[Ord. No. 246 §§1 —
2, 2-12-1976]
As used in this Chapter the following terms shall have these
prescribed meanings:
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.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator, or other
officer appointed by any State or Federal court.
[Ord. No. 246 §3, 2-12-1976]
It shall be unlawful for any person, firm, partnership or corporation
to sell or expose for sale within Velda City intoxicating liquors
in any quantity without taking out a license to do so.
[Ord. No. 460 §4, 1-12-1994]
A.
No
person shall be granted a license hereunder unless such person is
of good moral character and a qualified legal voter and tax paying
citizen of St. Louis County or Velda City, nor shall any corporation
be granted a license hereunder unless the managing officer of such
corporation is of good moral character and a qualified voter and tax
paying citizen of the County of St. Louis or Velda City; and no person
shall be granted a license hereunder whose license as such dealer
has heretofore been revoked, or who has been convicted of a felony,
or any law pertaining to the sale of intoxicating liquor in the State
of Missouri, or who employs in his/her business as such dealer, any
person whose license has been revoked, or who has been convicted of
a felony or any law pertaining to the sale of intoxicating liquor
within the State of Missouri.
B.
Any
person possessing the qualifications and meeting the requirements
of Chapter 311 of the Revised Statutes of Missouri, who possesses
a State license to sell intoxicating liquor in the original package
at retail under Sections 311.200 and 311.293, RSMo., may apply for
a special Velda City license to sell intoxicating liquor in the original
package at retail.
[Ord. No. 246 §5, 2-12-1976]
Any license issued under the provisions of this Chapter shall
be by the Board of Aldermen who shall require the applicant to file
a written application with the Board, which application shall contain
the information reasonably required to comply with the provisions
of this Chapter, and which application shall be under oath. The applicant
for such license shall appear in person before the Board of Aldermen
when presenting such application.
[Ord. No. 246 §6, 2-12-1976]
No license shall be granted for the sale of intoxicating liquors
as provided in this Chapter 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 the consent
in writing of the Board of Directors of the school or the consent
in writing of the majority of the managing board of such church or
place of worship. Provided however, when a school or church or place
of worship shall hereafter be established within one hundred (100)
feet of any place licensed to sell intoxicating liquors, the license
shall not be denied for lack of consent in writing as herein provided.
[Ord. No. 246 §7, 2-12-1976]
A.
No
license shall be issued for the sale of intoxicating liquors in the
original package, not to be consumed upon the premises where sold
except to a person engaged in and to be used in connection with the
operation of any of the following businesses: a drug store, cigar
and tobacco store, grocery store, general merchandise store, confectionery
or delicatessen store, nor to any such person who does not have and
keep in his/her store, a stock of goods having a value, according
to invoices, of at least one thousand dollars ($1,000.00), exclusive
of fixtures and intoxicating liquors.
B.
Under
such license issued as aforeprovided no intoxicating liquor shall
be consumed on the premises where sold nor shall any original package
be opened on the premises.
[Ord. No. 460 §8, 1-12-1994]
For every license for sale at retail in the original package
under the provisions of this Chapter, the licensee shall pay to the
Collector of Velda City, Missouri, the sum of one hundred fifty dollars
($150.00) per year, due upon issuance of said license. Except that
an additional sum of three hundred dollars ($300.00) per year shall
be due upon issuance of a special license for the privilege of selling
intoxicating liquor in the original package at retail between the
hours of 11:00 A.M. and Midnight on Sundays within the City limits
of Velda City, Missouri. The annual license shall expire on the thirty-first
(31st) of December of each year.
[Ord. No. 246 §9, 2-12-1976]
A.
Every
license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquors may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquors at any place other than that described in
the license issued.
B.
Renewal. Applications for renewal of licenses must be filed
with the Board of Aldermen on or before the first (1st) day of January
of each calendar year.
C.
Licenses Non-Transferable — Exceptions.
1.
No license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this law may make application
and the City 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.
2.
Whenever one (1) or more members of a partnership withdraws from
the partnership the City, 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.
[Ord. No. 246 §10, 2-12-1976]
It shall be unlawful for any person holding a retail intoxicating
liquor license hereunder to purchase any intoxicating liquor except
from, by or through a duly licensed wholesale liquor dealer in the
State of Missouri.
A.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B), 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 this Chapter 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.
B.
In
any place of business licensed in accordance with Sections 311.200
or 312.040, RSMo., persons at least eighteen (18) years of age may
stock, arrange displays, operate the cash register or scanner connected
to a cash register and accept payment for, and sack for carryout,
intoxicating liquor or non-intoxicating beer. Delivery of intoxicating
liquor or nonintoxicating 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. Any
wholesaler licensed pursuant to this Chapter or Chapter 312, RSMo.,
may employ persons of at least eighteen (18) years of age to rotate,
stock and arrange displays at retail establishments licensed to sell
intoxicating liquor or non-intoxicating beer.
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. 246 §13, 2-12-1976]
A State operator's or chauffeur's license or State identification
card shall be presented by the holder upon request of the licensee,
or the duly authorized employee of the licensee to determine whether
or not the person desirous of making a purchase of intoxicating liquor
of such person is of age as herein provided. Upon the presentation
of such identification the licensee or employee thereof, shall compare
the photo and physical characteristics noted on such identification
with the person requesting such purchase.
[Ord. No. 246 §14, 2-12-1976]
For the purpose of carrying out the provisions of this Chapter,
the Board of Aldermen shall have exclusive authority to suspend or
revoke for cause any license issued hereunder, or refuse to issue
a license, or a renewal thereof, provided such licensee be first granted
a hearing at which he/she may be represented by counsel if so desired.
Any licensee under this Chapter, or his/her 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/her 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.
