[Ord. No. 2003-57 §1, 9-8-2003; Ord. No. 2004-22 §1, 4-13-2004; Ord.
No. 2023-25, 8-14-2023]
A.
Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the City may issue,
a license to sell intoxicating liquor, as in this Chapter defined,
between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday by
the drink at retail for consumption on the premises of any restaurant
bar as described in the application. This license shall be described
as a "Class J" license.
B.
In addition to all other fees required by law, a restaurant bar shall
pay an additional fee of three hundred dollars ($300.00) a year payable
at the same time and in the same manner as its other license fees.
C.
Any new restaurant bar having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 6:00 A.M. and 1:30 A.M. on Monday for a period not to exceed
ninety (90) days if the restaurant bar can show a projection of annual
business from prepared meals or food consumed on the premises of at
least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
[CC 1976 §3-30; Ord.
No. 92-49, 9-28-1992; Ord. No. 94-3 §1, 1-24-1994]
A.
No
license for the sale of intoxicating liquor in the original package
not to be consumed on the premises where sold shall be issued to any
person engaged in the automobile filling station business unless such
business meets all of the following criteria:
1.
The automobile filling station shall have annual gross receipts in
excess of three hundred fifty thousand dollars ($350,000.00) excluding
proceeds derived from the sale of gasoline and alcohol.
2.
No more than eight percent (8%) of the retail sales area shall be
utilized for the sale and storage of package liquor.
[CC 1976 §3-31; Ord.
No. 92-49, 9-28-1992; Ord. No. 93-22 §3, 6-28-1993]
A.
A special license for the sale of intoxicating liquor of all kinds as described in Section 600.010 of this Chapter may be issued for a restaurant bar, as defined herein, or a restaurant motel combination with the approval of the City Council.
B.
Such
business must employ at least fifteen (15) people and said license
shall be conditioned upon said business producing a minimum of two
hundred thousand dollars ($200,000.00) in gross sales in the first
(1st) year of operation and each year thereafter or at least fifty
percent (50%) of the gross income shall be derived from the sale of
prepared meals or food consumed on the premises.
C.
Each
such restaurant bar shall have a seating capacity for no less than
one hundred (100) customers.
D.
Such
business must meet aesthetic requirements including plans for decoration,
size of establishment and general layout. These must be presented
to the City Council for approval with the license application.
E.
No
license granted under this Article shall be taken into account in
determining the number of licenses permissible under the other provisions
of this Article.
[Ord. No. 2003-56 §1, 9-8-2003; Ord. No. 2023-25, 8-14-2023]
Notwithstanding any other provisions of Section 600.080 or any other law to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under this Chapter, may apply to the City for a special license to sell intoxicating liquor in the original package at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays. This license shall be described as a "Class K" license. A licensee under this Section shall pay to the City an additional fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees.
[CC 1976 §3-33; Ord.
No. 94-49 §§1 — 2, 8-9-1994]
A.
No
retailer shall sell or offer for sale any beer, ale or malt liquor
products in glass containers of sixteen (16) ounces or greater content,
that are chilled or refrigerated at the time of sale or offer to a
temperature less than the room temperature of the licensed premises
at which said sale or offer occurs.
B.
The
violation of this Section shall be punishable by a fine of not more
than one hundred dollars ($100.00) or imprisonment for ten (10) days,
or both. The sale of each prohibited glass container shall be deemed
a separate violation.
[Ord. No. 2023-15, 6-26-2023]
A.
COMMERCIAL QUADRICYCLE
Definitions. As used in this Section, the following term shall have
the meanings indicated:
A vehicle with fully operational pedals for propulsion entirely
by human power, or which allows for electric propulsion with pedal-assistance,
that has four wheels and is operated in a manner similar to a bicycle,
that is equipped with at least twelve (12) seats for passengers, that
is designed to be occupied by a driver and passengers providing pedal
power to the drive train of the vehicle, that is used for commercial
purposes.
B.
No person shall drive a commercial quadricycle upon any street, sidewalk,
or other public place in the City without first registering and obtaining
a City license for such commercial quadricycle and securing a license/sticker
visible in the proper registration area.
C.
No person shall park a commercial quadricycle upon any sidewalk or
undesignated parking stall. The commercial quadricycle may occupy
up to two designated parking stalls, but in no event shall a commercial
quadricycle be parked or left standing in ADA access or spots made
available for individuals with disabilities.
D.
License And Registration Required.
1.
Application for registration and license for a commercial quadricycle shall be made by the owner of the commercial quadricycle. The applicant/owner must hold a valid, active liquor license issued by the City Council in accordance with Chapter 600 of the Municipal Code of the City of Overland. Such application for a commercial quadricycle license shall be in writing and upon forms furnished by the City. Such application shall be signed by the owner and approved by the City Council on an annual basis. The City Council shall review such applications for conformity with the requirements of this Chapter, whether the applicant has previously operated commercial quadricycles in the City or within the State of Missouri, whether such applicant has previously had liquor licenses, commercial quadricycle licenses, limousine licenses, taxicab licenses, or any other transportation licenses suspended, revoked, or terminated. The fee for an annual license shall be set by, and may be amended by, resolution of the City Council and paid to the City prior to issuance of the license. Such license shall be issued on the 1st of July each year, or thereafter when applied for, and shall expire on the 30th day of June following its issuance.
2.
Upon payment of the necessary fees and approval of the City
Council, the City may issue or cause to be issued a proper license
plate/sticker. Transfer of the commercial quadricycle license to another
person is prohibited.
3.
Revocation. A commercial quadricycle license may be revoked
by the City Clerk or their designee for any of the following reasons:
a.
Failure to comply with any of the provisions of this Section
of the Code.
b.
Violating any State Statutes or City Code violations.
(1)
Any applicant whose commercial quadricycle license
has been denied or revoked under the provisions of this Section may
appeal said denial or revocation to the City Administrator. Such appeal
must be filed within thirty (30) days of the denial or revocation
of such commercial quadricycle license. An appeal under this provision
is necessary to exhaust an applicant's or licensee's administrative
remedies.
E.
No person shall possess, transport, or consume intoxicating liquors,
alcoholic beverages, or cannabis in the operation of commercial quadricycles
upon any City streets, highways, or public places. No person shall
operate commercial quadricycles when used for nonrevenue-producing
events or transportation in addition to regular commercial activities,
however such limitation shall not prohibit the use of a commercial
quadricycle within any City of Overland parades.
F.
Equipment Requirements. Commercial quadricycles operating within
the City shall be equipped with the following:
1.
Hip restraints as defined by the American National Standards
Institute (ANSI)/National Golf Carts Manufacturers Association (NGCMA)
shall be installed for every seat on the commercial quadricycle. The
driver of the commercial quadricycle shall not operate the vehicle
unless each passenger thereon is wearing a hip restraint.
2.
Lighting on the commercial quadricycle which shall be the following:
3.
Rear signage which shall conform with those standards and specifications
adopted in Section 307.127, RSMo., for slow-moving vehicles, or shall
be an emblem of the same shape and size painted on such vehicle in
a bright and conspicuous retro reflective with reflective red strips
having a minimum width of one and three-fourths (1 3/4) inches,
with the vertices of the overall triangle truncated such that the
remaining altitude shall be a minimum of fourteen (14) inches, and
shall be maintained at all times in a clean and reflective condition.
4.
A mirror capable of showing the driver a view of the roadway
for a distance of two hundred (200) feet to the rear of the vehicle.
5.
A braking system, operable by the driver, that is capable of
overriding all methods of propulsion and bringing the vehicle to a
complete stop.
6.
A barrier on both sides of bench seating that restricts sliding
beyond seating capacity.
G.
All owners and operators of commercial quadricycles operating for
commercial purposes must maintain the following insurance:
1.
A policy of comprehensive general liability insurance issued
by an insurance company duly authorized to do business in the State
of Missouri, which policy provides for the payment of damages for
bodily injury and for injury to or destruction of property of a person
or entity, due to the liability of the owner or operator of a commercial
quadricycle arising out of the ownership, operation, use, or maintenance
of a quadricycle. The policy shall provide coverage with limits in
an amount of not less than one million dollars ($1,000,000.00) per
accident. The policy shall provide that the insurer shall give notice
of any cancellation or non-renewal of the policy which is due the
named insured.
2.
The owner of a commercial quadricycle shall maintain on file
with the City Clerk's office a copy of the current policy of
comprehensive general liability insurance required by Subsection(G)(1)
above. Failure to comply with this provision shall result in the immediate
suspension of the owner's rights and privileges to operate the
quadricycle commercially within the City.
H.
Operator.
1.
The operator of a commercial quadricycle must be at least twenty-one
(21) years of age and must have a valid Missouri driver's license
to drive/operate a commercial quadricycle in the City.
2.
No operator of a commercial quadricycle may consume alcohol
or cannabis while operating the commercial quadricycle, or while such
commercial quadricycle is occupied by passengers.
3.
No operator may operate a commercial quadricycle on which any
alcoholic beverages are carried or consumed other than as permitted
under this Section.
4.
No person may operate a commercial quadricycle on which any
alcoholic beverages other than intoxicating liquors are carried or
consumed.
5.
The owner or operator of a commercial quadricycle shall advise
passengers that they may only consume alcohol on quadricycles in compliance
with this City ordinance and/or applicable State Statute and shall
conspicuously post a notice of these restrictions upon the commercial
quadricycle in a form and manner approved by the City Police Chief
or his/her designee.
6.
No person shall operate a commercial quadricycle if alcoholic
beverages are present, unless all passengers at all times are of at
least twenty-one (21) years of age.
I.
Passengers.
1.
Passengers on a commercial quadricycle may possess or carry
onto the commercial quadricycle not more than twelve (12) ounces of
intoxicating liquor per person per one-half (1/2) hour of scheduled
quadricycle use, and passengers must be at least twenty-one (21) years
of age.
2.
No passenger may occupy a commercial quadricycle on a seat equipped
with a pedal unless such person is physically able to sit upright
in the seat and operate the pedals which are available to power the
vehicle.
3.
Every passenger on a commercial quadricycle must have access
to protective headgear approved by the American National Standards
Institute (ANSI) or the Snell Memorial Foundation.
4.
No alcoholic beverages, including intoxicating liquor, shall
be possessed, carried upon or consumed on a commercial quadricycle
if any passenger is not at least twenty-one (21) years of age.
J.
No glass beverage containers shall be carried upon a commercial quadricycle
while operated on the public way.
K.
Hours Of Operation. No person shall operate a commercial quadricycle
between the hours of 10:00 P.M. to 11:00 A.M., daily.
L.
Commercial Quadricycle Route.
1.
The plan of operation of a licensed commercial quadricycle shall
be reviewed by City staff and approved by the City Council. The plan
of operation must include the geographic area in which the commercial
quadricycle shall routinely operate, which shall include any planned
stops at restaurants and taverns along the route, and a general timeframe
allotted for each stop. If alcoholic beverages are being consumed
on the commercial quadricycle, the trip must not make any additional
stops along the route not included within the approved route, except
in case of safety requirements.
2.
Subsequent amendments to an approved plan of operation, specifically
in relation to amendments to the route shall be reviewed by City staff
and may be approved by the City Administrator where the proposed amendment
does not substantially deviate from the approved route, where no more
than two (2) additional stops are added, and where the operation of
the route does not increase by more than two (2) hours. If such amended
route is in excess of these minor changes, such amended route shall
require approval by the City Council as a new route.
3.
Any deviation from this route may include a description of procedures
for notifying police or other authorities when anticipated operation
of a commercial quadricycle deviates from customary routes.
M.
Failure of a licensee to comply with the regulations of this Section
shall constitute grounds for non-renewal, suspension, or revocation
of the license.
