[Code 1974 §§600.040(B), 600.060(A); CC 1984 §3-26]
A.
It
shall be unlawful and a violation of this Chapter for a person to
sell or expose for sale in this City any intoxicating or non-intoxicating
beer in any quantities without first taking out a license under the
provisions of this Article.
B.
No
license shall be issued hereunder nor become effective until the licensee
shall have applied for and been granted a State license by the State
Supervisor of Liquor Control.
[Code 1974 §600.040(A); CC 1984 §3-27]
A.
No
person shall be granted a license hereunder unless they are 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 the corporation is of good moral character
and a qualified legal voter and taxpaying citizen of the City. No
person shall be granted a license or permit hereunder whose license
thereas has been revoked, or who has been convicted, since the ratification
of the Twenty-First Amendment of 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 non-intoxicating beer, or who employs
in his/her business thereas any person whose license has been revoked
or who has been convicted of violating any such law since the date
aforesaid.
B.
Nothing
in this Section contained shall prevent the issuance of licenses to
non-residents of the State or foreign corporations for the privilege
of selling to duly licensed wholesalers and soliciting orders for
the sale of intoxicating liquors or non-intoxicating beer to, by or
through a duly licensed wholesaler within this State.
C.
No
person shall be qualified for a license under this Article if they
themselves, any member of their partnership or corporation, or any
officer, director or any stockholder owning, legally or beneficially,
directly or indirectly, ten percent (10%) or more of the stock thereof
or other financial interest, as defined in Section 311.060(4), RSMo.,
therein or ten percent (10%) or more of the interest in the business
for which the person is licensed, or any person employed in the business
licensed under this Article shall have had a license revoked under
this Chapter or shall have been convicted of violating the provisions
of any law applicable to the manufacture or sale of intoxicating liquor
or non-intoxicating beer 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.
D.
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.
[Code 1974 §600.040(C), (D); CC 1984 §3-28]
All applications for all licenses mentioned in this Article
shall be made to the City Clerk and shall be accompanied by a proper
remittance made payable to the City of Farmington.
[1]
Editor's Note — Reference to city collector has been
changed to "City of Farmington" at the direction of the city in Supp.
#3, 4-2011.
[CC 1984 §3-30]
A.
The
granting of a license under this Article shall entitle the licensee
to conduct business in the City for a term to expire with the thirtieth
(30th) day of June next succeeding the date of the license. A separate
license shall be required for each place of business. Of the license
tax to be paid for any such license, the applicant shall pay as many
twelfths as there are months (part of a month counted as a month)
remaining from the date of the license to the next succeeding July
first (1st).
B.
Every
license issued under the provisions of this Article shall particularly
describe the premises at which intoxicating liquor or non-intoxicating
beer may be sold thereunder and the license shall not be deemed to
authorize or permit the sale of intoxicating liquor or non-intoxicating
beer at any place other than that described therein.
C.
Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each year.
[Code 1974 §600.060(F); CC 1984 §3-31]
A.
No
license issued under this Article 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 the deceased who shall
meet the other requirements of this Chapter, may make application
and the City Clerk 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 City Clerk, upon being requested, shall permit the remaining partner(s)
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.
[Code 1974 §600.080; CC 1984 §3-32]
Whenever it is shown to the City Council that a dealer licensed
under this Article has violated any of the provisions of this Chapter
or of the Liquor Control Act of the State, or has no license from
the State Supervisor of Liquor Control, or has made a false affidavit
in his/her application for a license, the City Council, after a hearing
thereon, shall revoke the license of the dealer giving ten (10) days'
notice, in writing, thereof prior to the hearing thereon to the dealer
or any person in charge of or employed in the place licensed stating
the time, place, purpose and grounds therefor, at which hearing the
dealer may have counsel and produce witnesses in his/her behalf.
[CC 1984 §3-33]
If, for a period of sixty (60) days, any licensee under this
Article shall not operate his/her business, his/her license shall
be deemed to have expired and become null and void; provided, that
any such license will not be deemed to have expired if the business
of the licensee shall be inoperative by reason of any act of God,
accident or some other cause beyond the control of the licensee.
[CC 1984 §3-34]
No refund shall be made for any unexpired term of any license
issued under this Article.
