[R.O. 2009 §3-1; Ord. No. 3679 §1(Exh. A), 2-7-2000]
This Chapter shall be known and may be cited as the "Alcoholic
Beverages Code".
[R.O. 2009 §3-2; Ord. No. 3679 §1(Exh. A), 2-7-2000]
[R.O. 2009 §3-3; Ord. No. 3679 §1(Exh. A), 2-7-2000]
Unless the context otherwise requires, the following terms as
used in this Code shall be construed according to the definitions
given below:
Malt liquor containing in excess of three and two-tenths
percent (3.2%) by weight, manufactured from pure hops or pure extract
of hops or pure barley malt or wholesome yeast and pure water.
The Excise Commissioner for the City of Brentwood, Missouri.
As used in this Chapter shall mean and include 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 (.5%) by
volume. All beverages having an alcoholic content of less than one-half
of one percent (.5%) by volume shall be exempt from the provisions
of this Chapter, but subject to inspection as provided by Sections
196.365 to 196.445, RSMo.
Wine containing not in excess of fourteen percent (14%) of
alcohol by weight exclusively from grapes, berries and other fruits
and vegetables.
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.
As used in this Chapter shall mean and include any individual,
association, joint stock company, syndicate, copartnership, corporation,
receiver, trustee, conservator, or other officer appointed by any
State or Federal court.
Includes the place or places within a specified structure
where intoxicating liquor is sold and consumed, provided however,
that said premises and the place or places where intoxicating liquor
is sold and consumed shall, at the time of application for any liquor
hereunder, be fully described in such application, the place or places
described in the application need not be adjoining and contiguous
rooms or areas. "Premises" does not include the surrounding property,
including the parking lot and other property not enclosed within the
specified structure.
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 intoxicating liquor by the drink at retail for
consumption on the premises where sold. 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
as hereinafter provided and when so made, the container in every instance
shall be emptied and the contents thereof served as other intoxicating
liquors sold by the drink are served.
[R.O. 2009 §3-3.1; Ord. No. 4024 §1, 5-1-2006]
A.
The sale or consumption, either in a vehicle or otherwise, of any
intoxicating liquors, including all beer, whether the same be three
and two-tenths percent (3.2%) or otherwise, wines or liquors, upon
any public street, highway, thoroughfare, sidewalk, alley, or upon
any private property without the permission of the owner or occupant
of such property or in any place open to the public (other than an
establishment specifically licensed to sell beer or intoxicating liquors)
is hereby declared to be unlawful. This Section shall have no application
to the sale or consumption of beer on special occasions when the Board
of Aldermen prior to such special occasion has duly passed a resolution
wherein the date, occasion and location are explicitly set forth in
such resolution.
[Ord. No. 4721 § 2, 7-18-2016]
B.
Notwithstanding anything provided in Subsection (A) of this Section, no person shall be allowed to bring any intoxicating liquors, including all beer, whether the same be three and two-tenths percent (3.2%) or otherwise, wines or liquors without prior Board of Aldermen approval into Brentwood Park, or breakable glass into any public park, City park, public recreational facility, City owned recreational facility, public parking lot, upon any private property without the permission of the owner or occupant of such property, or to any place open to the public.
[R.O. 2009 §3-4; Ord. No. 3679 §1(Exh. A), 2-7-2000]
Except as otherwise provided herein, it shall be unlawful for
any person to manufacture, sell or expose for sale any intoxicating
liquor in this City without first having obtained from the City a
license or permit therefor.
[R.O. 2009 §3-5; Ord. No. 3679 §1(Exh. A), 2-7-2000]
Each licensee shall apply only to the class for which issued
and for the premises specifically described in the license and shall
not be transferable or assignable.
[R.O. 2009 §3-6; Ord. No. 3679 §1(Exh. A), 2-7-2000]
All licenses issued pursuant to the provisions of this Code
shall be kept conspicuously posted in the premises for which such
license was issued.
[R.O. 2009 §3-7; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
Applications
for license either to sell intoxicating liquor by the drink or to
sell beer and light wine by the drink and in the original package
shall be filed with the Excise Commissioner on forms furnished by
him/her. Each application shall be signed by the applicant. If the
applicant is a joint venture, partnership or group other than a corporation,
the application shall be made by all individuals who are members of
such joint venture, partnership or group. If the applicant is a corporation,
the application shall be made by a managing officer of the corporation.
A corporate applicant shall state the names and addresses of its registered
agents, officers and directors, the number of shares in the corporation
owned by each and the percentage those shares bear to the total outstanding
shares of the corporation, the names and addresses of the ten (10)
principal stockholders of the corporation and the names and addresses
of each stockholder owning one percent (1%) or more of the total outstanding
shares of the corporation. The signature of the applicant shall constitute
an agreement that the applicant will assume responsibility for compliance
with the provisions of this Code and the laws of the State of Missouri
regulating the sale of intoxicating liquor by the drink and the sale
of beer or light wine by the drink and in the original package. Applications
for Sunday license to sell intoxicating liquor at retail by the drink
or to sell beer and light wine by the drink and in the original package,
in addition to the above mentioned requirements must show that the
premises for which the license is desired satisfies the requirements
for such a license and that the applicant already possesses a license
to sell intoxicating liquor by the drink or to sell beer and light
wine by the drink and in the original package.
B.
If,
during the term for which a license is issued, there is a change of
managing officer of a corporate licensee, a new application shall
be filed with the Excise Commissioner and shall be accompanied by
a filing fee of one hundred fifty dollars ($150.00). The Excise Commissioner
shall take no action on said application unless the filing fee has
been paid.
[R.O. 2009 §3-8; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
Each application for a license either to sell intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package shall contain the following information and any additional information which may be required by Section 600.050:
1.
The exact location and description of the premises to be covered
by the license;
2.
The kind of business which the applicant proposes to conduct on such
premises in addition to the sale of intoxicating liquor and the hours
which the applicant plans to keep his/her place open for such other
business; and
3.
Whether or not the applicant has ever been arrested, charged, indicted
or convicted of any Federal law, law of the State of Missouri or any
other State or City or County ordinances involving moral turpitude
or any violation of law regulating control or prohibiting the sale
of intoxicating liquor.
B.
The
Excise Commissioner is authorized to require such additional information
necessary to carry out the intent and purposes of this Code.
[R.O. 2009 §3-8.1; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 4133 §1, 6-16-2008; Ord. No. 4989, 11-1-2021]
A.
Any
person who possesses the qualifications required by this Chapter and
who now or hereafter meets the requirements of this Chapter may apply
for, and the Excise Commissioner may issue, either a license to sell
intoxicating liquor on Sunday by the drink for consumption on the
premises between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on
Mondays, including any establishment having at least forty (40) rooms
for the overnight accommodations of transient guests, or a license
to sell beer and light wine by the drink and in the original package
as authorized by this Chapter.
B.
There
shall be separate applications for:
1.
Either a license to sell intoxicating liquor by the drink or a license
to sell beer and light wine by the drink and in the original package;
and
2.
A Sunday license either to sell intoxicating liquor at retail by
the drink or a license to sell beer and light wine by the drink and
in the original package. Each application filed with the Excise Commissioner
shall be accompanied by a filing fee of one hundred fifty dollars
($150.00). The Excise Commissioner shall take no action on an application
unless the filing fee has been paid.
[R.O. 2009 §3-8.3; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 4989, 11-1-2021]
A.
Each
application for a Sunday restaurant-bar license to sell liquor at
retail by the drink shall contain the following additional information:
Plans showing the relationship of dining and kitchen facilities
to the licensed premises and a certificate signed by the applicant
showing that at least fifty percent (50%) of the gross income of the
restaurant-bar for the past year immediately preceding its application
was derived from the sale of prepared meals or foods consumed on the
premises, or that the annual gross income of the restaurant-bar derived
from the sale of prepared meals or foods consumed on the premises
during the past year immediately preceding its application was at
least two hundred thousand dollars ($200,000.00). Applicants who have
not been in business one (1) year shall furnish a certificate, either:
1.
Showing that at least fifty percent (50%) of gross income of the
restaurant-bar during the preceding ninety (90) day period was derived
from the sale of prepared meals or foods consumed on the premises;
or
2.
Expressing the opinion, based on the gross income of the restaurant-bar
during the preceding ninety (90) day period which was derived from
the sale of prepared meals or foods consumed on the premises, that
the annual gross income derived from the sale of prepared meals or
foods consumed on the premises will be at least two hundred thousand
dollars ($200,000.00); or
3.
Expressing the opinion, based on experience with specific comparable
facilities, that more than fifty percent (50%) of gross income of
the restaurant-bar or that an annual gross income of at least two
hundred thousand dollars ($200,000.00) will be derived from the sale
of prepared meals or food consumed on the premises.
|
For the purposes of this Section, an applicant may submit a
copy of the certificate which he/she submitted to obtain the State
Sunday license to sell intoxicating liquor at retail by the drink.
|
B.
Any person granted a Sunday restaurant -bar license to sell liquor at retail by the drink based on the certified projection under clause (3) of Subsection (A) shall file with the Excise Commissioner not later than one hundred (100) days after the issuance of such license the certificate showing either that at least fifty percent (50%) of gross income during the first (1st) ninety (90) days of operation under the license was derived from the sale of prepared meals or food consumed on the premises or, that based on the first (1st) ninety (90) days of operation under the license, it is projected that an annual gross income of at least two hundred thousand dollars ($200,000.00) will be derived from the sale of prepared meals or food consumed on the premises. The Excise Commissioner shall suspend or revoke any such license where the certificate is not filed or where the certificate fails to demonstrate operation of the premises as a restaurant-bar.
C.
A person
having a Sunday restaurant-bar license issued pursuant to this Section
may sell all types of intoxicating liquor at retail by the drink to
be consumed upon the premises of a restaurant-bar in the City of Brentwood
between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
[R.O. 2009 §3-8.5; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 4989, 11-1-2021]
A.
Each
application for a Sunday charitable organization license shall contain
the following additional information:
1.
A copy of the Internal Revenue Service approval of the organization's
exemption from the payment of Federal income taxes as a charitable,
fraternal, religious, service or veterans' organization under Section
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10),
501(c)(19), or 501(d) of the United States Internal Revenue Code of
1954, as amended.
B.
A person
having a Sunday charitable organization license issued pursuant to
this Section may sell any type of intoxicating liquor at retail by
the drink to be consumed upon the premises of a charitable organization
in the City of Brentwood between the hours of 6:00 A.M. on Sunday
and 1:30 A.M. on Monday.
[R.O. 2009 §3-8.6; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 4989, 11-1-2021]
A distiller having a Sunday distiller' s retail license issued by the Excise Commissioner pursuant to Section 600.350(A) may sell all types of intoxicating liquor by the drink for consumption on the premises where sold between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
[R.O. 2009 §3-8.7; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 3693 §1, 4-17-2000]
A.
All
applications for licenses and applications for renewals of licenses
required by these Sections shall be obtained from the City Collector
and such applications, when completed by applicants, shall be filed
with the City Collector together with:
1.
A properly executed agreement providing that the licensee shall indemnify
and hold the City harmless for, from and against any and all liability,
loss or damage the City may suffer as a result of claims, demands,
costs or judgments against it arising from any action, neglect, omission
or default of the licensee in the manufacturing, brewing, sale, distribution,
dispensing or serving of alcoholic beverages from the premises in
which the licensee has his/her place of business or from any action,
neglect, omission or default of the licensee in maintaining, controlling
or supervising the premises in which the licensee has his/her place
of business; and
[Ord. No. 4277 §1, 4-4-2011]
A.
Notwithstanding
any other provisions of this Chapter 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 pursuant to this Chapter, may apply to the City Collector for
a special permit to conduct wine, malt beverage and distilled spirit
tastings on the licensed premises. A licensee under this Section shall
pay an additional twenty-five dollars ($25.00) per year payable at
the same time and in the same manner as other license fees.
B.
Nothing
in this Section shall be construed to permit the licensee to sell
wine, malt beverages or distilled spirits for on-premise consumption.
[R.O. 2009 §3-9; Ord. No. 3679 §1(Exh. A), 2-7-2000]
The Excise Commissioner shall investigate all applications for
license for sale of intoxicating liquor by the drink, all applications
for license to sell beer and light wine by the drink and in the original
package and all applications for Sunday license to sell intoxicating
liquor at retail by the drink and shall report, in writing, to the
Board of Aldermen the results of such investigations and make recommendations
concerning the applications.
[R.O. 2009 §3-10; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
Each
application for the sale of intoxicating liquor by the drink or to
sell beer or light wine by the drink and in the original package and
each application for a Sunday license to sell intoxicating liquor
at retail by the drink shall be approved or disapproved by order of
the Board of Aldermen. No person has a natural or inherent right or
privilege to engage in the sale of liquor by the drink and the approval
or disapproval of each application shall be within the sole discretion
of the Board of Aldermen.
B.
Prior
to the approval of the application by the Board of Aldermen, any person
objecting to the issuance of such license may request a public hearing.
The request shall be in writing and specifically state why the license
should not be granted. The Board of Aldermen may, in its discretion,
grant or deny such a request for a public hearing.
C.
Timely
written notice of the hearing shall be given by the City Administrator
or Clerk to the applicant and the party requesting the hearing.
D.
Upon
approval of the Board of Aldermen the Excise Commissioner shall issue
a letter directed to the State Supervisors of Liquor Control of such
approval.
[R.O. 2009 §3-11; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
The
Excise Commissioner shall issue a license to the applicant when the
following requirements have been met:
B.
Each
license issued under the provisions of this Code shall particularly
describe the premises at which intoxicating liquor by the drink may
be sold and shall not be deemed to authorize or permit the sale of
intoxicating liquor by the drink at any place other than that described
therein.
C.
Whenever a license is issued by the Excise Commissioner pursuant to Section 600.190(A) and said license covers premises which describe two (2) or more places where intoxicating liquors are to be sold and consumed, which places are composed of non-adjoining or non-contiguous rooms or areas, the annual license fee set forth in Section 600.190(A) shall be paid for each such non-adjoining or non-contiguous place specified in the license, except, however, that if any charitable, fraternal, religious, service or veterans' organization has a license to sell intoxicating liquor on its premises and such premises includes two (2) or more buildings in close proximity, then only one (1) annual license fee need be paid.
D.
The
license year shall run from July first (1st) to June thirtieth (30th).
New applicants who shall apply for licenses to commence business and
shall commence business before July first (1st) shall pay for such
license one-twelfth (1/12) of the annual fee for every month or part
thereof from the date of issuance to the beginning of the ensuing
license year.
[R.O. 2009 §3-11.1; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 3693 §2, 4-17-2000; Ord. No. 4711 §1, 5-2-2016]
A.
The Excise Commissioner may suspend or revoke any license issued
under this Code for any one (1) or more of the following violations
by the licensee or his/her employee(s):
1.
Failure to prevent or suppress any violent quarrel, disorder,
brawl, fight or other improper or unlawful conduct of any person who
is upon the licensed premises;
2.
Failure to immediately report to the proper law enforcement
authorities an illegal or violent act that has been committed on or
about the licensed premises when the licensee or his/her employee
knew or should have known that said act occurred upon the licensed
premises;
3.
Failure to cooperate fully with law enforcement authorities
during the course of an investigation into an illegal or violent act
that was committed on or about the licensed premises;
4.
Permitting the performance of acts or simulated acts of sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation
or any sex acts which are prohibited by law;
5.
Permitting upon the licensed premises the display of any portion
of the areola of a female breast or permitting a failure to cover
the entire areola and entire front of a female breast with opaque
clothing;
6.
Permitting upon the licensed premises the actual or simulated
touching, caressing or fondling of the breast, buttocks, anus or genitals
of a person;
7.
Permitting upon the licensed premises the actual or simulated
display of the anus, vulva, genital or pubic hair or permitting a
failure to cover pubic hair, anus, vulva or genitals with opaque clothing;
8.
Permitting any person to remain on the licensed premises after
that person has exposed to public view any portion of his/her genitals
or anus or has failed at any time to have and keep opaque clothing
over all parts of his/her genitals and anus;
9.
Permitting upon the licensed premises the display of films,
video programs or pictures depicting acts which are prohibited by
this Chapter or are offenses involving indecency and obscenity as
set forth in the City of Brentwood Code, as amended;
10.
Any violation of the provisions of this Code, including those
provisions of this Code relating to the issuance of licenses, or the
State laws and regulations governing the sale of intoxicating liquor
by the drink.
[R.O. 2009 §3-12; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
The
Excise Commissioner, after public hearing, may suspend or revoke any
license issued under this Code for violations of the provisions of
this Code, subject to and only upon the approval of the Board of Aldermen.
B.
The
Excise Commissioner shall provide a minimum of ten (10) days' notice
in writing to the licensee setting forth the date, time and place
of the hearing.
C.
The
notice shall state the purpose of the hearing and the specific nature
of the violation that is the subject of the hearing.
D.
The
Excise Commissioner shall render his/her decision within five (5)
days from the hearing date and shall forthwith notify the licensee
in writing of his/her decision. Any decision of the Excise Commissioner
suspending or revoking a license shall become effective not later
than five (5) days from the date of decision.
E.
Any
person whose license is suspended or revoked by the Excise Commissioner
may appeal such suspension or revocation to the Board of Aldermen
by filing a written notice of such appeal with the Board of Aldermen
within fifteen (15) days after notice of the Excise Commissioner's
decision. The appeal shall not stay the enforcement of the Excise
Commissioner's decision.
[R.O. 2009 §3-13; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 3693 §3, 4-17-2000]
A.
Licensees
desiring to renew current licenses shall, prior to the expiration
of the license, file with the Excise Commissioner an application for
renewal by the third (3rd) Monday of May of the year in which the
license expires. Upon payment of the license fee, the Excise Commissioner
shall renew the license for an additional license year if the conditions
under which the original license was issued have not changed. The
Excise Commissioner shall notify the Board of Aldermen of all renewed
licenses.
B.
In
the event the Excise Commissioner determines that the conditions under
which the original license was issued have changed, the license shall
not be renewed and the Excise Commissioner shall within ten (10) days
after receipt of the application for renewal forward it to the Board
of Aldermen stating that the license has not been renewed and the
reasons therefor.
C.
The
Board of Aldermen may in its discretion renew or reject the license
for an additional license year and may prescribe conditions for the
renewal thereof.
D.
The
licensee may request a public hearing before the Board of Aldermen
concerning the renewal of the license.
[R.O. 2009 §3-14; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 4989, 11-1-2021]
A.
No
license shall be issued to:
1.
A person or managing officer who is not a resident of the State;
who is not of good moral character and reputation; a person or managing
officer of a corporation who is not of good moral character and a
qualified legal voter and a taxpaying citizen of the County, town,
City or Village wherein he/she resides in the State of Missouri; or
a person, managing officer or corporation not meeting the requirements
of Section 311.060, RSMo., or whose license under this Code has been
revoked for cause; or who at the time of application for renewal of
any license hereunder would not be eligible for such license upon
a first (1st) application.
2.
A person who has been convicted of a violation of any Federal or
State law concerning the manufacture, possession or sale of alcoholic
liquor or of any of the provisions of this Code or any offense involving
moral turpitude or who shall have forfeited his/her bond to appear
in court to answer charges of any such violation.
3.
A person for sale of intoxicating liquor by the drink or for the sale of beer and light wine by the drink and in the original package, on premises where such activity is not permitted by the City of Brentwood Zoning Ordinance, Chapter 400, as amended, nor shall any license be issued for premises which would be detrimental or incompatible with the character and welfare of the surrounding neighborhood.
A.
Persons 18 Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out, intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor but which does not sell intoxicating liquor at retail, persons
at least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail.
4.
Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a.
Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b.
Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5.
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 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.
B.
Sales To Minor — Exceptions.
1.
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.
2.
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.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
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
c.
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.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2.
Any person under the age of twenty-one (21) years who purchases
or attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
a.
"Full information" is limited to the following:
(1)
The type of test administered and the procedures
followed;
(2)
The time of the collection of the blood or breath
sample or urine analyzed;
(3)
The numerical results of the test indicating the
alcohol content of the blood and breath and urine;
(4)
The type and status of any permit which was held
by the person who performed the test;
(5)
If the test was administered by means of a breath-testing
instrument, the date of performance of the most recent required maintenance
of such instrument.
b.
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
3.
Exception.
a.
The provisions of this Subsection shall not apply to a student
who:
(1)
Is eighteen (18) years of age or older;
(2)
Is enrolled in an accredited college or university
and is a student in a culinary course;
(3)
Is required to taste, but not consume or imbibe,
any beer, ale, porter, wine, or other similar malt or fermented beverage
as part of the required curriculum; and
(4)
Tastes a beverage under Subsection (D)(3)(a)(3) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
b.
The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
[Ord. No. 4989, 11-1-2021]
A.
Notwithstanding
any provision of law to the contrary, any person who is licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption
may sell retailer-packaged alcoholic beverages to customers in containers,
filled on such premises by any employee of the retailer who is twenty-one
(21) years of age or older, for off-premises consumption if all the
following requirements are met:
1.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A sealable container does not include a container
with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
6.
The container is either:
B.
Containers that are filled under Subsection (A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
[Ord. No. 4989, 11-1-2021]
No person having a license issued pursuant to this Chapter,
nor any employee of such person, shall sell, give away, or permit
the consumption of any intoxicating liquor in any quantity between
the hours of 1:30 A.M. and 6:00 A.M. upon or about his or her premises.
If the person has a license to sell intoxicating liquor by the drink,
his/her premises shall be and remain a closed place as defined in
this Section between the hours of 1:30 A.M. and 6:00 A.M. Where such
licenses authorizing the sale of intoxicating liquor by the drink
are held by clubs or hotels, this Section shall apply only to the
room or rooms in which intoxicating liquor is dispensed; and where
such licenses are held by restaurants whose business is conducted
in one (1) room only and substantial quantities of food and merchandise
other than intoxicating liquors are dispensed, then the licensee shall
keep securely locked during the hours and on the days specified in
this Section all refrigerators, cabinets, cases, boxes, and taps from
which intoxicating liquor is dispensed. A "closed place" is defined
to mean a place where all doors are locked and where no patrons are
in the place or about the premises. Any person violating any provision
of this Section shall be deemed guilty of an ordinance violation.
Nothing in this Section shall be construed to prohibit the sale or
delivery of any intoxicating liquor during any of the hours or on
any of the days specified in this Section by a wholesaler licensed
under the provisions of Section 311.180, RSMo., to a person licensed
to sell the intoxicating liquor at retail.
[R.O. 2009 §3-18.1; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
CONTROLLED ACCESS LIQUOR CABINET
CONTROLLED ACCESS LIQUOR CABINET SYSTEMS
QUALIFIED ESTABLISHMENT
QUALIFIED PACKAGES OR CONTAINERS
REGISTERED GUEST
ROOM
As
used in this Section, the following terms mean:
A closed container, either refrigerated in whole or in part
or non-refrigerated, access to the interior of which is restricted
by means of a locking device which requires the use of a key as herein
described.
A system for the sale of intoxicating liquor in qualified
packages or containers in the rooms provided for the overnight accommodation
of transient guests in a qualified establishment by means of a controlled
access liquor cabinet and such system shall permit the licensee to
maintain in the rooms provided for the overnight accommodation of
transient guests a controlled access liquor cabinet in which such
licensee may maintain for sale intoxicating liquor in qualified packages
or containers, together with, if desired, other beverages or food
and such system shall permit the adult registered guests of the room
in which such controlled access liquor cabinet is located to use the
key, magnetic card or other similar device to gain access to such
controlled access liquor cabinet to obtain the intoxicating liquor
or other beverages or food for consumption.
Any establishment having at least forty (40) rooms for the
overnight accommodation of transient guests and 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, which restaurant's annual gross food sales for the past two
(2) years immediately preceding its application for a license shall
not have been less than one hundred thousand dollars ($100,000.00)
per year, or if such restaurant has been in operation for less than
two (2) years, such restaurant has been in operation for at least
ninety (90) days preceding the application for license for sale of
intoxicating liquor by means of controlled access liquor cabinets
and has a projected experience based upon its sale of food during
the preceding ninety (90) days which would exceed one hundred thousand
dollars ($100,000.00) per year.
Packages or containers for intoxicating liquor which holds
not less than fifty (50) millimeters and not more than two hundred
(200) milliliters, and any packages or containers for beer or other
malt liquor.
Each person who signs his/her name to the guest register
of the qualified establishment or takes some other equivalent action
for the purpose of registering as a guest of such qualified establishment.
A room in a qualified establishment which is intended to
be used as and which is provided for the overnight accommodation of
transient guests.
B.
Notwithstanding
any other provision 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 and who operates a qualified establishment and who
is licensed to sell liquor by the drink at retail with respect to
such qualified establishment may apply for and the Excise Commissioner
shall issue a license to sell intoxicating liquor in the rooms of
such qualified establishment by means of a controlled access liquor
cabinet system on and subject to the following terms and conditions:
1.
The key, magnetic card or other similar device required to attain
access to the controlled access liquor cabinet in a particular room
may be provided only to each adult registered guest who is registered
to stay in such room.
2.
Prior to providing a key, magnetic card or other similar device required
to attain access to the controlled access liquor cabinet in a particular
room to the registered guest, the licensee shall verify that each
such registered guest to whom such key, magnetic card or similar device
is to be provided is at least twenty-one (21) years of age.
3.
All employees handling the intoxicating liquor to be placed in the
controlled access liquor cabinet, including without limitation any
employee who inventories and/or restocks and replenishes the intoxicating
liquor in the controlled access liquor cabinet, shall be at least
eighteen (18) years of age and shall obtain such employee permits
as the City, County or other local governmental entity in which the
qualified establishment is located requires to be obtained by employees
of the restaurant operated at such qualified establishment; provided
however, that no such employee permits shall be required of any employee
who handles the intoxicating liquor in the original case and who does
not open such original case.
4.
Registered guests may use the key, magnetic card or other similar
device required to attain access to the controlled access liquor cabinet
in such registered guest's room at any time; provided however, that
no controlled access liquor cabinet may be restocked or replenished
with intoxicating liquor, nor shall any intoxicating liquor be delivered
to a room in order to restock or replenish the supply of intoxicating
liquor in the controlled access liquor cabinet at any time when the
restaurant operated at the qualified establishment is not permitted
to sell liquor by the drink at retail pursuant to the provisions of
this Chapter.
5.
Upon request from the registered guest at any time, the qualified
establishment shall cause all intoxicating liquor to be removed from
the controlled access liquor cabinet in the room of such registered
guest as soon as reasonably practicable.
6.
The qualified establishment shall have the right to collect payment
for the intoxicating liquor or other beverages or food taken from
the controlled access liquor cabinet in the room of a registered guest
in such manner as it shall determine to be appropriate including,
without limitation, the inclusion of such charges together with the
charges made to such registered guest for the use of the room or for
the purchase of meals at the restaurant operated at such qualified
establishment.
C.
Any
new qualified establishment having been in operation for less than
ninety (90) days may be issued a temporary license to sell intoxicating
liquor in the rooms of such qualified establishment by means of a
controlled access license cabinet system for a period not to exceed
ninety (90) days if such establishment can show a projection of an
annual business from prepared meals or food which would exceed not
less than one hundred thousand dollars ($100,000.00) per year.
D.
In
addition to any right to sell granted pursuant to any other provision
of this Chapter, a duly licensed wholesaler shall be permitted to
sell intoxicating liquor to a qualified establishment in any size
of qualified packages or containers for use in a controlled access
liquor cabinet system, provided however, that as to any size of qualified
packages or containers which could not be legally sold to the qualified
establishment except for the provisions of this Section, any such
size of qualified packages or containers shall be sold by the qualified
establishment only by means of the controlled access liquor cabinet
system.
A.
No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within one hundred fifty (150) feet of any school,
church or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within one hundred
fifty (150) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted pursuant to this Section until at least ten (10)
days' written notice has been provided to all owners of property within
one hundred fifty (150) feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Excise Commissioner for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Excise Commissioner for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
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 Excise Commissioner 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 Excise Commissioner, 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.
[R.O. 2009 §3-21; Ord. No. 3679 §1(Exh. A), 2-7-2000]
Any person licensed to sell intoxicating liquor by the drink
or to sell beer and light wine by the drink and in the original package
under the provisions of this Code may, upon application to the Board
of Aldermen, be authorized to change the location of his/her place
of business during the term of such license, provided that the proposed
new location complies with all the conditions prescribed in this Code
relating to the location where intoxicating liquor by the drink or
beer and light wine by the drink and in the original package may be
sold.
[R.O. 2009 §3-22; Ord. No. 3679 §1(Exh. A), 2-7-2000]
It shall be unlawful for the holder of the license authorized
by this Code for the sale of any intoxicating liquor by the drink
or the sale of beer and light wine by the drink and in the original
package to keep or secrete, or to allow any person to keep or secrete
in or upon the premises described in such license, any intoxicating
liquor except for the character and kind expressly authorized to be
sold by such particular license.
[1]
Editor's Note: Former Section 600.330, Employment of Individuals
Convicted of a Felony, which derived from R.O. 2009 §3-24.1; Ord. No. 3679 §1(Exh. A), 2-7-2000, was repealed 11-1-2021 by Ord. No. 4989.
[R.O. 2009 §3-25; Ord. No. 3679 §1(Exh. A), 2-7-2000]
It shall be unlawful for any manufacturer, brewer or distiller of intoxicating liquor or any wholesaler dealer therein, either directly or indirectly, to sell or deliver intoxicating liquor of any kind to any person not licensed under the provisions of this Code to sell such intoxicating liquor by the drink at retail, except, however, that this provision shall not apply to any manufacturer, brewer or distiller of intoxicating liquor or any wholesaler dealer with both a microbrewer's license under Section 600.380 of this Code, as amended, and a license to sell either intoxicating liquor by the drink or beer and light beer by the drink and in the original package or to a winery licensed under Section 600.380 of this Code, as amended.
[Ord. No. 4989, 11-1-2021]
A.
Distillers,
wholesalers, winemakers, brewers or their employees, officers or agents
shall not, except as provided in this Section, directly or indirectly,
have any financial interest in the retail business for sale of intoxicating
liquors, and shall not, except as provided by State law and in this
Section, directly or indirectly, loan, give away or furnish equipment,
money, credit or property of any kind, except ordinary commercial
credit for liquors sold to such retail dealers. However, notwithstanding
any other provision of this Chapter to the contrary, for the purpose
of the promotion of tourism, a distiller whose manufacturing establishment
is located within this City may apply for and the Excise Commissioner
may issue a license to sell intoxicating liquor, as in this Chapter
defined, by the drink at retail for consumption on the premises where
sold; and provided, further, that the premises so licensed shall be
in close proximity to the distillery. The authority for the collection
of fees by Cities and Counties as provided in Section 311.220, RSMo.,
and all other 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
in the same manner as they apply to establishments licensed.
B.
Distillers,
wholesalers, brewers and winemakers, or their officers or directors
shall not require, by agreement or otherwise, that any retailer purchase
any intoxicating liquor from such distillers, wholesalers, brewers
or winemakers to the exclusion in whole or in part of intoxicating
liquor sold or offered for sale by other distillers, wholesalers,
brewers, or winemakers.
C.
Distillers,
wholesalers, winemakers, brewers or their employees or officers shall
be permitted to make contributions of money or merchandise to a licensed
retail liquor dealer that is a charitable, fraternal, civic, service,
veterans', or religious organization as defined in Section 313.005,
RSMo., or an educational institution if such contributions are unrelated
to such organization's retail operations.
D.
A brewer
or manufacturer, its employees, officers or agents may have a financial
interest in the retail business for sale of intoxicating liquors at
entertainment facilities owned, in whole or in part, by the brewer
or manufacturer, its subsidiaries or affiliates including, but not
limited to, arenas and stadiums used primarily for concerts, shows
and sporting events of all kinds.
E.
For
the purpose of the promotion of tourism, a wine manufacturer, its
employees, officers or agents located within this State may apply
for and the Excise Commissioner may issue a license to sell intoxicating
liquor, as defined in this Chapter, by the drink at retail for consumption
on the premises where sold, if the premises so licensed is in close
proximity to the winery. Such premises shall be closed during the
hours specified under Section 311.290, RSMo., and may remain open
between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
[R.O. 2009 §3-27; Ord. No. 3679 §1(Exh. A), 2-7-2000]
No holder of a license under this Code or any person shall hold
for any purpose whatsoever, or mix or permit, or cause to be mixed
with any intoxicating liquor except for sale, sold or supplied by
him/her as a beverage, a drug or form of methyl alcohol or impure
form of alcohol.
A.
No
person holding a license or permit shall sell malt liquor, or any
other intoxicating liquor in this State, or shall offer for sale any
such malt liquor, or other intoxicating liquor whatsoever, brewed,
manufactured or distilled by one manufacturer, in substitution for,
or with the representation that any such malt liquor or other intoxicating
liquor, is the product of any other brewer, manufacturer or distiller.
Whosoever shall violate the provisions of this Section shall be deemed
guilty of an ordinance violation.
B.
Notwithstanding the provisions of Subsection (A) of this Section, no person holding a license or permit shall be deemed guilty of an ordinance violation for offering for sale, or for the sale of, wine or brandy so long as the manufacturer of the brandy or the wine manufacturer has provided the Excise Commissioner with a copy of the certificate of label approval issued by the Alcohol and Tobacco Tax and Trade Bureau and, if necessary, has properly registered such label or name with the appropriate State agency.
[R.O. 2009 §3-29; Ord. No. 3679 §1(Exh. A), 2-7-2000; Ord. No. 3693 §4, 4-17-2000; Ord. No. 3788 §1, 8-20-2001; Ord. No. 3996 §1, 11-21-2005]
A.
No
license shall be issued for the sale of intoxicating liquor in the
original package, not to be consumed upon the premises where sold,
except to a person engaged in, and to be used in connection with,
the operation of one or more of the following businesses: a drug store,
a cigar and tobacco store, a grocery store, a general merchandise
store, a confectionery or delicatessen store, nor to any such person
who does not have and keep in his/her store a stock of goods having
a value according to invoices of at least one thousand dollars ($1,000.00),
exclusive of fixtures and intoxicating liquors. Under such license,
no intoxicating liquor shall be consumed on the premises where sold
nor shall any original package be opened on the premises of the vendor
except as otherwise provided in this law. For every license for sale
at retail in the original package, the licensee shall pay to the City
Collector the sum of one hundred twenty-five dollars ($125.00) per
year.
B.
For
every license issued for the sale of malt liquor and light wine at
retail by the drink for consumption on the premises where sold, the
licensee shall pay to the City Collector the sum of fifty-two dollars
fifty cents ($52.50) per year.
C.
For
every license to sell malt liquor and light wine at retail by the
drink for consumption on the premises where sold is a club, the license
fee which shall be paid to the City shall be the sum of fifty dollars
($50.00) per year.
D.
If
the applicant for a license to sell intoxicating liquor of alcoholic
content in excess of five percent (5%) by weight at retail by the
drink for consumption on the premises of the licensee is a club, the
license fee which shall be paid to the City shall be in the sum of
one hundred fifty dollars ($150.00) per year, which license shall
be limited to the retail sale of intoxicating liquor by the drink.
This Subsection shall have no application to the sale of beer on special
occasions when the Board of Aldermen prior to such special occasion
has duly passed a resolution wherein the date, occasion and location
are explicitly set forth in such resolution.
E.
For
every license issued for the sale of intoxicating liquor in the form
of five percent (5%) beer and light wine and in that form only sold
at retail in the original package not to be consumed on the premises
where sold, the licensee shall pay to the City the sum of twenty-two
dollars fifty cents ($22.50) per year. No such license shall be issued
except to a person engaged in and to be used in connection with one
(1) or more of the following businesses: An establishment operated
primarily as a retail package liquor store, a drugstore, a cigar and
tobacco store, a grocery store, a confectionery or a delicatessen
store and a service station.
F.
For
every license issued for the sale of all types of intoxicating liquor
and malt beverages at retail by the drink for consumption on the premises
of the licensee, the licensee shall pay to the City Collector the
sum of three hundred seventy-five dollars ($375.00) per year, which
shall include the sale of intoxicating liquor in the original package
not for consumption on the premises where sold.
G.
(Reserved)
H.
An
additional license fee of one hundred dollars ($100.00) per year shall
be charged for licenses permitting sales of intoxicating liquors by
the drink on Sundays payable to the City Collector.
I.
An
additional license fee of three hundred dollars ($300.00) per year
shall be charged for licenses permitting sales of intoxicating liquors
in the original package at retail on Sundays payable to the City Collector.
J.
For
every license issued for the manufacture, brewing, distilling or fermenting
of intoxicating liquors of all kinds, which shall include the sale
of such liquor at wholesale to wholesalers only, the licensee shall
pay to the City Collector the sum of three hundred dollars ($300.00)
per year.
K.
For
every license issued for the manufacture, brewing, distilling or fermenting
of intoxicating liquors containing not in excess of twenty-two percent
(22%) alcohol by weight, which shall include the sale of such liquor
at wholesale to wholesalers only, the licensee shall pay to the City
Collector the sum of one hundred fifty dollars ($150.00) per year.
L.
For
every license issued for the manufacture, brewing, distilling or fermenting
of malt liquor containing not in excess of five percent (5%) alcohol
by weight, which shall include the sale of such malt liquor at wholesale
to wholesalers only, the licensee shall pay to the City Collector
the sum of one hundred fifty dollars ($150.00) per year.
M.
For
every license issued for the sale of intoxicating liquors of all kinds
at wholesale, which shall include bottling and packaging of intoxicating
liquor, the licensee shall pay to the City Collector the sum of three
hundred seventy-five dollars ($375.00) per year.
N.
For
every license issued for the sale of intoxicating liquor containing
not in excess of twenty-two percent (22%) alcohol by weight at wholesale,
which shall include bottling and packaging of such liquors, the licensee
shall pay to the City Collector the sum of one hundred fifty dollars
($150.00) per year.
O.
For
every license issued for the sale of malt liquors containing not in
excess of five percent (5%) alcohol by weight at wholesale, which
shall include bottling and packaging of such liquors, the licensee
shall pay to the City Collector the sum of seventy-five dollars ($75.00).
[R.O. 2009 §3-30; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A license authorizing the sale of intoxicating liquor for consumption
on the premises where sold may be issued to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for the sale of such intoxicating liquor at a picnic, bazaar, fair
or similar gathering. The license shall be issued only for the day
or days designated therein, but in no case shall such a license be
issued to any one (1) club or organization for more than seven (7)
days during any calendar year. For each such license issued, the licensee
shall pay the sum of one dollar ($1.00).
The Excise Commissioner may issue a temporary permit to caterers
and other persons holding licenses to sell intoxicating liquor by
the drink at retail for consumption on the premises pursuant to the
provisions of this Chapter who furnish provisions and service for
use at a particular function, occasion or event at a particular location
other than the licensed premises, but not including a festival as
defined in Chapter 316, RSMo. The temporary permit shall be effective
for a period not to exceed one hundred sixty-eight (168) consecutive
hours, and shall authorize the service of alcoholic beverages at such
function, occasion or event during the hours at which alcoholic beverages
may lawfully be sold or served upon premises licensed to sell alcoholic
beverages for on-premises consumption. For every permit issued pursuant
to the provisions of this Section, the permittee shall pay to the
Excise Commissioner the sum of one dollar ($1.00) for each calendar
day, or fraction thereof, for which the permit is issued.
[R.O. 2009 §3-31; Ord. No. 3679 §1(Exh. A), 2-7-2000]
Except as provided for in this Code, the Excise Commissioner
is directed to issue a proper liquor license upon application to him/her
presented by the holder of a State liquor license or permit for the
same type license and same location as stated on said permit and upon
payment to the City of the license fee herein proposed and upon payment
to the Excise Commissioner a one dollar ($1.00) fee. All fees stated
herein shall be paid into the General Revenue Fund.
[R.O. 2009 §3-33; Ord. No. 3679 §1(Exh. A), 2-7-2000]
Every person who shall violate any of the provisions of this Chapter shall be guilty of an ordinance violation and shall upon conviction be punished as set out in Section 100.080 of this Code.
[R.O. 2009 §3-34; Ord. No. 3679 §1(Exh. A), 2-7-2000]
A.
No
person holding a license to sell intoxicating liquor by the drink
at retail or beer and light wine by the drink and in the original
package, who accepts delivery of such beer or liquor at premises located
in that portion of St. Louis County outside of the incorporated Cities,
Towns and Villages, shall make payment for such beer or liquor with
United States currency or double endorsement checks at said location,
provided however, that payment with United States currency shall be
lawful and proper at the wholesale vendor's place of business.
B.
Retail
intoxicating liquor or beer and light wine licenses or having been
notified in writing by a wholesaler that a check, draft, money order
or script given in payment to such wholesaler for such delivered beer
or liquor has been dishonored, shall, within three (3) days after
receipt of such notice, make good such dishonored check, draft, money
order or script. Upon the failure of such retailer to satisfy such
indebtedness within said time, the Excise Commissioner shall suspend
the license of such retailer for a period of three (3) days for a
first (1st) violation, one (1) week for a second (2nd) violation within
six (6) months of the first (1st) violation and shall revoke such
license for a third (3rd) violation occurring within one (1) year.
[R.O. 2009 §3-35; Ord. No. 3679 §1(Exh. A), 2-7-2000]
It shall be unlawful for the holder of the license authorized
by this Code for the sale of any intoxicating liquor by the drink
or the sale of beer and light wine by the drink and in the original
package or his/her agent or employee to permit the overcrowding or
admittance of any person beyond the maximum occupant load as posted
on the premises by the office of fire and accident prevention in accordance
with the provisions of the current City Building Codes or to allow
any condition to exist which may cause obstruction of any exit path,
exit component or exit door.
