[Ord. No. 2021-012, 9-9-2021]
A. Alcohol
is, by law, an age-restricted product that is regulated differently
than other products. The provisions of this Chapter establish vital
regulation of the sale and distribution of alcoholic beverages in
order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
B. To
the extent that any provision of this Chapter is inconsistent with
Missouri Statutory Law or Division of Alcohol and Tobacco Control
regulation, this Chapter shall be deemed to be amended to conform
to such law and it is the intent of this Chapter to allow the City
to utilize the liquor laws to the maximum extent authorized by law,
not inconsistent with the specific provisions thereof.
[Ord. No. 2021-012, 9-9-2021]
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including 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 (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
ORIGINAL PACKAGE
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.
PERSON
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests 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; or a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales; or a seasonal resort
restaurant with food sales as determined in Subsection (2) of Section
311.095, RSMo. Any facility which is owned and operated as a part
of the resort may be used to sell intoxicating liquor by the drink
for consumption on the premises of such facility and, for the purpose
of meeting the annual gross food receipts requirements of this definition,
if any facility which is a part of the resort meets such requirement,
such requirement shall be deemed met for any other facility which
is a part of the resort.
RESTAURANT BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
The sale of any intoxicating liquor except malt liquor, 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 and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[Ord. No. 2021-012, 9-9-2021]
A. No person shall sell or offer for sale intoxicating liquor in the
City of Northmoor without a currently valid liquor license issued
by the City. A separate liquor license shall be required for each
of the categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein.
B. General Licenses. Any person possessing the qualifications and meeting
the requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor:
1.
Package liquor — malt liquor only: sales of malt liquor at retail by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold. This license may include Sunday sales as set out in Subsection
(C).
2.
Package liquor — all kinds: sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection
(B)(1) of this Section.
3.
Liquor by the drink — malt liquor/light wine only: sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(4) of this Section.
4.
Malt liquor by the drink: sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales as set out in Subsection
(C).
5.
Liquor by the drink — all kinds: sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection
(B)(2) of this Section.
C. Sunday Sales. Except for any establishment that may apply for a license
under Section 311.089, RSMo., any person possessing the qualifications
and meeting the requirements of this Chapter who is licensed to sell
intoxicating liquor at retail may apply to the City for a special
license to sell intoxicating liquor at retail between the hours of
6:00 a.m. on Sundays and 1:30 a.m. on Mondays.
D. Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section
600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(2) and
(C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3.
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes, provided no sales transactions take place. For purposes of this Subsection
(D)(3),
a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide, furnish, or pour distilled spirits,
wine, or malt beverage samples for customer tasting purposes on any
temporary licensed retail premises as described in Sections 311.218,
311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax-exempt
organization's licensed premises as described in Section 311.090,
RSMo.
c.
Any Winery, Distiller, Etc., May Provide Or Furnish Distilled
Spirits, Wine Or Malt Beverage Samples On A Licensed Retail Premises
- When.
(1) Notwithstanding any other provisions of this Chapter
to the contrary, any winery, distiller, manufacturer, wholesaler,
or brewer or designated employee may provide or furnish distilled
spirits, wine or malt beverage samples on a licensed retail premises
for customer tasting purposes so long as the winery, distiller, manufacturer,
wholesaler, or brewer or designated employee has permission from the
person holding the retail license. The retail licensed premises where
such product tasting is provided shall maintain a special permit in
accordance with Section 311.294, RSMo., or hold a by-the-drink for-consumption-on-the-premises-where-sold
retail license. No money or anything of value shall be given to the
retailers for the privilege or opportunity of conducting the on-the-premises
product tasting.
(2) Distilled spirits, wine, or malt beverage samples
may be dispensed by an employee of the retailer, winery, distiller,
manufacturer or brewer or by a sampling retained by the retailer,
winery, distiller, manufacturer or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control.
(3) Any distilled spirits, wine, or malt beverage sample
provided by the retailer, winery, distiller, manufacturer, wholesaler,
or brewer remaining after the tasting shall be returned to the retailer,
winery, distiller, manufacturer, wholesaler, or brewer.
[CC 1964 §480.160; Ord. No. 2019-008, 6-5-2019; Ord. No.
2019-016, 11-7-2019; Ord. No. 2020-010, 7-2-2020; Ord. No. 2021-012, 9-9-2021]
A. Package Sales, Limitations. 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 (1) or more of the
following businesses: a drugstore, a cigar and tobacco store, a grocery
store, a general merchandise store, a confectionery or delicatessen
store, nor to any 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 Chapter or law.
C. Temporary Permit For Sale By Drink — Certain Organizations.
1.
Notwithstanding any other provision of this Chapter, a permit
for the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization, or a nonprofit entity registered to do business in Missouri,
for the sale of such intoxicating liquor at a picnic, bazaar, fair
or similar gathering. The permit shall be issued only for the day
or days named therein, and it shall not authorize the sale of intoxicating
liquor for more than seven (7) days by any such club or organization.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 6:00 A.M.
3.
At the same time that an applicant applies for a permit under
the provisions of this Subsection, the applicant shall notify the
Director of Revenue of the holding of the event by certified mail
and by such notification shall accept responsibility for the collection
and payment of any applicable sales tax.
4.
No provision of law or rule or regulation of the City shall
be interpreted as preventing any wholesaler or distributor from providing
customary storage, cooling or dispensing equipment for use by the
permit holder at such picnic, bazaar, fair or similar gathering.
D. Operating Hours, Days.
1.
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. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a "closed place" as defined in Section
600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one room only, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
2.
When January 1, March 17, July 4 or December 31 falls on Sunday
and on the Sundays prior to Memorial Day and Labor Day and on the
Sunday on which the national championship game of the National Football
League is played, commonly known as "Super Bowl Sunday," any person
having a license to sell intoxicating liquor by the drink may be open
for business and sell intoxicating liquor by the drink under the provisions
of his/her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of this Chapter to the contrary.
E. Number Of Licenses Limited.
1.
No license for the sale of any and all kinds of intoxicating liquor by the drink for consumption on the premises as set forth in Section
600.020(B)(5) shall be granted or issued when the granting thereof shall increase the number of such licenses outstanding and in force at that time to more than three (3).
2.
No license for the sale at retail of any and all kinds of intoxicating liquor in the original package not for consumption on the premises where sold as set forth in Section
600.020(B)(2) shall be granted or issued when the granting thereof shall increase the number of such licenses outstanding and in force at that time to more than one (1).
3.
No license for the sales of malt liquor and light wines at retail by the drink for consumption on the premises as set forth in Section
600.020(B)(3) shall be granted or issued when the granting thereof shall increase the number of such licenses outstanding and in force at that time to more than one (1).
F. General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted
on the premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
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 Chapter, may
make application and the Clerk 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.
Whenever one (1) or more members of a partnership withdraws from the
partnership, the Clerk, 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.
4.
In the event any licensee desires to change the location of
his/her place of business in the City, it shall be necessary for him/her
to file an application in the same manner as herein provided for an
original application, except that no additional fee shall be charged,
and the amended license, describing the new location, shall be issued
immediately upon the approval of the application by the Board. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
5.
No license shall be issued under this Chapter for a place commonly
known as a "saloon" nor in any place or building, or room where there
are blinds, screens, swinging doors, curtains or any other thing that
will obstruct or obscure the view of the public of the interior of
such place; provided, further, that no intoxicating liquor of any
kind or description shall be sold or served in any of the above defined
places or upon such premises.
6.
Every licensee shall keep displayed prominently at all times
on its licensed premises any City license designating the premises
as a place licensed by the City to sell intoxicating liquors. Nonetheless,
no application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. Within ten (10) days from the issuance
of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
H. Fees Taken In Lieu Of Proportionate Part Of Merchant's Tax And Ad
Valorem Tax. The fees to be charged under the provisions of this Section
shall be taken in lieu of the proportionate part of any merchant's
license fee and ad valorem tax for the stock and sales of intoxicating
liquor or non-intoxicating beer under the provisions of this or any
other ordinance of the City, and the aggregate amount of the sales
thereof made by any licensee hereunder shall not be returned by such
merchant for purposes of merchant's license or ad valorem tax, nor
shall such stock of sales be included in the computation of any merchant's
license or ad valorem tax.
[Ord. No. 2021-012, 9-9-2021]
A. Notwithstanding any provision of this 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 Subsection,
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 placed in a one-time-use, tamperproof,
transparent bag that is securely sealed; or the container opening
is sealed with tamperproof tape.
For purposes of this Subsection, "tamperproof' means that a
lid, cap, or seal visibly demonstrates when a bag or container has
been opened.
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."
C. The filling of a container under this Section shall be in compliance
with Section 3-304.17(c) of the 2009 Food and Drug Administration
Food Code.
D. No provision of this Section shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection
A of this Section to any person who is licensed to sell intoxicating liquor at retail.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
[Ord. No. 168 §3, 1-8-1980]
A. Filing And Approval Of An Application.
1. Each application for a license shall be filed with the City Clerk
on a form to be 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.
2. Upon approval of any application for a license, the Clerk shall grant
the applicant a license to conduct business in the City for a term
to expire with the 30th day of June next succeeding the date of such
license, unless such license be revoked or suspended for cause before
the expiration of such time.
B. Qualifications For Licenses.
1. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the County or City, 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 County or City; and, except as otherwise provided under Subsection
(G) of this Section, no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the 21st Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked unless five (5) years have passed since the revocation as provided under Subsection
(F) of this Section, or who has been convicted of violating such law since the date aforesaid; provided that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State.
2. Additional Requirements; Exceptions.
a. No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership or such corporation, or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this Chapter shall have had a license revoked under this Chapter except as otherwise provided under Subsections
(F) and
(G) of this Section, or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st Amendment to the Constitution of the United States, or shall not be a person of good moral character.
b. No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor. The Division of Alcohol and Tobacco
Control shall promulgate rules to enforce the provisions of this Subsection.
c. No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in this
Section.
C. A "resident corporation" is defined to be a corporation incorporated
under the laws of this State, all the officers and directors of which,
and all the stockholders, who legally and beneficially own or control
sixty percent (60%) or more of the stock in amount and in voting rights,
shall be qualified legal voters and taxpaying citizens of the county
and municipality in which they reside and who shall have been bona
fide residents of the State for a period of three (3) years continuously
immediately prior to the date of filing of application for a license,
provided that a stockholder need not be a voter or a taxpayer, and
all the resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this Chapter; provided that no corporation
licensed under the provisions of this Chapter on January 1, 1947,
nor any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code, shall be disqualified by reason of the new requirements
herein, except corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight,
or owned or controlled, directly or indirectly, by non-resident persons,
partnerships or corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight.
D. The
term "financial interest" as used in this Chapter is defined to mean
all interest, legal or beneficial, direct or indirect, in the capital
devoted to the licensed enterprise and all such interest in the net
profits of the enterprise, after the payment of reasonable and necessary
operating business expenses and taxes, including interest in dividends,
preferred dividends, interest and profits, directly or indirectly
paid as compensation for, or in consideration of interest in, or for
use of, the capital devoted to the enterprise, or for property or
money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
E. The
City Clerk shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the City Clerk.
F. Any
person whose license or permit issued under this Chapter has been
revoked shall be automatically eligible to work as an employee of
an establishment holding a license or permit under this Chapter five
(5) years after the date of the revocation.
G. Any person whose license or permit issued under this Chapter has
been revoked shall be eligible to apply and be qualified for a new
license or permit five (5) years after the date of the revocation.
The person may be issued a new license or permit at the discretion
of the Division of Alcohol and Tobacco Control. If the City denies
the request for a new permit or license, the person may not submit
a new application for five (5) years from the date of the denial.
If the application is approved, the person shall pay all fees required
by law for the license or permit. Any person whose request for a new
license or permit is denied may seek a determination by the Administrative
Hearing Commission as provided under Section 311.691, RSMo.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
[Ord. No. 121 §481.370, 3-4-1975]
No premises for which a license shall have been issued hereunder
shall have affixed to the exterior thereof more than one (1) sign
and any such sign shall be first approved by the Board of Aldermen
of the City.
[Ord. No. 121 §481.380, 3-4-1975]
It shall be unlawful for any licensee to keep or maintain any
premises unless at any place in the building where alcoholic beverages
are consumed there is light of at least five (5) candlepower.
[Ord. No. 2019-010, 7-3-2019]
A. No sales-by-drink licensee nor employee of the licensee shall permit
a person less than twenty-one (21) years of age to enter or remain
upon the licensed premises, except that this prohibition shall not
apply to:
1.
A sales-by-drink licensed premises which qualifies as a restaurant
bar as defined by this Section;
2.
A person between eighteen (18) and twenty-one (21) years of age providing or assisting in providing playing and singing of music solely upon the licensed premises as provided for in Section
600.070;
3.
A person accompanied by parent or lawful guardian;
4.
A sales-by-drink licensed premises meeting the definition of
a special event or concert venue and all of the following are met:
a.
A security plan/arrangement on file with the City of Northmoor;
b.
All persons attending the event are required to be identified
by a non-transferable marking or device indicating that they are under
the age of twenty-one (21) and/or twenty-one (21) and older; and
c.
Any other requirements as determined by the City of Northmoor
as needed to maintain public safety.
5.
A sales-by-drink licensed premises whose total alcohol is no
greater than fifty percent (50%) of total gross sales for the establishment
(examples include but are not limited to, golf courses, bowling alleys
and theaters) so long as no person is semi-nude or performs semi-nude
on the premises.
6.
Any minor pursuant to an authorized purpose as set forth in Section
600.060.
B. As used herein, the term "restaurant bar" shall mean 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.