[1]
Editor's Note — Ord. no. 807 §1, adopted August 7, 2006, repealed sections 610.010 "maximum number of permits for liquor by drink", 610.020 "maximum number of permits for sale of 5% beer or light wine", 610.030 "maximum number of permits for sale of non-intoxicating beer" and 610.040 "purpose" in their entirety. Former sections 610.010 — 610.040 derived from ord. no. 65 §§1, 4 — 5, 7-6-1981; ord. no. 86 §1, 7-5-1982.
[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no license shall be granted to any person whose license for intoxicating or non-intoxicating liquor or beer has ever been revoked or who has been convicted, since the ratification of the twenty-first amendment to the Constitution of the United States, of a violation of the provisions of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; Ord. No. 1345, 5-20-2024]
A. 
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, veteran, 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 City 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.
B. 
As used in this Section the term "wine" means a beverage containing not in excess of fourteen percent (14%) of alcohol by weight.
[1]
State Law Reference: Section 311.218, RSMo.
[Ord. No. 1345, 5-20-2024]
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 the sum of ten dollars ($10.00) for each calendar day, or fraction thereof, for which the permit is issued.
B. 
Except as provided in Subsection (C) of this Section, 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 or 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.
[1]
State Law Reference: Section 311.485, RSMo.
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 §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).
[Ord. No. 1352, 7-15-2024]
A. 
No licensee under this Chapter, or his or 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 any 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 when serving in the capacity as an employee of a licensed establishment.
B. 
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 or her parent or guardian, is guilty of an ordinance violation.
C. 
It shall be a defense to prosecution under this Section if:
1. 
The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;
2. 
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
3. 
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.
[1]
State Law Reference: Section 311.310, RSMo.