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:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
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.
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.
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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 Buckner 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 licenses to sell intoxicating liquor as they are described in Section 600.040 of this Chapter.
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 9:00 A.M. and 12:00 Midnight on Sundays.
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(B) 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.
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 drugstore, 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.
B.
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 11:00 A.M.
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.
C.
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. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, 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. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. 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.
2.
When January 1, March 17, July 4 or December 31 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.
D.
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 of Aldermen.
Any change of location of the enterprise prior to issuance of such
an amended license shall constitute a violation of this Section.
A.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within 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 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 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.
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.
The following classes of licenses shall be issued upon compliance
with the provisions of this Chapter and payment of the license fee
indicated:
[Ord. No. 963 §1, 1-15-2015]
a.
Original package intoxicating liquor and malt liquor not in excess
of 5% alcohol by weight: $50.00.
b.
Retail sale of malt liquor not in excess of 5% alcohol by weight
and light wines containing not in excess of 14% alcohol by weight,
by drink: $52.50.
c.
Intoxicating liquor in the original package at retail between the
hours of 9:00 A.M. and 12:00 Midnight on Sundays: $300.00.
d.
Retail sale of intoxicating liquor by the drink, commonly referred
to as a "resort", as defined in Section 311.095, RSMo.: $450.00.
e.
Liquor manufacturer solicitor, as defined in Section 311.180, RSMo.:
$450.00.
f.
Liquor wholesale solicitor, as defined in Section 311.180, RSMo.:
$500.00.
g.
Retail liquor by the drink, as defined in Section 311.070(1), RSMo.:
$300.00.
B.
Of the license fee to be paid for any such license, the applicant
shall pay as many 12ths as there are months (part of a month counted
as a month) remaining from the date of the license to the next succeeding
July 1.
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.
A.
Any person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a table tap dispensing system to
allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed thirty-two (32) ounces
per patron per authorization, to be dispensed by the table tap 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 table tap dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of table tap dispensing
systems.
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.
1.
No person shall be granted a license hereunder unless such person
is of good moral character and a qualified legal voter and a taxpaying
citizen of the City, nor shall any corporation be granted a license
hereunder unless the managing officer of such corporation is of good
moral character and a qualified legal voter and taxpaying citizen
of the City; and no person shall be granted a license or permit hereunder
whose license as such dealer has been revoked, or who has been convicted,
since the ratification of the twenty-first amendment to the Constitution
of the United States, of a violation of the provisions of any law
applicable to the manufacture or sale of intoxicating liquor, or who
employs in his or her business as such dealer any person whose license
has been revoked or who has been convicted of violating such law since
the date aforesaid; provided, that nothing in this Section contained
shall prevent the issuance of licenses to nonresidents of Missouri
or foreign corporations for the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of intoxicating liquors
to, by or through a duly licensed wholesaler, within this state.
2.
No person, partnership or corporation shall be qualified for a license
under this law if such person, any member of such partnership, or
such corporation, or any officer, director, or any stockholder owning,
legally or beneficially, directly or indirectly, ten percent (10%)
or more of the stock of such corporation, or other financial interest
therein, or ten percent (10%) or more of the interest in the business
for which the person, partnership or corporation is licensed, or any
person employed in the business licensed under this law shall have
had a license revoked under this law or shall have been convicted
of violating the provisions of any law applicable to the manufacture
or sale of intoxicating liquor since the ratification of the twenty-first
amendment to the Constitution of the United States, or shall not be
a person of good moral character.
3.
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor.
4.
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in Section
311.060.3, RSMo.
C.
Each
applicant must make written application to the Chief of Police. At
the time of application, each applicant shall pay the City Clerk the
sum of fifteen dollars ($15.00) and furnish the Police Department
with two (2) identifying photographs. If, the applicant meets the
applicable requirements of the City and State and with the approval
of the Chief of Police, then such applicant will be issued a liquor
permit. Except as otherwise specifically provided by ordinance, the
license year for all liquor permits, shall coincide with the calendar
year and the liquor permits shall begin July first (1st) and end June
thirtieth (30th). All such liquor permits shall be due and payable
on or before June thirtieth (30th) of each year. The Chief of Police
shall have the independent right to weigh and judge the degree of
moral turpitude and character of each applicant and whether to so
issue such permit or to suspend a previously issued permit. In the
event the Chief of Police declines to issue or decides to suspend
a permit, then he or she shall provide a written explanation to the
applicant within ten (10) days of the date of the decision. Upon the
expiration of the permit, the applicant may obtain a new permit in
the same manner as herein provided.
[Ord. No. 911 §1, 7-16-2009]
D.
Upon approval of any application for a license, the Clerk shall grant
the applicant a license to conduct business in the City for a term
to expire with the 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.
E.
Applications for renewal of licenses must be filed on or before the
first day of May of each calendar year. Such renewal application shall
be reviewed by the Board of Aldermen at its next meeting. Upon approval
of the majority of the Board of Aldermen and 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 of
Aldermen shall conduct a hearing on the application for license renewal
as provided in this Subsection.
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. 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.
4.
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.
a.
"Full information" is limited to the following:
(1)
The type of test administered and the procedures
followed;
(2)
The time of the collection of the blood or breath
sample or urine analyzed;
(3)
The numerical results of the test indicating the
alcohol content of the blood and breath and urine;
(4)
The type and status of any permit which was held
by the person who performed the test;
(5)
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.
b.
"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.
Exception.
a.
The provisions of this Subsection 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 Subsection(D)(3)(c) of
this Section only for instructional purposes during classes that are
part of the curriculum of the accredited college or university.
b.
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, Repackaging Prohibited, When. 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. 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.
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.
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 by fourteen (11 x 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 of Aldermen 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 of Aldermen or a hearing officer 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 600.100 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 of Aldermen.
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 this Chapter or 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 of Aldermen 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 of Aldermen'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
of Aldermen 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 of Aldermen findings of fact, conclusions of law
and recommendations. The Board of Aldermen 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 of Aldermen 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 of Aldermen 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 600.090 of this Chapter, the Board of Aldermen 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 of Aldermen 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 of Aldermen's
decision. The Board of Aldermen may delay the implementation of its
order pending appeal.
[R.O. 2003 §600.205; Ord. No. 505 §1, 1-7-1993]
A.
It
shall be unlawful for any retail licensee, licensed to sell intoxicating
liquor, wine, or beer, or his/her employee to permit in or upon his/her
licensed premises:
1.
The performance of acts, or simulated acts, of sexual intercourse,
masturbation, sodomy, beastiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
2.
The displaying of any portion of the areola of the female breast;
3.
The actual or simulated touching, caressing or fondling of the breast,
buttocks, anus or genitals;
4.
The actual or simulated displaying of the pubic hair, anus, vulva
or genitals;
5.
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus; and
6.
The displaying of films, video programs or pictures depicting acts,
the live performances of which are prohibited by this regulation or
by any other law.
[R.O. 2003 §600.210; Ord. No. 676 §1, 12-5-2002]
A.
No
holder of a license to sell intoxicating liquor by the drink shall
give to, sell or permit to be given to or sold to any employee of
the establishment operated by said licensee, any intoxicating liquor,
non-intoxicating beer, non-alcoholic beverage, drink, merchandise,
or other thing of value, in any quantity, nor shall he/she permit
any patron of the establishment operated by him/her to give intoxicating
liquor, non-intoxicating beer, non-alcoholic beverage, drink, merchandise,
or other thing of value in any quantity, purchase it for, drink it
with, sit at the bar or tables with or dance with any employee in
said establishment or on premises of said licensee.
B.
No
holder of a license to sell intoxicating liquor by the drink, shall
sell or give any intoxicating liquor, non-intoxicating beer, non-alcoholic
beverage drink, merchandise, or other thing of value in any quantity
to any female who shall solicit another to buy said intoxicating liquor,
non-intoxicating beer, non-alcoholic beverage, drink, merchandise
or other thing of value, in any quantity, nor shall he/she permit
any such female person to solicit the purchase of intoxicating liquor,
non-intoxicating beer, non-alcoholic beverage drink, merchandise,
or other thing of value, in any quantity by another on the premises
of said licensee.
C.
Lewdness. No retail licensee shall allow in or upon his/her
licensed premises any improper disturbances, lewdness, immoral activities,
brawls, or any indecent, profane or obscene language, songs, entertainment,
literature or advertising material, nor shall any licensee cause to
have printed or distributed any lewd, immoral, indecent or obscene
literature or advertising material.
D.
No
license or employee shall mix or pour, or permit to be mixed or poured,
any alcoholic beverage directly into any person's mouth upon or about
the licensed premises.
E.
No
person licensed by the City Clerk/Administrator shall use or permit
to be used upon his or her licensed premises any self service, coin-operated,
mechanical devices or automatic dispensers for the purpose of selling
or dispensing any alcoholic beverage.
F.
No
holder of a license under this Chapter, or any other person, shall
for any purpose whatsoever mix or permit or cause to be mixed with
any alcoholic beverage kept for sale, sold or supplied by him or her
as a beverage, any drug or form of methyl alcohol or impure form of
alcohol.
G.
Removal
of alcoholic beverages from premises prohibited.
1.
No person shall remove any alcoholic beverages purchased by the drink
from the premises licensed to sell alcoholic beverages by the drink.
2.
No holder of any license to sell alcoholic beverages by the drink,
or their employee, shall allow or cause to be allowed the removal
of any alcoholic beverage purchased by the drink from the licensed
premises.
3.
The holder of any license to sell alcoholic beverages by the drink
shall place conspicuous notices of the prohibition established by
this Section immediately inside the exits from the licensed premises
in such a manner as to notify patrons leaving the premises of the
prohibition.
[R.O. 2003 §600.220; Ord. No. 676 §2, 12-5-2002]
A.
Responsibility For Acts Of Employees. Licensees are at
all times responsible for the conduct of their business and are at
all times directly responsible for any act or conduct of any employee
on the premises which is in violation of this Chapter.
B.
Inspection. All licensees shall allow the licensed premises
and all portions of the buildings thereof, including all rooms, cellars,
outbuildings, passageways, closets, vaults, yards, attics, and all
buildings used in connection with the operations carried on under
said license and which are in his/her possession or under his/her
control, and all places where they keep or have liquor stored, to
be inspected by the Mayor and his/her agents.
C.
Loitering Of Immoral Persons. No licensee shall knowingly
employ or allow the loitering upon or about the licensed premises
of any police character, felon, gangster, racketeer, pickpocket, swindler,
confidence man, female impersonator, prostitute, narcotic addict,
vagrant, delinquent minor or other degenerate or dissolute person.
D.
Sale Off-Premises Prohibited. No licensee, his/her agent
or employee shall sell intoxicating liquor or non-intoxicating beer
in any place other than that designated in such license, or at any
other time or otherwise than is authorized by such license.
E.
Sale Of Alcoholic Beverage Through Drive-Up Window Prohibited. It shall be unlawful for the holder of any license authorized by
this Chapter for the sale of any alcoholic beverage at retail, either
in the original package or for consumption on the premises where sold,
to supply, sell or permit to be sold, any alcoholic beverage through
any drive-up or walk-up window or facility where the customer or person
receiving the alcoholic beverage is not required to enter the premises
of the licensee.
F.
Possession Or Consumption Of Alcoholic Beverages On Public Property
Prohibited.
1.
No person shall possess any open container of any alcoholic beverage
nor shall any person consume or drink any alcoholic beverage on public
property within the City of Buckner, including but not limited to
any public building, street, sidewalk, public lot, park, recreational
facility or public facility, except as provided in this Section.
2.
The prohibition in this Section shall not apply to the possession
or consumption of alcoholic beverages within premises licensed to
sell alcoholic beverages by the drink properly located on public property
pursuant to the liquor license of the holder.
3.
The prohibition in this Section shall not apply to the possession
or consumption of malt liquor and wine in or at public facilities,
or in public areas, where the City as lessor of the facility has authorized
the possession or consumption of malt liquor and wine pursuant to
an approved written agreement setting forth all terms and conditions
for said possession or consumption of malt liquor and wine.
G.
Penalty. In addition to the possessor of any alcoholic beverage, licensee, and/or his/her employee, being subject to all penalties contained in Section 100.220 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.
[R.O. 2003 §600.230]
It shall be unlawful for any officer, agent, or employee of
any incorporated company or association, acting for such corporation
or association, to authorize or permit such corporation to violate
any of the provisions of this Chapter and any such officer, agent,
or employee so offending shall be deemed guilty of an ordinance violation
and upon conviction thereof shall be punished by imprisonment in the
County Jail for a term of not more than ninety (90) days or by a fine
of not more than five hundred dollars ($500.00) or by both such fine
and jail sentence.
