[R.O. 2008 §600.290; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008; Ord. No. 8413, 9-27-2021]
A. No
person shall directly or through the use of agents or servants engage
in the manufacture, brewing, sale, exposure for sale or resale or
distribution of intoxicating liquors within the confines of the City
without first having duly obtained a license authorizing such manufacture,
brewing, sale or distribution as herein provided.
B. 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 or
about said premises between 1:30 A.M. and 6:00 A.M. the following
day without having a C.O.L. license as defined in this Chapter.
[R.O. 2008 §600.300; Ord. No. 8413, 9-27-2021]
A. The
City Clerk may issue a permit for the sale of intoxicating liquor
for consumption on premises where sold to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for sale 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.
B. 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.
C. 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.
D. 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.
[R.O. 2008 §600.310; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
All license fees shall be due and payable on or before June
first (1st) of each year and shall be good for the year beginning
July first (1st) and ending June thirtieth (30th). Renewal applications
received by City Clerk after June first (1st), and before the expiration
of such license shall incur a penalty of one hundred dollars ($100.00).
Late applications will be processed as soon as practical. If such
license is originally issued after July first (1st) but before December
thirty-first (31st) of the same calendar year, the applicant shall
pay one-twelfth (1/12) of such fee for each month or fraction thereof
remaining in the twelve (12) month period ending on June thirtieth
(30th) of the next following calendar year. The fee for any license
issued subsequent to December thirty-first (31st) of any license year
shall be one-half (½) of the annual fee with all renewals thereafter
being issued on July first (1st) in each year.
[R.O. 2008 §600.320; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
No individual shall be granted a license unless such individual is actively engaged in the actual control and management of the particular alcoholic beverage or C.O.L. establishment for which a license is sought, is twenty-one (21) years of age, is of good moral character, has never been convicted of a felony and is a qualified legal voter and taxpaying citizen of this State. No individual shall be granted a license hereunder whose license as such dealer has been revoked or who has been convicted within the last three (3) years of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or who employs in his/her business as such dealer any individual whose license has been revoked or who has been convicted of violating the provisions of any such law since the date aforesaid; provided however, that the City Council may in its discretion grant a license to such individual whose license has been revoked for abandonment of the licensed premises as set forth in Section
600.250(A)(6).
[R.O. 2008 §600.330; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
No license shall be issued to any partnership unless all members of the partnership are persons who would be eligible for licenses as individuals, and no such license shall be issued to any partnership which has been the holder of a liquor license that has been revoked; provided however, that the City Council may in its discretion grant a license to a partnership whose license has been revoked for abandonment of the premises as set forth in Section
600.250(A)(6).
[R.O. 2008 §600.340; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
No license shall be issued to any corporation if 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 corporation is licensed, shall have had a liquor license revoked 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 Twenty-First Amendment to the Constitution of the United States or shall not be a person of good moral character; provided, that the City Council may in its discretion grant a license to a corporation whose license has been revoked for abandonment of the premises pursuant to Section
600.250(A)(6), and provided further, that no wholesaler license shall be issued to a corporation for the sale of intoxicating liquor in excess of five percent (5%) by weight, except to a resident corporation.
[R.O. 2008 §600.350; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. Form. Applicants for a license may procure the proper forms
by request to the City Clerk setting forth in said request the specific
type and nature of license sought and the location desired.
B. Identification Of Applicant. Upon receipt of the application,
in addition to answering all other questions thereon, the applicant
shall state his/her name and address if a natural person, or if a
firm, partnership or association, the name and address of each member
of the firm, partnership, or association, or if the applicant is a
corporation and requests a license for intoxicating liquor by the
drink, the names and addresses of all its officers, members of its
Board of Directors, all stockholders and ownership interests shall
be required; otherwise, this requirement pertaining to stockholders
shall be optional at the discretion of the Director of Public Safety.
C. Information Requested.
1. The place of birth of each applicant and if the applicant is a naturalized
citizen, the date and place of naturalization.
2. Whether or not the applicant has been convicted of a felony.
3. Whether or not any distiller, wholesaler, winemaker, brewer or supplier
of coin-operated, commercial, manual or mechanical amusement devices,
or the employees, officers or agents thereof, has any financial interest
in the retail business of the applicant for the sale of alcoholic
beverages, or a C.O.L. and whether or not the applicant, either directly
or indirectly, will borrow or accept from any such persons equipment,
money, credit or property of any kind except ordinary commercial credit
for liquor sold.
4. A complete description of the plans, specifications and fixtures
in the applicant's proposed place of business if the application is
for a retail license; provided however, that this shall apply only
when application is for a new location or change in the plans or specifications
within a previously established location.
5. A statement that the applicant will not violate any of the ordinances
of the City, the laws of the State or of the United States in the
conduct of the business.
6. A comprehensive and informative statement to disclose the true ownership
and management of the business and the location, place or premises
for which a license is sought.
7. Whether or not the proposed location, place or premises is within
one hundred (100) feet of a school or church.
D. Full, True And Complete Answers Required. No license shall
be granted hereunder unless the applicant renders full, true and complete
answers to all questions contained in said application.
E. Application For Original Package License. If the application
seeks an original package license, an affidavit by the individual
owner, or if a partnership, all of said partners, or if a corporation,
the managing officer of said corporation, must be submitted therewith
and contain therein the type of business presently engaged in or in
conjunction with which the license shall be used, and further, stating
that the said applicant has and at all times keeps in his/her place
of business a stock of goods having an invoice value of at least one
thousand dollars ($1,000.00), exclusive of fixtures and intoxicating
liquors.
F. Supplemental Reports. The licensee, upon request of the
Director, shall file a supplemental report within fifteen (15) days
of any loan made to the licensee of money or credit relating directly
or indirectly to the licensed business.
[R.O. 2008 §600.360; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
No person or any employee, officer, agent, subsidiary or affiliate
thereof shall have more than three (3) licenses, nor be directly or
indirectly interested in any business of any person, or of any employee,
officer, agent, subsidiary or affiliate thereof, to sell intoxicating
liquor at retail by the drink for consumption on the premises described
in any license, nor shall any intoxicating liquor be sold at retail
by the drink for consumption at the place of sale at more than three
(3) places in the City by any person or corporation or by any employee,
officer, agent, subsidiary or affiliate thereof; provided that, in
determining whether any person or any employee, officer, agent, subsidiary
or affiliate thereof has a disqualifying interest in more than three
(3) licenses, there shall not be counted any license to sell intoxicating
liquor at retail by the drink for consumption on premises which includes
a restaurant at least fifty percent (50%) of the gross income of which
is derived from the sale of prepared meals or food consumed on the
premises where sold.
[R.O. 2008 §600.370; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. The
Director shall supervise an immediate, thorough investigation of application
received hereunder and the character, background, associates, financial
investments and indebtedness of the applicant. The suitability of
the location and surrounding conditions of the proposed premises shall
also be investigated. The Director shall report to the City Council
on the results of his/her investigation.
B. The
Director shall furnish to the City Council all pertinent information
contained in the Police Department records and the results of submission
of the fingerprints to the Federal Bureau of Investigation.
C. In
an effort to offset the expense of the investigation process, all
new license applications shall pay a non-refundable investigation
fee of one hundred dollars ($100.00) in addition to the license fee.
D. If
an existing license holder in good standing applies for an additional
license whether at the same address or a different address, an investigation
fee shall not apply.
[R.O. 2008 §600.380; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. If
an application for a license hereunder is approved by the City Council
and payment of the license tax made in the form of a bank draft, United
States or express money order, certified check or cashier's check
payable to the City of Maryville for the correct amount of the license
fee, the City Clerk shall grant to the applicant a license to operate
and conduct business at the location in the City for the period as
set forth in the license certificate. Every license shall set forth
the type of license granted and shall particularly describe the premises
at which alcoholic beverages may be sold, and such license shall not
authorize or permit the sale of alcoholic beverages at any place other
than that described therein.
B. An
approved application for an alcohol license by the Maryville City
Council shall be temporary in nature, until the applicant receives
a valid County and State license. The license shall not become permanent
until the noted expiration when the applicant provides the City Clerk
with a copy of the valid State license. In the event the license is
denied by the State or a copy of the State license is not submitted
to the City of Maryville within forty-five (45) days of City Council
approval, the City of Maryville alcohol license shall become void
immediately.
[R.O. 2008 §600.385; Ord. No. 7003 §1, 4-28-2008]
A. Upon
receipt of application, the City Manager or City Clerk shall verify
whether or not a temporary permit to cater, at retail, intoxicating
liquor by the drink for consumption at particular function, occasion
or event at a particular location other than the licensed premises.
Applicant shall hold a liquor-by-the-drink license with the City of
Maryville. Said application shall be received no less than fifteen
(15) days prior to scheduled event. The temporary permit shall be
effective for a period not to exceed seven (7) consecutive days and
shall authorize the service of alcoholic beverages at such function,
occasion or event during the hours at which alcoholic beverages may
be lawfully sold. For every permit issued, a fee of ten dollars ($10.00)
shall be paid for each calendar day (12:00 A.M. to 11:59 P.M. = 1
day) for which the permit is issued.
B. An
applicant granted a permit for outdoor catering shall install temporary
fencing which designates the catered area to which the permit applies.
C. If
catering event is held on City property, a general liability policy
of insurance which names the City as an additional insured shall be
obtained by the applicant in an amount equal to the sovereign immunity
limits of the City as calculated pursuant to Section 537.610, RSMo.
(or its successor). A copy of which shall be provided to the City
Clerk prior to the time such permit is issued.
[R.O. 2008 §600.390; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A bona fide purchaser of an existing establishment who possess
all the individual qualifications required by this Chapter may be
issued a license.
[R.O. 2008 §600.395; Ord. No. 7003 §1, 4-28-2008]
A. Occupancy limits will be calculated in accordance with the currently adopted Fire Code, as indicated in Chapter
225: Fire Code, of the Maryville Municipal Code.
B. Occupancy
limits will be enforced by the Public Safety Department.
[R.O. 2008 §600.400; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A licensee hereunder shall be in possession of the premises,
or have the legal right to occupy the same, before any license shall
be issued hereunder.
[R.O. 2008 §600.410; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6829 §§1 — 2, 5-15-2006; Ord. No. 7003 §1, 4-28-2008]
A. No
license shall be granted for the sale of intoxicating liquor within
one hundred (100) 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 consent of the City Council, except that
when a school, church or place of religious worship shall hereafter
be established within one hundred (100) feet of any place of business
licensed to sell intoxicating liquor, the license thereof shall not
be denied for this reason. Such consent shall not be granted until
ten (10) days' written notice has been provided to all owners of property
within one hundred (100) feet of the proposed licensed business.
B. Subsection
(A) of this Section shall not apply to any premises holding a license issued before May 1, 2005, by the City of Maryville for the sale of intoxicating beer. 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.
[R.O. 2008 §600.420; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
All licenses granted by virtue of this Chapter shall be signed
by the Mayor and attested by the City Clerk with the Seal of the City
affixed thereon.
[R.O. 2008 §600.430; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
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 defined in this Chapter, by the drink
at retail for consumption on the premises of any resort as described
in the application.
B. A seasonal
resort restaurant is a restaurant which is not a new restaurant establishment
and which is open for business eight (8) or fewer consecutive months
in any calendar year. Fifty percent (50%) of all gross sales of such
restaurant shall be sales of prepared meals. Any new seasonal resort
restaurant establishment having been in operation for less than twelve
(12) weeks may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises for
a period not to exceed ninety (90) days if the seasonal resort restaurant
establishment can show a projection for annualized gross sales of
which fifty percent (50%) shall be sales of prepared meals. The temporary
license fee and the annual license fee shall be prorated to reflect
the period of operation of the seasonal resort restaurant. The license
shall be valid only during the period for which application was made
and for which the fee was paid. Any seasonal resort restaurant upon
resuming business for its season of operation shall not be considered
a new establishment for purposes of issuing a temporary license. Nothing
in this Subsection shall prohibit a seasonal resort restaurant from
becoming a resort restaurant upon application, payment of fees, and
compliance with the requirements of this Chapter.
C. The
times for opening and closing the establishments as fixed in Section
311.290, RSMo., the authority for the collection of fees by counties
as provided in Section 311.220, RSMo., and all other laws and regulations
of the State relating to the sale of liquor by the drink for consumption
on the premises where sold shall apply to resorts in the same manner
as they apply to establishments licensed under Section 311.090, RSMo.
D. Any
new resort or restaurant establishment having been in operation for
less than ninety (90) days may be issued a temporary license to sell
intoxicating liquor by the drink at retail for consumption on the
premises for a period not to exceed ninety (90) days if the resort
or restaurant establishment can show a projection of an annual gross
receipts of not 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. The license fee shall be
prorated for the period of the temporary license based on the cost
of the annual license for the establishment.
[R.O. 2008 §600.440; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
Before any license required by this Chapter shall be issued,
the annual fee required therefore shall be paid to the City Clerk.
Annual license fees required for licenses under this Chapter shall
be the maximum amount allowable according to the State law (Fees =
1½ x State's fees) Section 311.220, RSMo.
[R.O. 2008 §600.450; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6001 §1, 11-10-1997; Ord. No. 7003 §1, 4-28-2008]
A. Sales By Drink And COL Licenses. Each person holding a license
under this Chapter and desiring such license renewed shall file with
the City Clerk an application for license renewal on or after the
first (1st) day of June of each year.
B. Proper Parties To File. The application shall be filed by
President or other officer who has authority to act on behalf of the
corporation for such matters, as evidenced by written documentation
provided to the City by the corporation; and if such officer is not
the manager of the location for which the license is to apply, then
the manager shall also sign as a co-applicant on behalf of the corporation.
Should the manager of such location be replaced during the license
term, the new manager shall so advise the City immediately and shall
make all subsequent renewals during such manager's tenure.
C. Contents Of Application. The application shall disclose
in affidavit form the following information along with any other information
deemed necessary:
1. A comprehensive and informative statement to disclose the true ownership
and management of the business including the names and addresses of
any and all persons who may be engaged in, either directly or indirectly,
any part of the management or control of the business.
2. Whether or not the applicant has been convicted of a felony.
3. Whether or not any distiller, wholesaler, winemaker, brewer or supplier
of coin-operated, commercial, manual or mechanical amusement devices
or the employees, officers or agents thereof has any financial interest
in the retail business of the applicant for the sale of alcoholic
beverages or C.O.L., and whether or not the applicant, either directly
or indirectly, will borrow or accept from any such persons equipment,
money, credit or property of any kind except ordinary commercial credit
for liquor sold.
4. A statement that the applicant will not violate any of the ordinances
of the City, the laws of the State or of the United States in the
conduct of the business.
D. Penalty. If any licensee fails to file the application for
license to transfer any license issued by virtue of this Chapter,
and no license shall be effective at any place except upon those premises
for which said license was originally issued, provided however, that
in the event a license hereunder should obtain a buyer, lessee, sublessee
or assignee for the establishment for which license was issued, said
buyer, lessee, sublessee or assignee shall be given prior consideration
for a license on condition of compliance with all provisions of this
Article.
[R.O. 2008 §600.455; Ord. No. 6001 §1, 11-10-1997; Ord. No. 7003 §1, 4-28-2008]
A. Right To Deny. The City Council may deny or decline to grant
an application for a license or an application for renewal of a license
upon any of the following:
1. Finding that the applicant is not qualified under the provisions
of this Chapter;
2. Finding that any of the Subsections in Section
600.250(A) are true;
3. Finding, in its discretion, that it is not advisable to grant a license
to the applicant;
4. Finding that the proposed location is unsatisfactory; or
5. Finding it is not in the best interest of the City of Maryville to
grant or renew such a license.
B. Right To Hearing. In the event the City Council of the City
of Maryville shall fail or refuse to grant or renew a license under
the provisions of this Chapter, the applicant shall be entitled to
a formal hearing. Notice of the denial or declination to grant an
application shall be given to the applicant by either personally serving
notice of the same upon the applicant or by mailing notice to applicant
by certified mail to the last known address or the residence address
of the applicant. Said notice shall inform applicant of the right
to a hearing on the issue and the procedures for requesting a hearing.
Said notice shall be provided within ten (10) days of the decision
of the Council, absent extenuating circumstances.
C. Hearing Request. Applicant may request a formal hearing
before the City Council by filing a request for the same with the
City Clerk on the form provided by the City. Said notice must be filed
within ten (10) days of applicant receiving the notice pursuant to
this Section.
D. Notice Of Or Denial Of Renewal Or A License Hearing. The
City Clerk shall notify the applicant, in writing, of the intent of
the City Council to hold a formal hearing on the issue of denial of
a license or denial of renewal of a license granted pursuant to this
Chapter. Said notice shall provide the applicant notice of the date,
time and location of the hearing and shall either be personally served
on the applicant or a copy shall be mailed by registered or certified
mail to the last known address of the applicant or the residence address
of the applicant. The applicant shall receive said
notice not less than ten (10) days prior to the hearing.
E. Notice Of Grounds For Hearing. After consultation with the
City Attorney, the City Clerk shall provide written notice to the
applicant of the grounds to be presented to the City Council on the
issue of denial pursuant to this Chapter. Said notice shall be personally
served upon the applicant or a copy shall be mailed by registered
or certified mail to the last known address of the applicant or residence
address of the applicant. The applicant shall receive said notice
not less than ten (10) days prior to the hearing.
F. Continuances. Upon its own motion or at the request of any
party, including the applicant or the City Attorney, the City Council
may grant such reasonable continuances of the formal hearing as it
deems appropriate and may grant such temporary licenses for specific
duration for such prorated fees as the City Council deems appropriate.
G. Hearing Procedure. The Council shall consider all information,
documents and testimony presented at the formal hearing and then render
its decision based thereon. The hearing need not be conducted according
to the applicable rules of evidence as applied by judicial bodies
in the State of Missouri. However, the hearing procedure shall ensure
that a fair and impartial forum is provided at which each party shall
have the right to:
1. Call and examine witnesses on any matter relevant to the issues of
the hearing;
2. Introduce documentary and physical evidence;
3. Cross-examine opposing witnesses on any matter relevant to the issues
of the hearing;
4. Rebut any evidence presented; and
5. Represent themselves or be represented by an attorney of their choice.
|
The City Attorney shall present the evidence supporting the
denial. Witnesses may be subpoenaed or may voluntarily appear at such
hearing. Before any witness shall testify at any such hearing or proceeding,
the witness shall swear to testify under oath. All proceedings and
such hearings shall be taken down stenographically or recorded mechanically
or electronically or a combination thereof. Said proceeding shall
be transcribed whenever required by law.
|
H. Decision Of City Council. At the conclusion of all the evidence,
the Council may grant or deny the application for a license or the
application for renewal of a license. Notice of any denial or declination
to grant an application shall be given to the applicant by either
personally serving notice of the same upon the applicant or by mailing
notice to applicant by certified mail to the last known address or
the residence address of said applicant. Said notice shall be provided
within ten (10) days of the decision of the Council, absent extenuating
circumstances.
[R.O. 2008 §600.460; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A license may, subject to the approval of the City Council upon
application in writing, be transferred to any other part of the building
containing the licensed premises if the premises sought to be licensed
meet the requirements of this Chapter.
[R.O. 2008 §600.470; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
In the event of the death of a licensee, any relative of such
deceased licensee, who shall meet the other requirements of this Article,
may be permitted to operate the business of the licensee for the remainder
of the period for which a license fee has been paid by the deceased
licensee.
[R.O. 2008 §600.475; Ord. No. 7003 §1, 4-28-2008]
No fees paid for an alcoholic beverage license or permit shall
be refunded, whether partially or in full, once a determination is
made with regard to the approval or denial of the license/permit.
[R.O. 2008 §600.480; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
All licenses duly issued and obtained in compliance with this
Chapter shall, at all times, be placed in an open and conspicuous
location within the premises being operated thereunder.
[R.O. 2008 §600.490; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. Whenever
proof that a license has been lost or destroyed is furnished by a
licensee, a duplicate in lieu thereof shall be issued by the City
upon payment of the sum of five dollars ($5.00) by the said licensee
and submission by the latter of an application for a duplicate license
in the form provided wherein true and complete answers must be given
to the following:
1. The date upon which the license was lost or destroyed.
2. The circumstances under which the license was lost or destroyed.
3. A request that a duplicate license be issued.
[R.O. 2008 §600.500; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
If one (1) or more members of a partnership having a license
withdraws from the partnership, the Director upon application accompanied
by a bill of sale or affidavit or transfer shall allow the remaining
partner or partners originally licensed to continue the operation
under the original license for the remainder of the period for which
the license fee has been paid and it shall not be necessary for the
remaining partner or partners to secure a new license until the expiration
of the license.
[R.O. 2008 §600.510; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. Orders Off Licensed Premises, Prohibited. No orders for
the sale of alcoholic beverages at retail shall be taken at any place
not licensed under this Chapter for the sale of alcoholic beverages,
even though such orders are filled and delivery thereon made at a
place duly licensed hereunder. Nothing in this provision shall be
construed as to prevent any hotel or motel operator or private club
from serving any alcoholic beverages to any guest, including registered
guests, in or occupying any room of such hotel, motel or private club,
if such alcoholic beverage so served shall be kept in or served from
a licensed location, place or premises in such hotel, motel or private
club.
B. Displaying Of License On Premises Other Than Those Licensed, Prohibited. No licensee shall post such license or allow such license to be
posted upon premises other than the premises licensed, or upon premises
where traffic in alcoholic beverages is being carried on by any person
other than the licensee, or knowingly deface, destroy or alter any
such license in any respect.
All such licensees shall keep prominently displayed on their
licensed premises at all times which their City license is in effect
all Federal tax stamps or State licenses issued to them or to any
other person designating them or the licensed premises as a person
or place authorized by the Federal Government or State to deal in
alcoholic beverages or "C.O.L.".
C. Prohibited Interests. No license for the sale of alcoholic
beverages at retail or "C.O.L." license shall be issued to any person
in which any distiller, wholesaler, winemaker, brewer or supplier
of coin-operated commercial, manual or mechanical amusement devices,
or the employees, officers or agents thereof, has any financial interest
or has furnished, directly or indirectly, equipment, money, credit
or property of any kind except ordinary commercial credit for alcoholic
beverages.
[R.O. 2008 §600.520; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. Consumption On Premises. It shall be unlawful for the holder
of a full original package sales license, or any employee, agent or
servant of such licensee, to allow the consumption of any alcoholic
beverages in or upon the licensed premises. It shall be unlawful for
any person to consume alcoholic beverages on such premises.
B. Other Than Original Package. It shall be unlawful for such
licensee or any employee, agent or servant of such licensee to sell,
dispense or give away alcoholic beverages except in the original package.
C. Alcoholic Beverages, Posted "Not For Sale", When. All such
licensees whose place of business remains open on the days and at
the hours when the sale and consumption of alcoholic beverages is
prohibited by law shall, at all times upon such days and at such hours,
keep all alcoholic beverages covered or closed off from the view of
customers and posted by conspicuous notice "Not for Sale". Any alcoholic beverages in view of customers or not so posted shall
be deemed an illegal sale of same and grounds for the suspension or
revocation of the license.
[R.O. 2008 §600.530; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
A. Consumption On Premises. It shall be unlawful for the holder
of a license for the sale of malt liquor in the original package,
or any agent, servant or employee of such licensee, to allow the consumption
of any alcoholic beverages on such premises.
B. Unlicensed Beverages On Premises. It shall be unlawful for
such licensee, or any agent, servant or employee of such licensee,
to have in or upon the licensed premises any intoxicating liquor other
than malt liquor.
C. Malt Liquor To Be Posted "Not For Sale", When. All such
licensees whose places of business remain open on the days and at
the hours when the sale and consumption of alcoholic beverages is
prohibited by law shall keep all malt liquor covered or closed off
from the view of customers and posted by conspicuous notice "Not for Sale". Any alcoholic beverages in view of customers
or not so posted shall be deemed an illegal sale of the same and grounds
for the suspension or revocation of the license.
[R.O. 2008 §600.540; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7003 §1, 4-28-2008]
No wholesale licensee shall extend commercial credit to any
retailer beyond the limitations provided in the State Statutes or
by regulations pursuant thereto.
[Ord. No. 8272, 5-26-2020]
A. License
Fee. A microbrewer's license shall authorize the licensee to manufacture
beer and malt liquor in quantities not to exceed ten thousand (10,000)
barrels per annum. A microbrewery license fee shall be paid and collected
in the amount of seven dollars fifty cents ($7.50) for each one hundred
barrels of fraction thereof, up to a maximum license fee of three
hundred seventy-five dollars ($375.00).
B. Retail
License. Notwithstanding any other provision of this Chapter to the
contrary, the holder of a microbrewery license may apply for, and
the supervisor of liquor control may issue, a license to sell all
kinds of intoxicating liquor by the drink at retail for consumption
on the premises of the microbrewery, in close proximity to the microbrewery,
or in the original package for off-premises consumption.
C. Wholesalers.
The holder of a microbrewer's license may also sell beer and malt
liquor produced on the brewery premises to duly licensed wholesalers.
However, holders of a microbrewer's license shall not, under any circumstances,
directly or indirectly, have any financial interest in any wholesaler's
business, and all such sales to wholesalers shall be subject to the
restrictions of Section 311.181 and 311.182, RSMo.
D. Applicability.
Except as specifically provided in this Section, in all respects the
provisions of this Chapter shall apply to all microbrewery applicants
and licenses.