[CC 1971 §3-1; Ord. No. 746 §1; Ord. No. 1008 §§1 — 2, 2-12-2008]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
Includes alcohol for beverage purposes, alcohol, spirituous,
vinous or fermented and all preparations or mixtures for beverage
purposes containing in excess of one-half of one percent (.5%) of
alcohol by volume except for non-intoxicating beer as defined in Section
312.010, RSMo.
Wine containing not in excess of fourteen percent (14%) of
alcohol by weight manufactured exclusively from grapes, berries and
other fruits and vegetables.
Any beverage manufactured from pure hops or pure barley malt
or wholesome grains or cereals and wholesome yeast and pure water,
containing alcohol in excess of three and two-tenths percent (3.2%)
by weight and not in excess of five percent (5%) by weight.
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 and free from all harmful substances, preservatives
and adulterants and having an alcoholic content of more than one-half
of one percent (.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
Any package containing three (3) or more standard bottles
or cans of malt liquor or non-intoxicating beer, to fifty (50) milliliters
(1.7 ounces) or more of spirituous liquors and one hundred (100) milliliters
(3.4 ounces) or more of vinous liquors in the manufacturer's original
container. A standard bottle is any bottle or can containing twelve
(12) ounces or less of malt liquor or non-intoxicating beer.
As used in this Chapter shall, as the case may require, be
deemed to refer to, include and apply to any person, firm, company,
association or corporation to whom or to which any provision of this
Chapter applies or may apply.
[1]
Editor's Note — Ord. no. 907 §1, adopted on July
9, 2002, repealed §605.020 "public drunkenness" in its entirety.
Former §605.020 derived from CC 1971 §3-2; ord. no. 166
§1, 4-30-2013; and ord. no. 386 §1, 5-6-1935.
[Ord. No. 703 §1, 5-4-1982]
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,
malt liquor or non-intoxicating beer in any quantity between the hours
of 1:30 A.M. and 6:00 A.M. on weekdays and no intoxicating liquor,
malt liquor or non-intoxicating beer may be sold, given away or otherwise
disposed of as herein provided between the hours of 1:30 A.M. Sunday
and 6:00 A.M. Monday.
[Ord. No. 800 §605.031, 7-20-1993; Ord. No. 832 §601.031, 5-2-1995; Ord. No. 928 §1, 11-18-2003]
The holder of any license issued under the terms of this Chapter
may also apply for a special license to sell intoxicating liquor,
at retail, in the original package, not to be consumed on the premises
where sold, between the hours of 9:00 A.M. and Midnight on Sundays.
The special license shall be the sum of three hundred dollars ($300.00)
per year. Such application does not require separate approval by the
Board of Aldermen, and the special license provided herein may be
issued forthwith upon the receipt of the application and special fee.
[Ord. No. 1008 §2, 2-12-2008]
When January first (1st), March seventeenth (17th), July fourth
(4th) or December thirty-first (31st) fall on Sunday, and on the Sundays
prior to Memorial Day and Labor Day and on the Sunday on which the
national championship game of the National Football League is played,
commonly known as "Super Bowl Sunday", any person having a license
to sell intoxicating liquor by the drink may be open for business
and sell intoxicating liquor by the drink under the provisions of
his license on that day from the time and until the time which would
be lawful on another day of the week.
[CC 1971 §3-6; Ord. No. 386A §10, 12-2-1935; Ord. No. 872 §605.040, 9-23-1997; Ord. No. 906 §§1 —
2, 6-11-2002]
It shall be unlawful for any person to supply, distribute, possess
or consume intoxicating liquor or non-intoxicating beer on any premises
located within the City limits of Rock Port which is owned by the
City of Rock Port or the Parks Board, unless the promoters of the
event have first secured a special event permit from the Board of
Aldermen of the City of Rock Port and have complied with all applicable
State and municipal regulations regarding the possession, sale and
distribution of intoxicating liquor and non-intoxicating beer. The
City Clerk shall provide the applicant with the forms necessary for
such application. In addition to all other required information, the
application shall bear the consent and approval of the owner and any
tenant of the premises.
[Ord. No. 906 §2, 6-11-2002]
A.
A person
seeking issuance of a special event permit shall file an application
in the office of the City Clerk on forms provided by the City.
1.
Filing period. An application for a special event
permit shall be filed not less than fifteen (15) days nor more than
forty-five (45) days before the date on which the special event is
to occur. The Board of Aldermen may, in its sole discretion, consider
an application filed less than fifteen (15) working days before the
special event.
2.
Contents. The application shall contain the following
information:
a.
The nature of the special event;
b.
A description of the special event, including the hours when it will
start and terminate and the location of the event;
c.
The name, address and telephone number of the person responsible
for the event;
d.
The signature of at least one (1) adult who is responsible for the
event;
e.
Proof of sufficient insurance for the holding of the special event;
f.
Consent and approval for the special event by all owners and tenants
in possession of the premises.
[Ord. No. 906 §2, 6-11-2002]
A.
The
Board of Aldermen may issue a special events permit when, from the
consideration of the application and such other information as is
obtained, they find that:
1.
The proposed event and its location are permitted by the terms of
this Chapter;
2.
The application complies in all respects with the requirement of
this Chapter;
3.
The concentration of persons or vehicles at the event will not unduly
interfere with proper fire and Police protection of the area nor interfere
with providing ambulance service to the area;
4.
The conduct of the special event is not likely to cause injury to
persons or property or to provoke disorderly conduct or create a disturbance.
[Ord. No. 906 §2, 6-11-2002]
The Board of Aldermen shall act upon the application for a special
event permit in a timely manner. If the Board of Aldermen disapproves
the application, the applicant shall be notified by appropriate means
which shall include notice by mail to the person designated in the
application for the special event permit. The notice shall set forth
the reason for the denial.
[Ord. No. 906 §2, 6-11-2002]
Any person aggrieved by the denial of the special events permit
shall have the right to appeal the decision of the Board of Aldermen
in accordance with law.
[Ord. No. 907 §§1 —
2, 7-9-2002]
A.
It
shall be unlawful for any licensee under this Chapter, or its employee
or agent, 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 or to any person intoxicated or appearing to be in a state
of intoxication. However, this Section shall not apply to the sale
or dispensing of intoxicating liquor to an individual by his parent
or guardian, to the supplying of intoxicating liquor to a person for
medical purposes only, nor to the administering of such intoxicating
liquor to a person by a duly-licensed physician.
B.
It
shall be unlawful for any person under this Chapter, or its employee
or agent, to sell, vend, give away or otherwise supply any non-intoxicating
beer 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. However, this Section shall not apply to the sale
or dispensing of non-intoxicating beer to an individual by his parent
or guardian, to the supplying of non-intoxicating beer to a person
for medical purposes only, nor to the administering of such non-intoxicating
beer to a person by a duly-licensed physician.
C.
It
shall be unlawful for any person whomsoever, except for the person's
parent or guardian, to procure for, 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. However, this Section
shall not apply to the supplying of intoxicating liquor to a person
for medical purposes only nor to the administering of such intoxicating
liquor to a person by a duly-licensed physician.
D.
It
shall be unlawful for any person whomsoever, except for the person's
parent or guardian, to procure for, sell, vend, give away or otherwise
supply any non-intoxicating beer 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. However, this Section
shall not apply to the sale or dispensing of non-intoxicating beer,
to the supplying of non-intoxicating beer to a person for medical
purposes only, nor to the administering of such nonintoxicating beer
to a person by a duly-licensed physician.
[1]
Editor's Note — Ord. no. 907 §1, adopted July 9,
2002, repealed section 605.050 "sale to certain persons restricted"
and enacted the new provisions set out herein. Former section 605.050
derived from CC 1971 §3-7, ord. no. 386A §11, 12-2-1935.
State Law Reference — Similar provisions, RSMo., sections
311.310 and 312.400.
[Ord. No. 907 §§1 —
2, 7-9-2002]
It shall be unlawful for any person under the age of twenty-one
(21) years to represent that he or 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 or non-intoxicating beer.
[1]
Editor's Note — Ord. no. 907 §1, adopted July 9,
2002, repealed section 605.060 "purchase by minors prohibited" and
enacted the new provisions set out herein. Former section 605.060
derived from CC 1971 §3-8, ord. no. 386A §11, 12-2-1935.
State Law Reference — Similar provisions, RSMo., sections
311.320 and 312.405.
[Ord. No. 964 §§1 —
2, 11-8-2005]
A.
It
shall be unlawful for any person under the age of twenty-one (21)
years to purchase or attempt to purchase any intoxicating liquor or
non-intoxicating beer as defined by Missouri law.
B.
It
shall be unlawful for any person under the age of twenty-one (21)
years to have in his or her possession any non-intoxicating beer as
defined by Missouri law.
C.
It
shall be unlawful for any person under the age of twenty-one (21)
years to have in his or her possession any intoxicating liquor as
defined by State law or to be visibly intoxicated as that term is
defined by State law or to have a detectible blood alcohol content
of two-hundredths of one percent (.02%) or more by weight of alcohol
in such person's blood.
D.
For
the purpose of determining a violation of this Section or any other
provision of this Chapter involving an alleged illegal sale, transfer
to or possession of intoxicating liquor by a person under twenty-one
(21) years of age, a manufactured-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is such 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 the person and it shall be presumed that a sealed
container describing that there is intoxicating liquor therein contains
intoxicating liquor.
E.
For
the purpose of determining a violation of this Section or any other
provision of this Chapter involving an alleged illegal sale, transfer
to or possession of non-intoxicating beer by a person under twenty-one
(21) years of age, a manufactured-sealed container describing that
there is non-intoxicating beer therein need not be opened or the contents
therein tested to verify that there is such non-intoxicating beer
in such container. The alleged violator may allege that there was
not non-intoxicating beer in such container, but the burden of proof
of such allegation is on the person and it shall be presumed that
a sealed container describing that there is non-intoxicating beer
therein contains nonintoxicating beer.
[1]
Editor's Note — Ord. no. 907 §1, adopted July 9,
2002, repealed section 605.070 "possession by minors" and enacted
the new provisions set out herein. Former section 605.070 derived
from CC 1971 §3-9; ord. no. 386A §11, 12-2-1935.
State Law Reference — Similar provisions, RSMo., sections
311.325 and 312.407.
[1]
Editor's Note — Ord. no. 964 §§1 — 2, adopted November 8, 2005, repealed sections 605.070 "minor in possession of intoxicating liquor" and 605.075 "minor in possession of non-intoxicating beer" and enacted new provisions set out in Section 605.070. Former sections 605.070 — 605.075 derived from ord. no. 907 §§1 — 2, 7-9-2002. Section 605.075 has been reserved for the city's future use.
[Ord. No. 717 §3-10, 12-20-1983; Ord. No. 1008 §§1 — 2, 2-12-2008]
No license shall be granted for the sale of intoxicating liquor, as defined in Section 605.010, 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 Aldermen, City Council, or other proper authorities of any incorporated City, Town or Village, except that when a school, church or place of worship shall hereafter be established within one hundred (100) 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 (10) days' written notice has been provided to all owners of property within one hundred (100) feet of the proposed licensed premises.
[CC 1971 §3-21; Ord. No. 386A §3, 12-2-1935]
It shall be unlawful for any person to manufacture, sell or
expose for sale, either at wholesale or retail, in the City, either
intoxicating liquor, malt liquor or non-intoxicating beer in any quantity
without first having obtained a license from the City therefor.
[CC 1971 §3-22; Ord. No. 386A §16, 12-2-1935; Ord. No. 1008 §§1 — 2, 2-12-2008]
No person shall be granted a license under this Chapter unless
such person is of good moral character and a qualified legal voter
and a taxpaying citizen of the County, Town, City or Village, nor
shall any corporation be granted a license hereunder unless the managing
officer of such corporation is of good moral character and a qualified
legal voter and taxpaying citizen of the County, Town, City or Village;
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 manufacture or sale of intoxicating liquor, or who
employs in his business as such dealer any person whose license has
been revoked or who has been convicted of violating such law since
the date aforesaid; provided, that nothing in this Section contained
shall prevent the issuance of licenses to non-residents of Missouri
or foreign corporations for the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of intoxicating liquors
to, by or through a duly licensed wholesaler within this State.
[CC 1971 §3-23; Ord. No. 386A §12, 12-2-1935]
All applications for licenses required by this Chapter shall
be made in writing to the Board of Aldermen and shall accurately describe
the premises where the business is to be conducted. All applications
for such licenses shall be passed on by the board, and on approval
of an application, the Board shall instruct the City Clerk to issue
said license on payment of the required fee.
[CC 1971 §3-24; Ord. No. 617 §1, 10-15-1974; Ord. No. 660A §1, 11-7-1978; Ord. No. 746 §1; Ord. No. 841 §601.120, 11-7-1995; Ord. No. 950 §§1 — 2, 1-11-2005; Ord. No. 1008 §§1 — 2, 2-12-2008]
Before any license shall be issued under the provisions of this
Chapter, the applicant shall pay a fee as follows:
Liquor Manufacturer Solicitor (LMS): $675.00.
For manufacturing, distilling or blending intoxicating liquor.
(311.180.1(3) RSMo.)
5% Manufacturer Solicitor (5MS): $375.00.
For manufacturing malt liquor containing not in excess of five
percent (5%) of alcohol. (311.180.1(1) RSMo.)
Liquor Wholesale Solicitor (LWS): $750.00.
For selling intoxicating liquor of all kinds by wholesale. (311.180.1(9)
RSMo.)
5% Wholesale Solicitor (5WS): $150.00.
For selling intoxicating liquor containing not in excess of
five percent (5%) of alcohol by weight by wholesale. (311.180.1(7)
RSMo.)
Original Package 3.2% Beer — includes Sunday (32OP):
$22.50.
For the sale of non-intoxicating beer in the original package
to be sold between the hours of 6:00 A.M. and 1:30 A.M. on weekdays
including Sunday and election days. (312.100(4), 312.410 RSMo.)
3.2% Non-Intoxicating Beer by Drink — includes Sunday
(32BD): $37.50.
For the sale of non-intoxicating beer for consumption on premises
where sold between the hours of 6:00 A.M. and 1:30 A.M. on weekdays
including Sunday and election days. (312.100(3), 312.410 RSMo.)
Original Package 5% Beer — includes Sunday (5OP):
$75.00.
For the sale of malt liquor containing alcohol not in excess
of five percent (5%) by weight in original package between the hours
of 6:00 A.M. and 1:30 A.M. weekdays and including between the hours
of 9:00 A.M. and Midnight on Sunday. The phrase "original package"
shall be construed and held to refer to any package containing three
(3) or more standard bottles of beer. (311.200.2 RSMo.)
5% By Drink — includes Sunday (5BD): $75.00.
For the sale of malt liquor at retail by drink for consumption
on the premises where sold between the hours of 6:00 A.M. and 1:30
A.M. weekdays including selling between the hours of 9:00 A.M. and
Midnight on Sunday. (311.200.3 RSMo.)
5% By Drink Wine (5BDW): $75.00.
For the sale of malt liquor and light wines containing not in
excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables, at retail by
the drink for consumption on the premises where sold between the hours
of 6:00 A.M. and 1:30 AM. weekdays including election days. (311.200.4,
311.290, 311.298 RSMo.)
Retail Liquor by Drink Resort Temporary (90 Days) (RBDT):
$112.50.
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 between the hours of 6:00 A.M. and 1:30 A.M. on weekdays
including election days for a period not to exceed ninety (90) days
if the resort or restaurant establishment can show a projection of
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. (311.095.4, 311.290,311.298
RSMo.)
Retail Liquor by Drink Resort (RBDR): $450.00.
To sell intoxicating liquor by the drink at retail for consumption
on the premises of any resort as described in the application between
the hours of 6:00 A.M and 1:30 A.M on weekdays including election
days. As used in this Section, the term "resort" means any establishment
having at least thirty (30) rooms for the overnight accommodation
of transient guests, having a restaurant or similar facility on the
premises at least sixty percent (60%) of the gross income of which
is derived from the sale of prepared meals or food or 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 receipts
immediately preceding its application for a license shall not have
been less than seventy-five thousand dollars ($75,000.00) per year
with at least fifty thousand dollars ($50,000.00) of such gross receipts
from non-alcoholic sales. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross receipts requirements of this
Subsection, if any facility which is a part of the resort meets such
requirement, such requirement shall be deemed met for any other facility
which is a part of the resort. (311.095.1 RSMo.)
Original Package Liquor (OPL): $150.00.
For the sale of intoxicating liquor in the original package
to be sold between the hours of 6:00 A.M. and 1:30 A.M. on weekdays
including all election days. (311.200.1 RSMo.)
Sunday Original Package Liquor (SOP): $300.00.
For the sale of intoxicating liquor in the original package
at retail between the hours of 9:00 A.M. and midnight on Sundays in
such City or County; however, the additional fee shall not exceed
the fee charged by that City or County for a special license issued
pursuant to any provision of this Chapter which allows a licensee
to sell intoxicating liquor by the drink for consumption on the premises
of the licensee on Sundays. (311.293(2) RSMo.)
Sunday by Drink (SBD): $300.00.
For the sale of intoxicating liquor by drink for consumption
on premises where sold between the hours of 9:00 A.M. and Midnight
on Sundays. (311.090 RSMo.)
Sunday by Drink Temporary (SBDT): $75.00.
A temporary license to sell intoxicating liquor by the drink
at retail for consumption on the premises where sold between the hours
of 9:00 A.M. and midnight on Sundays for a period not to exceed ninety
(90) days if the resort or restaurant establishment can show a projection
of 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. (311.097/311.098 RSMo.)
[CC 1971 §3-27; Ord. No. 386B, 4-5-1943; Ord. No.
1024 §§1 — 2, 6-17-2008]
[CC 1971 §3-28; Ord. No. 386A §9, 12-2-1935]
No person having a license under this Chapter shall sell or
offer for sale intoxicating liquor, malt liquor or non-intoxicating
beer in any place other than that described in his license.
[CC 1971 §3-29; Ord. No. 386A §13, 12-2-1935]
Intoxicating liquor shall be sold at retail in the original
package only upon a license granted by the Board of Aldermen, and
intoxicating liquor so sold shall not be consumed upon the premises
where sold, nor the original package opened upon the premises of the
vendor. Provided further, that no intoxicating liquor purchased shall
be consumed or permitted to be consumed on any premises where malt
liquor or non-intoxicating beer is authorized legally to be sold.
[CC 1971 §3-30; Ord. No. 386A §14, 12-2-1935]
Malt liquor and non-intoxicating beer may be sold to be consumed
on the premises where sold, and by the drink, when license therefor
has been issued under the terms of this Chapter.
[CC 1971 §3-31; Ord. No. 386A §§17,19, 12-2-1935]
Any license issued under the provisions of this Chapter may
be suspended or revoked by the Board of Aldermen for the violation
by the licensee or his employees of any applicable provision of this
Code, State law or City ordinances, rules or regulations. No person
whose license has been revoked under this Section shall be issued
another license hereunder for a period of one (1) year from such date
of revocation. In the event any such license is suspended or revoked,
no portion of the license fee shall be refunded to the licensee.
[1]
Editor's note — Ord. No. 833 adopted on May 2, 1995,
repealed §605.180, which originally derived from ord. no. 652
§1, 11-1-1977.
