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:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
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.
LIGHT WINES
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.
MALT LIQUOR
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.
ORIGINAL PACKAGE
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 three (3)
or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
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.
[R.O. 2012 §600.030; Ord. No. 358 §4, 6-8-1993]
A. Neither
the applicant nor any officer, director or shareholder of a corporate
applicant shall have been convicted of a felony or of any distribution,
sale or possession of any controlled substances or dangerous drugs.
The applicant shall present with the application a bona fide sale
contract or option duly executed, which may be subject to applicant
obtaining a liquor license, or a bona fide lease duly executed by
the lessor, or an option for a lease duly executed, subject to the
applicant obtaining a liquor license, covering the property for which
a liquor license is requested. If the applicant is a corporation,
the petition shall set forth all of the above information with respect
to the managing officer or officers, identifying such officer or officers.
The application shall further state the full name of the corporation,
its date of incorporation, its registered agent and registered address,
the names and addresses of all shareholders of the corporation, and
whether said corporation operates any other business or controls or
is controlled by any other corporation or business, and if so, the
application shall further state the name of such controlled or controlling
corporation or business, its registered agent and registered address,
and the location of all businesses operated by it and the name and
address of any such businesses with a liquor license, whether within
or without the City of Normandy; and the application shall also state
if such controlling corporation or any controlled corporation is doing
business under a fictitious name, and the address where said business
is located. In addition thereto the Council may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license to
an applicant.
B. Filing Of An Application. Each application for an original or renewal license as provided under Section
600.020 above, shall be filed with the City Clerk on a form to be provided by the City, signed and sworn to by the applicant.
C. Neighborhood Approval Required. The application of the applicant
must be signed by a majority of the property owners within a distance
of two hundred (200) feet from the proposed location in all directions
and measured exclusive of streets, alleys, rights-of-way, and public
land.
D. Hearing On Application. Upon the filing of the application
with the Clerk, the Clerk shall fix a date for a hearing on the application,
not less than twenty (20) days from the date of filing of the application,
and shall give the applicant written notice of the date of the hearing.
At such hearing the applicant shall be entitled to produce testimony
under oath, and to be represented by counsel, and the City Council
shall have the power to subpoena witnesses, and to take their testimony
pertaining to all matters connected with the application. Any property
owner, tenant, person, firm or corporation having a business license
within two hundred (200) feet of the proposed establishment, shall
also have the right to produce witnesses and testimony. If, after
the hearing, the City Council finds that:
1. The applicant is a person of good moral character, a native born
or naturalized citizen of the United States of America, a registered
voter and a taxpaying citizen of the City;
2. No license theretofore issued to such applicant to manufacture and
sell intoxicating liquors has been revoked within two (2) years of
the date of the application;
3. The applicant has not been convicted since the ratification of the
Twenty-First Amendment to the Constitution of the United States of
the violation of any law applicable to the manufacture, sale or rectifying
of intoxicating liquor, or that such applicant has not employed in
his/her business any person whose license has been revoked or who
has been convicted for violating the provisions of such law since
the date aforesaid;
4. The application is supported in writing by a majority of the property
owners within two hundred (200) feet of the location in which the
applicant proposes to conduct a retail liquor business; and
5. The applicant plans and proposes to conduct a retail liquor business
in compliance with the laws of the State of Missouri and with this
Code,
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then a license may be issued to the applicant permitting him/her to conduct such business for a period as provided in Section 600.040(B) of this Chapter, unless such license be revoked for cause before the expiration of such time. The license may be renewed from term to term, unless the property owners and tenants, and the persons, firms, and corporations having business licenses, located within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license.
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[R.O. 2012 §600.040; Ord. No. 358 §5, 6-8-1993]
A. Presentation
Of Application To City Council — Issuance. Upon filing of an
application and bond for a license herein, such application and bond
shall be presented to the City Council at its next meeting and upon
approval of the application by a majority of the Council and with
the approval of the Mayor or by a two-thirds (2/3) majority of the
Council irrespective of the Mayor, and upon the payment of the license
tax as provided herein and upon compliance with the occupancy requirements
of the City, the Mayor and the City Clerk shall grant the applicant
license to conduct business in this City.
B. Renewal
Application — Review. Upon the filing of an application for
renewal, which must be received at least thirty (30) days prior to
the license expiration date, such renewal application shall be reviewed
by the City Council at its next meeting. Upon approval of the majority
of the Council and with the approval of the Mayor, or by a two-thirds
(2/3) vote of the Council irrespective of the Mayor, and upon payment
of the license tax provided herein, the Mayor and City Clerk shall
renew such license.
C. Discretion In Issuing License. In passing upon any application
for a license under this Chapter, the City Council shall have authority
to take into consideration the location of the proposed business for
which a license is sought with respect to its proximity to a school,
a church, a public park or playground and to other places of the character
for which a license is sought, and shall have authority to refuse
to issue a license when in their judgment the issuance thereof would
not be in the best interest of the locality in which the applicant
applies for a location of such place, and in no event shall the City
Council recommend the issuance of a license in violation of any zoning
law now or hereafter in force and effect or in violation of any record
restrictions upon the property in which it is proposed to operate
a place under such license.
D. Separate License For Each Place Of Business. A separate
license shall be required for each place of business. Every such license
issued under this Section shall particularly describe the class of
license, licenses and premises where such liquor may be sold.
E. License To Be Posted. Each license issued hereunder shall
be conspicuously posted on the premises for which the license has
been issued.
F. Change Of Location. 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 City Council. Any change of location of the enterprise prior to
the issuance of such an amended license shall constitute a violation
of this Section.
[R.O. 2012 §600.070; Ord. No. 358 §8, 6-8-1993; Ord.
No. 608 §1, 11-10-2009; Ord. No. 637 §1, 3-31-2011]
A. Package Liquor Licenses. Only one (1) license shall be issued,
within the City, for the sale of intoxicating liquor in the original
package, not to be consumed upon the premises where sold. Such license
shall only be issued to a person engaged in, and to be used in connection
with, the operation of one (1) or more of the following businesses:
a drug store, a cigar and tobacco store, a grocery store, a general
merchandise store, a confectionery or delicatessen store, having and
keeping 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. Under such license, with
the exception of wine and beer, no intoxicating liquor shall be sold
in units of one-half (½) of one (1) pint in volume or less.
Persons having or obtaining a license for the sale of alcoholic beverages by the drink, as set forth in Section
600.020(B)(5) above, shall, subject to the requirements for application, approval and payment as set out elsewhere in this Chapter, also be eligible to obtain a license for the sale of alcoholic beverages in the original package not for resale and not for consumption on the premises where sold, as set forth in Section
600.020(B)(1) and
(2) above, for use at the licensed premises, all other provisions of this Section to the contrary notwithstanding.
B. Exceptions.
1. No person or corporation holding a valid liquor license from the City of Normandy on the date of passage of this Chapter, June 8, 1993, shall be deprived of renewal of said license for failure to comply with the provisions of Subsections
(A) through
(B) herein.
2. This Section shall not apply to the possession by a druggist of intoxicating
liquor purchased by him/her from a licensed vendor under the Liquor
Control Law of the State of Missouri, or intoxicating liquor lawfully
acquired and transported into the State by him/her pursuant to that
law, such liquor to be used in connection with the business of a druggist
in compounding medicine or as a solvent or preservative, nor shall
this Section apply to the sale of intoxicating liquors by a druggist
on prescription from a regularly licensed physician.
[R.O. 2012 §600.105; Ord. No. 532 §6, 6-1-2004]
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, bestiality, oral copulation, flagellation or
any sexual acts that 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 or DVD programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
B. In
addition to the licensee and/or his/her employee being subject to
all penalties contained in 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. 2012 §600.110; Ord. No. 358 §12, 6-8-1993]
A. The
drinking or ingestion of alcoholic beverages is hereby prohibited
on the public streets, public sidewalks and upon any commercial parking
lot outside the buildings where sold, whether sold by the package
or for consumption on the premises where sold.
B. Possession
of an opened or unsealed bottle, can or other container of any alcoholic
beverage shall be deemed prima facie evidence of drinking or ingesting
an alcoholic beverage. Having an opened, unsealed bottle, can or other
container of any alcoholic beverage upon the person, in sight or out
of sight, in the passenger section or compartment of a vehicle, whether
parked or in motion shall be deemed prima facie evidence of drinking
or ingestion by the driver and passengers, when apprehended in such
vehicles.
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.
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 (11) inches by fourteen (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.