[CC §10.01; Ord. No.
293, 4-20-1987; Ord. No. 467 §1, 7-6-1993; Ord.
No. 776 §1(a), 8-4-2003]
For the purposes of the Chapter, the following terms shall have
these prescribed meanings:
Shall mean and include 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 except for nonintoxicating
beer as defined herein. 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. This phrase shall not include
light wine referred to hereafter.
Light wines shall be defined as containing not in excess
of fourteen percent (14%) of alcohol by weight and made exclusively
from grapes, berries and other fruits and vegetables but this Chapter
shall not apply to the use or distribution of sacramental wines used
in religious practices.
Liquor manufactured from pure hops and/or pure barley malt,
grain or cereals and wholesome yeast or pure water, commonly known
as beer, containing alcoholic in excess of three and two-tenths percent
(3.2%) of weight and not in excess of five percent (5%) by weight.
Any beer manufactured from pure hops or pure extract of hops,
pure barley malt and other wholesome grains or cereals and wholesome
yeast and pure water and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than five
tenths of one percent (0.5%) by volume and not exceeding three and
two-tenths percent (3.2%) by weight.
Any bottle, can or container which holds at least six (6)
ounces or more by volume of intoxicating liquor, wine or wine products.
Any package containing three (3) or more bottles or cans
containing at least six (6) ounces of either malt liquor or non-intoxicating
beer as defined in this Chapter.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator, or other
officer appointed by any State or Federal Court.
The entire building or designated leasehold in which the
licensee has his place of business and any additional building used
in connection therewith and the entire lot or lots and parcel or parcels
of land on which said buildings are situated or which are used in
connection with said buildings, including any portion of said lot
or parcel designated for parking of vehicles.
Any establishment having a restaurant or similar facility on the premises of which fifty percent (50%) or more of the gross income, or which has an annual gross income of at least two hundred seventy-five thousand dollars ($275,000.00) as verified by the procedure set forth in Section 600.210 of this Chapter, is derived from the sale of prepared meals or food consumed on such premises.
An establishment possessing a Sunday liquor license to sell
intoxicating liquor and non-intoxicating beer in the original package
at retail between the hours of 9:00 A.M. to Midnight on Sundays.
License issued to a retail business which permits the tasting
of wine, malt beverages and distilled spirits on the licensed premises.
[Ord. No. 1022 §1, 10-7-2013]
[CC §10.02; Ord. No.
293, 4-20-1987 Ord. No. 1022 §2, 10-7-2013]
It shall be unlawful for any person, firm, partnership or corporation
to sell, expose for sale, or offer for tasting, either at wholesale
or retail in the City of St. John, Missouri, intoxicating liquor,
wine or wine products, malt liquor, or non-intoxicating beer as herein
defined in any quantity without having first obtained the appropriate
license(s) from the City of St. John, except as otherwise herein provided
in this Chapter.
[CC §10.03; Ord. No.
293, 4-20-1987; Ord. No. 329 §2, 5-16-1988; Ord.
No. 362 §1, 5-1-1989; Ord. No. 467 §2, 7-6-1993; Ord.
No. 776 §1(b), 8-4-2003; Ord. No. 906 §1, 5-19-2008]
A.
For
the sale at retail or wholesale of intoxicating liquor, light wine,
malt liquor and non-intoxicating beer in the original package, not
to be consumed on the premises where sold (to be known as "Full Package License"): $ 150.00.
B.
For
the sale at retail of light wine, malt liquor and/or non-intoxicating
beer in the original package not to be consumed on the premises where
sold (to be known as a "Light Wine/Beer Package License"): $52.50.
C.
For
the sale of all kinds of intoxicating liquor, light wine and malt
liquor by the drink, which license shall include the right to sell
any said substance in the original package (to be known as a "Drink License with Package Privilege"): $450.00.
D.
For
the sale at retail of malt liquor and/or non-intoxicating beer in
the original package not to be consumed on the premises where sold
(to be known as a "Beer Only License"): $22.50.
E.
For the sale of drinks on Sunday pursuant to Section 600.210 of this Chapter, said sum to be in addition to any other fee for a license charged herein (to be known as a "Restaurant Bar"): $225.00.
F.
For
the sale of intoxicating liquor in the original package at retail
for each Sunday sales establishment between the hours of 9:00 A.M.
and Midnight on Sundays (to be known as a "Sunday Sales License"): $300.00.
G.
For
a temporary license to sell intoxicating liquor by the drink at retail
for consumption on the premises between the hours of 1:00 P.M. and
Midnight on Sunday for a period not to exceed ninety (90) days if
the restaurant-bar can show a capability: $56.25.
H.
For
the sale of malt liquor, beer and/or non-intoxicating beer by the
drink to be consumed on the premises: $300.00.
I.
For
the sale of malt liquor, beer and/or non-intoxicating beer by the
drink to be consumed on the premises on Sunday: $225.00.
J.
For the tasting of wine, malt beverages and distilled spirits on
the licensed premises. This license may only be issued if the business
already possesses a Full Package from the City of St. John. (to be
known as a "Tasting License"): $25. See Section 600.145 for licensing requirements.
[Ord. No. 1022 § 3, 10-7-2013]
[CC §10.04; Ord. No.
293, 4-20-1987]
A.
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 law may make application
and the supervisor of liquor control 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.
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 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.
C.
Any
significant change in the corporation structures, officers and/or
managers must be registered with the City of St. John and the process
of application (excluding license fee assessment) must be repeated
for all new officers and managers. A separate license shall be required
for each place of business. No person shall directly or indirectly
have an interest in more than one (1) license.
[CC §10.05; Ord. No.
293, 4-20-1987]
Each license issued in compliance with this Chapter shall be
for a period consisting of the date of issuance through the next June
thirtieth (30th) period, unless suspended or revoked for cause as
herein provided. License application for renewal shall be received
along with the license fee at the City Hall on or before the first
(1st) day of May of each year. All licenses issued under this Chapter
shall expire on the thirtieth (30th) day of June each year. Issuances
of any licenses shall be without proration and the fee charged shall
be for one (1) year regardless of the date of issue.
[1]
Editor’s Note: Former Section 600.060, Sale on Certain
Days Prohibited — Sales Authorized When New Year's Eve or New
Year's Day Is on Sunday, which derived from CC § 10.06; Ord.
No. 318, 2-16-1988; Ord. No. 467 § 3, 7-6-1993, was repealed
3-21-2016 by § 1 of Ord. No. 1083.
[CC §10.07; Ord. No.
293, 4-20-1987]
No person having a license to sell intoxicating liquor, wine
or wine products, malt liquor or non-intoxicating beer shall sell,
give away or otherwise dispose of any intoxicating liquor, malt liquor
or non-intoxicating beer or suffer the same to be done upon or about
his premises, except during the hours permitted by the Statutes of
the State of Missouri, as revised or amended.
[CC §10.08; Ord. No.
293, 4-20-1987]
No person, agent or employee of any person in any capacity shall
sell or drink intoxicating liquor, wine or wine products, malt liquor
or non-intoxicating beer in any other place than that designated in
the license or at any other time than is authorized by this Chapter
and Statutes of the State of Missouri.
[1]
Editor’s Note: Former Section 600.090, Druggists, which
derived from CC § 10.09; Ord. No. 293, 4-20-1987, was repealed
3-21-2016 by § 1 of Ord. No. 1083.
[CC §10.10; Ord. No.
293, 4-20-1987]
A.
No licensee or his employee shall sell or supply intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer or permit same to be sold or supplied to any habitual drunkard or to any person who is under or apparently under the influence of said substance. Intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer shall not be given, sold or otherwise supplied to persons under the age of twenty-one (21) years, but this shall not apply to the supplying of intoxicating liquor, malt liquor or non-intoxicating beer to a person under such age for medicinal purposes only or by the parent or guardian of such person or the administering of said intoxicating liquor, malt liquor or non-intoxicating beer to said person by a physician. Further, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer, except as set forth in Section 600.210 (F) of this Chapter.
B.
No
person under the age of twenty-one (21) years may purchase or attempt
to purchase or have in their possession any intoxicating liquor, wine
or wine products, malt liquor or non-intoxicating beer as defined
by this Chapter.
[CC §10.11; Ord. No.
293, 4-20-1987]
All applications for license under the provisions of this Chapter
shall be made in writing to the City Manager of the City of St. John
on a form supplied and approved by said City Manager. All applications,
except for the sale of intoxicating liquor, light wine, malt liquor
or non-intoxicating beer at retail for consumption on the premises,
shall be accompanied by an inventory of the appraised valuation of
stock of goods at the proposed place of business. Applicants must
have and keep in their store at all times a stock of goods having
the value according to invoices of at least one thousand dollars ($1,000.00),
exclusive of fixtures and intoxicating liquor.
[CC §10.12; Ord. No.
293, 4-20-1987]
All applications for new licenses for the sale of intoxicating
liquor, light wine, malt liquor and non-intoxicating beer shall be
presented to the City Council for their action, and no license shall
be granted at the same meeting of the City Council at which the application
is presented, except by unanimous vote of the Council. All renewals
for intoxicating liquor, light wine, malt liquor or non-intoxicating
beer licenses shall be presented to the City Manager, and it is in
his discretion to either renew or not renew said license. In the event
the said license is not renewed by the City Manager, said applicant
shall have the right to appear before the City Council at the next
regularly scheduled meeting of the City Council to request their action
on the application for renewal.
[CC §10.13; Ord. No.
443 §1, 9-21-1992; Ord. No. 712 §2, 9-17-2001; Ord.
No. 762 §1, 4-21-2003]
A.
There
shall be only one (1) licenses issued by the City of St. John, Missouri,
for the sale of intoxicating liquor by the drink within said City.
B.
In
addition to the above-stated maximum, the City Council may approve
the issuance of additional intoxicating liquor by the drink licenses
to restaurant establishments after the establishment completes the
application process.
[CC §10.14; Ord. No.
293, 4-20-1987]
On approval of a new application by the City Council or, a renewal
thereof by the City Manager and the payment of the license tax herein
provided, the City Manager shall grant the applicant a license on
a form prescribed to conduct business in the City of St. John until
the next date of June thirtieth (30th). A separate license shall be
required for each place of business, and every license issued under
the provisions of this Chapter shall particularly describe the premises
of which intoxicating liquor, light wine, malt liquor or non-intoxicating
beer may be sold thereunder.
[Ord. No. 1022 § 4, 10-7-2013]
A.
Applicants for a liquor tasting license must already have a current
full package liquor license and a current City of St. John business
license before the liquor tasting license will be issued. When the
tasting event will take place on a Sunday, the applicant must also
have a Sunday sales license in addition to the full package liquor
license before the liquor tasting license will be issued.
B.
Applications for a liquor tasting license must include a written
proposal on how the applicant will ensure that the liquor tasting
is a controlled event, how often it plans to hold liquor-tasting events
and how it plans to notify customers of the liquor-tasting event.
Applications will be forwarded to the St. John City Council at its
regular Council meeting for consideration and approval/denial.
C.
With all liquor tasting licenses, the following guidelines will apply
once the liquor tasting license is issued:
1.
The Store Manager or Liquor Department Manager must monitor
the liquor-tasting event.
2.
Samples may not be served to minors.
3.
Samples may not contain more than one-half (1/2) ounce of alcoholic
beverage.
4.
The licensee may not serve more than one (1) sample of each
brand of alcoholic beverage per customer per day.
5.
The licensee may not serve more than two (2) brands of alcoholic
beverages per day.
6.
Liquor tasting is allowed only between the hours of 12:00 P.M.
and 6:00 P.M. on Sunday, 12:00 P.M. and 8:00 P.M. on Monday through
Thursday, and 12:00 P.M. and 9:00 P.M. on Friday and Saturday.
7.
The licensee agrees that it will permit the City of St. John
to inspect the licensed premises and every part of the building and
plot of ground under its control and upon which the licensed premises
are located and any place where the applicant may have intoxicating
liquor stored.
[CC §10.15; Ord. No.
293, 4-20-1987]
A.
No
license shall be issued for the sale of intoxicating liquor, light
wine, malt liquor or non-intoxicating beer in the original package
at retail, 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:
[Ord. No. 776 §1(c), 8-4-2003]
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.
[CC §10.17; Ord. No.
293, 4-20-1987]
No person shall be granted a license under this Chapter, unless
such persons are of good moral character and a legal voter and tax-paying
citizen of the Counties of St. Louis, St. Charles, Jefferson or Franklin,
or the City of St. Louis, Missouri, nor shall any corporation be granted
a license hereunder, unless the managing officer of such corporation
is of such good moral character and a qualified legal voter and tax-paying
citizen of the Counties of St. Louis, St. Charles, Jefferson or Franklin,
or the City of St. Louis, Missouri; and no person shall be granted
a license or a permit hereunder whose license as such dealer has been
revoked, 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, wine or wine products, malt liquor or non-intoxicating
beer or who employs in his business any person whose license has been
revoked or who has been convicted of violating such law since the
date aforesaid; and unless such person qualifies under Missouri State
Law.
[CC §10.18; Ord. No.
293, 4-20-1987]
Either the City Manager or the City Council of St. John may,
on hearing, suspend or revoke any license issued under the provisions
of this Chapter for good cause shown, first having given such licensee
not less than ten (10) day's notice in writing of a request to suspend
issuing, which notice shall command the licensee to be present at
the regular meeting of the City Council and to show cause, if any,
why said license should not be suspended or revoked. Provided that
said licensee shall have full right to be represented by counsel at
said hearing and may produce witnesses in evidence on his behalf at
such hearing and provided further that such notice of suspension or
revocation and date of hearing shall be served by the Director of
Public Safety and may be served upon the licensee by leaving a copy
thereof with the licensee or any person or employee in charge of the
place of business of said licensee. It shall be the duty of the City
Manager, with the assistance of the Police Department of the City
of St. John, to see that the provisions of this Chapter and all other
ordinances relating to the sale of intoxicating liquor, light wine,
malt liquor or non-intoxicating beer are obeyed. The City Manager
shall have the power and authority to prescribe and adopt such rules,
regulations, and directives as may be necessary to enforce provisions
of this Chapter. Any licensee hereunder who violates any of the terms
of this Chapter or any rule, regulation, order or directive of the
City Manager issued pursuant thereto may, in addition to other penalties
herein prescribed, suffer the revocation of his license as determined
by the City Manager upon a hearing, as hereinbefore provided, in front
of the City Council of the City of St. John.
[CC §10.19; Ord. No.
293, 4-20-1987]
All licenses issued pursuant to the provisions of this Chapter
shall be kept at the place described in such license and all such
licenses shall be kept conspicuously posted in the place for which
the license was issued.
[CC §10.20; Ord. No.
293, 4-20-1987]
All licenses issued hereunder authorizing the sale of intoxicating
liquor, wine or wine products, malt liquor or non-intoxicating beer
in the original package shall be construed so as to prohibit the original
package to be broken or to be consumed in or upon the premises where
sold, and any such licensee suffering or permitting the same to be
done shall be deemed guilty and in violation of this Chapter.
[CC §10.21; Ord. No.
293, 4-20-1987; Ord. No. 362 §1, 5-1-1989; Ord.
No. 776 §1(d — f), 8-4-2003]
A.
Notwithstanding
any other provision of this Chapter to the contrary, any person who
possesses the qualifications required by this Chapter, and who now
or hereafter meets the requirements of and complies with the provisions
of this Chapter, may apply to the City Clerk for a license to sell
intoxicating liquor by the drink for consumption on the premises of
the licensee as defined in this Chapter between the hours of 9:00
A.M. and Midnight on Sunday at any restaurant bar as described in
the application.
B.
All
applications for a license under the provisions of this Section shall
be accompanied by a certified statement from a public accountant indicating
that the gross sales of the business by food and by liquor for a period
of one hundred eighty (180) days immediately preceding the filing
of the application; and thereafter, on all yearly renewals, a twelve
(12) month statement so certified by a public accountant, indicating
their gross sales by food and by liquor for the preceding year.
C.
Any
new restaurant-bar having been in operation as such for less than
ninety (90) days may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises between
the hours of 9:00 A.M. and Midnight on Sunday for a period not to
exceed ninety (90) days if the restaurant-bar can show a capability
(verified, in writing, by the State of Missouri Liquor Control Division)
of an annual business from prepared meals or food, prepared and consumed
on the premises, of at least fifty percent (50%) of the total gross
income of the restaurant- bar for the year or can show a projection
of annual business from prepared meals or food consumed on the premises
which would exceed not less than two hundred seventy-five thousand
dollars ($275,000.00). The license fee shall be pro-rated for the
ninety (90) day period of the temporary license based on the cost
of the annual license fee. At the end of the aforesaid ninety (90)
day period, the business must provide the City with a certified statement
from a public accountant indicating the gross sales of the business
by food and by liquor for the past ninety (90) day period. If these
sales indicate that the business meets the requirements of this Chapter
for a Restaurant-Bar Sunday sales license, then a license shall be
issued for the remainder of the licensing year and the applicant shall
pay the annual license fee as provided for in this Chapter, minus
the amount paid for the temporary license if payment of the temporary
license falls within the same yearly license period. If payment of
the temporary license and the annual license are in two (2) different
licensing periods, then the full amount is due for the annual license.
Said license shall be renewable yearly thereafter under the
terms and conditions as provided for in this Chapter.
D.
Persons
holding a license under this Section shall comply with all provisions
of the State law and with all other ordinances and regulations of
the City of St. John relating to the sale of liquor by the drink for
consumption on the premises where sold, and in addition to all other
fees required by the ordinances of the City of St. John, a restaurant-bar
shall be an additional fee of one hundred fifty dollars ($150.00)
per year, payable at the same time and in the same manner as are other
license fees.
E.
No
person shall sell or offer or expose for sale in the City of St. John,
any intoxicating liquor between the hours of 9:00 A.M. and Midnight
on Sunday by the drink at retail for consumption on the premises of
a restaurant-bar, without first procuring a license under the provisions
of this Chapter.
F.
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, wine or wine products, malt liquor or non-intoxicating beer
in restaurant-bars which are licensed under this Section; provided
that nothing in this Section shall authorize persons under twenty-one
(21) years of age to mix or serve across the bar any of said substances.
[CC §10.26; Ord. No.
467 §4, 7-6-1993; Ord. No. 505 §1, 11-21-1994; Ord. No. 776 §1(g), 8-4-2003; Ord. No. 1250, 8-21-2023]
A.
Notwithstanding the provisions of Section 600.070 or any other law to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter who is licensed to sell intoxicating or non-intoxicating liquor in the original package at retail hereunder, may apply to the City for a Sunday license to sell intoxicating or non-intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sunday.
B.
Certain
Holidays — Sale By The Drink On Sunday Allowed. When January
first, March seventeenth, July fourth, or December thirty-first 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 their 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 311.290, RSMo., or any other provisions
of law to the contrary.
[CC §10.22; Ord. No.
293, 4-20-1987; Ord. No. 570 §1, 4-7-1997; Ord.
No. 831 §1, 5-16-2005]
A.
No person without a permit issued pursuant to Subsection (B) hereof may consume intoxicating beer, wine or wine products, malt liquor or non-intoxicating beer, or possess an opened container of intoxicating liquor, light wine, malt liquor or non-intoxicating beer on any public property owned or maintained by the City of St. John including, but without limitation, any street, sidewalk, thoroughfare, right of way, park or recreational area within the corporate limits of the City of St. John.
B.
Any
person, firm or corporation may apply to the City Manager of the City
of St. John, for a permit to possess or consume intoxicating liquor,
light wine, malt liquor and non-intoxicating beer on public property
by submitting a written application therefore stating the date, time,
place and reason that such permission is desired.
C.
Open Container In A Motor Vehicle. No person may drive,
operate, hold or possess any open container of any intoxicating liquor,
malt liquor, beer or wine while in a vehicle on any street, thoroughfare,
right-of-way within the City of St. John.
[CC §10.23; Ord. No.
293, 4-20-1987]
It shall be unlawful for any person to give, lend, sell or otherwise
provide any person under the age of twenty-one (21) any falsified
identification of another person for the purpose of establishing the
age of any person as being twenty-one (21) years of age or older when
such purported or represented age is false.
[CC §10.24; Ord. No.
293, 4-20-1987; Ord. No. 1014 §1, 7-15-2013]
Any person violating any of the provisions of this Chapter,
except for some penalties otherwise provided, shall, upon conviction
thereof, be adjudged guilty of a misdemeanor and punished by a fine
not exceeding one thousand dollars ($1,000.00), or imprisonment for
ninety (90) days, or by both such fine and imprisonment. Further,
a conviction in any court on any violation of any provision in this
Chapter or Statutes of the State of Missouri relative to the sale
of intoxicating liquor, wine or wine products, malt liquor or non-intoxicating
beer shall have the effect of automatically suspending the license
of the person convicted and such suspension shall continue until the
case is finally disposed of. If the defendant, upon final disposition
is acquitted, he may apply for or receive a reinstated license. The
term "conviction" as herein used shall mean conviction
upon final determination of any prosecution of a violation of this
Chapter or the Statutes of the State of Missouri. Further, any person
having been convicted of a violation of any provision of this Chapter
or the Statutes of the State of Missouri shall not be issued a license
or renewal thereof for a period of one (1) year from the date of said
conviction. Upon conviction of any person under the provisions of
this Chapter, it shall be the duty of the Municipal Judge or the Police
Department to certify such conviction to the City Manager, and in
the case of revocation or forfeiture of any license granted and issued
under the provisions of this Chapter for cause or otherwise, the City
shall, in no event, return any part of the license fee paid for such
license.
[CC §10.25; Ord. No.
293, 4-20-1987]
All terms, restrictions, regulations, and provisions of State
law with respect to the regulation of intoxicating liquor, not inconsistent
with the terms of this Chapter, are hereby adopted and made a part
of this Chapter.
[CC §11.100; Ord.
No. 235, 1-7-1985]
A.
It
shall be unlawful for any person maintaining, owning, or operating
a commercial establishment located within the City of St. John, at
which alcoholic beverages are offered for sale for consumption on
the premises:
1.
To suffer or permit any female person, while on the premises of said
commercial establishment, to expose to the public view that area of
the human breast at or below the areola thereof.
2.
To suffer or permit any person, while on the premises of said commercial establishment to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in Subsection (A)(1).
3.
To suffer or permit any person, while on the premises of said commercial
establishment to expose to the public view his or her genitals, pubic
area, buttocks, anus or anal cleft or cleavage thereof.
4.
To suffer or permit any person, while on the premises of said commercial
establishment, to employ any device or covering which gives the appearance
of or simulates the genitals, pubic area, buttocks, anus, or anal
cleft or cleavage thereof.
5.
To suffer or permit any person, while on the premises of said commercial
establishment, to engage in the actual or simulated touching, caressing
or fondling of the breasts, buttocks, anus, genitals or pubic area.
6.
To suffer or permit any person, while on the premises of said commercial
establishment, to place paper money, coins or things of value under
or into any article of clothing or part thereof worn by any other
person or into any bodily orifice of another person.
B.
It
shall be unlawful for any female person, while on the premises of
a commercial establishment located within the City of St. John, at
which alcoholic beverages are offered for sale for consumption on
the premises, to expose to public view that area of the human female
breast at or below the areola thereof, or for any person to employ
any device or covering which is intended to give the appearance or
simulate such areas of the female breast as described herein.
C.
It
shall be unlawful for any person, while on the premises of a commercial
establishment located within the City of St. John at which alcoholic
beverages are offered for sale for consumption on the premises, to
expose to public view his or her genitals, pubic area, buttocks, anus
or anal cleft or cleavage, or to employ any device or covering which
gives the appearance of or simulates the genitals, pubic area, buttocks,
anus or anal cleft or cleavage.
D.
It
shall be unlawful for any person, while on the premises of a commercial
establishment located within the City of St. John at which alcoholic
beverages are offered for sale for consumption on the premises, to
place paper money, coins or things of value under or into any article
of clothing or any parts thereof worn by any other person or into
any bodily orifice of another person.
E.
It
shall be unlawful for any person, while on the premises of a commercial
establishment located within the City of St. John at which alcoholic
beverages are offered for sale for consumption on the premises, to
allow or encourage any other person to place paper money, coins or
things of value under or into any article of his or her clothing,
or any part of any such article of clothing or into any of his or
her bodily orifices.
F.
Any
person, firm, or corporation violating any provision of this Section
shall be deemed guilty of a misdemeanor, and upon conviction shall
be fined not less than five dollars ($5.00) nor more than one thousand
dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days,
or by both such fine and imprisonment.
[Ord. No. 1014 §1, 7-15-2013]
G.
If the owner, operator, licensee, lessor, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the City of St. John at which alcoholic beverages are offered for sale for consumption on the premises shall be convicted of any of the offenses designated in this Section, the City Council shall revoke the liquor license for said establishment after giving a reasonable notice thereof to the holder of said license and affording the holder an opportunity to be heard as to why the revocation should not be issued. Said revocation proceeding hereunder shall comply with Section 600.180 of the Municipal Code of the City of St. John.
[Ord. No. 500 §1, 10-17-1994]
No retailer shall sell or offer for sale any beer, ale or malt
liquor products in glass containers of sixteen (16) ounces or greater
content, that are chilled or refrigerated at the time of sale or offer
to a temperature less than the room temperature of the licensed premises
at which said sale or offer occurs.
