[Ord. No. 86 §1, 7-5-1982; Ord. No. 1164, 11-18-2019]
The City of Scott City shall not grant an initial license for
the sale of either intoxicating liquor, whether by the drink or in
the original package, five percent (5%) beer or light wine not in
excess of fourteen percent (14%) of alcohol or both, or non-intoxication
liquor, until applicant has filed with the City Clerk the application
for said license and has paid the requisite licensing fee therefore.
Upon filing the application, the City Council shall conduct a public
hearing prior to granting or denying the application. The City shall
provide at least seven (7) days' notice of said hearing to the applicant
and public by notification on the City's website and notification
in a newspaper of general circulation within the City and written
notification to the applicant.
[Ord. No. 68 §1, 8-17-1981]
Scott City, Missouri, hereby adopts the definitions of "intoxicating liquor" and "person" as the
same are defined in Sections 311.020 and 311.030, RSMo. 1949, and
such definitions shall apply to all Sections of this Article and any
other ordinance of Scott City, Missouri.
[Ord. No. 68 §§2-3, 8-17-1981]
No person shall be permitted to sell intoxicating liquor in
Scott City, Missouri, without first having procured a license from
the City Council of Scott City, Missouri. Any person desiring to secure
such a license shall make written application to the City Council
for such license and such application shall particularly describe
the premises where the applicant will make such sales. No license
shall be granted under this Article unless such person is of good
moral character, and no license shall be granted to any person whose
license for intoxicating or non-intoxicating liquor or beer has ever
been revoked or who has been convicted, since the ratification of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 or non-intoxicating liquor or beer, or who
employs in his business as such dealer, any person whose permit or
license has been revoked or who has been convicted of a violation
of such law since the date aforesaid.
[Ord. No. 1266, 1-18-2021]
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.
[Ord. No. 362 §1, 1-6-1991]
All applicants requesting a license to sell intoxicating liquor
shall provide proof that the applicant is the owner of the premises
on which alcohol is to be sold or has lawful possession of the premises
pursuant to a written lease with the owner of the premises on which
alcohol is to be sold.
[Ord. No. 68 §§2-3, 8-17-1981; Ord. No. 362 §1, 1-6-1991; Ord.
No. 406 §1, 7-6-1993; Ord. No. 407 §1, 7-6-1993]
A. No
license for sale of intoxicating liquor in the original package, not
to be consumed upon the premises where sold in Scott City, Missouri,
shall be issued until the applicant has paid the sum of seventy-five
dollars ($75.00) in cash to Scott City, Missouri.
B. No
license for the sale of malt liquor containing alcohol in excess of
three and two-tenths percent (3.2%) by weight and not in excess of
five percent (5%) by weight in the original package, not to be consumed
upon the premises where sold, in Scott City, Missouri, shall be issued
until the applicant has paid the sum of twenty-five dollars ($25.00)
in cash to Scott City, Missouri.
C. Any person who possesses the qualifications required by this Chapter and who may now or hereafter meet the requirements of and complies with the provisions of this Chapter, may apply for, and the City Council may issue a special license to sell intoxicating liquor in the original package at retail, as defined in Section 311.200, RSMo., between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday. However, no special license for the sale of intoxicating liquor in the original package on Sundays shall be issued until the applicant has paid the sum of one hundred dollars ($100.00) in cash to the City of Scott City. Notwithstanding, the provisions of Section
610.130 to the contrary, any person who has a license for the sale of intoxicating liquor in the original package, may receive the special license for sale of liquor in the original package on Sunday upon payment of the required fee, without the formal hearing requirements set forth in Section
610.130 of this Code.
[Ord. No. 1266, 1-18-2021]
[Ord. No. 917 §1, 3-21-2011; Ord.
No. 1266, 1-18-2021]
Other provisions of this Chapter to the contrary notwithstanding,
a permit for the sale of wine and malt liquor for consumption on the
premises where sold may be issued any church, school, civic, service,
fraternal, Berean, political, or charitable club or organization for
sale of such wine and malt liquor at any picnic, bazaar, fair, festival
or similar gathering or event held to commemorate the annual anniversary
of the signing of the Declaration of Independence of the United States.
Such permits shall be issued only during the period from June fifteenth
to July fifteenth annually and only for the day or days named therein
and it shall not authorize the sale of wine and malt liquor except
between the hours of 6:00 A.M. and 1:30 A.M. and for not more than
seven (7) days by any such organization. The permit may be issued
to cover more than one (1) place of sale within the general confines
of the place where the gathering or event is held; provided, however,
no permit shall be issued to any organization which selects or restricts
the membership thereof on the basis of race, religion, color, creed,
or place of national origin. For the permit, the holder thereof shall
pay to the director of revenue the sum of one hundred dollars ($100.00).
No provision of law or rule or regulation of the supervisor shall
prevent any wholesaler or distributor from providing customary storage,
cooling or dispensing equipment for use by the holder of the permit
at such gathering or event.
A. No
license for the sale of intoxicating liquor by the drink shall be
sold until the applicant shall have paid the following sums:
1. Malt liquor containing alcohol in excess of three and two-tenths
percent (3.2%) by weight and 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, or light wines containing not in excess of fourteen percent
(14%) of alcohol by weight exclusively from grapes, berries, and other
fruits and vegetables, or both - fifty dollars ($50.00).
2. For every license issued for the sale of all kinds of intoxicating
liquor, at retail by the drink for consumption on the premises of
the licensee, including the sale of intoxicating liquor in the original
package - four hundred fifty dollars ($450.00).
[Ord. No. 737 §2, 9-2-2003]
No license for the sale of non-intoxicating beer shall be issued
to any establishment which does not have a license for the sale of
intoxicating liquor.
[Ord. No. 737 §1, 9-2-2003]
No license to sell intoxicating liquor between the hours of
9:00 A.M. and Midnight on Sunday shall be issued, unless said liquor
is sold at a "restaurant bar" and the applicant shall
have paid the sum of one hundred dollars ($100.00) in cash to Scott
City, Missouri. As used in this Section, the term "restaurant
bar" means any establishment having a restaurant or similar
facility on the premises, at least fifty percent (50%) of the gross
income of which is derived from the sale of prepared meals or food
consumed on such premises or which has an annual gross income of at
least two hundred seventy-five thousand dollars ($275,000.00) from
the sale of prepared meals or food consumed on such premises.
[Ord. No. 560 §1, 5-19-1997]
A. It
shall be unlawful for any person operating any premises where food,
beverages are sold or provided for compensation, who does not possess
a license for the sale of intoxicating liquor, to permit drinking
or consumption of intoxicating liquor in, on, or about the premises
between 10:00 P.M. and 6:00 A.M. the following day, without having
a license as in this Section provided.
B. Applications
for such license shall be made to the City Clerk on forms prescribed
by the Clerk, describing the premises to be licensed and giving all
reasonable information required. The license shall be issued, upon
review of application and approval by the City Council and upon payment
of the fee. The license fee shall be ninety dollars ($90.00) per year.
C. The
drinking or consumption of intoxicating liquor shall not be permitted
in, upon, or about licensed premises by any person under twenty-one
(21) years of age, or by any person between the hours of 1:30 A.M.
and 6:00 A.M. on any weekday, and between the hours of 6:00 A.M. on
Sunday until 1:30 A.M. on Monday. No person shall be granted a license
hereunder unless such a person is of good moral character and a qualified
legal voter and taxpayer of the City of Scott City, nor shall any
corporation be granted a license hereunder unless the managing officer
of said corporation is of good moral character and a qualified legal
voter and taxpaying citizen of the City of Scott City.
[Ord. No. 1266, 1-18-2021]
D. Any
premises operated in violation of the provisions of this Section,
is hereby declared a public and common nuisance and it shall be the
duty of the City Attorney to enjoin such nuisance.
[Ord. No. 68 § 6, 8-17-1981; Ord. No. 808 §1, 8-7-2006]
Before any application under this Article shall be granted the
applicant shall deliver to the City a bond in the sum of one thousand
dollars ($1,000.00), with sufficient surety, to be approved by the
City Council, conditioned that the person obtaining such license shall
at all times keep an orderly house, and that he will not sell, give
away or otherwise dispose of, or suffer the same to be done about
his premises any intoxicating liquor in any quantity to any minor,
and conditioned that he will not violate any of the provisions of
the laws of Missouri pertaining to the sale of intoxicating liquor,
and that he will pay all taxes, inspection and license fees provided
by this Article or as the same shall be amended, together with all
fines, penalties and forfeitures which may be adjudged against him
under the provisions of this Article. Violation of the conditions
of the aforesaid bond shall be a breach of said bond and will entitle
the City of Scott City to recover the amount pledged therein.
[Ord. No. 85 §1, 7-5-1982]
No licenses for the sale of intoxicating liquor by the drink, five percent (5%) beer, or light wine not in excess of fourteen percent (14%) alcohol or both, or non-intoxicating beer on the premises shall be renewed if the applicant for renewal has violated any of the conditions of his bond as set forth in Section
610.110 of this Article.
[Ord. No. 737 §3, 9-2-2003]
No person shall sell liquor or non-intoxicating beer with the
alcohol content below five percent (5%) by weight to a customer in
an original carton if the carton has been mutilated, torn apart or
cut apart. Additionally, no retailer may repackage the substance in
a misleading manner or repackage the substance in a manner which would
omit or obscure required labeling.
[Ord. No. 68 §8, 8-17-1981; Ord. No. 362 §1, 1-6-1991; Ord. No. 479 §1, 7-3-1995; Ord.
No. 486 §1, 10-16-1995; Ord. No. 559 §1, 5-19-1997]
A. Upon
receipt of an application for an initial license and payment of the
requisite fee, the application shall be voted upon by the City Council
at a public hearing. Upon receipt of said application and fee, the
applicant for such initial liquor license shall be notified by the
City Clerk of the time and place of the public hearing at least five
(5) days prior to the public hearing. In the event an initial license
is rejected by the City Council, the applicant shall be given a written
notice of the reason therefor.
B. The City Council may, after a public hearing, suspend or revoke a liquor license if the holder of the liquor license has violated any of the conditions necessary for the initial grant of the license, as set forth in Section
610.120 of this Article. The holder of the license subject to revocation or suspension shall be given at least ten (10) days notice of the public hearing by the City Clerk and the holder of said license shall not be denied his/her right to representation by an attorney and the right to cross-examine opposing witnesses. Testimony presented at such hearing shall be taken under oath and recorded. In the event of revocation or suspension the person whose license has been so revoked or suspended shall be given written notice by the City of the reasons therefor.
C. No application for initial liquor license shall be granted unless the applicant for the liquor license appears before the City Council at the public hearing required under Subsection
(A) of this Section.
D. All
initial liquor licenses shall be issued for a period beginning the
date the license is approved by the City Council until the following
July first (1st).
E. All
renewed liquor licenses shall be effective for a period of one (1)
year, commencing at the start of the business day on July first (1st)
and terminating at the end of the business day on June thirtieth (30th)
of the following year.
F. Applicants
for an initial liquor license shall pay such portion of the liquor
license fee as the number of days in the initial term bears to the
number of days in a calendar year.
G. All
applicants for renewal of existing liquor licenses must be submitted
along with the requisite fee to the City Clerk on or before the first
(1st) City Council meeting in June and the City Council shall vote
on the renewal application, without the necessity of a public hearing,
on the second (2nd) City Council meeting in June, or at such other
time as designated by the City Council. The City Clerk shall promptly
notify the renewal applicant of the Council's decision. In the event
the City Council determines not to renew an applicant's license, the
rejected applicant may request in writing, a public hearing before
the City Council to the same extent as provided to license holders
subject to suspension or revocation as set forth in Subparagraph (B)
of this Section.
[Ord. No. 460 §1, 2-6-1995]
No license for the sale of intoxicating liquor at retail establishments shall be issued to any business establishment which employs or allows to perform erotic dancers, as that term is defined in Chapter
635 of this City Code.
[Ord. No. 68 §9, 8-17-1981; Ord. No. 362 §1, 1-6-1991]
All licenses issued under this Article shall be for a period of one (1) year, except as hereinafter provided. Prior to issuing a one (1) year license, the Board may issue a "ninety (90) day conditional license," to any applicant to determine if the applicant will abide by the conditions of his bond set forth in Section
610.110. The City Council shall note in the minutes its reasons for issuing a ninety (90) day conditional license in lieu of a yearly license. If at the end of the ninety (90) days the applicant has complied with all the conditions of its bond as set forth in Section
610.110, the Board shall issue the applicant a license for the term of one (1) year.
[Ord. No. 362 §1, 1-6-1991]
A. All
retail licensees shall maintain an orderly house, and in doing so,
shall comply with the following:
1. At no time, under any circumstances, shall any licensee or his employees
fail to immediately prevent or suppress any violent quarrel, disorder,
brawl, fight or other improper or unlawful conduct of any person upon
his premises. In addition, no licensee or his employees shall allow
obscene songs, entertainment, literature, advertising material, films
or video programs upon the licensed premises. For the purposes of
this Section, any material or performance is obscene if:
a. Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
b. Taken as a whole with the average person, applying contemporary community
standards, it depicts or describes sexual conduct in a patently offensive
way; and
c. Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
2. In the event that a licensee or his employee knows, or should have
known, that an illegal or violent act has been committed on or about
the licensed premises, they shall immediately report the occurrence
to the Police and shall cooperate with the Police and agents of the
Division of Liquor Control during the course of any investigation
into such an occurrence.
3. No retail licensee or his employees shall allow in or upon his licensed
premises:
a. 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; and
b. The displaying of any portion of the areola of the female breast;
and
c. The actual or simulated touching, caressing, or fondling of the breasts,
buttocks, anus or genitals; and
d. The actual or simulated displaying of pubic hair, anus, vulva or
genitals; and
e. The permitting by a licensee of any person to remain upon the licensed
premises who exposes to public view any portion of his or her genitals
or anus.
[Ord. No. 68 §10, 8-17-1981; Ord. No. 807 §2, 8-7-2006]
If any person shall violate any of the provisions of this Article,
he shall be adjudged guilty of a misdemeanor and shall be fined not
less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00).