Editor's Note — Ord. No. 2714 §1, adopted December 19, 2005, repealed ch. 600 "alcoholic beverages" and enacted new provisions set out herein. Former ch. 600 derived from ord. no. 1319 art. I — XII, 7-20-87; ord. no. 1662 §§1 — 2, 6-21-93; ord. no. 2507 §1, 11-18-02; ord. no. 2622 §1, 10-20-03.
[Ord. No. 2714 §1, 12-19-2005; Ord. No. 3012, 8-16-2010]
In this Chapter, unless the context requires otherwise, the following words shall have these ascribed meanings:
ADJACENT PROPERTY
Parcels of ground having a common property line, except that any intervening street, alley, highway or other public highway or other public thoroughfare shall be disregarded.
ALCOHOLIC BEVERAGE
Any intoxicating liquor, malt liquor, beer, wine or non-intoxicating beer.
CATERER
Any person who, having a licensed premise, furnishes provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premise.
CHIEF OF POLICE
The Chief of Police of the City or his/her duly authorized representative.
CHURCH
A building or structure regularly and primarily used as a place of worship by any religious society, organization or congregation, regardless of whether or not such building or structure was originally designed and constructed for such purpose.
CITY
The City of Pleasant Valley, Missouri.
CLOSED PLACE
A place where all entrances are locked and where no patrons are in the place or about the premises.
DWELLING
Any building or portion thereof that is not a hotel or motel which contains one (1) or more dwelling units or guest rooms that are used or designed to be used for living or sleeping purposes.
DWELLING UNIT
One (1) or more habitable rooms that are occupied or are intended or designed to be occupied by one (1) family with facilities for living, sleeping, cooking and eating.
FRONTS
The part of the building or structure where the principal entrance of the building or structure affording access to the premises for the public opens upon the street.
INTOXICATING LIQUOR
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 preparation or mixtures for beverage purposes containing in excess of three and two-tenths percent (3.2%) of alcohol by weight.
LICENSEE
The holder of any license issued under the provisions of this Chapter.
LIQUOR LICENSE
The license that every person must obtain from the Board of Aldermen before engaging in or continuing to engage in the business of manufacturing, distilling, brewing, distributing or selling at wholesale or retail, either by the package or by the drink, any alcoholic beverages within the City.
LIQUOR LICENSE OFFICER
The Chief of Police.
MALT LIQUOR
Any beverage manufactured from pure hops, pure extract of hops or pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water; free from all harmful substances, preservatives and adulterants; and having an alcoholic content in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight.
MANAGING OFFICER
The person who has active management and control of the premises, who may be designated by the corporation as the managing officer, who would be eligible as an individual to receive a license for the sale of alcoholic beverages and who has been a resident of the State of Missouri for one (1) year.
MECHANICAL AMUSEMENT DEVICE
Any machine or device upon which the insertion of a coin, slug or disc may be operated by the public generally for use as a game or amusement including, but not limited to, marble machines, billiard tables, pinball machines, skill ball, mechanical grab machines and other similar games.
MICROBREWERY
A business which has as its primary activity the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less, as defined by Section 311.195, RSMo.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water; free from all harmful substances, preservatives and adulterants; having an alcoholic content of more than one-half of one percent (0.5%) by volume; and not exceeding three and two-tenths percent (3.2%) of alcohol by weight.
ORIGINAL PACKAGE
1. 
For malt liquor or non-intoxicating beer, any package containing three (3) or more standard bottles of malt liquor or non-intoxicating beer. A standard bottle is any bottle or can containing sixteen (16) ounces or less of malt liquor or non-intoxicating beer.
2. 
For intoxicating liquor, any quantity in the manufacturer's original container.
PERSON
Includes any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal court.
POLICE CHARACTER
A person who by reason of his unlawful conduct or activities is known to the Police and is or may be under Police surveillance and is or may be liable to arrest at any time; provided however, that if such person has been arrested during the past five (5) years, he may at the discretion of the Chief of Police be considered no longer a Police character.
PREMISES
The bounds of the enclosure where alcoholic beverages are sold or consumed.
RESORT
Any establishment having at least forty (40) 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 means 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 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 means a seasonal resort restaurant with food sales as determined in Section 311.095.2, RSMo., or means a new restaurant establishment having been in operation for at least ninety (90) days preceding the application for such license, with a projected experience based upon its sale of food during the preceding ninety (90) days which would exceed not less than one hundred thousand dollars ($100,000.00) per year or a new restaurant establishment having been in operation for less than ninety (90) days.
RESTAURANT/BAR
An establishment having a restaurant or similar facility on the premise, at least fifty percent (50%) of the gross annual income of which is derived from the sale of prepared food or meals consumed on premises; or which has an annual income of at least two hundred seventy-five thousand dollars ($275,000.00) from the sale of prepared meals or food consumed on such premises.
RETAILER
Any person engaged in the businesses of selling alcoholic beverages directly to the ultimate consumer at retail.
SALE BY THE DRINK
The sale of alcoholic beverages at retail for consumption on the premises where sold.
SCHOOL
Any building that is regularly used as a public, private or parochial elementary school, high school, college, university, professional school, business or secretarial school.
SUBSTANTIAL QUANTITIES OF FOOD
The amount of prepared meals or food consumed on the premises, the sale of which accounts for at least fifty percent (50%) of an establishment's gross income as derived during the three (3) most recent preceding calendar months.
WHOLESALER OR DISTRIBUTOR
Any person selling alcoholic beverages to duly licensed retailers for resale.
WINE
Any beverage manufactured exclusively from grapes, berries and other fruits and vegetables. Light wine is wine containing not in excess of fourteen percent (14%) of alcohol by weight.
[1]
State Law Reference — For similar provisions see RSMo. §§311.095 and 311.100.
[Ord. No. 2714 §1, 12-19-2005]
A. 
The Liquor License Officer shall exercise all powers as they relate to the administration of this Chapter with respect to the processing of applications for liquor licenses; and it shall be his/her duty to:
1. 
Oversee all forms of applications and liquor licenses in compliance with the provisions of this Chapter and such other forms as are necessary to carry out the provisions of this Chapter.
2. 
Process liquor license applications.
3. 
Keep a record of all initial and subsequent investigations of liquor license applications.
4. 
Make a full and complete report of any activity related to liquor license compliance to the Mayor and Board of Aldermen as it occurs.
5. 
Investigate and determine the eligibility of any applicant for a liquor license as described in this Chapter. Submit all applications for liquor licenses to interested City Officials for their review as to compliance by the applicant with all City regulations.
6. 
Make sure reasonable rules, regulations, orders and directions as may be necessary and feasible for carrying out the duties of his office and as are not inconsistent with the provisions of this Chapter.
7. 
During the annual renewal period for all liquor licenses, update background, fingerprint and photograph information for any change in management. Deliver updated records to the City Clerk's office for safekeeping.
8. 
Examine the books and records of any applicant or licensee when reasonably necessary to determine the eligibility of the person applying for a license or a license renewal or to determine that the provisions of this Chapter have been fully complied with by such applicant or licensee.
[Ord. No. 2714 §1, 12-19-2005]
A. 
It shall be the duty of the Chief of Police to:
1. 
Exercise all duties and powers relating to the enforcement of this Chapter.
2. 
Cause to be inspected regularly all places of business where alcoholic beverages are sold or kept for sale.
3. 
Report any wholesome or unhealthy condition in such places of business to the Missouri Division of Health.
[Ord. No. 2714 §1, 12-19-2005]
A. 
The Chief of Police and the employees he may designate shall have the authority to:
1. 
Make arrests and to serve any process connected with the enforcement of this Chapter; provided however, that said designated employees carry credentials showing their authority.
2. 
Seize any and all objects that may appear to be in violation of any provision of this Chapter and hold in custody such objects as evidence until any matter pertaining thereto is finally adjudicated. Upon such seizure, a receipt shall be issued to whom the objects were seized from and upon demand, if not forfeited, such objects shall be returned to their lawful owner.
3. 
Notwithstanding any other provisions of this Chapter, the Chief of Police shall have power to close for a period not to exceed twenty-four (24) hours any premises that shall be in the immediate area to a mob, riot, strike or any type of violence, actual or probable; provided however, that he shall not close such place under such circumstances without advising at the earliest possible moment the Mayor and the Board of Aldermen; and provided further, that the Chief of Police shall not close such place for two (2) or more consecutive twenty-four (24) hour periods without approval of the Mayor acting under the emergency Police powers of the City.
4. 
Inspect the premises of any licensee, including all rooms, cellars, outbuildings and yards used in connection with the operation of the business, at any reasonable time, without warrant, and the acceptance of the license by the licensee under this Chapter shall be construed as a waiver by the licensee of any constitutional provisions concerning search and seizure.
[Ord. No. 2714 §1, 12-19-2005]
The Chief of Police as the Liquor License Officer and his appointees, agents, assistants and inspectors administering and enforcing the provisions of this Chapter shall not have any interest in (directly or indirectly, either proprietary or by means of loan, mortgage or other lien, either for their own benefit or in a fiduciary capacity or any other manner) the premises where any alcoholic beverage is distilled, brewed, manufactured or sold, nor shall they have any interest in any business wholly or partially devoted to or engaged in or dealing in alcoholic beverages, either as owners, part owners, partnership, members of syndicate, shareholders of a corporation, agents or employees, either for their benefit or in a fiduciary capacity. The Chief of Police as the Liquor License Officer and his appointees, agents, assistants or inspectors shall not accept any compensation, reward or gift other than a designated salary and expenses as provided by the City of Pleasant Valley.
[Ord. No. 2714 §1, 12-19-2005]
A. 
All files pertaining to active and inactive liquor licenses will be kept in the City Clerk's office for record retention and tracking purposes.
B. 
Applications will be made at the City Clerk's office for distribution to the Liquor Control Officer for investigation. Subsequent contact regarding the status or renewal of a license will be referred to the City Clerk's office.
C. 
City Clerk's office will notify any applicant of the acceptance or rejection of his application.
D. 
Annual renewals for liquor license will be received by the City Clerk's office and distributed to the Liquor Control Officer for investigation.
E. 
Present to the Board of Aldermen for approval any and all documentation relating to a new license or a renewal in question.
F. 
Provide a list of current liquor license holders to the Board of Aldermen by September first (1st) of each fiscal year.
G. 
If applicable, maintain a waiting list for liquor license based on a written inquiry. The list will be created and maintained by postmark.
[Ord. No. 2714 §1, 12-19-2005]
A. 
It is hereby declared to be unlawful for any person to engage in the manufacture, brewing, sale or distribution of alcoholic beverages without first having obtained a liquor license authorizing such manufacture, brewing, sale or distribution in compliance with the terms of this Chapter.
B. 
A license shall be issued for a period of one (1) year beginning January 1 of each year. All renewal applications shall be submitted to the City Clerk on the proper forms on or before December 31 of each year.
Any false representation made in the application for this license or permit shall be considered a violation of this Code, and penalties shall be as prescribed in Section 100.250.
[Ord. No. 3377, 5-18-2020]
C. 
It shall be unlawful for a person to continue to hold an alcoholic beverage license when conditions have occurred which would render the continued use of such license or the licensed premises unlawful under the provisions of this Chapter and it shall be the duty of the licensee to surrender the license to the City.
D. 
If the Liquor License Officer has reason to believe that any person to whom a license was issued for the current year or any licensee who has filed a renewal application has discontinued or abandoned the liquor establishment for which said license was issued, said officer may hold a hearing after five (5) days' notice, in writing, to said person to whom the license was issued for the current license year at his last known address for the purpose of determining whether said liquor establishment has been discontinued or abandoned. If the Liquor License Officer shall determine from the evidence presented at said hearing that the liquor establishment has been discontinued or abandoned for a period of one (1) year or less and if said discontinuance or abandonment is satisfactorily explained to the Liquor License Officer, said officer shall recommend to the Board of Aldermen renewal of any license that has lapsed or become inactive.
E. 
If the licensee fails to respond to such notice or if having responded to such notice he fails to satisfactorily explain to the Liquor License Officer the discontinuance or abandonment of the liquor establishment, the Liquor License Officer shall recommend to the Board of Aldermen revocation or refusal to renew the license. At any such hearing provided for above, the licensee shall have full right to be heard and to be represented by counsel.
[Ord. No. 2714 §1, 12-19-2005; Ord. No. 3013, 8-16-2010; Ord. No. 3302, 7-2-2018]
A. 
As a condition of the issuance of a license under this Chapter, the applicant must comply with all City ordinances pertaining to merchants and/or service licensing and must also procure licenses from the State of Missouri and the County of Clay under the provisions of Chapter 311, RSMo.
B. 
The following classes of liquor licenses issued under the provisions of this Chapter are hereby established for the distribution or sale of any alcoholic beverages within the City:
1. 
Microbrewery, as defined in Section 311.195, RSMo./Resorts, as defined in Section 311.095, RSMo.
Any person possessing this license may apply for a license to sell intoxicating liquor by the drink on Sundays per Section 311.290, RSMo.
2. 
Retailer sales in original packaging of beer, wine, malt liquor, hard liquor and nonalcoholic beer equal to or less than fourteen percent (14%) of alcohol by weight per Section 311.200, RSMo., of intoxicating liquor in the original package for consumption off the premises per Section 311.200(1), RSMo.
Any person possessing this license may apply for a license to sell intoxicating liquor in the original package at retail on Sundays per Section 311.290, RSMo.
3. 
Retailer sales in original packaging of beer, wine, malt liquor, hard liquor and nonalcoholic beer greater than fourteen percent (14%) of alcohol by weight per Section 311.200, RSMo., of intoxicating liquor in the original package for consumption off the premises per Section 311.200(1), RSMo.
Any person possessing this license may apply for a license to sell intoxicating liquor in the original package at retail on Sundays per Section 311.290, RSMo.
4. 
Restaurant/bar/liquor sales by the drink for consumption on premises, including Sunday sales, as defined per Section 311.090, RSMo.
5. 
Wholesaler, as defined by Section 311.180(9), RSMo. This license authorizes the wholesale sale of intoxicating liquor of all kinds, as set forth in Section 311.180(9), RSMo.
6. 
Temporary License. This license allows for the issuance of a temporary permit to caterers who or any church, school, civic, service, fraternal, veteran, political, charitable club, organization or social event to sell or serve intoxicating liquor by the drink:
a. 
Hold licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter.
b. 
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 by State law and does not exceed a period of forty-eight (48) consecutive hours.
c. 
This license shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may be sold or served according to State law.
d. 
For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City twenty-five dollars ($25.00).
e. 
Each event shall be considered separately and application for each shall be made on a form to be provided by the City Clerk's office of the City of Pleasant Valley. The temporary permit may be issued by the City Clerk's office.
f. 
This license binds the licensee to the same rules applicable to holders of other liquor licenses within the City of Pleasant Valley and to the liquor laws of the State of Missouri.
C. 
Schedule Of Fees.
1. 
Retailer sales in original packaging containing alcohol equal to or less than fourteen (14%) percent: $100.00 annually.
2. 
Retailer sales in original packaging containing alcohol greater than fourteen (14%) percent: $100.00 annually.
3. 
Retailer sales on Sunday: $100.00 annually.
4. 
Wholesalers: $500.00 annually.
5. 
Restaurant/Bar/Liquor by the drink: $300.00 annually.
6. 
Restaurant/Bar/Liquor by the drink – Sales on Sunday: $100.00 annually.
7. 
Microbrewery/Resort License: $250.00 annually.
8. 
Microbrewery/Resort License – Sales on Sunday: $100.00 annually.
9. 
Temporary license: $25.00 per day and per event.
10. 
These fees are in addition to annual business licensing needed to operate within the City of Pleasant Valley and are not prorated throughout the course of the City’s fiscal year.
D. 
Limit On Number Of Licenses Issued.
1. 
Liquor By The Package. Retailers in original packaging containing alcohol equal to or less than fourteen percent (14%), retailers in original packaging containing alcohol greater than fourteen percent (14%), wholesalers, microbrewery/resort.
a. 
The number of licenses issued under these classifications shall not exceed one (1) for each five hundred (500) people within the corporate limits of the City.
2. 
Liquor Sales By The Drink.
a. 
The number of licenses issued is unlimited.
3. 
Temporary License.
a. 
The number of licenses issued is unlimited.
[Ord. No. 2714 §1, 12-19-2005]
A. 
A person desiring to obtain a liquor license shall meet the following qualifications:
1. 
Such person is in fact to be actively engaged in the actual control and management of the premises for which the liquor license is sought.
2. 
Such person is at least twenty-one (21) years of age.
3. 
Such person is of good moral character, is qualified to hold an alcoholic beverage license in the State of Missouri, has never been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of alcoholic beverages, has never had a dealer's license revoked and is a qualified legal voter and taxpaying citizen of the County, Town, City or Village of which he is a resident.
4. 
Such person meets the indebtedness requirements of this Chapter and is not in arrears to the City for any back taxes or license fees. Nor shall any such person accept directly or indirectly any loans, equipment, money, credit or property of any kind, except ordinary commercial credit as such term is defined in the rules and regulations of the Supervisor of Liquor Control of the State of Missouri.
5. 
Such person shall have in his possession a certificate of occupancy issued by the Director of Public Works for the proposed use of the building to be occupied as the licensed premises, unless such premises are under construction or undergoing remodeling.
In such case, a copy of the building permit issued for said premises and signed by the Director of Public Works may be submitted in lieu of certificate of occupancy. The liquor license may be issued with the understanding that it will be revoked if a certificate of occupancy is not issued within the next one hundred eighty (180) days. The date of issuance of the liquor license shall be the date of its approval by the Board of Aldermen.
Notice of liquor license revocation shall be sent to the State of Missouri Bureau of Alcohol, Tobacco and Firearms.
The one hundred eighty (180) day period for issuance of the certificate of occupancy may be extended by action of the Board of Aldermen.
B. 
In making any determination of good moral character, the following shall be considered:
1. 
Criminal history. Applicant must provide a Missouri State Highway Patrol criminal history report dated no more than thirty (30) days prior to application.
2. 
License history. The license history of the applicant, whether such person, in previously operating in this or another State or City under a license of any nature or description, has had such license revoked or suspended, the reasons therefore and the demeanor of the applicant subsequent to such action.
3. 
General personal history. Such other facts relevant to the general personal history of such individual as deemed necessary to a fair determination of an individual's character.
4. 
Such person is not in arrears to the City for any taxes, license fees or permit fees.
[Ord. No. 2714 §1, 12-19-2005]
No license provided for in this Chapter shall be issued to any partnership unless all members of the partnership are persons who would be eligible for licenses as individuals under the provisions of this Chapter and no such license shall be issued to any partnership, any partner of which has been the holder of a license or permit that has been revoked.
[Ord. No. 2714 §1, 12-19-2005]
No license provided in this Chapter shall be issued to any corporation unless the managing officer of such corporation is a person who would be eligible for a license as an individual under the provisions of this Chapter.
[Ord. No. 2714 §1, 12-19-2005]
A. 
Form And Contents. Any person desiring to secure a license under the terms of this Chapter shall make a written application under oath therefore to the City Clerk. Each question in the application shall be considered material to the issuance of the license and each question in such application must be answered in full by the person applying for the license.
B. 
The written application shall contain the following information:
1. 
Name and residential address of the person applying for the license.
a. 
If the application is on behalf of a partnership, all names and residential addresses of the partners of any person who has a financial interest in the partnership shall be given.
b. 
If the application is on behalf of a corporation, the date of incorporation, the State in which incorporated, the amount of paid-in-capital, the amount of authorized capital, the names and residential addresses of the officers and directors and the names and addresses of all stockholders who hold ten percent (10%) or more of the capital stock shall be given.
c. 
The name and residential address of any other persons having a financial interest in the building must be given also.
2. 
The place of birth of the person applying for the license and, if the person is a naturalized citizen, the date and place of naturalization.
3. 
The names and business addresses of the employers of the person applying for a license for a period of five (5) years prior to the submission of the application.
4. 
Applicant must provide a Missouri State Highway Patrol criminal history report dated no more than thirty (30) days prior to application.
5. 
The address of the premises for which a license is sought.
6. 
Whether or not the location of the proposed business is within three hundred (300) feet of a school or church.
7. 
The class of license for which the person is applying. (Note: Any applicant may apply for multiple classifications of licenses.)
8. 
Statement that the applicant will not violate any of the ordinances of the City, the laws of the State or the laws of the United States in the conduct of business.
9. 
All statements, books, records and papers which the City Clerk may determine to be necessary to describe the true ownership and management of the business or in the respects necessary to determine the qualifications of the applicant for such license.
10. 
An affidavit describing the type of business to be conducted and an inventory and valuation-at-cost prices of goods other than intoxicating liquor at the proposed place of business.
11. 
Whether or not any distiller, wholesaler, wine maker, brewer or supplier of coin-operated, commercial, manual or mechanical amusement devices or the employees, officers or agents thereof have any financial interest in the retail business of the applicant for the sale of alcoholic beverages, whether or not the applicant, either directly or indirectly, will borrow or accept from any such person equipment, money, credit or property of any kind, except ordinary commercial credit for liquor sold.
12. 
A certification from any County Election Board showing the person applying for the application to be a registered qualified voter of any County in the State of Missouri and United States of America.
13. 
A copy of his or her tax receipt for the year immediately preceding the date of the application of the County, Town, City or Village where he or she resides in the State of Missouri; or if the applicant is a corporation, a copy of the tax receipt for the year immediately preceding the date of the application of the managing officer of such corporation of the County, Town, City or Village in the State of Missouri where such managing officer resides or, in lieu thereof, an affidavit of the County or City Assessor wherein such applicant resides or, if the applicant is a corporation, wherein the managing officer of such corporation resides, stating therein that the applicant or managing officer of such corporation, if a corporation, owns property for which he or she is legally subject and liable to taxation in the County, Town, City or Village where applicant or, if a corporation, the managing officer of applicant resides in the State of Missouri.
14. 
Where application is being made for an original package license to sell intoxicating liquor at retail, an affidavit stating that the person applying for the license has and at all times keeps in his 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.
15. 
When license is applied for the first (1st) time, the person submitting the application shall furnish a photograph of the exterior of the premises of the proposed place of business.
C. 
Execution By Applicant. Application for a license under this Chapter shall be made by the individual who is to be, in fact, actively engaged in the actual control and management of the premises for which said license is sought,
D. 
Liquor License Application — Penalty For Forfeiture — Due Diligence. Payment of license fee:
1. 
Each application for license referred to herein shall be accompanied by payment of the respective fee required in Section 600.070. Each applicant to whom a license is issued shall have one hundred twenty (120) days from the date of issuance thereof to begin operation of such establishment for business purposes.
2. 
In the event such licensee does not open such establishment for business within the one hundred twenty (120) day time period, such fee shall be forfeited and the license issued shall be considered invalid, null and void; and of no effect. Such licensee will then be required to reapply for said license and comply with all requirements set forth in this Chapter. The same fee will be charged upon such reapplication, but the applicant shall not be allowed to reapply for such license for a period of one (1) year from the original date of issuance.
[Ord. No. 2714 §1, 12-19-2005]
A. 
Supplemental Reports. The person to whom the license is issued shall file a supplemental report with the City Clerk within fifteen (15) days of any loan made to him of money or credit relating to the licensed business.
B. 
Change Of Facts. If during the period for which a license is issued there is any change of facts or information differing from that set forth in the original application or any renewal application on file with the City Clerk, written notice thereof must be given the City Clerk within ten (10) days by the licensee.
[Ord. No. 2714 §1, 12-19-2005]
A. 
Investigation By City Clerk. The City Clerk shall forward to the Chief of Police for immediate investigation of the statements contained in each new application for a license as well as of the character, background, associates, financial investments and indebtedness of the person applying for the license. The suitability of the location and surrounding conditions of the proposed premises also shall be investigated.
B. 
Investigation By Police. Upon receipt of an application, the City Clerk shall forward immediately to the Chief of Police a copy of said application. The Chief of Police shall furnish all pertinent information contained in the Police Department records relating to the eligibility of the person applying for the license.
[Ord. No. 2714 §1, 12-19-2005]
A. 
Only the Board of Aldermen may approve an application for a license as provided by this Chapter. Upon approval of the application, the Mayor shall direct the City Clerk to issue the license to the person making application for such license.
B. 
The person applying for the license and other interested persons may appear before the Board of Aldermen and testify in support of or against the issuance of the license.
C. 
Licenses granted under the terms of this Chapter shall be signed by the Mayor and the City Clerk. The City Clerk shall affix the Seal of the City to the license.
D. 
A license may be approved or denied by the Board of Aldermen at the meeting at which it is presented or may be tabled for further consideration at a later meeting.
[Ord. No. 2714 §1, 12-19-2005]
A. 
A license issued under authority of this Chapter, a duplicate of which shall be retained in the records of the City Clerk, shall contain the following information.
1. 
The class of license.
2. 
The legal description of the premises and the address thereof.
3. 
The name of the person to whom the license is issued.
[Ord. No. 2714 §1, 12-19-2005]
A. 
No license issued under authority of this Chapter shall be transferable or assignable except as herein provided:
1. 
Death of a licensee under unexpired license. In the event of the death of a person holding a license, the widow or the widower or the next of kin of such deceased person, who shall meet the other requirements of this Chapter, may be permitted to operate the business of the deceased licensee for the remainder of the period for which the license is valid and it shall not be necessary for such relative to secure a new license until the expiration of the license issued to the deceased person.
2. 
A removal of license to other location. A license may, subject to the approval of the Board of Aldermen, be transferred to any other place or any other part of the building containing the licensed premises if the place sought to be licensed meets the requirements of this Chapter.
3. 
Expansion of existing license. A license may, subject to the approval of the Board of Aldermen, be expanded to encompass a larger area of the existing licensed premises if the area sought to be licensed meets the requirements of this Chapter.
B. 
The application for permission to transfer or expand the license must be submitted in writing to the Board of Aldermen as set forth:
1. 
Name and address of the person holding license.
2. 
Street address and legal description of the premises to which removal is sought, together with the name and address of the owner of the property and the name of any person having a leasehold or interest therein as landlord or tenant.
3. 
The application must be accompanied by an affidavit by such person that he has not since the license was granted violated any provisions of the liquor control ordinances of the City of Pleasant Valley.
[Ord. No. 2714 §1, 12-19-2005]
A. 
When a person holding a liquor license obtains a buyer or lessee for the establishment for which the license was issued, said buyer or lessee shall be given prior consideration for a license provided said buyer or lessee meets the qualifications set forth in this Chapter, pays the necessary fees and is approved for said license in accordance with the requirements of this Chapter.
B. 
The liquor license is the property of the City of Pleasant Valley and is not a guaranteed part of any sale of a licensed premise.
[Ord. No. 2714 §1, 12-19-2005]
A. 
Procedure When License Is Lost Or Destroyed. Whenever a license is lost or destroyed, a duplicate license will be issued by the City.
B. 
Application for a duplicate license must be by affidavit of the licensee and must set forth the following:
1. 
Date upon which license was lost or destroyed.
2. 
Circumstances under which license was lost or destroyed.
[Ord. No. 2714 §1, 12-19-2005]
A. 
The Board of Aldermen may, upon recommendation of the Chief of Police (Liquor License Officer) or City Clerk or upon its own motion, conduct a hearing to determine if any licenses issued under authority of this Chapter should, at the Board of Aldermen's discretion, be suspended or revoked.
B. 
The following actions shall be considered as grounds for suspension or revocation of a license:
1. 
A licensee has not at all times maintained an orderly place; or
2. 
A licensee or any employee, agent or servant of the licensee has violated any of the provisions of this Chapter; or
3. 
The license held by the licensee was obtained through materially false statements in the application for such license or renewal thereof; or
4. 
The licensee failed to make a complete disclosure of all pertinent information in the application for such license or renewal thereof; or
5. 
The licensee, since the issuance of such license, has ceased to be the person actually engaged in the active control and management of the particular establishment for which the license was issued; or
6. 
Anything has occurred which would render the licensee or the licensed premises ineligible or unsuitable for a license under the provisions of this Chapter; or
7. 
Such licensee is in violation of any Federal or State Liquor Control Act; or
8. 
The licensed premises have been discontinued, abandoned or failed to open for business as set forth in Section 600.110(D) herein.
C. 
Notification Of Hearing. The licensee shall be given not less than ten (10) days' written notice prior to the hearing. The notice shall set out the reasons for which the hearing is called and shall command the person holding the license to be present at such hearing and show cause, if any, why such license should not be suspended or revoked. Such notice shall be served by a Police Officer and may be served upon the licensee by leaving a copy thereof with the licensee or with a person or employee in charge of the place of business of said licensee or by mailing said notice by certified or registered mail to the licensee at his last known business or residence address or by posting a copy of said notice on the licensed premises.
D. 
Hearing Procedure. The licensee shall have full right to have counsel, produce witnesses and cross-examine all witnesses who may appear against him. The licensee shall have the right to take down stenographically or record mechanically or electronically all proceedings in such hearings. Such hearings shall be transcribed whenever required by law. Subpoenas shall be issued by the Chief of Police for any witness whose presence is desired at any hearing of proceeding before the Board of Aldermen to suspend or revoke a license and such subpoenas may be served by any designated member of the Pleasant Valley Police Department. Such subpoena shall be served and return thereon shall be made in the same manner as provided by law in civil suits in the Circuit Court of this State. Witnesses may also appear voluntarily at such hearings and testify.
E. 
Effect Of Revocation Or Suspension. Whenever any license shall be revoked or suspended under the terms and provisions of this Chapter, the licensee shall not thereafter be eligible for any license provided for in this Chapter. No licensee who shall have had his license suspended or revoked by order of the Board of Aldermen shall sell or give away any intoxicating liquor, non-intoxicating beer or malt liquor during the period of time such order of suspension or revocation is in effect. Any licensee desiring to keep his premises open for the sale of food or merchandise during such period of suspension or revocation shall display the order of suspension or revocation issued by the Board of Aldermen in a conspicuous place on the premises so that all persons visiting the premises may readily see the order of revocation or suspension.
[Ord. No. 2714 §1, 12-19-2005]
A. 
No person having a license under this Chapter nor any employee of such person shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his premises any intoxicating liquor in any quantity per Sections 311.293 and 311.290, RSMo. 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.
B. 
During the hours set forth in this Chapter prohibiting the sale of alcoholic beverages, the licensee shall cause any display of alcoholic beverages in the establishment or store to be covered from the view of customers and patrons of said establishment or store.
C. 
When December thirty-first (31st) falls on Sunday, any person having a license to sell alcoholic beverages by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his license on that day after 1:00 P.M. and until the time which would be lawful on another day of the week.
D. 
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the following licenses may sell such alcoholic beverage as authorized by their license per Section 311.290, RSMo.
1. 
Restaurant/bar license — Sunday sales only.
2. 
Limited non-intoxicating beer sales by drink license, but only if Sunday sales are specifically authorized by the Board of Aldermen and subject to any restrictions placed upon such sales by the Board of Aldermen.
[Ord. No. 2714 §1, 12-19-2005]
A. 
No licensee or permittee shall allow in or upon the licensed premises any improper disturbances, lewdness, immoral activities, brawls or any indecent, profane or obscene language, songs, entertainment, literature or advertising material, nor shall any licensee cause to have printed or distributed any lewd, immoral, indecent or obscene literature or advertising material.
B. 
No retail licensee shall allow any person to appear on the licensed premises in a condition where either or both of the breasts or pelvic area or the buttocks are not covered with opaque clothing. No dancing will be allowed on any surface where food or drinks are served. No person shall perform an erotic or lewd dance or strip tease in the licensed premises.
[Ord. No. 2714 §1, 12-19-2005]
No licensee or permittee shall employ or allow the loitering upon or about the licensed premises of any Police character, convicted felon or other person convicted for prostitution or use or sale of drugs.
[Ord. No. 2714 §1, 12-19-2005]
Licensees are at all times responsible for the conduct of their business and are at all times directly responsible for any act or conduct of any employee on the premises that is in violation of the intoxicating liquor laws or the non-intoxicating beer laws of the State of Missouri and the provisions of this Chapter.
[Ord. No. 2714 §1, 12-19-2005]
Retail licensees shall keep the premises covered by such licenses clean and sanitary as provided in the Code of Ordinances of the City of Pleasant Valley. No license shall be issued under Section 600.070 of this Chapter until the Director of Public Works and the Fire Marshal or his/her designee has inspected and forwarded his approval of the premises to the City Clerk.
[Ord. No. 2714 §1, 12-19-2005]
Regularly licensed drug stores may be lawfully in possession of intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservant without being subject to the provisions of this Chapter; provided however, that any druggist or drug store operator desiring to sell intoxicating liquors, either for consumption on the premises or in the original package not to be consumed on the premises, shall procure the proper license thereof and be in all matters subject to the provisions of this Chapter relating to the location, licenses to be purchased and hours at which such intoxicating liquor may be sold.
[Ord. No. 2714 §1, 12-19-2005]
A. 
It shall be unlawful for any licensee or his/her employee to 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.
B. 
It shall be unlawful for any person under the age of twenty-one (21) years to purchase, possess, attempt to purchase or attempt to possess any alcoholic beverages.
[Ord. No. 2725 §1, 4-3-2006]
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 as defined in Section 600.010, or who is visibly intoxicated as defined in Section 342.030, or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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 not 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. 2714 §1, 12-19-2005]
A. 
It shall be unlawful for any liquor by the drink licensee, his employee, agent or servant to either directly or indirectly suffer or allow a person under the age of twenty-one (21) years to enter the premises or to linger or loiter in or about such premises unless accompanied by a parent or legal guardian. This Section shall not apply to premises where substantial quantities of food are served or sold; provided further, that this Section shall not be construed as preventing the entrance of any person who is a bona fide employee lawfully upon the premises.
B. 
It shall be unlawful for any person under the age of twenty-one (21) to have in his possession any alcoholic beverage unless said person is specifically granted authority to possess alcoholic beverage as provided by this Chapter.
C. 
Nothing in this Chapter shall prohibit parents, guardians or duly licensed physicians from supplying alcoholic beverages to persons under twenty-one (21) for medicinal purposes only.
[Ord. No. 2714 §1, 12-19-2005]
A. 
Except as otherwise provided in Subsections (B) and (C) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.
B. 
In any place of business licensed in accordance with Sections 311.200 or 312.040, RSMo., where at least fifty percent (50%) of the gross sales made consists of goods, merchandise or commodities other than intoxicating liquor or non-intoxicating beer in the original package, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack for carry-out intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
C. 
In any distillery, warehouse, wholesale distributorship or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale at retail or dispensing for consumption or sale at retail.
D. 
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 or non-intoxicating beer 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 or non-intoxicating beer.
[Ord. No. 2714 §1, 12-19-2005]
A. 
No permanent license shall be granted for the sale of alcoholic beverages within three hundred (300) feet of any church building or school building.
B. 
When a church building or school building is established within three hundred (300) feet of any licensed premises, a renewal of the liquor license shall not be denied the licensee for this reason.
C. 
The distance from the premises of a liquor establishment and a church building or school building shall be measured between the point of the premises located nearest to the exterior of the church building or school building.
[Ord. No. 2714 §1, 12-19-2005]
Where this authorizes the sale of alcoholic beverages by the drink and licenses are held by restaurants, clubs or hotels, this Chapter shall apply to all rooms in which intoxicating liquors are dispensed or consumed.
[Ord. No. 2714 §1, 12-19-2005]
Intoxicating liquor shall not be permitted in any City park unless a special permit is obtained by a responsible person from the City Clerk. The special permit shall stipulate the hours between which the consumption may be permitted and shall set forth the date on which the consumption may be permitted and shall set forth the date on which such activity is permitted.
[Ord. No. 2714 §1, 12-19-2005]
Any person operating a liquor business outside the limits of the City of Pleasant Valley, in an area that may be annexed by the City, shall be eligible for a City liquor license for which the business qualifies at the time the annexation occurs.
[Ord. No. 2714 §1, 12-19-2005]
A. 
The determination of the population of the City for the purpose of issuance of liquor licenses shall be made by the Board of Aldermen and the Board may increase or decrease the limitations of licenses to be issued under this Chapter. Any person who feels the population has increased so that additional licenses may be available shall, upon application as herein provided, have the burden of presenting to the Board a competent census data that said population increase would justify said license, said expense to be borne by said applicant, if the Board so requires.
B. 
If the Board of Aldermen finds that the population of the City has declined and the number of licenses in any category decreases on account of such population decline, current license holders will be eligible for renewal of their license as long as they continue in business in compliance with all provisions of the City Code. The business must be operating under a current and valid license on the effective date of the Board of Aldermen action setting the City's population and continue in active operation in order to maintain their protected status.
[Ord. No. 2714 §1, 12-19-2005]
Any person found guilty of violating any of the provisions of this Chapter shall be fined a sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by a sentence of not less than ten (10) days nor more than ninety (90) days imprisonment or both such fine and imprisonment, provided that upon final conviction of any person for a violation of any of the provisions of the Chapter, said conviction shall automatically operate to revoke the license hereunder issued to such person and, provided further, that the terms of conviction as herein used shall mean conviction upon final determination of any prosecution of any violations of this Chapter and, provided further, that no person having been convicted of the violation of any of the provisions of this Chapter shall be issued a license or renewal thereof for a period of one (1) year from the date of said conviction. Upon conviction of any person under the provisions of this Chapter, it shall be the duty of the judge of the Municipal Court to certify such conviction to the Liquor License Officer, Chief of Police and City Clerk.