[Ord. No. 737 §1, 6-1-1971]
It is hereby declared to be unlawful for any person, firm, partnership,
association or corporation, whether by itself or through the use of
agents or servants, to engage in the manufacture, brewing, sale or
distribution of intoxicating liquor, or non-intoxicating beer, without
first having taken out and obtained a license authorizing such in
compliance with the terms of this Chapter.
[Ord. No. 746 §2, 12-21-1971]
Said license to be issued shall be for a period of one (1) year
from June thirtieth (30th) of each year. Where license is applied
for and issued during any other time from June thirtieth (30th) then
said license fee shall be pro-rated through the month of June from
the date the license is applied for and issued. Thereafter, all renewals
for said licenses shall be issued for an annual period on June thirtieth
(30th) of each year.
[Ord. No. 93-17 §1, 7-6-1993; Ord. No. 95-02 §1, 1-17-1995; Ord. No. 03-37 §§1 — 2, 11-18-2003; Ord. No. 05-05 §§1
— 3, 5-3-2005; Ord.
No. 10-15 §1, 6-21-2011]
A. The
license fees specified herein are imposed annually and the limit of
the number of licenses to be issued and the fees to be paid are as
follows:
1. For a permit authorizing the sale of non-intoxicating beer for consumption
on premises where sold, twenty-five dollars ($25.00).
2. For a permit authorizing the sale of non-intoxicating beer by grocers
and other merchants and dealers, for sale in the original package
direct to consumers, but not for resale, fifteen dollars ($15.00).
3. Retailer of malt liquor by the drink not in excess of five
percent (5%) alcohol by weight, on or off the premises.
a. Fee. Fifty-one dollars ($51.00). Retailers selling
intoxicating malt liquor by the drink, with an alcoholic content of
more than three and two-tenths percent (3.2%) of alcohol, in the original
package, and/or for consumption on or off the premises, shall be issued
a license upon proper application as set forth in this Chapter, upon
the payment of fifty-one dollars ($51.00) to the City Collector.
4. Retailers of malt liquor not in excess of five percent (5%)
alcoholic content by weight, original package.
a. Fee. Seventy-five dollars ($75.00). Retailers selling
intoxicating malt liquor with an alcoholic content of more than three
and two-tenths percent (3.2%) by weight, and not more than five percent
(5%) by weight, in the original package, direct to the consumer, and
not for the consumption on the premises where sold, shall be issued
a license upon proper application set forth in this Chapter, and full
compliance with the provisions of this Chapter, upon the payment of
seventy-five dollars ($75.00) to the City Collector of taxes.
b. The phrase "original package", as used herein, shall
be construed and held to refer to any package containing three (3)
or more standard bottles of beer, and this license shall permit the
licensee thereof to sell non-intoxicating beer in the original package
direct to the consumer, but not for resale.
c. Notwithstanding any other provision of this Section, any person licensed
pursuant subject to this Section may also sell malt liquor not in
excess of five percent (5%) at retail between the hours of 9:00 A.M.
and Midnight on Sunday.
5. Retailers of intoxicating liquors in excess of five percent
(5%) — original package.
a. Fee. One hundred fifty dollars ($150.00). Retailers
selling intoxicating liquors containing alcohol in excess of five
percent (5%) of alcohol, by weight, in the original package, not to
be opened or consumed on the premises where sold, shall be issued
a license upon proper application and qualification as set forth under
the provision of this Chapter, and upon the payment of one hundred
fifty dollars ($150.00) to the City Collector of taxes.
b. Under this classification, there shall be no restriction as to the
number of licenses based upon the population of the City of Albany,
Missouri.
(1)
The license to be issued under this paragraph includes the privilege
of selling malt liquor and non-intoxicating beer in the original package.
(2)
Provided that no license shall be issued for the sale of intoxicating
liquor containing more than five percent (5%) alcohol by weight not
to be consumed on the premises where sold, except to a person engaged
in and to be used in connection with the operation of one (1) or more
of the following businesses: A drug store, a cigar and tobacco store,
a confectionery or a delicatessen store, a grocery store, a general
merchandise store, nor shall a license be issued to any person who
does not have, and keeps in his 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. Notwithstanding any other provision of this Section, any person licensed
pursuant to this Section may also sell intoxicating liquors in excess
of five percent (5%) at retail between the hours of 9:00 A.M. and
Midnight on Sunday.
6. Retailers of intoxicating liquor in excess of five percent
(5%) by the drink — original package.
a. Fee. Four hundred dollars ($400.00). Retailers selling
intoxicating liquor with an alcoholic content of more than five percent
(5%) by weight, for consumption on the premises where sold, shall
be issued a license upon proper application set forth in this Chapter
and full compliance with the provisions of this Chapter, and upon
the payment of four hundred dollars ($400.00) to the City Collector
of taxes.
b. The license issued under this Subsection
(6) includes the right of sale in the original package, provided such original package shall not be opened, and the contents thereof consumed on the premises where sold, and shall include the right to sell intoxicating liquor with an alcoholic content of five percent (5%) or less by weight, by the drink or in the original package.
7. Retailers of intoxicating liquor in excess of five percent
(5%) by the drink — original package — restaurant bar.
a. Fee. Four hundred dollars ($400.00). Retailers selling
intoxicating liquor with an alcoholic content of more than five percent
(5%) by weight for consumption on the premises where sold, who in
addition have obtained from the State Supervisor of Liquor Control
a license to sell intoxicating liquor between the hours of 9:00 A.M.
on Sunday and 12:00 Midnight on Sunday, as a "restaurant bar", as
defined in Section 311.097, RSMo., shall be issued a license upon
proper application set forth in this Chapter and full compliance with
the provisions of this Chapter and upon the payment of four hundred
dollars ($400.00) to the City Collector of taxes.
b. At such time as any retailer holding a license issued under the classification described in Subsection
(6) of this Section shall be issued a "restaurant bar" license for Sunday sale as prescribed by State Statutes, then such retailer, upon receipt from the State Supervisor of Liquor Control of such license, shall be deemed to be a "restaurant bar" license holder under the provisions of this Subparagraph, except that, if the limitation of licenses has been reached, then no further "restaurant bar" licenses may be issued under this category.
c. The license issued under this Subsection
(7) includes the right of sale in the original package, when permitted by State law, provided such original package shall not be opened, and the contents thereof consumed on the premises where sold, and shall include the right to sell intoxicating liquor with an alcoholic content of five percent (5%) or less by weight, by the drink or in the original package.
(1)
It is the intent of this Subsection
(7) to create three (3) additional licenses for the sale of intoxicating liquors and no more. In the event that a holder of a license issued under Subsection
(6) above obtains a "restaurant bar" license from the State Supervisor of Liquor Control, at a time when there are no further City licenses available in the "restaurant bar" category as delineated in this Subsection
(7), then that license holder shall not operate as a restaurant bar.
(2)
Subparagraph (1) above, and the population limitation notwithstanding, in the event that it is determined that State Law supersedes City ordinance and that the holder of a license issued under Subsection
(6) of this Section is permitted to operate as a "restaurant bar", then it shall operate, for all other intents and purposes, as if the license holder were under Subsection
(6) and for purposes of determining the number of available licenses, shall be so counted.
8. Sunday retailers of intoxicating liquors in excess of five
percent (5%) — original package. (This license is a
license separate and apart from any other license permissible.) Retailers
selling intoxicating liquors containing alcohol in excess of five
percent (5%) of alcohol by weight in the original package at retail
between the hours of 9:00 A.M. and 12:00 Midnight on Sundays, not
to be opened or consumed on the premises where sold, shall be issued
a license upon proper application and qualifications as set forth
under the provisions of this Subsection and upon the payment of one
hundred fifty dollars ($150.00) to the City Collector of taxes.
a. The license to be issued under this paragraph shall include the privilege
of selling malt liquor and non-intoxicating beer in the original package.
b. Provided that no license shall be issued for the sale of intoxicating
liquor containing more than five percent (5%) alcohol by weight not
to be consumed on the premises where sold, except to a person engaged
in and to be used in connection with the operation of one (1) or more
of the following businesses: A drug store, cigar and tobacco store,
a confectionery and/or a delicatessen store, a grocery store, a general
merchandise store, nor shall a license be issued to any person who
does not have, and keeps in his 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.
9. Additional license fees. The following license fee
or tax shall be paid to the City Collector of the City of Albany,
Missouri, by any person who is a manufacturer, distiller, brewer,
wholesaler or retailer of intoxicating liquors, or non-intoxicating
beers within the corporate limits of the City of Albany, Missouri:
a. Manufacturers and brewers of malt liquor containing not in excess
of five percent (5%) of alcohol by weight, the sum of two hundred
dollars ($200.00) per year.
b. Manufacturers of intoxicating liquor containing not in excess of
twenty-two percent (22%) of alcohol by weight, the sum of one hundred
dollars ($100.00) per year.
c. Manufacturing, distilling or blending of intoxicating liquors of
all kinds, two hundred dollars ($200.00) per year.
d. Selling to duly licensed wholesalers and soliciting orders for the
sale of malt liquor containing not in excess of five percent (5%)
of alcohol by weight to, by or through a duly licensed wholesaler,
the sum of fifty dollars ($50.00) per year.
e. Selling to duly licensed wholesalers and soliciting orders for the
sale of intoxicating liquors containing not in excess of twenty-two
percent (22%) of alcohol by weight to, by or through a duly licensed
wholesaler, the sum of one hundred dollars ($100.00) per year.
f. Selling to duly licensed wholesalers and soliciting orders for the
sale of intoxicating liquors of all kinds to, by or through a duly
licensed wholesaler, the sum of two hundred fifty dollars ($250.00)
per year.
g. Selling intoxicating liquor containing not in excess of five percent
(5%) of alcohol by weight by a wholesaler to a person duly licensed
to sell malt liquor at retail, the sum of fifty dollars ($50.00) per
year.
h. Selling intoxicating liquors containing not in excess of twenty-two
percent (22%) of alcohol by weight by a wholesaler to a person duly
licensed to sell such intoxicating liquors at retail, the sum of one
hundred dollars ($100.00) per year.
i. Selling intoxicating liquors of all kinds by a wholesaler to a person
duly licensed to sell such intoxicating liquors at retail, the sum
of two hundred fifty dollars ($250.00) per year.
j. For the sale by any distributor or wholesaler, other than the manufacturer
or brewer thereof, of non-intoxicating beer, seventy-five dollars
($75.00) per year.
k. For the sale to duly licensed wholesalers and soliciting orders for
the sale of non-intoxicating beer, seventy-five dollars ($75.00) per
year.
10.
Except for any establishment that may apply for a license under
Section 311.089, RSMo., any person possessing the qualifications and
meeting the requirements of this Chapter, who is licensed to sell
intoxicating liquor at retail, may apply to the Board of Aldermen
for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and 12:00 Midnight on Sundays. A licensee under
this Section shall pay to the City Clerk an additional fee of twenty-five
dollars ($25.00) a year payable at the same time and in the same manner
as its other license fees.
[Ord. No. 13-17 §1, 8-20-2013]
[Ord. No. 737 §15, 6-1-1971; Ord. No. 98-17 §1, 5-5-1998; Ord.
No. 01-13 §1, 5-15-2001]
A. All
applications for license under the provisions of this Article shall
be made in writing on proper forms to the Board of Aldermen and may
be in letter form provided detailed information is given as to applicant,
employee, location, business, type of license to be requested etc.,
and shall state specifically whether the license is for a distiller,
brewer, wholesaler, distributor, and in the case of retailers license,
shall state the alcoholic content of the liquor to be sold under said
license, and whether said license is issued for consumption on the
premises, or whether said license issued is for both, the sale in
the original package and for consumption on or off the premises where
sold.
B. All
such applications shall state the name and address of the applicant
or if the applicant is a firm, partnership, or association, all of
the names and addresses of all the officers, the Board of Directors,
and all of the stockholders of the corporation and shall describe
the premises which the license is applied for shall cover, and, when
required by this Article, shall be accompanied by an inventory and
valuation at cost prices of goods other than intoxicating liquor at
the proposed place of business.
C. No
license shall be granted at the same meeting of the Board of Aldermen
at which the application is first presented.
1. All liquor licenses shall expire at the close of business on June
thirtieth (30th) of each year and shall be renewable as of July first
(1st) of each year, regardless of the date of issue during the course
of that fiscal year.
2. All applications for renewal of existing licenses shall be submitted in the form prescribed by this Section on or before May first (1st) of each year. Upon presentation of an application to the Board of Aldermen, with its consent and approval, a letter of intent shall be issued to the renewal applicant stating that it is the intent of the Board of Aldermen to issue a liquor license upon the granting of such license by the State of Missouri, and upon the determination by the Board of Aldermen that the provisions of Section
600.070 have been met.
3. In the event that an application is made during the course of the fiscal year, to be effective other than on July first (1st), then the application shall be presented to the Board of Aldermen and, with its consent and approval, a letter of intent shall be issued stating that it is the intent of the Board of Aldermen to issue a liquor license upon the granting of such license by the State of Missouri and upon the determination by the Board of Aldermen that the provisions of Section
600.070 have been met.
D. All
information called for in the form or forms to be provided by the
City Clerk or in the form of letter shall be fully given and signed
under oath by the applicant.
[Ord. No. 12-11 §1, 6-19-2012]
A. Upon receipt of application, the City Manager or City Clerk shall verify whether or not a temporary permit to cater, at retail, intoxicating liquor by the drink for consumption at a particular function, occasion or event at a particular location other than the licensed premises. Applicant shall either hold a current liquor by the drink license with the City of Albany pursuant to Section
600.050 or be a church, school, civic, service, fraternal, veteran, political, or charitable club or organization and must meet all qualifications herein at the time of application. Said application shall be received no less than fifteen (15) days prior to the last regularly scheduled Board of Aldermen meeting prior to the scheduled event. The application shall be presented to the Board of Aldermen, and with its consent and approval, such a temporary permit shall be issued to the applicant.
[Ord. No. 18-07, 5-22-2018]
B. The
temporary permit shall be effective for a period not to exceed seven
(7) consecutive days and shall authorize the service of alcoholic
beverages at such function, occasion or event during the hours at
which alcoholic beverages may be lawfully sold. For every permit issued,
a fee of ten dollars ($10.00) shall be paid for each calendar day
(12:00 A.M. to 11:59 P.M. = 1 day) for which the permit is issued.
C. An
applicant granted a permit for outdoor catering shall install temporary
fencing which designates the catered area to which the permit applies.
D. If
catering event is held on City property, a general liability policy
of insurance which names the City as an additional insured shall be
obtained by the applicant in an amount equal to the sovereign immunity
limits of the City as calculated pursuant to Section 537.610, RSMo.
(or its successor). A copy of which shall be provided to the City
Clerk prior to the time such permit is issued.
[Ord. No. 737 §14, 6-1-1971; Ord. No. 05-07 §1, 5-3-2005]
A. No
person shall be granted a license under this Chapter, unless such
person, is of good moral character and a qualified legal voter and
tax paying citizen of the State of Missouri, nor shall any corporation
be granted a license hereunder unless the managing officer of such
corporation has the above-mentioned qualifications; and no person
shall be granted a license or permit hereunder whose license as such
dealer has 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 liquor, or who employs in his business as
such dealer, any person whose license has been revoked, or who has
been convicted of violating the provisions of any such law since the
date aforesaid.
B. No
license shall be issued to any person who has been convicted of a
felony.
C. No
liquor license shall be issued to any applicant until all personal
property taxes, real estate taxes, licenses, taxes, fees and any other
special charges and assessments due the City from the applicant have
been paid in full. In the event any applicant is a corporation, limited
liability company, limited liability partnership or other entity authorized
and existing under the laws of the State of Missouri, then no liquor
license shall be granted to the applicant until any person owning
at least a ten percent (10%) interest in the entity to be licensed
shall have paid all such taxes and assessments in full.
[Ord. No. 650 Ch. 16 Art. 2 §22, 11-15-1960]
No license shall be issued, nor shall any existing license be
renewed for any person, or upon any premises, until each and every
provision of this Chapter shall have been complied with.
[Ord. No. 737 §16, 6-1-1971; Ord. No. 768 §1(3), 5-1-1973]
A. On
approval of the application by the Board of Aldermen, and payment
of the license tax herein provided, the Board of Aldermen, shall grant
the applicant a license to conduct business at the specified location
in the City for a period set forth in said license certificate. Every
license issued under the provisions of this Chapter shall set forth
the type of license granted, and shall particularly describe the premises
at which alcoholic liquor may be sold thereunder and such license
shall not be deemed to authorize or permit the sale of alcoholic liquor
at any place other than that described therein. No licensee under
the provisions of this Chapter shall be permitted to move the location
of said establishment as pertains to the alcoholic liquor, without
the express approval of the Board of Aldermen, nor shall any license
be issued unless the licensee is in present possession of the premises
described in his application, at the time the applicant's application
is presented to the Board of Aldermen.
1. The City of Albany Law Enforcement Officers, or any of the duly appointed
inspectors or agents, may inspect the premises of any licensee at
a reasonable time, without warrant, and the acceptance of the license
under this Chapter shall be construed as a waiver by the licensee
as a waiver of any constitutional provisions concerning search and
seizure.
2. Licenses granted under this Chapter shall be signed by the Mayor
and Clerk of the City, and countersigned by the City Collector, and
the Seal of the City shall be affixed by the City Clerk.
3. The granting of any license by the Board of Aldermen of the City
to any applicant shall be made at the sole discretion of said Board
and issuance of said license constitutes a privilege and not a right
of any proposed licensee application or renewal thereof. It shall
not be necessary for the Board of Aldermen to transmit or in any way
convey to any applicant or renewal applicant the reason for said refusal
to grant the license under this Chapter.
[Ord. No. 650 Ch. 16 Art. 2 §23, 1-15-1960]
Nothing in this Chapter shall be construed to relieve the licensee
of the burden of paying license fees as may be required by any other
ordinance of the City of Albany, Missouri, but rather the license
fees herein enumerated shall be in addition to any and all licenses
required by the terms of any other ordinance.
[Ord. No. 650 Ch. 16 Art. 2 §26, 11-15-1960]
No license as herein provided, shall be effective and no privileges
granted thereby shall be exercised by the licensee, unless and until
the said licensee shall have met each and every requirement of the
State of Missouri, as a condition precedent to entering into the business
or occupation, for which he has obtained said City license.
[Ord. No. 737 §9, 6-1-1971]
A. No
license under authority of this Chapter shall be transferred from
any person to another, nor shall said license be used at any place
except on the premises for which said license is issued, and a proper
license shall be procured for each place of business for which a State
license is required.
B. However,
when a licensee obtains a buyer or lessee for the establishment for
which license was issued, said buyer or lessee shall be given prior
consideration for a license provided said buyer or lessee meets the
qualifications set forth in this Chapter, pays the necessary fees,
and is approved for said license in accordance with the requirements
of this Chapter.
[Ord. No. 737 §20, 6-1-1971]
A. The
determination of the population of the City shall be on an annual
estimate of the City Zoning and Planning Department, submitted to
and approved by resolution by the Board of Aldermen and upon such
estimate the various licenses issued hereunder shall be determined.
The estimate of the population of the City of Albany for the purposes
of this Chapter shall be submitted to the Board of Aldermen on or
before each May first (1st) of each year by the City Zoning and Planning
Department.
B. Any
persons outside the limits of the City of Albany, in an area which
may be annexed by the City, shall be eligible to apply for a City
license within the classification existing at the time of annexation,
provided the population limitation is complied with.
[Ord. No. 737 §17, 6-1-1971]
A. The
Board of Aldermen may on hearing, suspend or revoke any license issued
under the provisions of this Chapter whenever a dealer licensed hereunder
has not at all times kept an orderly place or house, or has violated
any of the provisions of this Chapter, first having given such licensee
not less than ten (10) days' notice in writing of the application
to suspend or revoke his license prior to the order of suspension
or revocation issuing, which said notice shall contain the ground
or grounds for such suspension or revocation set out therein and which
notice shall command the licensee to be present at the regular meeting
or called meeting of the Board of Aldermen and show cause, if any,
why such license should not be suspended or revoked; provided that
such licensee shall have full right to be represented by counsel at
said hearing. Provided further, that such notice of suspension or
revocation hearing shall be served by a Police Officer, and may be
served upon the licensee by leaving a copy thereof with the licensee,
or any person or employee in charge of the place of business of said
licensee. Upon the suspension or revocation of any licensee, no license
fee paid shall be refunded to the licensee.
B. Every
licensee shall in addition to the requirements of this Chapter, comply
in every respect with all Federal liquor laws and with the Liquor
Control Act of the State of Missouri, and any violation thereof shall
be a valid reason for the suspension or revocation of any license
issued under this Chapter.