Editor’s Note: Sections 1—21 of Ord. No. 1759, adopted
January 7, 2013, rewrote this entire Chapter by amending certain Sections,
renumbering certain Sections and removing certain Sections. We have
retained all previous ordinance history when that was possible; however,
the previous editor’s notes were removed since they would no
longer make sense with the renumbering that occurred. The following
Sections were deleted without any replacement provisions: Section
600.060, General Retail Sales of Non-Intoxicating Beer Only in the
Original Package, adopted by Ord. No. 1511 §8, 5-16-2006; Section
600.090, Certain Holidays, Sale by the Drink on Sunday Allowed, adopted
by Ord. No. 1511 §11, 5-16-2006; Section 600.110, General Retail
Sales of Non-Intoxicating Beer Only by the Drink, adopted by Ord.
No. 1511 §13, 5-16-2006. The remaining Sections all contain
ordinance history to the appropriate Section of Ord. No. 1759 as well
as any previous history.
[Ord. No. 1511 §§1, 3, 5-16-2006; Ord. No. 1759 §§1, 21, 1-7-2013]
When used in this Chapter, the following words shall have the
following meanings:
Any establishment whose building contains a square footage
of at least six thousand (6,000) square feet, and where games of skill
commonly known as billiards, volleyball, indoor golf, bowling or soccer
are usually played or has a dance floor of at least two thousand five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes, and which has annual gross receipts of at least
one hundred thousand dollars ($100,000.00) of which at least fifty
thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
An intoxicating 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.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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;
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
A seasonal resort restaurant with food sales as determined in
Subsection (2) of Section 311.095, RSMo.
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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.
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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.
The sale of any intoxicating liquor except malt liquor in
the original package in any quantity less than fifty (50) milliliters
shall be deemed a "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.
[Ord. No. 1511 §4, 5-16-2006; Ord. No. 1759 §§2, 21, 1-7-2013]
No person shall sell or offer for sale intoxicating liquor in
the City of Oak Grove without a currently valid liquor license issued
by the City. A separate liquor license shall be required for each
of the categories and subcategories of liquor sales in which the licensee
desires to engage as set forth in this Chapter. A person seeking to
sell or offering for sale intoxicating liquor in a City park shall
be required to obtain a license under this Section upon a recommendation
from the Park Board.
[Ord. No. 1511 §5, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A.
Individuals. No person may be granted a license under this
Chapter unless that person will be actively engaged in the control
and management of the particular alcoholic beverage establishment
for which a license is sought. The applicant must be at least twenty-one
(21) years of age, of good moral character and have not been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs and be a qualified legal voter and taxpaying
citizen of the state of Missouri. No person may be granted a license
under this Chapter who has had a license previously revoked, or who
has been convicted, since the ratification of the Twenty-First Amendment
to the United States Constitution, of a violation of the provisions
of any law applicable to the manufacture or sale of alcoholic beverages,
or who employs in his or her business any person whose license has
been revoked, or who has been convicted of violating the provisions
of any such law since the ratification of the Twenty-First Amendment
to the United States Constitution.
B.
Partnerships And Limited Liability Companies. No license
permitted by this Chapter may be issued to any partnership unless
all members of the partnership are persons who would be eligible for
a license as individuals under the provisions of this Chapter and
no license may be issued to any partnership that has been the holder
of a license that has been revoked. No license permitted by this Chapter
may be issued to any limited liability company unless all members,
managers and agents of the limited liability company are persons who
would be eligible for a license as an individual under the provisions
of this Chapter, and no license may be issued to any limited liability
company that has been the holder of a license that has been revoked.
C.
Corporations. No license permitted by this Chapter shall
be issued to a corporation unless the following conditions have been
satisfied:
1.
All officers and directors of the corporation must be persons of
good moral character.
2.
The managing officer of the corporation must be a person who is eligible
for a license as an individual under the provisions of this Chapter.
3.
The corporation has never been the holder of a liquor license that
has been revoked.
D.
Right Of Possession Or Occupancy Of Premises. Applicants
for licenses under this Chapter must be in possession of the premises
for which the license is sought or have the legal right to occupy
the premises before any license may be issued.
[Ord. No. 1511 §6, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A.
Operating Hours. No licensee or any employee of such licensee
shall sell, give away or otherwise dispose of, or allow the same to
be done, on or about the premises, any intoxicating liquor in any
quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays
and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday,
except as otherwise authorized and licensed for Sunday sales pursuant
to this Chapter. Any person licensed to sell intoxicating liquor by
the drink shall keep a closed place during the aforementioned prohibited
times.
B.
Posting License. Each license issued in accordance with
this Chapter shall be conspicuously posted on the premises for which
the license has been issued.
C.
Posting Warning Sign. Any person who is licensed to sell or serve alcoholic beverages at any establishment under this Chapter shall place on the premises of the establishment a warning sign as described in this Subsection (C). The warning sign must 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 must display the warning sign in a conspicuous place on the licensed premises. Notwithstanding other provisions of this Chapter to the contrary, a person found in violation of this Subsection (C) shall be issued a warning; no person who violates the provisions of this Subsection shall be guilty of a crime.
D.
Separate Licenses Required. A separate license shall be
required for each place of business. Every license issued under the
provision of this Chapter shall particularly describe the premises
at which intoxicating liquor may be sold as authorized by the license,
and that license does not authorize or permit the sale of intoxicating
liquor at any place other than that described on the license.
E.
Transferability. No license issued under this Chapter shall be transferable or assignable except as provided in this Subsection (E).
1.
In the event of the death of the licensee, the widow or widower or
the next of kin of the deceased licensee may make an application to
the City Clerk for a transfer of the license to permit the operation
of the deceased's business for the remainder of the period for which
the license fee has been paid by the deceased. The applicant for a
transfer pursuant to this Subsection must meet the other requirements
of this Chapter before a transfer may be approved.
2.
Whenever one (1) or more members of a partnership withdraws from
the partnership, the City Clerk, upon written request, 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.
3.
Whenever one (1) or more members, managers or agents of a limited
liability company withdraws from the company, the City Clerk, upon
written request, shall permit the remaining members, managers or agents
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.
F.
Proximity To School Or Church.
1.
No license shall be issued under this Chapter for the sale of intoxicating
liquor within one hundred (100) feet of any school, church or other
building regularly used as a place of religious worship, unless the
application is approved by a majority vote of the Board of Aldermen
after ten (10) days' written notice to all owners of property within
one hundred (100) feet of the proposed licensed premises. When a school,
church or place of worship shall hereafter be established within one
hundred (100) feet of any place of business licensed to sell intoxicating
liquor, a renewal license shall not be denied solely for this reason.
2.
This provision of Subdivision (1) shall not apply:
a.
To a license issued by the Supervisor of Alcohol and Tobacco Control
pursuant to Section 311.218, RSMo.; or
b.
Any premises holding a license issued before January 1, 2004, by
the City for the sale of intoxicating liquor. To retain a license
under this Subsection, the licensed premises shall not change license
type, amend the legal description or be without a liquor license for
more than ninety (90) days.
3.
No license shall be issued under this Chapter for the sale of intoxicating
liquor less than three hundred one (301) feet but greater than one
hundred (100) feet from any school, church or other building regularly
used as a place of religious worship, unless the applicant for the
license first obtains the written consent of the board of directors
of the school or written consent of the majority of the managing board
of the church or place of worship; except that when a school, church
or place of worship locates less than three hundred one (301) feet
but greater than one hundred (100) feet from a business in possession
of a valid license to sell intoxicating liquor, a renewal license
shall not be denied solely for lack of the written consent described
in this Subsection.
G.
Change Of Licensee's Location. In the event any licensee
desires to change the location of the licensee's place of business
within the City, the licensee shall file an application in the same
manner as provided for an original application in this Chapter, except
that no additional license fee shall be charged for the remainder
of the period for which the license fee has been paid and the amended
license describing the new place location shall be issued immediately
upon the approval of the application by the Board of Aldermen. Any
change of location of the enterprise prior to the issuance of an amended
license as described in this Subsection shall constitute a violation
of this Chapter.
H.
Proration Of Original License Fee. Notwithstanding other
Sections of this Chapter to the contrary, an applicant for an original
license shall pay a prorated annual license fee based upon the number
of full and partial months remaining in the current license year.
I.
Sale Of Liquor through Drive-Up/Drive-Through Windows. No licensee or any employee of such licensee shall sell, give away
or otherwise dispose of, or allow the same to be done, any intoxicating
liquor through a drive-up/drive-through window.
[Ord. No. 1742 §1, 7-16-2012]
J.
Notwithstanding
any provision of law to the contrary, any person who is licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption
may sell retailer-packaged alcoholic beverages to customers in containers,
filled on such premises by any employee of the retailer who is twenty-one
(21) years of age or older, for off-premises consumption if all the
following requirements are met:
[Ord. No. 2070, 2-21-2023]
1.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A sealable container does not include a
container with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Subsection by a
licensee for off-premises consumption is limited to twice the number
of meal servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
7.
Containers that are filled under Subsection (J) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
[Ord. No. 1511 §7, 5-16-2006; Ord. No. 1759 §§3, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling malt
liquor only at retail in the original package not for consumption
on the premises where sold. Under a license issued pursuant to this
Section, no malt 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 by law.
B.
Qualifications. In addition to all other requirements
of this Chapter, no license shall be issued under the terms of this
Section except to a person engaged in and to be used in connection
with the operation of one (1) or more of the following businesses:
1.
A drugstore;
2.
A cigar and tobacco store;
3.
A confectionery or delicatessen store;
4.
A grocery store;
5.
A general merchandise store; or
6.
To any person who does not have and keep in such person's 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.
C.
Fee. A license under the terms of this Section shall
be issued to all qualified applicants who have fully complied with
the provisions of this Chapter upon payment of an annual license fee
of twenty-two dollars fifty cents ($22.50).
D.
Restriction Of Number Of Licenses Available. There
shall be no limit on the number of licenses available under the terms
of this Section.
[Ord. No. 1511 §9, 5-16-2006; Ord. No. 1759 §§5, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling intoxicating
liquor of all kinds at retail in the original package not for consumption
on the premises where sold.
B.
Qualifications. In addition to all other requirements
of this Chapter, no license shall be issued under the terms of this
Section except to a person engaged in and to be used in connection
with the operation of one (1) or more of the following businesses:
1.
A drugstore;
2.
A cigar and tobacco store;
3.
A confectionery or delicatessen store;
4.
A grocery store;
5.
A general merchandise store; or
6.
To any person who does not have and keep in such person's 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.
C.
Fee. Subject to Subsection (D) of this Section, a license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of one hundred fifty dollars ($150.00).
D.
Restriction Of Number Of Licenses Available. There
shall be no limit on the number of licenses available under this Section.
[Ord. No. 1511 §10, 5-16-2006; Ord. No. 1759 §§6, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling on
Sundays intoxicating liquor of all kinds at retail in the original
package not for consumption on the premises where sold.
B.
Hours When Selling Permitted. A person licensed
to sell intoxicating liquors of all kinds in the original package
on Sunday may only sell these intoxicating liquors between the hours
of 6:00 A.M. and 1:30 A.M. on Monday.
[Ord. No. 2070, 2-21-2023]
C.
Fee. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter, including possession of a valid license issued pursuant to Section 600.050 or 600.060 of this Chapter upon payment of an annual license fee of two hundred dollars ($200.00).
[Ord. No. 1511 §12, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A.
Scope. A license for the privilege of selling malt liquor/light
wine only at retail by the drink for consumption on the premises where
sold. No malt liquor/light wine shall be removed from the premises
where sold under a license issued pursuant to this Section.
B.
Fee. A license under the terms of this Section shall be
issued to all qualified applicants who have fully complied with the
provisions of this Chapter upon payment of an annual license fee of
fifty-two dollars fifty cents ($52.50).
C.
Restriction Of Number Of Licenses Available. There shall
be a limit on the number of licenses available under this Section
of one (1) license for each two thousand (2,000) inhabitants or fraction
thereof residing within the City as shown by the last decennial census
of the United States.
[Ord. No. 1511 §14, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A.
Scope. A license for the privilege of selling intoxicating
liquor of all kinds at retail by the drink for consumption on the
premises where sold. No intoxicating liquor shall be removed from
the premises where sold under a license issued pursuant to this Section.
B.
Fee. A license under the terms of this Section shall be
issued to all qualified applicants who have fully complied with the
provisions of this Chapter upon payment of an annual license fee of
three hundred dollars ($300.00).
C.
Restriction Of Number Of Licenses Available. There shall
be a limit on the number of licenses available under this Section
of one (1) license for each two thousand (2,000) inhabitants or fraction
thereof residing within the City as shown by the last decennial census
of the United States.
[Ord. No. 1759 §§8, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling intoxicating
liquor of all kinds at retail by the drink on Sunday for consumption
on the premises where sold. No intoxicating liquor shall be removed
from the premises where sold under a license issued pursuant to this
Section.
B.
Hours When Selling Permitted. A person licensed
to sell intoxicating liquors of all kinds by the drink for consumption
on the premises where sold on Sunday may only sell these intoxicating
liquors between the hours of 6:00 A.M. and 1:30 A.M. on Monday.
[Ord. No. 2070, 2-21-2023]
C.
Qualifications. As a prerequisite of the issuance of any license described in this Section, the applicant must be the holder of a current and valid license issued under Section 600.090 of this Chapter.
D.
Fees. A license under the terms of this Section
shall be issued to all qualified applicants who have fully complied
with the provisions of this Chapter upon payment of an annual license
fee of two hundred dollars ($200.00).
[Ord. No. 1511 §15, 5-16-2006; Ord. No. 1759 §§10, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling intoxicating
liquor of all kinds at retail by the drink for consumption on the
premises of the restaurant bar or transient guest accommodations where
sold. No intoxicating liquor shall be removed from the premises where
sold under a license issued pursuant to this Section.
B.
Qualifications.
1.
Transient guest accommodations. The applicant
for a license for transient guest accommodations under this Section
must be operating an establishment having at least forty (40) rooms
for the overnight accommodations of transient guests.
2.
Existing restaurant bars. The applicant for
a license for an existing restaurant bar must be operating an 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
sales of prepared meals or food consumed on the premises, or which
has an annual gross income of at least two hundred thousand dollars
($200,000.00) from the sale of prepared meals or food consumed on
the premises.
3.
Newly opened restaurant bars. Any restaurant
bars having been in operation less than ninety (90) days may be issued
a temporary license to sell intoxicating liquor of all kinds at retail
by the drink for consumption on the premises of that restaurant bar
where sold for a period not to exceed ninety (90) days, provided that
the restaurant bar can show a projection of annual business from prepared
meals or food consumed on the premises of at least fifty percent (50%)
of the total gross income of the restaurant bar for the year.
C.
Fees.
1.
A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license who have fully complied with the provisions of this Chapter upon payment of an annual license fee of two hundred dollars ($200.00) except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under Subsection (D) of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license who has complied fully with the provisions of this Chapter upon payment of a prorated license fee of one hundred seventy-five dollars ($175.00).
2.
A temporary license under the terms of this Section shall be
issued to all qualified applicants for a temporary license who have
fully complied with the provisions of this Chapter upon payment of
a temporary license fee of seventy-five dollars ($75.00).
D.
Transition From Temporary To Permanent License. Thirty (30) days prior to the date of expiration of the temporary license described in Subsection (B)(3) of this Section, the temporary licensee may submit an application for a permanent license as provided in this Chapter.
E.
Restriction Of Number Of Licenses Available. There
shall be no limit on the number of licenses available under this Section.
[Ord. No. 1511 §16, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A.
Scope. A license for the privilege of selling intoxicating
liquor of all kinds at retail by the drink for consumption on the
premises of the amusement place where sold. No intoxicating liquor
shall be removed from the premises where sold under a license issued
pursuant to this Section.
B.
Qualifications.
1.
Existing amusement places. The applicant must be operating an amusement place as defined in Section 600.010 of this Chapter which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) are in sales of non-alcohol items.
2.
Newly-opened amusement places. Any amusement place
having been in operation less than ninety (90) days may be issued
a temporary license to sell intoxicating liquor of all kinds at retail
by the drink for consumption on the premises of the restaurant bar
where sold for a period not to exceed ninety (90) days, provided that
the amusement place can show a projection of gross receipts of at
least one hundred thousand dollars ($100,000.00) of which at least
fifty thousand dollars ($50,000.00) are in sales of non-alcohol items
for the first (1st) year of operation.
3.
Proof of gross receipts. The Board of Aldermen may
demand proof of such gross receipts in whatever manner deemed appropriate
to determine whether an applicant meets the qualifications for a license
under this Section.
C.
Fees.
1.
A permanent license under the terms of this Section shall be issued
to all qualified applicants for a permanent license who have fully
complied with the provisions of this Chapter upon payment of an annual
license fee of two hundred dollars ($200.00), except where the permanent
license is being issued with regard to a transition from a temporary
to a permanent license under Subsection (E) of this Section, in which
case a permanent license shall be issued to a qualified applicant
for a permanent license who has complied fully with the provisions
of this Chapter upon payment of a prorated license fee of one hundred
seventy-five dollars ($175.00).
2.
A temporary license under the terms of this Section shall be issued
to all qualified applicants for a temporary license who have fully
complied with the provisions of this Chapter upon payment of a temporary
license fee of seventy-five dollars ($75.00).
D.
Restriction Of Number Of Licenses Available. There shall
be no limit on the number of licenses available under this Section.
[Ord. No. 1511 §18, 5-16-2006; Ord. No. 1759 §§11, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling intoxicating
liquor of all kinds at retail by the drink on Sunday for consumption
on the premises of the restaurant bars, transient guest accommodations,
amusement places or places of entertainment where sold. No intoxicating
liquor shall be removed from the premises where sold under a license
issued pursuant to this Section.
B.
Hours When Selling Permitted. A person licensed
to sell intoxicating liquors of all kinds by the drink for consumption
on the premises of the restaurant bars or transient guest accommodations
where sold on Sunday may only sell these intoxicating liquors between
the hours of 6:00 A.M. and 1:30 A.M. on Monday.
[Ord. No. 2070, 2-21-2023]
D.
Fees.
1.
A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license who have fully complied with the provisions of this Chapter upon payment of an annual license fee of one hundred dollars ($100.00), except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under the provisions of Subsection (E) of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license who has complied fully with the provisions of this Chapter upon payment of a prorated license fee of seventy-five dollars ($75.00).
2.
A temporary license under the terms of this Section shall be
issued to all qualified applicants for a temporary license who have
fully complied with the provisions of this Chapter upon payment of
a temporary license fee of twenty-five dollars ($25.00).
E.
Transition From Temporary To Permanent License. Thirty (30) days prior to the date of expiration of the temporary license described in Subsection (D)(2) of this Section, the temporary licensee may submit an application for a permanent license as provided in this Chapter.
F.
Restriction Of Number Of Licenses Available. There
shall be no limit on the number of licenses available under this Section.
[Ord. No. 1759 §§12, 21, 1-7-2013]
A.
Any person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a table tap dispensing system to
allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed (32) thirty-two ounces
per patron per authorization, to be dispensed by the table tap dispensing
system.
B.
No provision of law or rule or regulation of the Director of Liquor
Control shall be interpreted to allow any wholesaler, distributor,
or manufacturer of intoxicating liquor to furnish table tap dispensing
or cooling equipment or provide services for the maintenance, sanitation,
or repair of table tap dispensing systems.
[Ord. No. 1511 §19, 5-16-2006; Ord. No. 1759 §§13, 21, 1-7-2013]
A.
Scope. A license for the privilege of selling and/or
serving intoxicating liquor of all kinds at retail by the drink for
consumption on the premises at a particular function, occasion or
event at a particular location other than the licensed premises; or
selling of intoxicating liquor or malt liquor and light wine in the
original package for consumption off the licensed premises. No intoxicating
liquor sold under a license issued pursuant to this Section shall
be removed from the premises where sold. A license issued pursuant
to this Section shall be either a Type A license or a Type B license.
A Type A license shall be effective for a maximum of fifty (50) days
during any year. A Type B license shall be effective for an unlimited
number of functions during any year. For the purposes of this Section,
a year shall be measured from July 1 to June 30 of the succeeding
year.
B.
Qualifications. In addition to all other requirements
of this Chapter, an applicant for a license issued under this Section
must be in possession of a current and valid license to sell intoxicating
liquor at retail by the drink for consumption on the premises or malt
liquor original package license pursuant to the provisions of this
Chapter.
C.
Fee. A license under the terms of this Section shall
be issued to all qualified applicants who have fully complied with
the provisions of this Chapter upon payment of an annual license fee
of seventy-five dollars ($75.00) for a Type A license or one hundred
fifty dollars ($150.00) for a Type B license.
D.
Restriction Of Number Of Licenses Available. There
shall be no limit on the number of licenses available under the terms
of this Section.
E.
Hours Of Operation. A person issued a license under
this Section is authorized to serve intoxicating liquors of all kinds
at a function, occasion or event during the hours at which intoxicating
liquors of all kinds may lawfully be sold and/or served upon premises
licensed to sell intoxicating liquors of all kinds for on-premises
consumption or in the original package for consumption off the licensed
premises and who is licensed to sell intoxicating liquors of all kinds
for on-premises consumption or licensed to sell malt liquor/light
wine in the original package.
F.
Reporting Requirements. A person issued a license
under this Section shall report to the City Clerk the location of
each function, occasion or event three (3) business days in advance.
The report shall be in writing on a form provided by the City and
shall include, at a minimum, permission from the owner of the property
where the function, occasion or event will be held, a description
of the premises and the date or dates the function will be held.
G.
Delivery. Notwithstanding any other provision of
this Chapter to the contrary and according to Section 311.486.5, RSMo.,
any person who possesses a valid license under this Section may deliver
alcoholic beverage in the course of his or her catering business.
[Ord. No. 1511 §20, 5-16-2006; Ord. No. 1759 §§14, 21, 1-7-2013]
A.
Scope. Notwithstanding any other provision of this
Chapter and pursuant to Section 311.482, RSMo., the City Clerk may
issue a permit for the sale of intoxicating liquor for consumption
on the premises where sold to any church, school, civic, service,
fraternal, veteran, political or charitable club or organization for
sale at a picnic, bazaar, fair or similar gathering. A permit issued
under this Section shall be issued only for the day or days named
therein, and it shall not authorize the sale of intoxicating liquor
for more than seven (7) days by any club or organization.
B.
Hours When Selling Permitted. A club or organization possessing a valid temporary permit issued pursuant to this Section may sell intoxicating liquor during the times set forth in Section 600.040(A) of this Chapter. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day, beginning at 6:30 A.M.
[Ord. No. 2070, 2-21-2023]
C.
Notice Required. At the time an applicant applies
for a temporary permit under this Section, the applicant shall notify
the Missouri Director of Revenue of the holding of the event as provided
in Section 311.482.3, RSMo.
D.
Fee. A temporary permit issued under the terms of
this Section shall be issued to all qualified applicants upon payment
of a permit fee of thirty-seven dollars fifty cents ($37.50).
E.
No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler or distributor from providing customary
storage, cooling or dispensing equipment for use by the permit holder
at the event described in the permit.
[Ord. No. 1511 §21, 5-16-2006; Ord. No. 1759 §§15, 21, 1-7-2013]
A.
Filing Of An Application. Each application for an
original or renewal license shall be filed with the City Clerk on
a form to be provided by the City, signed and sworn to by the applicant.
Applications for renewal of licenses must be filed on or before the
first day of May of each year. Each application shall be accompanied
by a proper remittance reflecting the appropriate license fee made
payable to the City. In the event the application is withdrawn prior
to the hearing, or if the Board of Aldermen denies the application,
the City Clerk shall refund the license fee to the applicant within
a reasonable time, not to exceed thirty (30) days.
B.
Applications By Corporations. Corporate applicants
shall state the full name of the corporation, its date of incorporation
and whether the corporation operates any other business or controls,
or is controlled by, any other corporation or business, its registered
agent and registered address and the location of all businesses operated
by it and the name and address of businesses operated by it which
possess a liquor license, whether within or without the City. Corporate
applicants shall also state if its controlling corporation or a corporation
controlled by it is doing business under a fictitious name and the
address where the fictitiously named business is located.
C.
Additional Information. The Board of Aldermen may
request any additional information of an applicant as the Board deems
necessary for it to make a determination with respect to the issuance
of a liquor license according to this Chapter.
D.
Date For Hearing, Consideration By The Board. Upon the filing of a completed application for an original license with the City Clerk, the Clerk shall fix a date for a hearing before the Board of Aldermen not more than thirty-one (31) days from the date the completed application was filed. The City Clerk shall provide the applicant with written notice of the date and time of the hearing. Except as provided in Section 600.180 of this Chapter, the Board of Aldermen shall consider an application for license renewal within thirty-one (31) days of the filing of a completed application.
[Ord. No. 1511 §22, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A.
The
Board of Aldermen shall consider the application for original or renewal
license, together with any applicable report or recommendation of
the City staff, the testimony provided at any applicable hearing and
may approve an application by a majority vote of the full Board of
Aldermen if it finds that:
1.
The location of the proposed business for which a license is sought,
with respect to its proximity to a school, church, public park, playground
and other places of the character, would be in the best interests
of the locality of the business seeking the license;
2.
The applicant meets all of the applicable qualifications and requirements
for the issuance of a license as set forth in this Chapter;
3.
The applicant is in compliance and plans and proposes to conduct
a retail liquor business in compliance with the laws of the State
of Missouri, the ordinances of the City and the provisions of this
Chapter.
B.
A hearing
upon an application for license renewal is not required, unless:
1.
Requested, in writing, by applicant at the time the completed application
is filed with the City Clerk; or
2.
Before twenty-four (24) hours prior to the time of the meeting at
which the Board of Aldermen is scheduled to consider an application
for license renewal, any person residing or legally conducting business
within two hundred (200) feet of the applicant's place of business
files a written protest against the renewal of the applicant's license.
C.
In
the event that the Board of Aldermen denies an application for license
renewal for which no hearing was held, the applicant may, within ten
(10) days, file with the City Clerk a written request for reconsideration
at a hearing by the Board at its next regularly scheduled meeting.
The Board of Aldermen shall liberally grant such request for rehearing.
[Ord. No. 1511 §23, 5-16-2006; Ord. No. 1759 §§16, 21, 1-7-2013]
Upon approval by the Board of Aldermen of any application for
a license under this Chapter, the City Clerk shall issue the applicant
the applicable license for a term to expire the 30th day of June next
succeeding the date of issuance of the license, unless the license
is revoked or suspended for cause before the expiration of the license
term.
[Ord. No. 1511 §24, 5-16-2006; Ord. No. 1759 §§17, 21, 1-7-2013]
A.
Suspension Or Revocation Of License - When - Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board no less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, United States mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.220 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license
may be suspended or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter or Chapter
311, RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor
of Liquor Control;
3.
Making a false affidavit in an application for a license under
this Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting
the consumption on the licensed premises of any kind of intoxicating
liquors, the sale, possession or consumption of which is not authorized
under the license;
6.
Selling, offering for sale, possessing or knowingly permitting
the consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years;
b.
Any person during unauthorized hours on the licensed premises;
c.
A habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor; or
d.
Any person on the licensed premises during a term of suspension
as ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall
be revoked automatically if the licensee's State liquor license is
revoked or if the licensee is convicted in any court of any violation
of Chapter 311, RSMo., or of any felony violation of Chapter 195,
RSMo., in the course of business. A license shall be suspended automatically
if the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall
have been suspended by order of the Board shall sell or give away
any intoxicating liquor or non-intoxicating beer during the time such
suspension is in effect. Any licensee desiring to keep premises open
for the sale of food or merchandise during the period of suspension
shall display the Board's order of suspension in a conspicuous place
on the premises so that all persons visiting the premises may readily
see the same.
[Ord. No. 1511 §25, 5-16-2006; Ord. No. 1759 §§18, 21, 1-7-2013]
A.
Testimony - Evidence. Hearings before the Board
shall be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses - How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
duces tecum requiring the production of documents or other items pertaining
to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall
testify in any such hearing, he/she shall be sworn by the City Clerk
to tell the truth and nothing but the truth.
D.
Decision - Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.210 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a
decision of the Board may appeal such decision to the Circuit Court
as provided in Chapter 536, RSMo., provided such appeal is filed within
ten (10) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[Ord. No. 1511 §26, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
Any druggist may have in his or her possession intoxicating
liquor purchased by him or her from a licensed vendor under a license
pursuant to State law or intoxicating liquor lawfully acquired at
the place of acquisition and legally transported into this State and
lawfully inspected, gauged and labeled as provided by State law; such
intoxicating liquor to be used in connection with the business of
a druggist in compounding medicines or as a solvent or preservant;
provided that nothing in this Chapter shall prevent a regularly licensed
druggist, after he or she procures a license therefor, from selling
intoxicating liquor in the original package, but not to be drunk or
the packages opened on the premises where sold; and provided further,
that nothing in this Chapter shall be construed as limiting the right
of a physician to prescribe intoxicating liquor in accordance with
his or her professional judgment for any patient at any time or prevent
a druggist from selling intoxicating liquor to a person on prescription
from a regularly licensed physician as above provided.
[Ord. No. 1511 §27, 5-16-2006; Ord. No. 1537 §2, 9-5-2006; Ord.
No. 1759 §§19, 21, 1-7-2013]
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle
Liquor Or Beer, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for and sack for carry-out intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employees any person under the age of twenty-one (21)
years, as authorized by this Subsection, shall, when at least fifty
percent (50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
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 in places of business which sell food for consumption
on the premises if at least fifty percent (50%) of all sales in those
places consist of food; provided that nothing in this Section shall
authorize persons under twenty-one (21) years of age to mix or serve
across the bar intoxicating beverages.
B.
Sales To Minor - Exceptions. No licensee, his/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 such 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 while serving in the capacity as an employee of
a licensed establishment.
C.
Misrepresentation Of Age By Minor To Obtain Liquor - Use
Of Altered Driver's License, Passport Or Identity Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor. Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession any intoxicating liquor as defined in Section 600.010 or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section. For purposes of prosecution under this Section, 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.
[Ord. No. 1511 §28, 5-16-2006; Ord. No. 1759 §§20 —
21, 1-7-2013]
A.
Unlawful For Licensed Retailer To Purchase From Other Than
Licensed Wholesaler.
1.
It shall be unlawful for any licensee to purchase any intoxicating
liquor except from, by or through a duly licensed wholesale liquor
dealer in this State. It shall be unlawful for such retail liquor
dealer to sell or offer for sale any intoxicating liquor purchased
in violation of the provisions of this Section.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor with an alcohol content of less than
five percent (5%) by weight to the consumer in an original carton
received from the wholesaler that has been mutilated, torn apart or
cut apart; or
b.
Repackage intoxicating liquor with an alcohol content of less
than five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
B.
Mixing Liquor With Drugs Prohibited. No licensee
or any other person shall for any purpose whatsoever mix or permit
or cause to be mixed with any intoxicating liquor kept for sale, sold
or supplied by him/her as a beverage any drug or form of methyl alcohol
or impure form of alcohol.
C.
Unlawful To Sell Unlabeled Liquor - Penalty. It
shall be unlawful for any person to sell any intoxicating liquor which
has not been inspected and labeled according to the provisions of
the Liquor Control Law of Missouri and any such person, upon conviction,
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
D.
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
E.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
F.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall
mean any public street, highway, alley, sidewalk, thoroughfare or
other public way of the City, or any parking lot or City park.
2.
No person shall drink or ingest any intoxicating liquor in or
on any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked on, standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
G.
Live Entertainment On Premises Prohibited. No person
licensed for the sale of intoxicating liquor by the drink for consumption
on the premises shall permit or allow any live entertainment on the
premises. The playing and singing of music solely shall not be considered
entertainment under this Section.
H.
Lewd Acts Prohibited. Certain acts prohibited in
premises licensed to sell at retail intoxicating liquor, wine or beer.
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 which 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 programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
[Ord. No. 1511 §29, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
Any person violating any of the provisions of this Chapter shall
upon conviction be punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for a term not exceeding ninety
(90) days, or by both such fine and imprisonment.
