[R.O. 2006 §600.010; CC 1986 §50.010]
This Chapter may be cited as the "Liquor Control Ordinance".
[RSMo. §§311.020, 311.030, 311.095, 311.096, 311.097,
311.098, 311.200, 311.290, 312.010]
When used in this Chapter, the following words shall have the
following meanings:
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.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
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.
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.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
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.
[RSMo. §311.100]
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.
[RSMo. §§311.090, 311.095, 311.096, 311.097, 311.098,
311.293, 2003; Ord. No. 1578, 3-31-2022]
A.
No
person shall sell or offer for sale intoxicating liquor or non-intoxicating
beer in the City of Willow Springs without a currently valid liquor
license issued by the City. A separate liquor license shall be required
for each of the categories and subcategories of liquor sales in which
the licensee desires to engage as set forth herein.
B.
General
Licenses. Any person possessing the qualifications and meeting the
requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor or non-intoxicating beer:
1.
Package Liquor — Malt Liquor Only. Sales of malt liquor at
retail in the original package not for consumption on the premises
where sold. This license may include Sunday sales from 6:00 A.M. on
Sunday to 1:30 A.M. on Monday.
2.
Package Liquor — Non-Intoxicating Beer. Sales of non-intoxicating
beer at retail in the original package not for consumption on the
premises where sold.
5.
Malt Liquor By The Drink. Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section 600.010 of this Chapter and set out in Subsection (B)(6) hereof. This license may include Sunday sales from 6:00 A.M. on Sunday to 1:30 A.M. on Monday.
C.
Sunday
Sales. Any person who is licensed under the provisions of this Chapter
or who otherwise possesses the qualifications and meets the requirements
of this Chapter may apply for the following licenses to sell intoxicating
liquor or non-intoxicating beer between the hours of 6:00 A.M. on
Sunday and 1:30 A.M. on Monday:
1.
Package Liquor — All Kinds. Sales of liquor of all kinds in
the original package at retail not for consumption on the premises
where sold.
2.
Liquor By The Drink — Restaurant Bar. Sales of liquor of all
kinds by the drink at retail for consumption on the premises of any
restaurant bar.
3.
Liquor By The Drink — Amusement Place. Sales of liquor of all
kinds by the drink at retail for consumption on the premises of any
amusement place.
4.
Liquor By The Drink — Place Of Entertainment. Sales of liquor
of all kinds by the drink at retail for consumption on the premises
of any place of entertainment.
D.
Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
[R.O. 2006 §§600.070, 600.110; CC 1986 §§50.145,
50.315; Ord. No. 1130 §1, 12-28-1992; Ord. No. 1156 §1, 6-27-1994; RSMo. §§311.097.3, 311.098.3,
311.200, 311.290, 311.298, 311.470, 311.482, 2003; Ord. No. 1578, 3-31-2022]
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 Or Amusement Places.
1.
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 6:00 A.M. on Sunday and 1:30 A.M. on Monday 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.
2.
Any new amusement place 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. on Sunday and 1:30 A.M. on Monday for a period
not to exceed ninety (90) days if the amusement place can show a projection
of 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 are in non-alcoholic sales for the first (1st) year of operation.
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. 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 6:00 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 any day of the week
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.
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.
[RSMo. §311.080, 2005]
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 (10) days' written notice
has been provided to all owners of property within three hundred (300)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the 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.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the 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.
[RSMo. §§311.097, 311.180, 311.200, 311.220, 2003; Ord. No. 1433, 7-20-2009]
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.
a.
Malt liquor — original package: $75.00.
b.
Non-intoxicating beer — original package: $75.00.
c.
Intoxicating liquor (all kinds) — original package: $100.00.
d.
Malt liquor — by drink: $75.00.
e.
Malt liquor and light wines — by drink: $75.00.
f.
Non-intoxicating beer — by drink: $50.00.
g.
Intoxicating liquor (all kinds) — by drink: $300.00.
[RSMo. §311.485, 2005]
A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter
316, RSMo. The temporary permit shall be effective for a period not
to exceed one hundred sixty-eight (168) consecutive hours and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which alcoholic beverages may lawfully
be sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. For every permit issued pursuant to the
provisions of this Section, the permittee shall pay to the City an
amount as set out in Section 600.040(3)(c) above, or fraction thereof,
for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D.
To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight or non-intoxicating
beer delivered and invoiced under the catering permit number, but
not used, if the wholesaler removes the product within seventy-two
(72) hours of the expiration of the catering permit issued pursuant
to this Section.
[RSMo. §311.060; Ord. No. 1440 §I, 9-21-2009]
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk on a form to
be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
B.
Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
No license shall be granted, unless a copy of a current valid State
of Missouri liquor license is attached to such application.
[Ord. No. 1566, 6-17-2021]
C.
Upon
approval of any application for a license, the Clerk shall grant the
applicant a license to conduct business in the City for a term to
expire with the thirtieth (30th) day of June next succeeding the date
of such license, unless such license be revoked or suspended for cause
before the expiration of such time.
D.
Application for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the City Clerk to verify that all qualification have been met as defined in Subsection (B) of this Section. Upon verification and payment of the license fee provided herein, the Clerk shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license or if for any reason the Clerk should so request, the Board shall conduct a hearing on the application for license renewal as provided in this Subsection.
[RSMo. §§311.300, 311.310 (2006), 311.325 (2005)(2006),
312.407 (2003)]
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor or non-intoxicating beer.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out intoxicating liquor or
non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating
beer away from the licensed business premises cannot be performed
by anyone under the age of twenty-one (21) years. Any licensee who
employs any person under the age of twenty-one (21) years, as authorized
by this Subsection, shall, when at least fifty percent (50%) of the
licensee's gross sales does not consist of non-alcoholic sales, have
an employee twenty-one (21) years of age or older on the licensed
premises during all hours of operation.
3.
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.
B.
Sales To Minor — Exceptions.
1.
No licensee, his/her employee, or any other person shall 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, except that this Section shall not apply to the parent
or guardian of the minor nor 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 such 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 while serving in
the capacity as an employee of a licensed establishment.
2.
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/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
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
c.
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.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor, Non-Intoxicating Beer.
1.
Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor or non-intoxicating beer as defined in Section 600.010 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 (.02%) or more by weight of alcohol in such person's blood is in violation of this Section.
2.
The provisions of this Subsection shall not apply to a student who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a student
in a culinary course;
c.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
d.
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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The beverage must at all times remain in the possession and
control of any 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, porter, 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.
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E.
For
purposes of prosecution under this Section, a manufacturer-sealed
container describing that there is intoxicating liquor or non-intoxicating
beer therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor or non-intoxicating beer
in such container. The alleged violator may allege that there was
no intoxicating liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains
intoxicating liquor or non-intoxicating beer.
[R.O. 2006 §600.220; CC 1986 §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 this Chapter.
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 control,
and all places where they keep or have liquor stored, to be inspected
by the City Administrator 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.
No
licensee shall employ on or about the licensed premises any person
who has been convicted, since the ratification of the 21st 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 non-intoxicating beer; 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, RSMo.
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.
G.
It
shall be unlawful for any person under the age of twenty-one (21)
years to enter, remain inside of, be within, or be present in any
bar, tavern, lounge, inn, dramshop or any other place where intoxicating
liquor, non-intoxicating beer, wine or liquor is sold, purveyed, served
or otherwise furnished to the public for consumption on the premises
unless said person under the age of twenty-one (21) years be then
and there accompanied by or in the immediate presence of their biological
or adopted parent or other duly appointed guardian except for place
of business where at least fifty percent (50%) of all gross sales
shall be sales of prepared meals.
H.
Before
any person shall receive any municipal license to sell any intoxicating
or non-intoxicating beer, wine or liquor to the public, they must
produce evidence that they have been granted a similar license from
the State of Missouri.
[RSMo. §§311.280, 311.310, 311.330, 311.340, 311.600,
312.400, 2003]
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Any
retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight to the consumer in
an original carton received from the wholesaler that has been mutilated,
torn apart or cut apart; or
2.
Repackage intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee or any
other person shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
1.
It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight to the consumer in
an original carton received from the wholesaler that has been mutilated,
torn apart or cut apart; or
b.
Repackage intoxicating liquor or non-intoxicating beer with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor Or Non-Intoxicating Beer. It shall be unlawful for
any licensee or his/her employee or agent to sell or supply intoxicating
liquor or non-intoxicating beer, or permit such to be sold or supplied,
to a habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor or non-intoxicating
beer in or on any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor or non-intoxicating beer while in or upon
any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor or non-intoxicating beer while within or on
any motor vehicle while the same is being operated upon, or parked
or standing in or upon, any public place. Any person operating a motor
vehicle shall be deemed to be in possession of an open container contained
within the motor vehicle he/she has control of whether or not he/she
has actual physical possession of the open container.
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapters
311 or 312, RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control;
3.
Making a false affidavit in an application for a license under this
Chapter;
4.
Failing to keep an orderly place or house;
5.
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
the license;
6.
Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years,
b.
Any person during unauthorized hours on the licensed premises,
c.
A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any person on the licensed premises during a term of suspension as
ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311 or Chapter 312, RSMo., or of any felony violation of Chapter 195,
RSMo., in the course of business. A license shall be suspended automatically
if the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor or non-intoxicating beer during the time such suspension is
in effect. Any licensee desiring to keep premises open for the sale
of food or merchandise during the period of suspension shall display
the Board's order of suspension in a conspicuous place on the premises
so that all persons visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the Board 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 recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
in civil suits in the Circuit Courts of this State. The Board also
may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[RSMo. §311.299]
A.
Any
person who is licensed to sell or serve alcoholic beverages at any
establishment shall place on the premises of such establishment a
warning sign as described in this Section. Such sign shall be at least
eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
B.
Any
employee of the Supervisor of Alcohol and Tobacco Control may report
a violation of this Section to the Supervisor, and the Supervisor
shall issue a warning to the licensee of the violation.
[R.O. 2006 §600.210; CC 1986 §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.
