City of Wentzville, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 3050 §1, 3-24-2010]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises and no intoxicating liquor is being consumed.
DISORDERLY PLACE OR HOUSE
A licensee under this Chapter is maintaining or operating a disorderly place or house when the following violations occur:
1. 
Any acts of immorality;
2. 
Any acts of lewd conduct;
3. 
Breaches of the peace;
4. 
Exceeding occupancy limit of premises;
5. 
Suffering or permitting any acts prohibited under this Section;
6. 
Violation(s) of any provision of this Chapter;
7. 
Violation(s) of other City ordinances or State law or State regulations applicable to the premises;
8. 
The liquor and/or business license was obtained through materially false statements in the application for such license or renewal thereof;
9. 
The licensee failed to make a complete disclosure of all pertinent information in the application for such liquor and/or business license or renewal thereof;
10. 
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 liquor and/or business license was issued;
11. 
The licensed premises are no longer used for the purposes permitted by the liquor and/or business license and after five (5) days' written notice, the licensee has failed to respond or satisfactorily explain the change; or
12. 
Anything has occurred which would render the licensed premises ineligible or unsuitable for a liquor and/or business license under the provisions of this Chapter.
FAILED TO KEEP AN ORDERLY PLACE OR HOUSE
A licensee under this Chapter has:
1. 
Had the Police called frequently to the licensed premises;
2. 
Failed to control the licensed premises;
3. 
Sold intoxicating liquor or beer at the licensed premises to minors or persons already intoxicated;
4. 
Failed to cooperate with properties neighboring the licensed premises; and/or
5. 
Failed to cooperate with reasonable suggestions pertaining to the licensed premises made by the Police Department or the Supervisor of Liquor Control.
The list of examples of failure to keep an orderly place or house shall be by way of example only and shall not be deemed to be exclusive in nature.
FINANCIAL INTEREST
All interest, legal or beneficial , direct and 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.
INTOXICATING LIQUOR
Includes 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 (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, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
MALT LIQUOR
Any liquor containing alcohol not in excess of five percent (5%) by weight manufactured from pure hops or pure extraction of hops or pure barley malt or wholesome grain or cereals and wholesome yeast and pure water.
ORIGINAL PACKAGE
Any package containing fifty (50) milliliters or more of intoxicating liquor excepting malt liquor or any package containing three (3) or more standard bottles of malt liquor.
PERSON
Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal court.
RESTAURANT BAR
Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on the 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 the premises.
SALE BY THE DRINK
The sale of any intoxicating liquor except malt liquor in the original package in any quantity less than fifty (50) milliliters.
WINE
Wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
[1]
Cross Reference — Definitions and rules of construction generally, §100.020.
[Ord. No. 3050 §1, 3-24-2010]
A. 
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. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday upon or about his or her premises, except as otherwise authorized and licensed for Sunday sales. 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 Section 600.010 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. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation.
B. 
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.
[Ord. No. 3050 §1, 3-24-2010]
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 commonly known as "Super Bowl Sunday" is played, 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 Section 600.020.
[Ord. No. 3050 §1, 3-24-2010]
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 Supervisor of Liquor Control, 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.
[Ord. No. 3050 §1, 3-24-2010]
The sale or consumption, either in a vehicle or otherwise, of any intoxicating liquor upon any public street, highway, thoroughfare, sidewalk, alley, public park, public parking lot or upon any private property, without the permission of the owner or occupant of the property or in any place open to the public, other than premises or grounds specifically licensed to sell intoxicating liquors, is hereby declared to be unlawful.
[Ord. No. 3050 §1, 3-24-2010]
Licensees shall at all times keep and maintain the premises, both interior and exterior, in a clean orderly and sanitary condition and shall meet, at a minimum, the standards of Chapter 215 (the City's Nuisance Code) and Chapter 235 of the Municipal Code (the City's Garbage and Rubbish Code). During business hours, the licensee shall keep the premises lighted sufficiently so that both the interior and the exterior may be inspected easily. Windows of the premises shall not be obstructed so as to prevent reasonable viewing the interior from the exterior thereof.
[Ord. No. 3050 §1, 3-24-2010]
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 law. For every license for sale at retail in the original package, the licensee shall pay to the City the sum as set out in Section 600.230.
[Ord. No. 3050 §1, 3-24-2010]
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.
[Ord. No. 3050 §1, 3-24-2010]
It shall be unlawful for the holder of any license authorized by this Chapter, for the sale of any intoxicating liquor at retail by the drink for consumption on the premises where sold, to keep or secrete or to allow any other person to keep or secrete 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 license or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.
[Ord. No. 3050 §1, 3-24-2010]
A. 
Any licensee under this Chapter or his/her employee, who shall 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 or to any person intoxicated or appearing to be in a state of intoxication or to a habitual drunkard and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years or to any intoxicated person or any person appearing to be in a state of intoxication or to a habitual drunkard, shall be deemed guilty of an ordinance violation, except that this Section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one (21 ) years for medical purposes only or to the administering of such intoxicating liquor to any person by a duly licensed physician.
B. 
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 or her parent or guardian, is guilty of an ordinance violation.
C. 
It shall be a defense to prosecution under this Section if:
1. 
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
2. 
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
3. 
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.
[Ord. No. 3050 §1, 3-24-2010]
A. 
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 as defined in Section 600.010 or who is visibly intoxicated as defined in Section 577,001 , RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of an infraction. 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.
B. 
For purposes of determining violations of any provision of this Chapter or of 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 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.
C. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older;
2. 
Is enrolled in an accredited college or university and is a student in a culinary course;
3. 
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
4. 
Tastes a beverage under Subdivision (3) of this Subsection 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 an 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.
[Ord. No. 3050 §1, 3-24-2010]
A. 
Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he 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 an ordinance violation. Any person under the age of seventeen (17) years who shall represent that he 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 an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[Ord. No. 3050 §1, 3-24-2010; Ord. No. 2010-3104 §2, 11-3-2010]
A. 
Except as provided in Subsections (B), (C) and (D) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
B. 
In any place of business licensed in accordance with Section 311.200, RSMo., 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 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.
C. 
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. 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.
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 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.