When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business 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.
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
COMMON EATING AND DRINKING AREA
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor, where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas or otherwise, and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume, except for non-intoxicating beer
as defined herein. All beverages having an alcoholic content of less
than one-half of one percent (0.5%) by volume shall be exempt from
the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol 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.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt, or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
RESTAURANT BAR
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 thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
SALE BY THE DRINK
Sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[Ord. No. 640 §2, 12-15-2008]
A. The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1. General licenses.
a. Malt liquor — original package: $22.50.
b. Non-intoxicating beer — original package: $22.50.
c. Intoxicating liquor (all kinds) — original package: $150.00.
d. Malt liquor and light wines — by drink: $52.50.
e. Non-intoxicating beer — by drink: $37.50.
f. Intoxicating liquor (all kinds) — by drink: $450.00.
g. Common eating and drinking places: $450.00.
2. Sunday sales. (Additional fees)
a. Intoxicating liquor — original package: $300.00.
b. Restaurant bars: $300.00.
c. Amusement places: $300.00.
d. Common eating and drinking places: $300.00.
e. Liquor by the drink — charitable organizations: $300.00.
f.
Malt liquor and light wines — by drink: $75.00.
[Ord. No. 879 § 1, 6-5-2017]
3. Permits.
a. Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
b. Tasting Permit: $56.00.
[Ord. No. 915, 6-4-2018]
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Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July first (1st).
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[Ord. No. 911, 5-21-2018]
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. Each application shall
be accompanied by a proper remittance reflecting the appropriate license
fee made payable to the City.
B. Qualifications.
Neither the applicant nor any officer, director or shareholder of
a corporate applicant shall have been convicted of a felony or of
any distribution, sale or possession of any controlled substances
or dangerous drugs. The applicant shall present with the application
a bona fide sale contract or option duly executed, which may be subject
to the applicant obtaining a liquor license, or a bona fide lease
duly executed by the lessor, or an option for a lease duly executed,
subject to the applicant obtaining a liquor license, covering the
property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business, and if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The City Clerk may request such additional information
as the Clerk may deem necessary or appropriate in determining whether
or not an application should be granted or denied.
C. Review
Of Application. Upon the submission of an application to the City,
the City Clerk shall review the application and all documents filed
therewith and approve or deny the application in accordance with the
following:
1. Qualifications. The applicant meets the qualifications set forth in Subsection
(B) above.
2. The City Clerk shall not approve the issuance of a license if in
the opinion of the Clerk extraordinary or unusual circumstances exist
which would result in detrimental harm to the surrounding community.
In such a circumstance, the matter shall be referred to the Board
of Aldermen for its determination.
3. The City Clerk shall approve the application and issue a license
if after said application is reviewed it is found that:
a. The applicant is a person of good moral character, a native born
or naturalized citizen of the United States of America, with no delinquent
taxes;
b. No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
c. The applicant has not been convicted since the ratification of the
Twenty-First Amendment to the Constitution of the United States of
the violation of any law applicable to the sale of intoxicating liquor,
or that such applicant has not employed in his/her business any person
whose license has been revoked or who has been convicted of violating
the provisions of such law since the date aforesaid;
d. The applicant 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.
D. Upon
approval of any application for a license the Clerk shall grant the
applicant a license to conduct business in the City for a term to
expire with the thirtieth (30th) day of June next succeeding the date
of such license, unless such license be revoked or suspended for cause
before the expiration of such time.
E. Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. The City Clerk shall review such
renewal applications in accordance with the provisions of this Chapter
and all other ordinances of the City which may affect any such renewal
application. Upon being satisfied that the renewal application is
proper and in order and upon payment of the appropriate license fee,
the Clerk shall renew the license.
[Ord. No. 151 §2, 5-4-1982]
A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. 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.
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. Off-Premises Consumption.
1. No licensee shall sell intoxicating liquor at retail in the original
package, not to be consumed on the premises where sold, in any original
package containing less than fifty (50) milliliters.
2. No licensee shall permit any person to remove from the licensed premises
any intoxicating liquor or non-intoxicating beer in any unsealed glass,
bottle, can or other open container of any type.
3. All licensees shall post a notice at each exit of the premises which
is used by customers or patrons that "NO ALCOHOLIC BEVERAGES MAY BE
CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING".
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor Or Non-Intoxicating Beer. It shall be unlawful for
any licensee, or his/her employee or agent, to sell or supply intoxicating
liquor or non-intoxicating beer, 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.
G. 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.
2. No person shall drink or ingest any intoxicating liquor or non-intoxicating
beer in or on any public place nor shall any person sell, give away,
offer to sell or give away, possess or consume any intoxicating liquor
or beverage or drink containing alcohol in any public park or upon
lands held by the City for park purposes.
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 or non-intoxicating beer 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 or non-intoxicating beer while within or on
any motor vehicle while the same is being operated upon, or parked
or 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.
H. 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.
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.