[Ord. No. 1013[1] §1, 11-14-2012]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Alcohol for beverage purposes, 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 (1/2 of 1%) by volume, except for nonintoxicating beer.
Any license issued under the provisions of this Chapter.
Liquor manufactured from pure hops, or pure extract of hops,
or pure barley malt, or wholesome grains or cereals and wholesome
yeast and pure water, and commonly called and known as "beer," and
containing alcohol in excess of three and two-tenths percent (3.2%)
by weight and not in excess of five percent (5%) by weight.
A business whose primary activity is the brewing and selling
of beer, with an annual production of two thousand five hundred (2,500)
barrels or less.
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 not less than
one-half of one percent (1/2 of 1%) by volume nor exceeding three
and two-tenths percent (3.2%) by weight.
Any package containing three (3) or more standard bottles
of malt liquor or nonintoxicating beer, to fifty (50) milliliters
[one and seven tenths (1.7) ounces] or more of spirituous liquors
and one hundred (100) milliliters [three and four hundredths (3.4)
ounces] of vinous liquors in the manufacturer's original container.
A standard bottle is any bottle or can containing sixteen (16) ounces
or less of malt liquor or nonintoxicating beer.
The particularly described place where intoxicating liquor
or nonintoxicating beer is sold and may be one (1) room, a building
comprising several rooms or a building with adjacent or surrounding
land, such as a lot or garden, where a licensee hereunder has his
place of business.
Any place of business, the main purpose and activity of which
is to serve meals, sandwiches, short orders and other food to be eaten
by its customers on the premises and which does not provide or furnish
to the public lodging or sleeping rooms.
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.
The sale of any intoxicating liquor, except malt liquor or
nonintoxicating beer, in the original package in any quantity less
than fifty (50) milliliters.
[1]
Editor's Note: This ordinance also repealed former Ch. 600, Intoxicating Liquor, adopted and amended CC 1981 §§600.010, 600.030 — 600.090, 600.110, 600.140, 600.150, 600.210; Ord. No. 409 §§1, 3 — 5, 7, 8, 11 — 14, 18, 22, 5-26-1976; Ord. No. 521 §1, 10-22-1980; Ord. No. 684 §§1 — 2, 9-23-1992; Ord. No. 699 §1, 6-23-1996; Ord. No. 726 §1, 11-9-1994; Ord. No. 747 §§1 — 3, 1-10-1996; Ord. No. 773 §1, 4-26-1995; Ord. No. 885 §§1 — 2, 10-8-2003.
[Ord. No. 1013 §1, 11-14-2012]
Nothing in this Chapter shall limit the right of a duly licensed
physician to prescribe intoxicating liquor in accordance with his
professional judgment for any patient at any time, or prohibit a regularly
licensed druggist from selling intoxicating liquor, lawfully acquired
and lawfully in his possession, to any person on prescription from
a regularly licensed physician; however, no part of such intoxicating
liquor shall be consumed on the premises where sold. A license for
the sale of intoxicating liquor is not required.
[Ord. No. 1013 §1, 11-14-2012]
Intoxicating liquor, containing alcohol in excess of five percent
(5%) by weight, may be sold by the drink at retail for consumption
on the premises where sold. Intoxicating liquor, containing alcohol
in excess of five percent (5%) by weight, may be sold in the original
package for consumption other than on the premises where sold, at
retail.
[Ord. No. 1013 §1, 11-14-2012]
The holder of a license issued pursuant to this Chapter authorizing
the sale of any liquor at retail by the drink for consumption on the
premises where sold shall not keep or secrete, or allow any other
person to keep or secrete, in or upon the premises described in the
license, any intoxicating liquor other than the kind of liquor expressly
authorized to be sold by the licensee.
[Ord. No. 1013 §1, 11-14-2012]
Licensees under this Chapter authorized to sell malt liquor
at retail by the drink for consumption on the premises where sold
shall not at the same place sell any intoxicating liquor other than
malt liquor.
[Ord. No. 1013 §1, 11-14-2012]
The sale of 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 the holder
of a retail liquor dealer's license, and, when so made, the container
in every case shall be emptied and the contents served as other intoxicating
liquors sold by the drink are served.
[Ord. No. 1013 §1, 11-14-2012]
Intoxicating liquor purchased in the original package shall
not be consumed or permitted to be consumed upon any premises where
intoxicating liquor is authorized to be sold, nor shall such packages
be opened on the premises where purchased.
[Ord. No. 1013 §1, 11-14-2012]
A.
No person shall sell, give away or otherwise dispose of, or permit
the sale or disposition on or about his premises of any intoxicating
liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M.
on weekdays, nor on Sunday unless having obtained a license pursuant
RSMo. 311.097, RSMo. 311.102 or RSMo. 311.293, as amended.
B.
Sunday hours for Sunday original package license shall be 9:00 A.M.
until 12:00 midnight; or as otherwise provided in RSMo. 311.293, as
amended. Sunday hours for Sunday retail by the drink license shall
be 9:00 A.M. until 12:00 midnight.
C.
When January 1, March 17, July 4, or December 31 falls on Sunday,
and on the Sundays prior to Memorial Day and Labor Day and on the
Sunday on which the national championship game of the national football
league is played, commonly known as "Super Bowl Sunday," any person
having a license to sell intoxicating liquor by the drink may be open
for business and sell intoxicating liquor on that day from the time
and until the time which would be lawful on another day of the week,
notwithstanding any provisions of RSMo. 311.290 or any other provision
of law to the contrary.
[Ord. No. 1013 §1, 11-14-2012]
No person, agent or employee of any person in any capacity shall
sell intoxicating liquor in any other place than that designated in
a liquor license issued pursuant to this Chapter or in the license
of his employer, or at any other time or otherwise than is authorized
by this Chapter, nor in any building or room where there are blinds,
screens, curtains or any other thing or object so placed in the building
or room that it does obstruct or obscure from public view any portion
of the interior of such room where intoxicating liquor is sold, delivered
or drunk.
[Ord. No. 1013 §1, 11-14-2012]
No person shall sell any intoxicating liquors upon any public
street, highway or thoroughfare, sidewalk or alley, or within fifteen
(15) feet from either side thereof, within the City.
[Ord. No. 1013 §1, 11-14-2012]
No person or his employee shall sell or supply intoxicating
liquor or permit it to be sold or supplied to a habitual drunkard
or to any person who is under or apparently under the influence of
intoxicating liquor or to a minor.
[Ord. No. 1013 §1, 11-14-2012]
B.
In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
or nonintoxicating beer but which does not sell intoxicating liquor
or nonintoxicating beer at retail, persons at least eighteen (18)
years of age may be employed and their duties may include the handling
of intoxicating liquor or nonintoxicating beer for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter or Chapter
312, RSMo., may employ persons of at least eighteen (18) years of
age to rotate, stock and arrange displays at retail establishments
licensed to sell intoxicating liquor or nonintoxicating beer.
C.
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 or nonintoxicating beer in places of business which sell food
for consumption on the premises if at least fifty percent (50%) of
all sales in those places consists 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 or nonintoxicating
beer.
[Ord. No. 1013 §1, 11-14-2012]
It shall be unlawful for any merchant or keeper of any place
of business in the City subject to regulation by the Mayor and Board
of Aldermen, or the employee of such merchant or keeper, to permit
any minor to drink or consume on the premises on which his business
is conducted, any intoxicating liquor or nonintoxicating beer, however
acquired, or to sell, give away, lend, permit the use of or otherwise
dispose of any soda water, ginger ale, water, ice, glass, spoon, container
or receptacle to any person with the intent or knowledge that the
same will be consumed or used in connection with the drinking or consuming
by a minor of any such intoxicating liquor or nonintoxicating beer
on such premises.
[Ord. No. 1013 §1, 11-14-2012]
It shall be unlawful for any person of the age of seventeen
(17) years and under the age of twenty-one (21) years to represent
that he has attained the age of twenty-one (21) years for the purpose
of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law. Any person under the age
of seventeen (17) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, except in cases
authorized by law, may be considered a delinquent child and may be
dealt with in accordance with the provisions of Chapter 211, RSMo.
[Ord. No. 1013 §1, 11-14-2012]
It shall be unlawful for any person to give, lend, sell or otherwise
provide any person between the ages of seventeen (17) years and twenty-one
(21) years any falsified identification, or the identification of
another person for the purpose of establishing the age of the minor
as being twenty-one (21) years of age or older.
[Ord. No. 1013 §1, 11-14-2012]
A.
It shall be unlawful for any person to sell or expose for sale in
this City intoxicating liquor, in any quantity without taking out
a license from the City.
B.
Classes.
1.
A separate license shall be taken out for each of the following
classes of sales of intoxicating liquors in which the licensee desires
to engage:
a.
Retail liquor by the drink: sales of all kinds
of intoxicating liquor at retail by the drink for consumption on the
premises where sold, including the sale of intoxicating liquors in
the original package.
b.
Five-percent beer by the drink: sales of malt
liquor containing alcohol not in excess of five percent (5%) and not
less than three and two-tenths percent (3.2%) by weight at retail
by the drink for consumption on the premises where sold, which license
shall also permit the holder to sell nonintoxicating beer, as defined
in state law, including sales in the original package.
c.
Five-percent beer by the drink-wine: sales of malt liquor, as described in Subsection (B)(1)(b) above, and light wines containing not in excess of fourteen percent (14%) of alcohol by weight; exclusively from grapes, berries and other fruit or vegetables, at retail, by the drink for consumption on the premises where sold, including sales in the original package.
d.
Original package liquor: sales of all kinds
of intoxicating liquor at retail in the original packages, not to
be consumed on the premises where sold.
e.
Sunday retail liquor by the drink: for the
Sunday retail sale all kinds of intoxicating liquor at retail by the
drink for consumption on the premises where sold, including the sale
of intoxicating liquors in the original package.
f.
Sunday original package: for the Sunday sale
of intoxicating liquor in the original package at retail for qualified
persons holding an original package license pursuant to RSMo. 311.200
and provisions of this Chapter.
g.
Microbrewer's license: for the manufacture
of beer and malt liquor in quantities not to exceed two thousand five
hundred (2,500) barrels per annum. The holder of a microbrewer's
license may apply for and the City may issue a license to sell intoxicating
liquor by the drink at retail for consumption on the brewery premises
and in the original package for off-premises consumption. The laws
and regulations relating to the sale of liquor by the drink for consumption
on the premises where sold shall apply to the holder of a license
issued under the provisions of this Section.
h.
Wine tasting special permit. Any person who
is licensed to sell intoxicating liquor in the original package at
retail may apply to the City for a special permit to conduct wine
tastings on the licensed premises.
2.
Nothing in this section shall be construed to permit the licensee
to sell wine for on-premises consumption.
3.
Each license shall apply to the class for which issued, and
it shall be unlawful to sell or expose for sale any intoxicating liquor
except in the manner authorized in the license held by the licensee
as issued hereunder.
C.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and each license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
[Ord. No. 1013 §1, 11-14-2012]
An application for a license to sell intoxicating liquors as
required by this division shall be filed with the city clerk and shall
be on forms to be furnished by the city clerk and signed and sworn
to by the applicant.
[Ord. No. 1013 §1, 11-14-2012]
No natural person shall be granted an intoxicating liquor license
unless such person is of good moral character and a qualified legal
voter and taxpaying citizen of the State. No corporation shall be
granted a liquor license unless the managing officer of the corporation
is of good moral character and a qualified legal voter and taxpaying
citizen of the State. No person shall be granted a liquor license
whose license as a liquor 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 a liquor dealer or licensee, any
person whose license has been revoked or who has been convicted of
violating the provision of any such law since the date established.
[Ord. No. 1013 §1, 11-14-2012]
No license shall be granted 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; except that 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, licenses may be renewed without respect
to the location of a church, school or place of worship. For the purposes
of this requirement, the term "school" shall be limited to elementary
schools, secondary schools, and child-care centers, whether public
or private, and shall not include colleges, universities, technical
and trade schools, tutoring, and other proprietary educational uses.
[Ord. No. 1013 §1, 11-14-2012]
No license required by this Chapter shall be issued for the
retail sale of intoxicating liquor in the original package 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 drugstore, a cigar
and tobacco store; a grocery store; a general merchandise store; a
confectionery or delicatessen store; nor to any person who does not
have and keep in his store a stock of goods having a value, according
to invoices, of at least two thousand five hundred dollars ($2,500.00),
exclusive of fixtures and intoxicating liquors.
[Ord. No. 1013 §1, 11-14-2012]
Upon the filing of application for a license required by this Chapter and upon payment of the fee herein provided for, said application shall be processed and, upon approval of the Police Department, be presented to the Board of Aldermen at its next meeting and upon approval by a majority of the Board of Aldermen, the City Clerk shall issue a license to the applicant for a term in compliance with Section 600.240 of this Chapter.
[Ord. No. 1013 §1, 11-14-2012]
The Board of Aldermen reserves the right to refuse to issue
a license for the sale of intoxicating liquor by the drink when in
its judgment the location for which the license is sought to be obtained
is not in the best interests of the community, taking into consideration
the proximity of homes, schools, churches, playgrounds or other activities
and conditions, or circumstances, the number of licenses previously
issued, or when in the judgment of the Board of Aldermen the person
seeking the license is not a fit person to conduct such establishment.
If, in the judgment of the Board of Aldermen, any person previously
operating an establishment for the sale of intoxicating liquor has
not conducted an orderly place or house, the Board of Aldermen may
refuse to renew the license upon its expiration.
[Ord. No. 1013 §1, 11-14-2012]
A.
Before any license shall be issued for the sale of intoxicating liquors
in the City, the applicant therefor shall pay to the City a fee as
follows:
1.
Retail liquor by the drink. Retail sales of
all kinds of intoxicating liquor for consumption on the premises where
sold: four hundred fifty dollars ($450.00).
2.
Five-percent beer by the drink. Retail sales
of malt liquor for consumption on the premises where sold: seventy-five
dollars ($75.00).
3.
Five-percent beer by the drink — wine. Retail sales of malt liquor and wine, for consumption on the premises
where sold: seventy-five dollars ($75.00).
4.
Original package liquor. Retail sales of intoxicating
liquor not to be consumed on the premises where sold: one hundred
fifty dollars ($150.00).
5.
Sunday retail liquor by the drink. Retail Sunday
sales of intoxicating liquor for consumption on the premises where
sold: three hundred dollars ($300.00).
6.
Sunday original package. Retail Sunday sales
of intoxicating liquor in the original package not to be consumed
on the premises where sold: three hundred dollars ($300.00).
7.
Microbrewer's license. Retail Sunday sales
of intoxicating liquor for consumption on the premises where sold:
seven dollars and fifty cents ($7.50) for each one hundred (100) barrels
or fraction thereof, up to a maximum license fee of three hundred
seventy-five dollars ($375.00).
8.
Wine tasting special permit. To allow holder
of a retail original package liquor license to conduct wine tasting
on the licensed premises: an additional thirty-seven dollars and fifty
cents ($37.50).
[Ord. No. 1013 §1, 11-14-2012]
All licenses issued pursuant to this Chapter shall expire the
30th day of June next succeeding the date of such license. Fees for
such licenses shall be paid annually in advance. Licenses may be issued
for part of a year for businesses commenced after July 1 and proportionate
fees charged based on the months or fraction of a month such license
is to run to the next June 30 following.
[Ord. No. 1013 §1, 11-14-2012]
No license issued under this Chapter shall be transferable or
assignable.
[Ord. No. 1013 §1, 11-14-2012]
All licenses issued pursuant to the provisions of this Chapter
shall be kept conspicuously posted in the place for which such license
was issued.
[Ord. No. 1013 §1, 11-14-2012]
A.
The Board of Aldermen may revoke the intoxicating liquor license
of any applicant who:
1.
Does not continuously operate his place of business during the
term of such license.
2.
Has not at all times kept an orderly place or house.
3.
Has violated any of the provisions of this Chapter or of the
Liquor Control Act of the State.
4.
Has no license from the State Supervisor of Liquor Control.
5.
Has made a false affidavit in his application for a license.
B.
No license shall be revoked until notice in writing shall have been
given and a hearing held by the Board of Aldermen to determine whether
or not such license should be revoked. The hearing shall be held not
less than ten (10) days nor more than thirty (30) days after such
licensee shall have been notified. "Continuously operated," as used
in this section, means open for business at least eight (8) hours
per day, five (5) days a week during regular business hours.
[Ord. No. 1013 §1, 11-14-2012]
Nothing in this Chapter shall be construed to permit the issuance
of any license not in compliance with Chapters 311 and 312, RSMo.,
known as the "Liquor Control Law of the State of Missouri," or the
rules of the Supervisor of Liquor Control; further, all licensees
hereunder must be in compliance with all State laws and ordinances
of the City of Winchester.
