Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
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. 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 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.
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, 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 one (1) or
more standard bottles, cans or pouches 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.
The 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.
[R.O. 2012 §600.055; Ord. No. 80-11-3 §5-100, 12-1-1980]
A. It
shall be unlawful for the Liquor Control Officer to grant any license
for the sale of alcoholic beverages at retail to be consumed on the
premises in the City until fifty-one percent (51%) of the resident
property owners owning property within one hundred eighty-five (185)
feet of the boundaries of the property where the applicant intends
to sell such alcoholic beverages and fifty-one percent (51%) of the
tenants, if any, of said property, shall sign a petition asking such
license to be issued to the applicant in such block or square in the
City. Said petition shall be filed in the office of the Liquor Control
Officer before the application of the license is acted upon. All licenses
issued contrary to the provisions of this Section shall be void. Provided,
that no minor shall be counted for said petition or against said petition,
and no person to whom any real estate or other property has been deeded,
transferred, conveyed or donated, for the purpose of making him/her
or them eligible to sign said petition shall sign such petition.
B. After
a site or location has once been approved by the Liquor Control Officer
for the sale of alcoholic beverage by the drink, and a license issued
by the City for the same, it shall not be required in subsequent years
that applicants for a license to sell alcoholic beverage by-the-drink
at that site or location submit a petition of approval of property
owners or tenants.
[R.O. 2012 §600.080; Ord. No. 6549, 12-15-1975]
All new applications for licenses, under the provisions of this
Chapter, shall be presented to the City Council by the Liquor Control
Officer along with his/her recommendations. When new applications
are approved by the Council, or renewals are requested by licensees,
the Liquor Control Officer is hereby authorized and empowered to issue
licenses provided by this Chapter for the manufacture or sale of alcoholic
beverages, at wholesale or retail, and may issue such licenses to
applicants who have complied with the terms of this Chapter and have
paid the necessary license fee. Furthermore, the Liquor Control Officer
shall see that all regulations and provisions of this Chapter and
other ordinances of the City and the laws of the State regulating
alcoholic beverages are properly enforced. If a Liquor Control Officer
has not been appointed, the City Manager shall so act.
[R.O. 2012 §600.910; Ord. No. 6549, 12-15-1975; Ord. No.
99-12-14, 12-20-1999]
The City of Excelsior Springs appoints the Chief of Police of
the City of Excelsior Springs as the Liquor Control Officer.
[R.O. 2012 §600.270; Ord. No. 6549, 12-15-1975]
Application for license to manufacture or sell intoxicating
liquor, under the provisions of this Chapter, shall be made to the
Liquor Control Officer.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, 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.
[R.O. 2012 §600.430; Ord. No. 6549, 12-15-1975; Ord. No.
03-1-4, 1-21-2003]
A. Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession an intoxicating liquor as defined in Section
600.010 is guilty of an ordinance violation.
B. For purposes of this Section, possession shall mean either: is in possession or close proximity to a container that has or recently had liquor in it or by speech, manner, appearance, behavior, lack of coordination or otherwise exhibits that he or she is under the influence of any intoxicating liquor as defined in Section
600.010.
C. For
purposes of determining the alcoholic content of a person's blood
under this Section, any Law Enforcement Officer who has the power
to arrest may administer a chemical test of any person over sixteen
(16) years of age and less than twenty-one (21) years of age suspected
of a minor-in-possession violation.
D. For
purposes of prosecution under this Section, a manufacture-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 provide evidence
that there was not 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 in accordance
with Section 311.325, RSMo.
E. A minor
shall not be considered in possession if it can be shown that the
alcohol consumed was given for medicinal purposes by a parent, guardian,
physician or dentist, or such liquor was being used in connection
with religious services and the amount consumed is the minimal amount
necessary for the religious service.
[Ord. No. 15-07-04 §1, 7-6-2015]
A. 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.
B. Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.
C. It shall be a defense to prosecution under this Subsection if:
1.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
2.
The defendant sold the intoxicating liquor to the minor with
reasonable cause to believe that the minor was twenty-one (21) or
more years of age; and
3.
To purchase the intoxicating liquor, the person exhibited to
the defendant a driver's license, Missouri non-driver's
identification card, or other official or apparently official document,
containing a photograph of the minor and purporting to establish that
such minor was twenty-one (21) years of age and of the legal age for
consumption of intoxicating liquor.
[R.O. 2012 §600.435; Ord. No. 99-12-9 §§1 — 3, 12-20-1999]
A. Definitions. Unless the provisions explicitly state otherwise,
as used in this Chapter the following terms and phrases shall have
the meanings hereinafter designated:
ADULT
A person seventeen (17) years of age or older.
ALCOHOLIC BEVERAGE
Any alcoholic liquor as defined now and hereafter by the
Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined by Chapter 311.020 of the Revised Statutes of Missouri.
CONTROL
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
DRUG
A controlled substance as defined and described now or hereafter
by the Revised Statutes of Missouri. Currently, "controlled
substances" are defined and described by Sections 195.005
to 195.425 of the Revised Statutes of Missouri (Chapter 195).
MINOR
A person not legally permitted by reason of age to possess,
consume or purchase alcoholic liquor as described now or hereafter
by the Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering at a residence or premises of persons
in addition to the owner or those with rights of possession or their
immediate family members.
RESIDENCE or PREMISES
A motel room, hotel room, home, apartment, condominium, or
other dwelling unit, including the curtilage of a dwelling unit, or
a hall, meeting room, or other place of assembly, whether occupied
as a dwelling or specifically for social functions, and whether owned,
leased, rented, or used with or without compensation.
B. Prohibited Activities. No adult who owns, rents, leases
or subleases any residence or premises shall allow an open house party
to take place at the residence or premises if any alcoholic beverage
or drug is possessed or consumed at the residence or premises by any
minor where the adult knew or reasonably should have known that any
alcoholic beverage or drug was in the possession or being consumed
by a minor at the residence or premises and where the adult failed
to take reasonable steps to prevent the possession or consumption
of the alcoholic beverage or drug at the residence or premises.
1. The provisions of this Section shall not apply to:
a. The consumption, use or possession of a drug by a minor pursuant
to a lawful prescription for such drug.
b. Religious observance or prescribed medical treatments.
c. The possession by a minor of alcoholic beverages or lawfully prescribed
drugs incidental to the lawful employment of such minor.
C. Penalty. Any person violating any provision of this Section
shall be guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment for not more than ninety (90) days, or
by both such fine and imprisonment.
[Ord. No. 13-04-01, 4-1-2013]
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. Packaging, Labeling, Repackaging Prohibited, When. Any retailer
licensed pursuant to this Chapter shall not:
1. 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
2. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Where Possession — Consumption Prohibited — Exceptions.[Ord. No. 15-04-07, 4-20-2015]
1.
No person shall possess any open container of any alcoholic
beverage or alcoholic substance nor shall any person consume or drink
any alcoholic beverage or alcoholic substance, of any kind whatsoever,
in or upon any public property within the City of Excelsior Springs,
including but not limited to any public building, street, alley, sidewalk,
public lot, park, recreational facility or public facility, except
as provided for by a special use permit.
2.
No person shall possess any open container of any alcoholic
beverage or alcoholic substance, nor shall any person consume or drink
any alcoholic beverage or alcoholic substance, of any kind whatsoever,
upon or inside of any motor vehicle or motorized vehicle, or public
transportation within the City of Excelsior Springs, including but
not limited to an automobile, truck, bus, taxi, motor home, van, semi-truck,
homemade motor vehicle, tractor, all-terrain vehicle (ATV), golf cart,
motorcycle or motorized bicycle.
3.
Nothing in this Section shall be construed as to prohibit the
otherwise legal consumption of alcoholic beverages by passengers on
a motor bus having a rated seating capacity for ten (10) or more passengers
that has been chartered and is not being utilized for conveyance of
the general public, where the operation and control of such conveyance
is by a person not in possession of or with ready access to such alcoholic
beverage.
4.
Any person violating any provision of this Section shall be
deemed guilty of a misdemeanor.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall 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 shall display such sign in a conspicuous place on the
licensed premises.
[R.O. 2012 §600.360; Ord. No. 6549, 12-15-1975]
A. The
Liquor Control Officer shall first approve a request for the transfer
of a license issued under this Chapter to a different location, and
the application for permission to so transfer must be in writing,
together with twenty-five dollars ($25.00) to cover investigation
costs, and shall set forth:
1. The name and residential address of the licensee and current business
address.
2. The address and legal description of the premises to which transfer
is sought, together with the name and address of the owner, a complete
set of building plans, and a descriptive list of the fixtures in the
proposed place of business.
3. An affidavit by such licensee that he/she has not violated any of
the provisions of this Chapter or of the State liquor laws since the
license was granted.
4. Any additional information that the Liquor Control Officer may require.
[R.O. 2012 §600.390; Ord. No. 6549, 12-15-1975]
Any person doing business for which a license is required by this Chapter outside the City limits in an area which is annexed by the City shall be eligible to apply, regardless of the limitations in Section
600.030(D), within fifteen (15) days after annexation, for a City license within the classification to which he/she is entitled at the time of annexation. If the limitation on the number of licenses is exceeded, no new licenses shall be issued except replacements for vacancies created by revocations, bona fide purchases or surrenders, until such time as the ratio established in Section
600.030(D) will permit.
[R.O. 2012 §600.930; Ord. No. 81-2-4, 2-16-1981]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof, shall
be punished by fine not exceeding five hundred dollars ($500.00),
or imprisonment not exceeding three (3) months, or by both such fine
and imprisonment, and every day thereafter such person shall violate
any of the terms or provisions of this Article, he shall be deemed
guilty of a separate offense and shall be proceeded against as in
the first instance.
[R.O. 2012 §600.940; Ord. No. 6549, 12-15-1975]
A. Any
violation of any of the provisions of this Chapter not otherwise defined,
shall be a misdemeanor, and any person guilty of violating any of
said provisions, and for which violation no other penalty is by this
Chapter imposed, shall, upon conviction thereof be adjudged guilty
of a misdemeanor.
B. If
the person so convicted shall be the holder of any permit or license
issued pursuant to the provisions of this Chapter, such conviction
by any court of competent jurisdiction shall, without further proceeding,
action or order by any court or by the Liquor Control Officer, operate
to revoke and forfeit as of the date of such conviction such permit
and all rights and privileges granted thereby and the holder of such
permit shall not thereafter, for a period of one (1) year after the
date of such conviction, be entitled to any permit for any person
authorized in this Chapter.
C. If
the permittee or license charged in such proceeding with such violation,
be, by final judgement therein, acquitted of said charge, he may apply
for and receive a license pursuant to this Chapter upon paying therefor
the license fee in this Chapter required, and by otherwise conforming
to all requirements as to such applicants, and with the same right
as though he had never held a license under the provisions of this
Chapter.