City of Wentzville, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 3050 §1, 3-24-2010]
It shall be unlawful for any person to manufacture, blend, distill, brew or sell intoxicating liquor in the City without first having obtained the appropriate license therefore from the City. A separate license shall be required for each place of business.
[Ord. No. 3050 §1, 3-24-2010]
Any druggist may have in his/her possession intoxicating liquor purchased by him 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 procures a license therefore 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.
[Ord. No. 3050 §1, 3-24-2010]
A. 
No person shall be granted a license unless:
1. 
The applicant is of good moral character and a qualified legal voter and taxpaying citizen of the County, town, City or village where he/she resides in this State; nor shall any corporation be granted a license pursuant to this Chapter, 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 where he/she resides in this State;
2. 
No person shall be granted a license or permit pursuant to this Chapter whose license as such dealer has been revoked or who has been convicted since the date of the ratification of the Twenty-First Amendment to the Constitution of the United States of a violation of the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 permit or license has been revoked or who has been convicted of violating such law since the date aforesaid;
3. 
Issuance of the requested license would be in the best interests of the City and the owners, residents and occupants of property in the locality of the proposed business; and
4. 
The applicant plans and proposes to conduct a retail liquor business in compliance with the laws of the State of Missouri, the ordinances of the City and the provisions of this Chapter
B. 
Nothing in this Section shall prevent the issuance of licenses to non-residents of this State 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.
[Ord. No. 3050 §1, 3-24-2010]
A. 
All applications for liquor licenses shall be made in writing to the Supervisor of Liquor Control on forms provided by the City Clerk. The forms shall provide for and the applications shall contain spaces for:
1. 
A designation of the kind of license desired;
2. 
A description of the premises to which said license is to apply and the location or address thereof;
3. 
The name, place of residence and mailing address of the person, association, partners or corporation and managing officer thereof for whom the license is sought;
4. 
The dates and places of all revocations of intoxicating liquor licenses and all convictions 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, if any, and the dates and disposition of any misdemeanor, infraction, traffic or felony charges of any person involved in the business;
5. 
The term of the license; and
6. 
The signature of the applicant.
B. 
Applicants for annual licenses to sell alcoholic beverages within the City limits may be required to meet with the Supervisor of Liquor Control as part of the application or renewal process.
C. 
An application for a license pursuant to this Chapter shall be filed in the office of the City Clerk. At the time of filing the application, the applicant shall submit to the City Clerk the amount of license charge. If the license is not granted, the license charge shall be refunded.
D. 
Delinquent Application Renewals.
[Ord. No. 3317 §1, 8-14-2013]
1. 
An application for renewal not duly filed as required by this Section shall not be approved and no license shall be granted thereon by the Supervisor of Liquor Control for at least thirty (30) days after the filing of the application for renewal; provided that, in lieu of refraining from the sale of liquor for the thirty-day waiting period, the applicant may elect to pay a penalty for each day the license application is delinquent pursuant to the following schedule:
a. 
From July 1 to July 15: one hundred dollars ($100.00) per day.
b. 
From July 16 to July 30: two hundred dollars ($200.00) per day.
2. 
Upon receipt of the fully paid penalty amount, the Supervisor of Liquor Control may approve, and the City Clerk may grant, the license. Notwithstanding the above, if an application for renewal is filed after July 30, it shall be subject to a late penalty one thousand dollars ($1,000.00) and be deemed a new application for license.
E. 
Should applicant receive written notice of non-issuance and be denied licensing due to any of the provisions of this Chapter, the licensee shall have the right to appeal the decision of the Supervisor of Liquor Control as set out in Section 600.290 of this Chapter.
[1]
Editor's Note — Ord. no. 2013-3292 §1, adopted April 24, 2013, repealed sections 600.170 "restaurant bar and certain transient guest accommodations, sunday sales, when", 600.180 "amusement places, sunday sales, when, limitation — amusement place defined" and 600.190 "sale by drink, sunday sales, license may be issued — place of entertainment defined" in their entirety. Former sections 600.170 — 600.190 derived from ord. no. 3050 §1, 3-24-2010. These sections have been reserved for the city's future use.
[Ord. No. 3050 §1, 3-24-2010; Ord. No. 2013-3295 §1, 5-8-2013]
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 "Sunday Sales at Retail License" to sell intoxicating liquor at retail between the hours of 9:00 A.M. and Midnight on Sundays. A licensee under this Section shall pay to the City Clerk a fee one and one-half (1½) times the State fee, payable at the same time and in the same manner as its other license fees.
[Ord. No. 3050 §1, 3-24-2010]
A. 
Notwithstanding any other provision of this Chapter, a permit for the sale of intoxicating liquor as defined in this Chapter for consumption on premises where sold 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.
B. 
To secure the permit, the applicant shall complete a form provided by the City, but no applicant shall be required to furnish a personal photograph as part of the application. The applicant shall pay a fee of thirty-seven dollars fifty cents ($37.50) for such permit.
C. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 A.M.
D. 
At the same time that an applicant applies for a permit under the provisions of this Section, the applicant shall notify the City of the holding of the event and by such notification, by certified mail, shall accept responsibility for the collection and payment of any applicable sales tax. Any sales tax due shall be paid within fifteen (15) days after the close of the event and failure to do so shall result in a liability of triple the amount of the tax due plus payment of the tax and denial of any other permit for a period of three (3) years. Under no circumstances shall a bond be required from the applicant.
E. 
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.
[1]
Cross References — Sunday sales of intoxicating liquor by the drink at retail for consumption on premises, §600.190; as to tasting permit or license for any business already licensed to sell in the original package, §600.230(C)(2).
[Ord. No. 3050 §1, 3-24-2010]
The Supervisor of Liquor Control of the City of Wentzville is hereby authorized to issue a tasting on premises liquor license. Any person possessing the qualifications and meeting the requirements and who is licensed to sell intoxicating liquor in the original package at retail may apply for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises. In addition to all other fees required by law, a licensee shall pay an additional fee of thirty-seven dollars fifty cents ($37.50) for a wine, malt beverage and distilled spirits tasting permit, payable at the same time and in the same manner as its other license fees.
[Ord. No. 3050 §1, 3-24-2010; Ord. No. 2013-3292 §1, 4-24-2013; Ord. No. 3482 §1, 6-24-2015]
A. 
No person shall sell or offer for sale intoxicating liquor in the City of Wentzville 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. A separate license shall be taken out for each of the following classes of licenses in which a person desires to engage and said license fees shall be paid annually:
1. 
Manufacturing, brewing, etc. — licenses.
a. 
For the privilege of manufacturing and brewing in this City malt liquor containing not in excess of five percent (5%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquors containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
b. 
For the privilege of manufacturing in this City intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
c. 
For the privilege of manufacturing, distilling or blending intoxicating liquor of all kinds within this City and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
2. 
Liquor solicitor.
a. 
For the privilege of selling to a duly licensed wholesaler and soliciting orders for the sale of malt liquor or beverage containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
b. 
For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
c. 
For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
3. 
Liquor manufacturer/solicitor — licenses.
a. 
For the privilege of selling intoxicating liquor containing not in excess of five percent (5%) of alcohol by weight by a wholesaler to a person duly licensed to sell such malt liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
b. 
For the privilege of selling intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
c. 
For the privilege of selling intoxicating liquor of all kinds by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail, provided however, that a license authorizing the holder to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor to, by or through a duly licensed wholesaler shall not entitle the holder thereof to sell within the City of Wentzville direct to retailers; provided further, a wholesaler's license shall not authorize or entitle the holder thereof to sell to other wholesalers or to solicit orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this City, a fee one and one-half (1 1/2) times the State fee.
4. 
Original package — licenses.
a. 
For the privilege of selling intoxicating liquor at retail in the original package, where such liquor shall not be consumed upon or such original package not be opened upon the premises where sold, a fee one and one-half (1 1/2) times the State fee.
b. 
For the privilege of selling intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays, a fee one and one-half (1 1/2) times the State fee.
5. 
Liquor by the drink — licenses.
a. 
For the privilege of selling at retail by the drink for consumption on the premises where sold malt liquor or beverages containing alcohol not in excess of five percent (5%) by weight, a fee one and one-half (1 1/2) times the State fee. This license may include Sunday sales from 9:00 A.M. to Midnight.
b. 
For the privilege of selling at retail by the drink for consumption on the premises where sold all kinds of intoxicating liquor, including the sale of intoxicating liquor in the original package, a fee one and one-half (1 1/2) times the State fee.
c. 
For the privilege of selling malt liquor containing alcohol manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water or light wines containing not in excess of fourteen percent (14%) of alcohol by weight exclusively from grapes, berries and other fruits and vegetables, or both such malt liquor and wine, to be sold by the drink at retail for consumption on the premises where sold, a fee one and one-half (1 1/2) times the State fee.
d. 
(Reserved)
C. 
Miscellaneous Licenses/Permits.
1. 
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter may apply for a special permit to sell intoxicating liquor for consumption on premises where sold. The fee for said temporary permit for sale by the drink to be limited to a maximum of seven (7) days, a fee one and one-half (1 1/2) times the State fee.
2. 
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsection (B)(4) 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. The fee for said tasting permit shall be a fee one and one-half (1 1/2) times the State fee.
3. 
Consumption License. Any person who meets the qualifications identified in this Chapter to sell liquor by the drink and who operates premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, is permitted to apply for a consumption license to permit the drinking or consumption of intoxicating liquor in the premises, but not the sale of liquor, without having a license for the sale of liquor by the drink. The consumption license permits a person operating a business where food, beverages, entertainment and/or use of the facility are provided for compensation to allow others who use such premises to consume intoxicating liquor. Issuance of a consumption license shall be limited to those persons operating such businesses that comply with the requirements of Section 311.480 of the Missouri Revised Statutes. The drinking or consumption of intoxicating liquor shall be in accordance with Section 311.480, RSMo. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Section and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this Section regulating the drinking or consumption of intoxicating liquor between certain hours and on Sunday shall apply also to premises licensed under this Chapter to sell intoxicating liquor by the drink. The fee for said consumption license shall be a fee one and one-half (1 1/2) times the State fee.
4. 
Caterers. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 311.485, RSMo., below may apply for a caterer's license for a fee one and one-half (1 1/2) times the State fee, per each calendar day, with the limitations as set out in Section 311.485, RSMo.
D. 
Of the annual license charge to be paid for any license, the applicant shall pay as many 12ths as there are months (part of a month is counted as one (1) month) remaining from the date of the license to the next succeeding July 1.
E. 
In case any license issued under the provisions of this Chapter is revoked, surrendered or forfeited by the licensee, not used or used only for a 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.
F. 
Notwithstanding any other provision of this Chapter, the Supervisor of Liquor Control may issue a liquor license to a not-for-profit corporation for any type of liquor license provided for under this Chapter 600 for a fee of one hundred fifty dollars ($150.00) per license type.
[Ord. No. 3050 §1, 3-24-2010]
No license shall be granted by the Supervisor of Liquor Control unless the application and deposit of license charge has been made as required in this Chapter. Upon approval by the Supervisor of Liquor Control, the City Clerk shall issue such license, which shall describe the kind of license, the license charge, the premises on which sale is to be made, the name of the license holder, the date of issuance and the period of time for which said license is granted.
[Ord. No. 3050 §1, 3-24-2010]
A. 
The Supervisor of Liquor Control may disqualify persons from holding a license or permit, if they have been convicted of:
1. 
A felony related to the manufacturing or sale of intoxicating liquor;
2. 
Any violation of any Federal or State law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages;
3. 
Any crime involving moral turpitude; or
4. 
Driving under the influence of alcohol or drugs on two (2) or more occasions within the last five (5) years.
B. 
In the case of a partnership, corporation or limited liability company, the proscription under this Section applies if any of the following has been convicted of any offense described in Subsection (A):
1. 
A partner;
2. 
A managing agent;
3. 
A manager;
4. 
An officer;
5. 
A director;
6. 
A stockholder who holds at least twenty percent (20%) of the total issued and outstanding stock of the corporation; or
7. 
A member who owns at least twenty percent (20%) of the limited liability company.
C. 
As used in this Section:
1. 
"Convicted" or "conviction" means a determination of guilt by a judge or a jury, upon either a trial or entry of a plea in any court, including a court not of record, that has not been reversed on appeal;
2. 
"Felony" means any crime punishable by a term of imprisonment in excess of one (1) year; and
3. 
A "crime involving moral turpitude" means a crime that involves actions done knowingly contrary to justice, honesty or good morals. It is also described as a crime that is "malum in se" as opposed to "malum prohibitum" — actions that are immoral in themselves regardless of being punishable by law as opposed to actions that are wrong only since they are prohibited by Statute. A crime of moral turpitude ordinarily involves an element of falsification or fraud or of harm or injury directed to another person or another's property. For purposes of this rule, crimes of moral turpitude may include crimes involving controlled substances, illegal drugs and narcotics.
[Ord. No. 3050 §1, 3-24-2010]
A. 
No liquor license shall be transferable or assignable except as provided in this Section. In the event of the death of the licensee, the widow or widower or the next of kin of the deceased, who shall meet the other requirements of this Chapter, may make application and the Supervisor of Liquor Control may transfer the 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.
B. 
Whenever one (1) or more members of a partnership withdraws from the partnership, the Supervisor of Liquor Control, upon being requested, shall permit the remaining 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.
[Ord. No. 3050 §1, 3-24-2010]
Each license issued in compliance with this Article shall expire on the thirtieth (30th) day of June next succeeding the beginning date of the license.
[Ord. No. 3050 §1, 3-24-2010]
A. 
Grounds For Suspension Or Revocation. The grounds for suspension or revocation of a license issued pursuant to this Chapter 600 shall include, but not be limited to, the following actions:
1. 
A licensee has failed to keep an orderly place or house or has failed to keep and maintain the premises as set forth in Section 600.051 of this Chapter; or
2. 
The license held by the licensee was obtained through materially false statements in the application for such license or renewal thereof; or
3. 
The licensee failed to make a complete disclosure of all pertinent information in the application for such license or renewal thereof; or
4. 
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; or
5. 
Anything has occurred which would render the licenses or the licensed premises ineligible or unsuitable for a license under the provisions of this Chapter; or
6. 
That such licensee is in violation of any Federal or State Liquor Control Act; or
7. 
That the conduct of the business violates, or the licensed premises or the licensee are in violation of, any provision of the City Code or State law; or
8. 
The licensed premises has been discontinued or abandoned; or
9. 
A licensee or any employee, agent or servant of the licensee has otherwise violated any of the provisions of this Chapter.
B. 
Procedure.
1. 
The Supervisor of Liquor Control may, upon recommendation of the Chief of Police or upon his/her own motion, conduct a hearing to determine if any license issued under authority of this Chapter should be suspended or revoked.
2. 
The licensee shall be given not less than ten (10) day's written notice prior to the hearing. The notice shall set out the reasons for which the hearing is called and shall command the person holding the license to be present at such hearing and show cause, if any, why such license should not be suspended or revoked. Such notice shall be served by a Police Officer or agent of the office of the Supervisor of Liquor Control and may be served upon the licensee or leaving a copy thereof with the licensee or with a person or employee in charge of the place of business of said licensee or by mailing said notice by certified mail to the licensee at his or her last known business or residence address or by posting a copy of said notice on the licensed premises. The Supervisor of Liquor Control shall render a final decision and report such decision to the licensee within ten (10) business days after the date of the hearing.
3. 
When the Supervisor of Liquor Control revokes or suspends a liquor license, the licensee shall be given written notice of such revocation or suspension by the Supervisor of Liquor Control. Such notice shall apprise the licensee of the specific violations.
4. 
The notice of revocation or suspension shall be served by the Supervisor of Liquor Control and shall be served upon the licensee by a Police Officer or an agent of the office of the Supervisor of Liquor Control and may be served upon the licensee by leaving a copy thereof with the licensee or with a person or employee in charge of the place of business of said licensee or by mailing said notice by certified mail to the licensee or his or her last known business or residential address or by posting a copy of said notice on the licensed premises.
5. 
The licensee shall have the right to appeal the decision of the Supervisor of Liquor Control as set out in Section 600.290 of this Chapter.
C. 
Effect Of Revocation — Suspension.
1. 
Whenever any license shall be revoked under the terms and provisions of this Chapter, the licensee shall not thereafter be eligible for any license provided for in this Chapter.
2. 
No licensee who shall have experienced a suspended license by order of the Supervisor of Liquor Control shall sell or give away any alcoholic beverage during the period of time such order of suspension is in effect. Any licensee desiring to keep said premises open for the sale of food or merchandise during such period of suspension shall display the order of suspension issued by the Council Supervisor of Liquor Control in a conspicuous place on the premises so that all persons visiting the premises may readily see the order of suspension.
3. 
In case any license issued under the provisions of this Chapter is suspended, revoked, surrendered or forfeited by the licensee, not used or used for only part of the license period, after the effective beginning date of the license, no refund of any license charge or part thereof shall be made.
[Ord. No. 3050 §1, 3-24-2010]
A. 
Any license applicant or licensee aggrieved by the decision of the Supervisor of Liquor Control to deny, suspend or revoke a liquor license shall have the right to appeal such action to the Board of Aldermen by filing a written appeal with the City Clerk within five (5) days after notice of the decision is served on the applicant/licensee. No applicant or licensee shall have the right to appeal the decision of the Supervisor of Liquor Control unless said applicant or license has requested a hearing as provided in Subsection (B) of this Section 600.290.
B. 
All appeals shall be in writing and set out a copy of the order or decision being appealed, shall include a statement of the facts concerning the order and shall state wherein and why the license was wrongfully denied, suspended or revoked. At the time of filing any such appeal a copy thereof shall be filed by the appellant with the Supervisor of Liquor Control.
C. 
On behalf of the Board of Aldermen, the City Clerk shall fix a time and place for the Board of Aldermen to hear the appeal and shall direct a written notice of the hearing date and time to be served, as provided in Section 600.270(B)(2), for service of a notice of denial, suspension or revocation, upon the appellant to provide that information. The City Clerk shall give notice to the Supervisor of Liquor Control who shall be entitled to appear in defense of his or her decision. At the hearing, reasonable opportunity shall be given for the presentation of evidence bearing on the appeal. Where issues are heard without objection or by consent, such issues shall be deemed to have been properly before the Board of Aldermen. Formalities of procedure shall be deemed waived unless an objection is made.
D. 
The findings of the Board of Aldermen shall be final and conclusive and shall be served upon the appellant in the manner provided above for service of notices of suspension or revocation.
[Ord. No. 3050 §1, 3-24-2010]
In addition to the requirements and licenses herein, the City's zoning code contains regulations on the placement and permitting of certain types of liquor establishments. Refer to Chapter 405 of the Municipal Code.