her 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. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
[R.O. 2011 §600.410; CC 1971 §3.41; Ord. No. 80-17 §40, 5-20-1980; Ord. No. 1126 §1, 6-5-2012]
A. No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within three hundred (300) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within three hundred
(300) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within three hundred (300)
feet of the proposed licensed premises.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. Subsection
(A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[R.O. 2011 600.070; CC 1971 §3.7, Ord.
No. 80-17 §6, 5-20-1980]
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: $450.00.
g. Wholesale and distributor's license except beer: $750.00.
2. Sunday sales. (Additional fees)
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. Proration Of Fee. The annual license fee to be paid pursuant
to this Chapter shall be reduced in proportion to the full calendar
months which have expired in the license year prior to the issuance
of the license.
In case any license issued under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period, after the effective beginning
date of such license, no refund of any license fee or part thereof
shall be made.
[R.O. 2011 §600.080; CC 1971 §3.8, Ord. No. 80-17 §7, 5-20-1980; Ord. No. 96-129 §5, 12-3-1996; Ord. No. 2004-38 §1, 4-26-2004]
As a condition precedent to the issuance of a license under
the provisions of this Chapter, the applicant must also procure a
permit and license from the State under the provisions of Chapter
311, RSMo. Additionally, no license shall be issued unless and until
there has been shown compliance with the Fire Code, Building Code,
Zoning Code and all other ordinances of the City. Prior to the issuance
of any resort license or renewal license, the applicant shall file
verified statements showing the total amount of gross receipts, the
total amount of gross receipts from the sale of alcoholic beverages,
and the total amount of gross receipts from the sale of prepared foods
made on the premises for the immediately preceding year. Each license
issued pursuant to this Chapter shall terminate on the thirtieth (30th)
day of June of each year, with the exception of a temporary catering
license, which shall terminate on the date and time indicated on each
individual license. In no event shall a temporary catering license
terminate later than one hundred twenty (120) consecutive hours after
its time of issuance, in accordance with Section 311.485, RSMo.
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(3)(c) above, or fraction thereof,
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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
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.
D. To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
[R.O. 2011 §600.470; CC 1971 §3.49; Ord. No. 88-52 §§1 — 5, 9-6-1988; Ord. No. 2006-45 §2, 4-4-2006; Ord. No. 2006-100 §1, 8-1-2006]
A. Notwithstanding the other provisions of this Chapter, a temporary license for the not-for-profit sale of intoxicating liquor and malt liquor as defined in Section
600.010 for consumption on premises where sold may be issued by the City to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the not-for-profit sale at a picnic, bazaar, fair, street dance or similar gathering. The temporary license shall be issued only for the day or days named therein and shall not authorize the sale for more than seven (7) days by any organization in any fiscal year.
B. Any
person or organization obtaining a temporary license for the not-for-profit
sale of intoxicating liquor and malt liquor pursuant to this Section
must obtain liability insurance to insure the organization's financial
responsibility for any liability it may incur for acts or omissions
arising out of the event and the sale of malt liquor. The liability
insurance shall provide coverage in the minimum amount of five hundred
thousand dollars ($500,000.00).
C. Any
organization obtaining a temporary license for not-for-profit sale
pursuant to this Section shall provide security personnel for the
event at which the liquor is to be sold.
D. To
secure the temporary license, an application must be submitted to
the City Clerk of Riverside at least ten (10) days before the proposed
sale and shall contain the following information:
1. The name of the club or organization seeking the permit;
2. A brief description of the organization;
3. A description of the gathering or activity for which the temporary
license is sought;
4. The location of the proposed sale;
5. The proposed dates of the activity and the liquor, including hours
of proposed sale;
6. The name of the security company or individuals hired to provide security as required by Subsection
(C) of this Section.
E. The
following documents, or copies thereof, shall be attached to and submitted
with the application for the temporary license:
1. Proof of financial responsibility or liability insurance as required by Subsection
(B) of this Section;
2. A copy of the application submitted by applicant to the Supervisor
of Liquor Control for the State of Missouri;
3. A copy of the notice of the event submitted by the applicant to the
Director of Revenue for the State of Missouri.
F. Persons
hired by the applicant to sell liquor pursuant to a temporary license
shall not be required to obtain an employee permit under this Chapter.
A. The City may issue a temporary permit to 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 festival as defined in Chapter
316, RSMo. An application for a permit under this Section shall be
made at least five (5) business days prior to the festival. 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 festival 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 the sum of fifteen dollars ($15.00) for each calendar day, or
fraction thereof, for which the permit is issued.
B. 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.
This temporary permit shall allow the sale of intoxicating liquor
in the original package.
C. To assure and control product quality, wholesalers may, but shall
not be required to, give a retailer credit for intoxicating liquor
delivered and invoiced under the permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the permit issued pursuant to this Section.
D. No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler, retailer or distributor from providing
customary storage, cooling, or dispensing equipment for use at a festival.
[Ord. No. 1516 § 1, 2-21-2017]
A. Any person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a self-dispensing system, which
is monitored and controlled by the licensee and allows patrons of
the licensee to self-dispense beer or wine at a table. Before a patron
may dispense beer or wine, an employee of the licensee must first
authorize an amount of beer or wine, not to exceed thirty-two (32)
ounces or sixteen (16) ounces of wine per patron per authorization,
to be dispensed by the self-dispensing system.
B. No provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish self-dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of self-dispensing
systems.
[R.O. 2011 §600.110; CC 1971 §3.11, Ord. No. 80-17 §10, 5-20-1980; Ord. No. 96-129 §6, 12-3-1996]
A. The
Board of Aldermen shall prescribe all forms of applications, licenses
and permits in accordance with the provision of this Code. Each such
application shall state:
1. The name and residential address of the applicant or applicants and
if the application is on behalf of a partnership, the names and residential
addresses of all partners or any person who has a financial interest
in such partnership. If the application is on behalf of a corporation,
the date of incorporation, the State in which incorporated, the amount
of paid-in-capital, the amount of authorized capital, the names and
residential addresses of the officers and directors and the names
and addresses of all stockholders who hold ten percent (10%) or more
of the capital stock shall be given.
2. The place of birth of the applicant or applicants and if the applicant
is a naturalized citizen, the date and place of naturalization.
3. The names and business addresses of the applicant's employers for
a period of five (5) years prior to the application.
4. Whether or not the applicant or applicants have been convicted of
a felony.
5. The location, place or premises for which a license is sought and
affix a copy of the lease or documentation of ownership of the realty
and sales tax number.
6. Whether or not the proposed location, place or premises is within
three hundred (300) feet of a school or church.
7. The class of the license for which application is made.
8. A complete description of the plans, specifications and fixtures
in the applicant's proposed place of business, if the application
is for a retail license; provided however, that this shall apply only
when application is for a new location or a change in the plans for
specifications within a previously established location.
9. The applicant will not violate any of the ordinances of the City,
the laws of the State or of the United States, in the conduct of the
business.
10. If the applicant is requesting a resort license, the applicant must
submit detailed and verified information supporting its claim to be
a resort license.
A. Filing Of An Application. Each application for an original
or renewal license shall be filed with the City 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.
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. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C. Upon
approval of any application for a license, the Clerk shall grant the
applicant a license to sell liquor in the City for a term to expire
with the thirtieth (30th) day of June next succeeding the date of
such license, unless such license be revoked or suspended for cause
before the expiration of such time.
D. Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. Such renewal application shall be
reviewed by the Board at its next meeting. Upon payment of the license
fee provided herein, the Clerk shall renew the license. In the event
that any person residing or conducting businesses within two hundred
(200) feet of the applicant's place of business shall file a written
protest against the renewal of such license, the Board shall conduct
a hearing on the application for license renewal as provided in this
Subsection.
[R.O. 2011 §600.250; CC 1971 §3.25; Ord. No. 80-17 §24, 5-20-1980]
The Board of Aldermen or its representatives shall have the
right to examine the books, records and papers of each licensee or
applicant for license.
[R.O. 2011 600.260; CC 1971 §3.26; Ord.
No. 80-17 §25, 5-20-1980; Ord. No. 2001-127 §1, 11-6-2001]
A. Whenever
it shall be shown that:
1. A licensee or permittee under this Chapter has not at all times maintained
an orderly place;
2. Such licensee or any employee, agent, or servant of such licensee
has violated any of the provisions of this Chapter;
3. The license or permit held by such person was obtained through materially
false statements in the application for such license or permit, or
renewal thereof;
4. The licensee or permittee failed to make a complete disclosure of
all pertinent information in the application for such license or permit,
renewal thereof;
5. The licensee, since the issuance of such license, has ceased to be
the person actually engaged in the active control and management of
the particular establishment for which the license was issued;
6. Any licensee whose application has been granted pursuant to Section
600.025 of this Code based on a determination of the Board of Aldermen that the licensee has or will derive more than fifty percent (50%) gross income from sources other than the sale of alcoholic beverages and the licensee after fifteen (15) days written notice fails to make sufficient information available to the Board of Aldermen by which he/she can determine that said licensee is still deriving more than fifty percent (50%) gross income from sources other than the sale of alcoholic beverages on the premises as defined in this Code may be suspended;
7. The licensed premises has been discontinued or abandoned for a period of five (5) days. In the event that the Chief of Police or his/her representatives shall report to the Board of Aldermen that there appears to be cause to believe that the licensed premise has been abandoned then in that event a hearing will be held pursuant to Section
600.170 and in the event the Board of Aldermen determine that the business has been discontinued or abandoned then the license shall be revoked;
[Ord. No. 1520 § 1, 3-7-2017]
8. Any violation of the ordinances of the City of Riverside, Missouri;
9. A licensee or permittee, or any employee, agent or servant thereof, has violated Section
600.110 of the Code; or
10. Anything has occurred which would render the licensee or permittee
or licensed premises ineligible or unsuitable for a license or permit
under the provisions of this Chapter.
|
The Board of Aldermen may suspend for a period not in excess
of ninety (90) days or revoke the license or permit issued hereunder.
|
[R.O. 2011 §600.265; Ord. No. 2001-127 §2, 11-6-2001]
A. Application. It shall be unlawful for any licensee to allow
semi-nude dancing upon the licensed premises unless written application
for an adult entertainment business license is filed with the City
Clerk, and a license is issued by the City Clerk.
B. Standards Of Conduct — Licensee. No licensee, nor
employee of the licensee, shall allow any person to perform any semi-nude
dance upon the licensed premises unless the following conditions are
met:
1. The provisions of Code Section
210.1400, including the prohibition on public nudity, must not be violated in any manner;
2. Any semi-nude dance performed upon a stage must be performed upon
a stage which is separated at every point by at least six (6) feet
from the nearest seated customer;
3. The stage must contain no less than one hundred (100) square feet
of surface and be at least eighteen (18) inches above the immediate
adjacent floor level;
4. The stage must be located at a place upon the licensed premises where
any semi-nude dance is not visible from outside the premises;
5. No customer or any other person other than a dancer shall be present
upon any stage at any time;
6. Any and every person performing a semi-nude dance must possess a valid license obtained pursuant to Chapter
620 of this Code; and
7. Every person performing a semi-nude dance shall adhere to the standards of conduct set forth in Subsection
(C) of this Section.
C. Standards Of Conduct — Dancer. No person shall perform
any semi-nude dance upon the licensed premises unless the following
standards of conduct are met:
1. The dancer shall have obtained an adult entertainer's permit as provided by Chapter
620 of this Code, and the permit must not be expired, suspended or revoked;
2. While performing a semi-nude dance, the dancer shall not display
pubic hair, the anus, genitals or a pubic region, or any portion of
the areola of the female breast;
3. The dancer may perform a dance for a customer or customers while not present upon the stage described by Subsection
(B) of this Section, but shall not intentionally touch any customer while performing a dance, and when not present upon the stage, the dancer shall not be unclothed, or in a less than opaque attire, costume or clothing, so as to expose to view human genitals, pubic region or pubic hair, or anus, the areola of the female breasts or any combination of the foregoing, or male genitals in a discernibly erect state, even if completely and opaquely covered;
4. The dancer shall not receive any payment of gratuity from any customer
unless the payment or gratuity is placed:
b. Under a leg garter worn by the dancer located four (4) inches below
the bottom of the pubic region; or
5. No dancer shall dance with any customer;
6. No dancer shall sit at the bar with any customers;
7. No dancer shall knowingly touch any specified anatomical area of another person, or allow another person to touch any specified anatomical area of the dancer; or no dancer shall knowingly fondle or caress any specified anatomical area of another person, whether the area is clothed, unclothed, covered or exposed, allow another person to fondle or caress any specified anatomical area of the dancer, whether the area is clothed, unclothed, covered or exposed. The term "specified anatomical area" shall be defined according to Code Section
620.010; and
8. The dancer must not violate any of the standards of conduct described in Section
620.080 of this Code, nor shall the dancer commit a violation of Code Section
210.1400.
D. Responsibility Of Licensee And Dancer. Any person performing as a semi-nude dancer on the licensed premises shall be construed to be an employee of the licensee for purposes of this Section and Section
600.100.
E. Standards Of Conduct — Customer.
1. No customer shall knowingly or intentionally touch, fondle or caress any specified anatomical area as defined in Subsection
(C)(7), of any dancer or other person, whether the area is clothed, unclothed, covered or exposed;
2. No customer shall dance with any dancer; and
3. No customer shall be present upon any stage at any time.
[R.O. 2011 §600.330; CC 1971 §3.32; Ord. No. 80-17 §31, 5-20-1980; Ord. No. 2008-80 §3, 7-2-2008]
Except for holders of a liquor license issued by the Missouri
Gaming Commission, the operating or possession of any gambling device
in or about the premises where intoxicating liquor is sold shall be
unlawful and shall be grounds for suspension or revocation of licenses.
[R.O. 2011 §600.390; CC 1971 §3.39; Ord. No. 80-17 §38, 5-20-1980]
No alcoholic beverage shall be permitted outside of the enclosure
by the licensee. Provided however, alcoholic beverages may be sold
and consumed outside the enclosure of the licensee when expressly
permitted by action of the Board of Aldermen which permission shall
be endorsed on the license of the permit holder.
[R.O. 2011 §600.450; CC 1971 §3.46; Ord. No. 80-17 §45, 5-20-1980]
It shall be the obligation of a permit holder to prevent loitering
or consumption of alcoholic beverages in any parking lot or other
area outside the enclosure used or under the control of the licensee.
Failure to prevent consumption in the parking lot or other area outside
the enclosure or loitering on premises may be grounds for suspension
or revocation of the liquor license. Any licensee shall maintain signs
in any parking lot used or under his/her control clearly stating the
following:
"Consumption of alcoholic beverages or loitering in this parking
lot is prohibited by ordinance."
The license holder shall take such means as may be necessary
to assure that no loitering or consumption of alcoholic beverage is
permitted in the parking lot or other area outside the enclosure under
control of the license holder.
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.
A. Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof 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
600.170 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., or any ordinance of the City; or
2. Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control; or
3. Making a false affidavit in an application for a license under this
Chapter; or
4. Failing to keep an orderly place or house; or
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; or
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, or
b. Any person during unauthorized hours on the licensed premises, or
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.
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., or of any felony violation of Chapter 195, RSMo., in the
course of business. 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 than that imposed by the State.
D. Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
A. Hearing Officer. Hearings may be had before the Board of
Aldermen or before a Hearing Officer appointed by the Board who shall
be an attorney licensed to practice law in the State of Missouri.
If held before a Hearing Officer, he/she shall report to the Board
findings of fact, conclusions of law and recommendations. The Board
may accept, modify or refuse to accept the report of the Hearing Officer
or any portion thereof.
B. Witnesses — How Summoned. Subpoenas may be issued
by the Board 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 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
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D. Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section
600.160 of this Chapter, the Board 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 be issued.
E. Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[Ord. No. 1580, 2-6-2018]
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 such premises without having a license pursuant to Section
311.480, RSMo.
A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, 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,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
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. 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.
3. In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail.
[Ord. No. 1719, 4-7-2020]
4. Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
[Ord. No. 1719, 4-7-2020]
a. Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b. Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5. 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.
B. Sales To Minor — Exceptions.
1. No licensee, his/her 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 parent
or guardian of the minor nor 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 a licensed establishment.
2. Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.
3. It shall be a defense to prosecution under this Subsection if:
a. The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b. The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c. To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document, containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
C. 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 he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2. In addition to Subsection
(C)(1) of this Section, 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., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. Minors In Possession Of Intoxicating Liquor.
1. No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section
600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2. Any person under the age of twenty-one (21) years who purchases or
attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
a. The type of test administered and the procedures followed;
b. The time of the collection of the blood or breath sample or urine
analyzed;
c. The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d. The type and status of any permit which was held by the person who
performed the test;
e. If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
|
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
|
3. The provisions of this Subsection shall not apply to a student who:
a. Is eighteen (18) years of age or older;
b. Is enrolled in an accredited college or university and is a student
in a culinary course;
c. Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
d. Tastes a beverage under Subsection
(D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
|
The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection, may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
|
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.
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. 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. Packaging, Labeling. Any retailer licensed pursuant to this
Chapter shall not:
1. Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
2. Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C. 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.
D. 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 provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E. Only Those Liquors Authorized By License To Be Kept On Premises.
1. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises 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.
2. Any retailer licensed pursuant to this Chapter shall not:
a. Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
b. Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
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.
3. 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.
4. 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 within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
A. No person at least twenty-one (21) years of age shall be required to obtain a license to manufacture intoxicating liquor, as defined in Section
600.010, for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred (200) gallons per calendar year if there are two (2) or more persons over the age of twenty-one (21) years in such household, or one hundred (100) gallons per calendar year if there is only one (1) person over the age of twenty-one (21) years in such household. Any intoxicating liquor manufactured under this Section may not be offered for sale.
B. Beer brewed under this Section may be removed from the premises where
brewed for personal or family use, including use at organized affairs,
exhibitions, or competitions, such as home brewer contests, tastings,
or judging. The use may occur off licensed retail premises, on any
premises under a temporary retail license issued under Sections 311.218,
311.482, 311.485, 311.486 or 311.487, RSMo., or on any tax-exempt
organization's licensed premises as described in Section 311.090,
RSMo.
A. Special Events.
1.
Distillers, wholesalers, winemakers, brewers, or their employees
or officers may make contributions of money for special events where
alcohol is sold at retail to a not-for-profit organization that:
a.
Does not hold a liquor license;
b.
Less than forty percent (40%) of the members and officers are
liquor licensees;
c.
Is registered with the Secretary of State as a not-for-profit
organization; and
d.
Of which no part of the net earnings or contributions inures
to the benefit of any private shareholder or any retail licensee member
of such organization.
2.
The contributions from distillers, wholesalers, winemakers,
brewers, or their employees or officers shall be used to pay special
event infrastructure expenses unrelated to any retail alcohol sales,
which include, but are not limited to: security, sanitation, fencing,
entertainment, and advertising.
B. Not-For-Profit Organizations. Distillers, wholesalers,
winemakers, brewers, retailers, or their employees or officers may
make contributions of money for festivals as defined in Section 316.150,
RSMo., where alcohol is sold at retail to a not-for-profit organization
that:
1.
Is registered with the Secretary of State as a not-for-profit
organization;
2.
Of which no part of the net earnings or contributions, directly
or indirectly, inures to the benefit of any private shareholder or
any retail licensee member of such organization; and
3.
Uses the contributions from distillers, wholesalers, winemakers,
brewers, retailers, or their employees or officers only to pay special
event infrastructure expenses unrelated to any retail alcohol sales,
which include, but are not limited to, security, sanitation, fencing,
advertising and transportation.
C. Any not-for-profit organization that receives contributions under
this Section shall allow the Division of Alcohol and Tobacco Control
full access to the organization's records for audit purposes.
A. A wholesaler of malt liquor may furnish or give, and a retailer may
accept, a sample of malt liquor as long as the retailer has not previously
purchased the brand of malt liquor from that wholesaler if all of
the following requirements are met:
1.
The sample shall not be more than seventy-two (72) fluid ounces;
except if a particular product is not available in a size of seventy-two
(72) fluid ounces or less, a wholesaler may furnish or give the next
larger size to the retailer;
2.
The wholesaler shall keep a record of the name of the retailer
and the quantity of each brand furnished or given to such retailer;
and
3.
No samples of malt liquor provided shall be consumed or opened
on the premises of the retailer except as provided by the retail license.
B. For purposes of this Section, brands shall be differentiated by differences
in the brand names of the products or the nature of the products,
including products that differ in the designation of class, type,
or kind. Differences in packaging, such as differences in the style,
type, or size of the product container or the color or design of a
label shall not be considered different brands.