When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet, and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least twenty-five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes, and which has annual gross receipts of at least
one hundred thousand dollars ($100,000.00) of which at least fifty
thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
COMMON EATING AND DRINKING AREA
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor, where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas or otherwise, and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
INTOXICATING LIQUOR
Alcohol for beverage purposes, including 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 herein. 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.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt, or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
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, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. 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 food receipts requirements
of this definition, 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.
RESTAURANT BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made
only by a holder of a retail liquor dealer's license and, when so
made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[Ord. No. 36, 3-8-1984; Ord. No. 309 §50.230, 11-10-2003]
A. Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor 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 one (1) or
more of the following businesses: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a 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. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B. Newly-Opened Restaurant Bars. Any new restaurant bar 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 9:00 A.M. and Midnight on Sunday
for a period not to exceed ninety (90) days if the restaurant bar
can show a projection of annual business from prepared meals or food
consumed on the premises of at least fifty percent (50%) of the total
gross income of the restaurant bar for the year or can show a projection
of annual business from prepared meals or food consumed on the premises
which would exceed not less than two hundred thousand dollars ($200,000.00).
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
C. Temporary Permit For Sale By Drink — Certain Organizations.
1. The City Clerk may issue a permit for the sale of intoxicating liquor
and non-intoxicating beer 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 with the approval of the Board of Aldermen. 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.
2. If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor and non-intoxicating beer on that
day beginning at 11:00 A.M.
3. 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.
4. 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.
D. Operating Hours, Days.
1. No person having a license issued pursuant to this Chapter, nor any
employee of such person shall sell, give away or permit the consumption
of, any intoxicating liquor or non-intoxicating beer 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. on Sunday and 6:00 A.M. on Monday, upon or
about his/her premises, except as otherwise authorized and licensed
for Sunday sales. Any person licensed to sell intoxicating liquor
or non-intoxicating beer by the drink shall keep a closed place during
the aforementioned prohibited times.
2. When January first (1st), March seventeenth (17th), July fourth (4th),
or December thirty-first (31st) falls 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/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 this Chapter to the contrary.
E. Number Of Licenses Limited.
1. The number of licenses which shall be issued and outstanding in the
City for the sale of intoxicating liquor, malt liquor, or non-intoxicating
beer, inclusive, is hereby set, fixed, and determined at not more
than eighteen (18), provided that no person now holding any such license
shall be denied a reissuance thereof from time to time because of
this Subsection, unless such license shall be permitted to lapse.
[Ord. No. 600, 5-22-2023]
2. Determining the number of licenses allowed. For
purposes of determining the number of licenses allowed by this Section,
the issuance of licenses shall be counted as follows:
a. The issuance of a license as provided in Section
600.020(B)(3) of this Chapter (Package liquor — all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of package liquor provided in Sections
600.020(B)(1) and
600.020(B)(2).
b. The issuance of a license as provided in Section
600.020(B)(6) of this Chapter (Liquor by the drink — all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of liquor by the drink provided in Sections
600.020(B)(4) and
(B)(5).
F. General License Regulations.
1. Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2. A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3. 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 Chapter, may make application
and the Clerk 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. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
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.
4. In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
G. Druggists May Sell And Physicians Prescribe Liquor. Any
druggist may have in his/her possession intoxicating liquor purchased
by him/her from a licensed vendor under a license pursuant to State
law, or intoxicating liquor lawfully acquired at the place of acquisition
and legally transported into this State, and lawfully inspected, gauged
and labeled as provided by State law; such intoxicating liquor to
be used in connection with the business of a druggist in compounding
medicines or as a solvent or preservant; provided, that nothing in
this Chapter shall prevent a regularly licensed druggist, after he/she
procures a license therefor, from selling intoxicating liquor in the
original package, but not to be drunk or the packages opened on the
premises where sold; and provided further, that nothing in this Chapter
shall be construed as limiting the right of a physician to prescribe
intoxicating liquor in accordance with his/her professional judgment
for any patient at any time or prevent a druggist from selling intoxicating
liquor to a person on prescription from a regularly licensed physician
as above provided.
[Ord. No. 586 §§1 —
2, 7-11-1977; Ord. No.
357 §§1 — 2, 12-12-2005]
A. The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1. General licenses.[Ord. No. 582, 10-14-2021]
a. Retail liquor by the drink: $450.00.
*requires voter approval
b. Retail liquor by the drink — resort/restaurant: $300.00.
c. Retail liquor by the drink — resort/restaurant: $75.50.
temporary (90 days)
d. Retail liquor by the drink — seasonal resort/restaurant: $25.00
per month.
e. Retail liquor by the drink — seasonal resort/restaurant: $75.00.
temporary (90) days
f. Retail liquor by the drink — tax-exempt organization: $300.00.
g. 5% malt liquor (beer) and light wine by the drink: $50.00.
h. 3.2% non-intoxicating beer by the drink: $50.00.
i. Original package — liquor (all kinds): $100.00.
j. Original package — 5% malt liquor (beer): $100.00.
(includes Sunday sales)
k. Original package 3.2% beer: $50.00.
2. Sunday sales. (Additional fees)
[Ord. No. 582, 10-14-2021]
a. Retail liquor by the drink: $200.00.
*requires primary license to qualify (applicable to tax exempt
organizations and restaurant bars as defined by Section 311.097, RSMo.)
b. Retail liquor by the drink (temporary): $75.00.
*requires primary license to qualify (applicable to restaurant
bars)
c. Original package — liquor (all kinds): $200.00.
*requires primary license to qualify
3. Permits.
a. Temporary permit (7 days) by certain organizations: $37.50.
b. Original package tasting permit: $37.50.
*requires primary license to qualify
c. July 4th civic organization wine and malt liquor: $150.00.
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Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) 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).
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[CC 1979 §50.220]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Chapter for cause or otherwise,
the City shall in no event return any part of the fee paid for such
license.
Any person violating any of the provisions of this Chapter shall
upon conviction be punished by a fine of not more than five hundred
dollars ($500.00), or by imprisonment for a term not exceeding ninety
(90) days, or by both such fine and imprisonment.