[CC 1976 §3-16; Ord. No. 92-49, 9-28-1992]
Licenses for the sale of intoxicating liquor, malt liquor, non-intoxicating beer or other liquor as described in this Section may be sold by a licensee in two (2) general ways according to the license procured by the licensee. Liquor may be sold by the drink, not in the original package, to be consumed on the premises; or liquor may be sold at retail in the original package, not for resale, direct to the consumer, not to be consumed on the premises.
[CC 1976 §3-17; Ord. No. 92-49, 9-28-1992; Ord. No. 99-33 §1, 4-27-1999]
A. 
It shall be unlawful for any person to sell or expose for sale in the City intoxicating liquor, malt liquor, or non-intoxicating beer, in any quantity without taking out a license from the City. A separate license shall be required for sales of liquor in the original package not to be consumed on the premises, and a separate license shall be required for sale of liquor by the drink not in the original package to be consumed on the premises. A special license may be required for the sale of liquor on Sunday, sale of liquor at automobile filling stations, sale of liquor at restaurant bars, or any other activity which in any way relates to the sale of liquor which the City Council find applicable. For every license granted to a licensee under this Chapter the licensee shall obey all of the Sections in this Chapter and the laws of the State of Missouri. Any violation of this Code or the laws of the State of Missouri by a licensee may lead to the revocation of the licensee's license to sell liquor. Each license shall apply to the class for which it is issued, and it shall be unlawful to sell or expose for sale any intoxicating liquor, malt liquor, or non-intoxicating beer except in the manner authorized in the license held by the licensee as issued hereunder.
B. 
No liquor license will be issued or renewed if required Business License is not current.
[CC 1976 §3-18; Ord. No. 92-49, 9-28-1992; Ord. No. 2024-04, 4-8-2024]
A. 
Application — Form And Content.
1. 
All applications for licenses under the provisions of this Chapter shall be made, in writing, to the City Clerk, on forms 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. Such forms, at a minimum, shall provide for and shall contain spaces for:
a. 
Designation of the class of license desired (including date(s) of event, in the case of a temporary license);
b. 
Description of the premises to which such licenses apply and the location or address thereof ("Description of the premises" shall include a site plan and a line drawing of the room(s) and/or areas in the buildings in which the controlled substances are stored, exhibited for sale, and served and consumed);
c. 
Name, place of residence, and mailing address of the person, individual, association, and partnership and names of partners or corporation managing officer thereof for whom or which a license is sought;
d. 
Term of the license;
e. 
Signature of the applicant;
f. 
Verification that the applicant meets the qualifications of Section 600.190; and
g. 
Such other information as may be necessary to the City in administering this Chapter.
2. 
In the event a "Class A" license is sought for the sale of intoxicating liquor in the original package, the application form shall provide for and contain spaces for a description of the business engaged in by the applicant and the kind of stock or goods, and invoice value thereof, exclusive of fixtures, and intoxicating liquors kept in the business store of applicant. There shall be attached to applications a recent photograph of both the applicant and the place of business.
3. 
In the event a license is sought for the sale at retail by the drink for consumption on the premises where sold, of all kinds of intoxicating liquor, including the sale of intoxicating liquor in the original package (Classes C to E), the application forms shall provide for and contain spaces for information relating to the applicant's compliance with any criteria and requirements concerning the granting of such license, as the same are set forth and defined in this Code, including, but not limited to, building and sanitary codes.
4. 
In the event a license is sought for a premises which was issued a valid license for the previous license term, the application form shall verify that there were no instances of conduct in violation of Sections 600.060, 600.155, or any of the grounds for suspension or revocation contained in Section 600.250.
B. 
Licenses For Subsequent License Periods. Applications for issuance of licenses for a premises that was granted a license during the previous license period must be filed on or before the first day of June of each calendar year. Such application shall be reviewed by the City Council at its next meeting or as soon thereafter as is practical. Upon approval of the majority of the City Council and payment of the license fee provided in this Chapter, the Clerk shall issue a new license.
C. 
Prior Issuance Creates No Right To License Approval. The issuance of a license for any license period does not create an automatic right to approval of a license for a subsequent license period.
[CC 1976 §3-19; Ord. No. 92-49, 9-28-1992]
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and taxpaying citizen of the State of Missouri; nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the State of Missouri; and no person shall be granted a license hereunder whose license as such a 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 the violations of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, malt liquor or non-intoxicating beer, or who employs or has employed in his/her business as such dealer, any person whose license has been revoked or who has been convicted of violating the provisions of such law since the date aforesaid.
[CC 1976 §3-20; Ord. No. 92-49, 9-28-1992; Ord. No. 2024-04, 4-8-2024]
A. 
Issuance. Upon the filing of an application for a license for the sale of intoxicating liquor or malt liquor under the provisions of this Chapter, said application shall be presented to the City Council at the next regular or special meeting thereof, or as soon as may be practicable, and upon approval of said application by the City Council and upon payment of the license, the applicant shall be permitted to conduct business in this City until the following July.
B. 
Review. Every application shall be reviewed by the City Council for compliance with the provisions of this Code, and the City Council shall determine, in its sole discretion, if it is advisable to grant the license to the applicant, if the proposed location is satisfactory, and if the issuance of such license is in the best interests of the health, safety, morals, and welfare of the City.
[CC 1976 §3-21; Ord. No. 92-49, 9-28-1992]
The fees to be charged hereunder shall be taken in lieu of the proportionate part of any merchant's license fee and ad valorem tax for stock and sale of intoxicating liquor, malt liquor or non-intoxicating beer, and the aggregate amount of sales thereof made by any licensee hereunder shall not be returned by the merchant for purposes of the merchant's license or ad valorem tax, nor shall such stock or sales be included in the consumption of any merchant's license or ad valorem tax.
[CC 1976 §3-22; Ord. No. 92-49, 9-28-1992]
All fees collected by the Clerk pursuant to the provisions of this Article shall be accounted for and paid into the City Treasury as other funds collected by the City Clerk are accounted for and paid.
A. 
No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law may make application and the City may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased.
B. 
Whenever one (1) or more members of a partnership withdraws from the partnership the City, upon being requested, 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.
[CC 1976 §3-24; Ord. No. 92-49, 9-28-1992; Ord. No. 2024-04, 4-8-2024; Ord. No. 2025-06, 1-13-2025]
All licenses granted to a licensee under this Chapter are given for a term of one (1) calendar year maximum. All licenses granted under this Chapter shall be valid only until July first (1st) of any given year. A license granted after July first (1st) of any given year is only valid until the next July first (1st), and fees for that partial term shall be at the yearly rate and will not be prorated or reduced in any way. All applications for a liquor license renewal of any kind shall be returned to the City Clerk no later than May first (1st) of any given year for consideration of a license starting July first (1st) of that same year. All applications for a liquor license renewal must include the correct total amount of fees for the license(s) requested at the time the application is returned to the City Clerk. Liquor license renewals may be granted at the sole discretion of the City Council in accordance with the review procedures outlined in Section 600.200(B).
[CC 1976 §3-25; Ord. No. 92-49, 9-28-1992; Ord. No. 2024-04, 4-8-2024]
A. 
Suspension Or Revocation Of License — When — Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases, the City Clerk shall schedule a hearing before the City Council not less than ten (10) days prior to the effective date of revocation or suspension, and, prior to the hearing, the City Clerk shall give not less than ten (10) days' written notice to the licensee specifying the grounds for the suspension or revocation thereof and the time, date, and place of the hearing. Notice may be accomplished by personal delivery, U.S. Mail, or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.253 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, Chapter 311, RSMo., the Code of State Regulations applicable to the conduct of licensees or any employee, agent or servant of the licensee, or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. 
Making a false affidavit in an application for or otherwise using materially false statements in the application for such license under this Chapter;
4. 
Maintaining or operating a disorderly place or house or failing to keep an orderly place or house, as defined by Section 600.010;
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. 
That the conduct of the business violates, or the licensed premises or the licensee are in violation of, any provision of this Code;
7. 
The licensed premises have been discontinued or abandoned;
8. 
The licensee, since the issuance of such license, has ceased to be the person actually engaged in the active control and management of the particular establishment for which the license was issued;
9. 
Conduct by the officers, employees, or managing officers of the licensee, such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises, or other behavior demonstrating improper conduct by an individual who is licensed by this Chapter. For purposes of this provision, the term "premises" shall include the licensed premises, the parking lots and area around the business which is owned, used, or maintained as part of the business;
10. 
Lack of proper control of customers in that licensee shall use good judgment in the sale of intoxicating beverages and shall not sell the same to persons obviously intoxicated. If any customer becomes unruly or abusive, it shall be the duty of the licensee to call and fully cooperate with police or other law enforcement authority. The licensee shall take appropriate and necessary steps to supervise the areas immediately outside the liquor establishment, shall keep said areas free from litter, and shall not allow such areas immediately outside the authorized liquor consumption premises to become a gathering location for the liquor establishment's customers; or
11. 
Selling, giving, or otherwise supplying intoxicating liquor to any person on the licensed premises during a term of suspension as ordered by the City Council.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if:
1. 
A 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.
2. 
A licensee is or has been convicted in any court of a violation of State laws relating to intoxicating liquors, or a conviction of a violation of this Chapter.
3. 
A violation of Section 600.155.
D. 
Effect Of A Suspension. No person whose license shall have been suspended by order of the City Council shall sell or give away any intoxicating liquor, malt liquor, light wines 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 City Council'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. 2024-04, 4-8-2024]
A. 
Testimony — Evidence. The licensee shall be given reasonable notice of hearing and the grounds upon which discipline will be considered. Hearings before the City Council 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 three hundred (300) feet of the licensed establishment shall have the right to produce witnesses and testimony. In the event that the applicant or licensee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the suspension or revocation of the license shall be considered unrebutted.
B. 
Witnesses How Summoned. Subpoenas may be issued by the City Council 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 in civil suits in the Circuit Courts of this State. The City Council also may issue 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. Witnesses shall be subject to direct and cross examination by an attorney representing the licensee as well as attorneys representing other interested parties.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended, the City Council 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.