Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
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. 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 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.
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, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches 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.
SALE BY THE DRINK
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.)
[R.O. 2013 § 605.020; Ord. No.
205 § 3; Ord. No. 73-2 §§ 1 — 3; Ord. No.
08-39 § 1, 8-11-2008; Ord. No. 09-72 § 2, 12-28-2009]
No person shall be granted a license under this Chapter, unless
such person is of good moral character and meets the moral, ethical
and legal standards and requirements of the Statutes of the State
and the regulations promulgated thereunder, nor shall any corporation
be granted a license under this Chapter, unless the managing officer
of such corporation is of good moral character and meets the moral,
ethical and legal standards and requirements of the Statutes of the
State and the regulations promulgated thereunder. No person shall
be granted a permit or license under this Chapter whose permit or
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 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 permit has been revoked or who has been convicted
of violating such law since such ratification.
[R.O. 2013 §§ 605.030 and 605.107; Ord. No. 205 § 4; Ord. No. 08-39 §§ 2, 9, 8-11-2008]
A. No
license issued under this Chapter shall become effective until the
licensee shall have applied for and been granted a license by Supervisor
of Liquor Control of the State as provided in the Revised Statutes
of Missouri.
B. Submittal
To City Clerk. All applications for licenses under the provisions
of this Chapter shall be made in writing on the proper form to the
City Clerk and shall state specifically the alcoholic content of the
intoxicating liquor to be sold under the license and whether the license
is issued for consumption on the premises, not for consumption on
the premises or for both sale in the original package and for consumption
on the premises where sold. Applications shall be considered in order
of receipt thereof. Failure of an applicant to qualify for license
issuance within forty-five (45) days shall result in said applicant's
application being rejected, at which time same must be resubmitted
as a new application.
C. Contents.
All such applications shall state the name and address of the applicant
or if the applicant is a firm, partnership or association, the names
and addresses of each member of the firm, partnership or association,
or if the applicant is a corporation, the names and addresses of all
officers, the board of directors and all stockholders of the corporation,
or if the applicant is a limited liability company, the names and
addresses of all managers, officers and members of the limited liability
company shall have attached the required license fee and shall describe
the premises which the license applied for shall cover. Said application
shall be completed under oath and shall contain any information reasonably
required to administer this Chapter.
D. Submittal
To The Board Of Aldermen. Upon receipt by the City Clerk of an application,
it shall be referred to the Police Department for investigation and
the City Clerk shall report to the Board of Aldermen at the next scheduled
meeting of the Board of Aldermen all applications being processed.
The Police Department shall make a report as soon as may be possible
to the Board of Aldermen, which report shall set forth the criminal
record of the applicant, including the Federal Bureau of Investigation
record of the applicant, a copy of which shall be attached to the
Police report. The Police Department shall in their report also verify
that they have investigated all of the facts in the applicant's application
and have made a general character check of the applicant. If the applicant
is a corporation or limited liability company, such report shall be
made on the managing agent of the corporation as well as the corporation
or limited liability company itself.
E. Recommendations.
Upon the receipt of the report of the Police Department and other
necessary departments of the City, the City Administrator or designee
shall determine whether the applicant has met all requirements of
the laws of the State, as set forth in Chapter 311, RSMo., and this
Code and other ordinances of the City and shall recommend to the Board
of Aldermen which licenses shall be granted.
F. Issuance
— Contents Of License — Conduct.
1. Issuance. On approval of the application by the Board of Aldermen
and the payment of the license taxes herein provided, the City Clerk
shall grant the applicant a license to conduct business at the specified
location in the City.
2. Content. Every license issued under this Chapter shall set forth
the type of license granted and shall particularly describe the premises.
3. Requirements, Restrictions.
a. No licensee shall be deemed to be authorized or permitted to sell
intoxicating liquor at any place other than described in the license.
b. No licensee under this Chapter shall be permitted to move the location
of his establishment as pertains to the sale of intoxicating liquor
without express approval of the Board of Aldermen.
c. No applicant hereunder shall be issued a license unless the licensee
presents evidence of the right to possession and is in present possession
of the premises described in his application at the time the applicant's
application is presented to the Board of Aldermen.
d. No license shall be granted unless the applicant, corporation, limited
liability company or association and the managing officer thereof
have submitted to the Board of Aldermen satisfactory proof that the
applicant is financially able to carry out the enterprise for which
he is seeking an application.
e. No license shall be issued unless the location of the applicant's
proposed establishment wherein he will sell intoxicating liquor is
acceptable to the Board of Aldermen.
f. No license shall be issued unless the location of the applicant has
been inspected and approved by the City Administrator or his designee
as conforming to all general health, sanitation and building code
requirements of the City.
g. No license shall be issued hereunder unless such establishment has
toilet facilities for men and women, which facilities are clean, neat
and in regular usable condition and are continued to be maintained
in the clean, neat and orderly condition at all times during the issuance
of the license.
h. No corporate or limited liability company licensee nor the managing
agent of such corporation or limited liability company shall be granted
a license under the provisions of this Chapter unless the manager
officer is a stockholder, manager or member of the corporation or
limited liability company and is a member of the board of directors
or is actively engaged in the management of the corporate or limited
liability company business.
i. Failure to commence operations within thirty (30) days of issuance
shall result in automatic revocation of license.
G. Denial
Of Application. Upon disapproval of any application for a liquor license
as provided in this Chapter, the City Clerk shall so notify the applicant
in writing setting forth therein the grounds and reasons for such
disapproval and shall return such notice with the applicant's remittance
H. Renewal.
Each license granted under the provisions of this Chapter shall be
renewed each year and the same procedure followed for the granting
of an original license shall be followed for each renewal. Applications
for renewal, together with all information required to be submitted
therewith as in the case of an original application, must be submitted
to the Board of Aldermen at least sixty (60) days before the license
expires in order to give the Board of Aldermen adequate time to process
such application for renewal. All applications for renewal shall be
treated on the same basis as if an original application and the same
investigation required of an original applicant will be made for each
application for renewal except that an FBI report shall not be required
for renewals. In the event the managing agent for a corporation is
discontinued during the time for which a license has been issued to
such managing agent of a corporation, the corporation shall, within
seven (7) days thereafter, appoint a new managing agent and notify
the Clerk of the City of such appointment. Upon receipt of notification
by the City Clerk of such new appointment, the license issued to such
corporation will remain in full force and effect for sixty (60) days
from the date of receipt of the notice of appointment of the new managing
agent. Within seven (7) days after the receipt of notice of the appointment
of the new managing agent, such new agent shall apply for an application
for and on behalf of the corporation for the remaining period for
which the original license was issued and submit said application
to the Board of Aldermen as if it were an original application and
the same procedure shall be followed by the Board of Aldermen in processing
such application for the new managing agent as if it were an original
application. In the event the application is approved, the license
will continue for the balance of the term for which it was originally
issued.
[Ord. No. 23-09, 2-27-2023]
A. Issuance of Temporary Outdoor Consumption Permit. The Board of Aldermen
may, in the Board of Aldermen's sole discretion, when it deems
it beneficial to fostering community spirit and tourism, issue a temporary
outdoor consumption permit in any designated event district, or any
portion of an event district as the applicant may request, such area
being referred to herein as the permit area. The temporary outdoor
consumption permit may only be issued after proper application has
been received by the City Clerk. The Board of Aldermen may place such
terms and conditions on the temporary outdoor consumption permit as
it, in its sole discretion, deems appropriate.
B. Permit Areas. The following areas have been designated as event districts:
1.
The Downtown Event District: an area which shall include, in
whole or part, Court Square; East Main Street from Court Square to
South Mine La Motte Avenue; South Main Street from Court Square to
West College Avenue-East College Avenue intersection; West Main from
Court Square to Park Drive-Buford Boulevard intersection; North Main
Street from Court Square to LaChance Street.
2.
The Fair Event District: an area which shall include, in whole
or in part, North Main from LaChance Street to East Murta Street-West
Murta Street intersection, including Azalea Park and Wanda Priest
Park; West Murta Street from North Main to Buford Boulevard; Buford
Boulevard from West Murta to LaChance Street, including Jaycee Park
and Rotary Park.
3.
The Sports Complex District: an area which shall include, in
whole or in part, the Sports Complex on Commercial Drive, including
areas surrounding baseball fields, softball fields, soccer fields
and disc golf course.
C. Permit Area Exclusions. The following exclusions apply to permit
areas:
1.
The Fair Event District: the selling, possessing, or consumption
of alcohol is prohibited in areas designated for carnival/fair rides.
2.
The Sports Complex District: the selling, possessing, or consumption
of alcohol is prohibited during school functions; youth games; on
the actual baseball fields, softball fields and soccer fields.
D. Conditions of Temporary Outdoor Consumption Permit. Within the permit
area and during the times of the permit:
1.
The granting of the permit shall authorize the closing of only
the specific streets required within the permit area as approved by
the Board of Aldermen.
2.
The permit holder may exclude from the permit area any person
or persons who are disrupting the activities of the permit holder.
The term "disrupting" shall include, but is not limited to, loud noise,
obstructing the view of others, obstructing the flow of pedestrian
traffic, or interfering with the permit holder's staff or volunteers;
provided, however, this term shall not be construed to allow the permit
holder to prohibit distribution of petitions, pamphlets, or speech
which is not disruptive.
3.
No person shall possess alcohol within the permit area except
in a container issued by the permit holder or his or her designee(s)
(hereinafter "event cup"). The event cup shall be plastic, conspicuous,
and unique to the event.
4.
All persons purchasing any beverage in an event cup must be
twenty-one (21) years of age or over and have a wristband from the
permit holder or his or her designee(s) placed on the person's
wrist to indicate that said person is twenty-one (21) years of age
or over. The wristband must remain on the person's wrist at all
times when consuming alcohol on in the permit area, including sidewalks
and public streets.
5.
Any establishment within the event district agreeing to follow
the rules found here and which is properly licensed to sell liquor
by the drink may sell beer or liquor in an event cup which the purchaser
may consume within the permit area, including sidewalks and public
streets. All persons purchasing any beverage in an event cup must
be twenty-one (21) years of age or over and the establishment shall
place a wristband, as designated by the permit holder for the event,
on the person's wrist to indicate that said person is twenty-one
(21) years of age or over. Alternatively, wristbands may be placed
on such persons at a central specified location within the permitted
area. The wristband must remain on the person's wrist at all
times when consuming alcohol within the permit area, including sidewalks
and public streets. No establishment shall sell alcohol for outside
consumption to someone who is not wearing such a wristband.
6.
Persons with proper wristband and drinking from an event cup and who are within the permit area shall not be considered to be carrying an open container and not be subject to Section
600.150(G) of this Code.
7.
Persons violating this Section shall be guilty of an offense punishable under Section
100.220 of this Code and/or may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period. Establishments not following this Section may lose the ability to participate in future events.
8.
All other provisions of the City ordinances not specifically
suspended or modified herein shall remain in full force and effect.
E. Application Form. The application must:
1.
Be signed by an individual authorized to sign on behalf of a
charitable organization, a not-for-profit corporation, or other not-for-profit
entity located in or serving the residents of the City of Fredericktown.
2.
Be on a form provided by the City and specify the nature of
the event, the dates, times, and location of the event, and the public
safety plan for the event.
3.
Be submitted at least seven (7) business days prior to the Board
of Aldermen meeting at which the application is to be considered.
F. Rules Applicable To Permit Area. During the period that the permit
is in effect:
1.
No glass containers of any kind shall be permitted within the
permit area during its periods of operation.
2.
No alcoholic beverages in open containers of any kind, other
than event cups, shall be permitted within the permit area during
the event.
3.
The permit holder shall clearly mark the boundaries of the permitted
area, in a manner acceptable to the Chief of Police or his or her
designee(s), clearly indicating where open containers are and are
not permitted.
4.
The permit holder shall be responsible for cleaning up trash
after the event and restoring sidewalks and public streets to pre-event
condition.
G. Permit Fee. The fee for temporary outdoor consumption permit shall
be thirty-seven dollars fifty cents ($37.50) and shall be submitted
with the application. The fee shall be refunded if the permit is denied
by the Board of Aldermen or if the terms and conditions imposed on
the permit are rejected by the applicant and the application withdrawn
prior to the event.
In the event real estate is annexed to the City and a person
is operating within such annexed area in accordance with the authority
of the State as a manufacturer, distiller, wholesaler or retailer
of alcohol or intoxicating liquor, such person shall be granted a
license by the City to continue such operation provided that such
person meets the other requirements contained in this Chapter.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor 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 therein contains intoxicating
liquor.
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 by fourteen (11 x 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.
[R.O. 2013 § 605.106; Ord. No.
08-39 § 9, 8-11-2008]
The Board of Aldermen, the City Administrator, the Chief of
Police or their designated agents and employees has the right at any
time to inspect the premises wherein alcoholic beverages are being
sold under a license issued under the provisions of this Chapter.
Upon the request of any such persons, the person or persons to whom
a license is issued under the provisions of this Chapter or those
in their employ shall, at all times, allow said persons to inspect
the premises and shall show them the stock of goods in any room or
place in the premises that they desire to inspect. The Chief of Police
or those who may be instructed by the Board of Aldermen or the City
Administrator shall make periodic inspections of all establishments
wherein a license to sell alcoholic beverages has been issued to determine
whether or not the provisions of this Chapter are being met and the
standards of health, orderliness and cleanliness are being maintained.
All of such persons shall make periodic reports to the Board of Aldermen
of their findings upon such inspection and the Board of Aldermen shall
have the authority to act thereon as a result of such findings in
accordance with the provisions of this Chapter.
[Ord. No. 20-06, 2-24-2020]
A. The
standards set forth in this Section shall be considered in determining
whether a license under this Chapter should be renewed, suspended
or revoked. In conducting business on the licensed premises, a licensee
and the licensee's agents and employees shall:
1. Prevent or suppress any violent quarrel, disorder, brawl, fight or
other unlawful conduct of any person on the premises. As used in this
Section, "premises" includes the licensed premises and the parking
lots and areas around the business which are owned, used or maintained
as part of the business;
2. Immediately report to the police any illegal or violent act committed
on the premises when the licensee or the licensee's employee knew
or should have known that the act occurred on the premises;
3. Cooperate fully with law enforcement authorities during an investigation
of an illegal or violent act committed on the premises;
4. Operate the business in such a manner that it does not constitute
a nuisance;
5. Take appropriate and necessary steps to supervise the outdoor area
of the premises, including keeping the area free from litter and preventing
the parking area from becoming a gathering place for customers of
the business.
6. Comply with all provisions of this Chapter and this Code.
7. Comply with all State and Federal law, including all rules and regulations
pertaining to the sale and licensing of intoxicating liquor.