[CC 1983 §50.010]
This law may be cited as the "Liquor Control Ordinance."
The term "intoxicating liquor" 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 (0.5%) by volume except for non-intoxicating beer as defined in Section 312.010, RSMo. 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, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
[CC 1983 §50.030]
The term "person" as used in this Article shall mean and include any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal Court.
[CC 1983 §50.040]
It shall be unlawful for any person, firm, partnership or corporation to sell or expose for sale in this City intoxicating liquor, as defined in Section 600.020, in any quantity, without taking out a license.
[CC 1983 §50.050]
A.
No person shall be granted a license hereunder unless such person is of good moral character, and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the sale of intoxicating liquor, or who employs in his/her business as such dealer, any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid.
B.
The term "financial interest" as used in this Article 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 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.
C.
The City Clerk may 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 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.
[CC 1983 §50.060; Ord. No. 04-28, 6-3-2004; Ord. No. 04-66, 12-2-2004; Ord. No. 20-15, 10-15-2020]
A.
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within three hundred (300) 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 three hundred (300) 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 until at least ten days' written notice has been provided to all owners of property within three hundred (300) feet of the proposed licensed premises.
B.
For purposes of determining distances used in Subsection (A) of this Section, the distance will be measured in a straight line from the nearest, exterior, structural surface of the primary building; excluding steps, overhangs, awnings, entryways, etc., of a school, church or place of worship to the nearest, exterior, structural surface of the primary building; excluding steps, overhangs, awnings, entryways, etc., of a place of business requesting a liquor license. This measurement will be expressed in feet.
C.
Subsection (A) of this Section shall not apply to a license issued by the State Supervisor of Alcohol and Tobacco Control 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.
D.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the State Supervisor of Alcohol and Tobacco Control 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.
[CC 1983 §50.140]
A.
All applications for all licenses mentioned in this Article shall be made to the City Clerk and shall be accompanied by a proper remittance made payable to the City of Hollister.
B.
The Board of Aldermen shall have the power and duty to determine whether each application for such license shall be approved or disapproved. Upon disapproval of any application for a license, the Mayor shall so notify the applicant in writing, setting forth therein the grounds and reasons of disapproval, and shall return therewith the applicant's remittance. Upon approval of any application for a license, the Mayor shall issue to the applicant the appropriate license and contemporaneously with such issuance shall file a notice of the issuance of such license together with the applicant's remittance in payment of the same with the City Clerk.
[CC 1983 §50.150; Ord. No. 93-15 §50.150, 5-6-1993]
A.
On approval of the application and payment of the license tax provided in this Article, the City Clerk shall grant the applicant a license to conduct business in the City for a term to expire the thirtieth (30th) day of June next succeeding the date of such license. A separate license shall be required for each place of business. Of the license tax to be paid for the liquor by the drink license, the applicant shall pay as many twelfths as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
B.
Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year.
[CC 1983 §50.160]
A.
No license issued under this Article 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 Board of Aldermen 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 Board of Aldermen, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
[CC 1983 §50.170]
No person or corporation, or any employee, officer, agent, subsidiary, or affiliate thereof, shall have more than one (1) license, nor be directly or indirectly interested in any business of any other person or corporation, or of any employee, officer, agent, subsidiary, or affiliate thereof, to sell intoxicating liquor, at retail.
A.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B) of this Section, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her premises, 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. Sunday and 6:00 A.M. Monday. 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. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. 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 a misdemeanor. 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.
B.
Any person licensed pursuant to Section 311.200, RSMo., shall not be permitted to sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her premises, 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. Sunday and 6:00 A.M. Monday.
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on 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 Section 600.110 or any other provision of law to the contrary.
[Ord. No. 381 §50.190, 10-19-1989]
No person under the age of twenty-one (21) shall sell or assist in the sale or dispensing of intoxicating liquor, except, 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.
[CC 1983 §50.200; Ord. No. 07-01, 1-18-2007]
A.
Any licensee under this Chapter or his employee who shall 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 or to any person intoxicated or appearing to be in a state of intoxication or to a habitual drunkard and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years or to any intoxicated person or any person appearing to be in a state of intoxication or to a habitual drunkard shall be deemed guilty of a misdemeanor, except that this Section shall not apply 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 any 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 when serving in the capacity as an employee of a licensed establishment.
B.
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 or her parent or guardian, is guilty of a Class B misdemeanor. Any second (2nd) or subsequent violation of this Subsection is a Class A misdemeanor.
C.
It shall be a defense to prosecution under this Section if:
1.
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
2.
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
3.
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.
[CC 1983 §50.210]
Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of a misdemeanor. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo. 1949.
[CC 1983 §50.220; Ord. No. 07-02, 1-18-2007]
A.
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 311.020, RSMo., or who is visibly intoxicated as defined in Section 577.001, RSMo., 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.
B.
For purposes of determining violations of any provision of this Chapter or of 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 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.
C.
The provisions of this Section 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, port, wine or other similar malt or fermented beverage as part of the required curriculum; and
4.
Tastes a beverage under Subdivision (3) of this Subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an 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, port, 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. |
[CC 1983 §50.230]
It shall be unlawful to display in any street window or show window any intoxicating liquor, or any package, bottle or container bearing the label or brand of any intoxicating liquor. Whosoever shall violate the provisions of this Section shall be deemed guilty of a misdemeanor.
[Ord. No. 03-44, 10-16-2003]
A.
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor in, on or about the premises.
B.
Application for such license shall be made to the City Clerk on forms to be prescribed by him/her, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this Section. A license shall be required for each separate premises and shall expire on the thirtieth (30th) day of June next succeeding the date of such license. Applications for renewals of licenses shall be filed on or before the first (1st) of July of each year.
C.
The drinking or consumption of intoxicating liquor shall not be permitted in, upon or about the licensed premises by any person under twenty-one (21) years of age or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and on Sunday, unless a Sunday license is obtained. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Section and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this Section regulating the drinking or consumption of intoxicating liquor between certain hours and on Sunday shall apply also to premises licensed under this Chapter to sell intoxicating liquor by the drink.
D.
Any person operating any premises, or any employee, agent, representative, partner or associate of such person, who shall knowingly violate any of the provisions of this Section, or any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of a misdemeanor.
E.
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.
F.
No intoxicating liquor may be served or sold on any premises used as a polling place on election day.
[CC 1983 §50.250]
A.
Disorderly Place — Suspension or Revocation of License, When — Manner.
1.
Whenever it shall be shown, or whenever the Mayor has knowledge that a dealer licensed hereunder, has not at all times kept an orderly place or house, or has violated any of the provisions of this Article, said Mayor shall suspend or revoke the license of said dealer.
2.
The dealer must have full right to have counsel, to produce witnesses in his/her behalf in such hearing before the Board of Aldermen, and to be advised in writing the grounds upon which his/her license is sought to be revoked or suspended.
B.
Notice of Proceedings to Suspend or Revoke, Written Contents. In any proceedings before the Board of Aldermen to suspend or revoke any license, the notice of such proceedings shall be in writing and shall be sufficiently definite to advise the licensee of the charges against him/her and the grounds upon which his/her license is sought to be revoked or suspended, and shall state therein the time and place when the application to suspend or revoke such license will be heard. Any application or notice found to be insufficient may be amended on such terms as may be just.
C.
Notice of Decision. All final decisions, findings, rules, and orders of the Board of Aldermen adverse to a party to the proceedings shall be in writing. Parties to the proceedings shall be notified of the decision of the Board of Aldermen by mail.
D.
Additional Complaints — By Whom Made — Procedure. In addition to the penalties and proceedings for suspension or revocation of licenses provided for in this Article and without limiting them, proceedings for the suspension or revocation of any license authorizing the sale of intoxicating liquor at retail may be brought in the meetings of the Board of Aldermen for any of the following offenses:
1.
Selling, giving, or otherwise supplying intoxicating liquors to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.
2.
Knowingly permitting any prostitute, degenerate, or dissolute person to frequent the licensed premises.
3.
Permitting on the licensed premises any disorderly conduct, breach of the peace, or any lewd, immoral or improper entertainment, conduct or practices, or gambling or gaming by any method whatsoever.
4.
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under this license.
5.
Selling, giving, or otherwise supplying intoxicating liquor to any person under the age of twenty-one (21) years.
6.
Selling, giving, or otherwise supplying intoxicating liquors between the hours of 1:30 A.M. Sunday and 12:00 Midnight Sunday night.
E.
License Automatically Revoked Upon Conviction — Exceptions. Conviction in any court of any violation of this Article shall have the effect of automatically revoking the license of the person convicted, and such revocation shall continue operative until said case is finally disposed of, and if the defendant is finally acquitted, he/she may apply for and receive a license hereunder, upon paying the regular license charge therefor, in the same manner as though he/she had never had a license hereunder.
A.
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City may issue, a license to sell intoxicating liquor, as in this Chapter defined, between the hours of 9:00 A.M. on Sunday and Midnight on Sunday by the drink at retail for consumption on the premises of any restaurant or bar as described in the application.
B.
In addition to all other fees required by law, a restaurant or bar shall pay an additional fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees.
C.
The provisions of this Section regarding the time of closing shall not apply to any person who possesses a special permit issued under Sections 311.174, 311.176 or 311.178, RSMo.
[1]
Editor's Note: Ord. No. 15-25 also changed the words "Restaurant Bar" to read "Restaurant Or Bar" in the title of this Section.
[CC 1983 §50.700]
No licensee who shall have had his/her license suspended by order of the Board of Aldermen shall sell or give away any intoxicating liquor or non-intoxicating beer during the period of time such order of suspension is in effect. Any licensee desiring to keep his/her premises open for the sale of food or merchandise during such period of suspension shall display the order of suspension issued by the Board of Aldermen in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[Ord. No. 93-33 §50.725, 6-17-1993; Ord. No. 03-46, 10-16-2003]
Notwithstanding the provisions of any other ordinance, any person possessing the qualifications and meeting the requirements for the issuance of a liquor license, who is licensed to sell intoxicating liquor in the original package at retail under Section 311.200, RSMo., and the ordinances of the City, may apply for a special license to sell intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and 12:00 Midnight on Sundays. A licensee under this Section shall pay the City an additional fee of seventy-five dollars ($75.00) for this license and the privilege of selling intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and 12:00 Midnight on Sundays within the City.
[CC 1983 §50.730]
A.
Responsibility For Acts of Employees. 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 which is in violation of the Intoxicating Liquor Ordinance or the Non-Intoxicating Beer Ordinance.
B.
Inspection. All licensees shall allow the licensed premises and all portions of the building thereof, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics, and all buildings used in connection with the operations carried on under said license and which are in his/her possession or under his/her control, and all places where they keep or have liquor stored, to be inspected by the Mayor and his/her agents.
C.
Loitering of Immoral Persons. No licensee shall employ or allow the loitering upon or about the licensed premises of any police character, felon, gangster, racketeer, pickpocket, swindler, confidence man, female impersonator, prostitute, narcotic addict, vagrant, delinquent minor or other degenerate or dissolute person.
D.
Gambling and Gambling Devices. No licensee shall allow upon or about his/her licensed premises, any gambling of any kind or character whatsoever in which the one who plays stands to win or lose money, trade checks, prizes, merchandise or any other consideration whatsoever. No licensee shall have any gambling devices upon his/her licensed premises whereby money, trade checks, prizes, merchandise or property or any other consideration whatsoever may be won or lost.
E.
Licensee Shall Not Employ Convicted Person. No licensee shall employ on or about the licensed premises any person who has 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 intoxicating liquor; nor shall any licensee employ on or about the licensed premises any person who shall have had a license revoked under Chapters 311 or 312 of the Revised Statutes of Missouri.
F.
Sale Off-Premises Prohibited. No licensee, his/her agent or employee shall sell intoxicating liquor or non-intoxicating beer in any place other than that designated in such license, or at any other time or otherwise than is authorized by such license.
[CC 1983 §50.740]
A.
Testimony — Evidence. Hearings before the Board of Aldermen to suspend or revoke licenses shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be taken down stenographically, and shall be transcribed whenever required by law.
B.
Witnesses — How Summoned. Subpoenas shall be issued by the Mayor for any witness whose presence is desired at any hearing or proceeding before the Board of Aldermen to suspend or revoke a license, and such subpoenas may be served by any agent authorized by law to serve any subpoena in any civil suit in the Circuit Courts of this State. Such subpoenas shall be served in the same manner as is provided by law for service of subpoenas in civil suits in the Circuit Courts of this State, and the return thereon shall be made in the same manner as is provided by law for making returns of subpoenas in civil suits in the Circuit Courts of this State. In any such proceeding or hearing, the Mayor may issue an order to any licensee, or a subpoena Duces Tecum for any licensee or any other person requiring such licensee or such other person to produce before the Board of Aldermen any papers in his/her possession pertaining to the subject of the inquiry, which would be competent evidence at such hearing. Witnesses may also appear voluntarily at such hearings and testify.
C.
Witnesses To Be Sworn. Before any witness shall testify in any such hearing or proceeding, he/she shall be sworn by the Mayor to tell the truth and nothing but the truth.
[Ord. No. 94-34 §50.750(1 — 5), 7-21-1994; Ord. No. 96-28 §600.250, 11-26-1996; Ord. No. 98-32, 8-6-1998; Ord. No. 03-47, 10-16-2003; Ord. No. 04-65, 12-2-2004; Ord. No. 10-18, 8-5-2010; Ord. No. 11-11, 6-16-2011]
The Clerk of the City of Hollister, Missouri, shall have the authority to issue renewal licenses and shall issue new licenses after the approval of the Board of Aldermen:
Description | # of Licenses Available | Fee |
|---|---|---|
Retail liquor by the drink | 15 | $450.00 |
Sunday by drink | 15 | $300.00 |
Retail liquor by the drink resort | Such # licenses by the State | $450.00 |
Original package liquor | 10 | $150.00 |
Original package tasting | 10 | $37.50 |
Original package 5% beer (includes Sunday) | 5 | $75.00 |
Sunday original package liquor | 10 | $300.00 |
5% by drink (includes Sunday sales) | 5 | $75.00 |
5% by drink wine | 5 | $75.00 |
Retail liquor by drink — picnic | Such # licenses by the State | $37.50 (7 days) |
Retail liquor by drink — caterer | Such # licenses by the State | $15.00 (per day) |
[Ord. No. 303 §50.750, 10-1-1987; Ord. No. 93-15 §1, (B,C), 5-6-1993; Ord. No. 99-23, 5-6-1999]
A.
Except for liquor by the drink, all licenses granted under the terms and provisions of this Chapter shall extend for a period of one (1) year from July first (1st) to the thirtieth (30th) day of June and the fees shall not be prorated.
B.
Of the license tax to be paid for the liquor by the drink license, the applicant shall pay as many twelfths as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
C.
A separate license shall be required for each place of business.
A.
It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, wine, or beer, or his/her employee to permit in or upon his/her licensed premises:
1.
The performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, beastiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
2.
The displaying of any portion of the areola of the female breast;
3.
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
4.
The actual or simulated displaying of the pubic hair, anus, vulva or genitals;
5.
Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus; and
6.
The displaying of films, video programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by any other law.