[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]
Application for a license to sell intoxicating liquor under
the provisions of this Article shall be filed with the City Clerk
and shall be on forms to be furnished by the Clerk and signed and
sworn to by the applicant.
[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]
Upon the filing of an application for a license for the sale
of intoxicating liquor, malt liquor, and non-intoxicating beer, under
the provisions of this Article, said application shall be presented
to the City Council at the next regular or special meeting thereof,
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.
[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]
All licenses granted to a licensee under this Article are given
for a term of one (1) calendar year maximum. All licenses granted
under this Article 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 pro-rated
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 June
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 discretion
of the City Council upon the same qualifications, terms, and conditions
as initial issuance of the license.
[CC 1976 §3-25; Ord.
No. 92-49, 9-28-1992]
Whenever it is shown to the City Council that a licensee hereunder
has been guilty of a violation of the terms of this Chapter, or has
been guilty of disorderly or undesirable conduct, or is an improper
person to engage in such business, or has been conducting a disorderly
or undesirable place of business, or has violated any of the provisions
of this Chapter or of the Liquor Control Act of the State of Missouri,
or has no license from the State Supervisor of Liquor Control, or
has made a false affidavit in his/her application for license, or
has failed to furnish additional sureties on his/her bond after demand
therefor by the City Council, the City Council may, upon its own motion,
or upon complaint of any person, or in the event the licensee closes
his/her place of business for ninety (90) days without good and sufficient
cause, revoke or suspend for such time as the City Council may deem
necessary and proper any license issued under the provisions hereof,
and the action of the City Council shall be in addition to the penalties
herein prescribed for violations of this Chapter. Before revoking
or suspending any license, the City Council shall give to the licensee
or to any person in charge of or employed in the place licensed, at
least forty-eight (48) hours' written notice of any complaint and
the date and place fixed for a hearing thereupon. At which hearing
the licensee shall have a right to have counsel and produce witnesses
in his/her behalf. In the event that any license issued hereunder
shall, for any cause, be revoked or suspended, as provided in this
Chapter, no portion of the fee paid therefor shall be refunded.
[Ord. No. 2023-25, 8-14-2023]
If there is any question as to which class of license an applicant
falls under, the City Council shall make the final determination of
appropriate license classification.
