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.
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).
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.
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. 23.021 §§1 —
3, 2-3-1992]
A.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B) of this Section, shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his/her premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail. Violators of the provisions of this Section may be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Each day of operation in violation of this Section shall be considered and shall constitute a separate offense.
B.
Any
person licensed pursuant to Section 311.200, RSMo., shall not be permitted
to sell, give away, or otherwise dispose of, or suffer the same to
be done upon or about his/her premises, any intoxicating liquor in
any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays
and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.
[Ord. No. 6.503 §§1 —
4, 3-5-1979; Ord. No.
6.503A §1, 4-2-2001]
A.
The
words "intoxicating liquor", "restaurant
bar" and "resort" and "person" as used in this Section shall have the meaning as they are defined
by Chapter 311, RSMo.
B.
No
person shall sell intoxicating liquor by the drink at retail for consumption
on the premises in the City of California, Missouri, until he/she
has done the following acts:
C.
Licenses
to sell intoxicating liquor at retail for consumption on the premises
granted by the City of California shall have the following characteristics:
1.
All licenses shall be valid for a term not to exceed one (1) year,
with each year commencing on June fifteenth (15th) and expiring on
June fourteenth (14th).
2.
Must be renewed by written application and payment of the fee as required by Subsection (B) of this Section;
3.
A City license issued in accordance with this Section shall be deemed
suspended, or revoked, at anytime when the State license is either
suspended or revoked whether determined by administrative ruling or
court order;
4.
No portion of the license fee hereunder shall be refunded upon termination
of the business activity encompassed herein by the license; and
5.
The City license shall not be assignable or transferable.
D.
Any
person, association, corporation or partnership violating any provision
of this Section shall be subject to a fine of not less than fifty
dollars ($50.00) and not more than one hundred dollars ($100.00) for
each day that said violation occurs.
[Ord. No. 6.504 §§1 —
6, 4-6-1981]
A.
No
person, firm or corporation shall engage in the business of retailing
beer of any kind within the City of California, Missouri, without
procuring a license from said City to do so and without having a license
from said City to do so.
B.
Each
applicant for a license hereunder shall present an application for
such license to the Board of Aldermen of said City and shall specify
the place where such business is to be conducted. Each application
shall be accompanied by the license tax hereinafter specified. If
the Board of Aldermen is satisfied that the applicant is a proper
and qualified person for such a license, it shall by order of record
grant such license, and such license shall thereupon be issued by
the City Clerk and by him/her delivered and charged to the City Collector
and the same shall be accounted for by him/her as other license taxes
are accounted for.
C.
Each
license issued hereunder shall be for the period of one (1) year from
date of issuance.
D.
No
license shall be issued hereunder unless the place where the applicant
proposes to carry on his/her business is equipped with adequate sanitary
indoor toilets for the use of patrons.
E.
Each
licensee shall conduct an orderly and peaceable establishment and
shall at all times maintain at his/her place of business adequate
sanitary indoor toilets for the use of patrons and, if he/she fails
in either particular, the Board of Aldermen shall after hearing held
pursuant to at least three (3) days' notice to the licensee, revoke
such licensee's license.
[Ord. No. 6.509 §§I, III, 1-18-1994; Ord. No. 2004-021 §1, 9-2-2003]
Notwithstanding the provisions of any other ordinance, any person
possessing the qualifications and meeting the requirements for the
issuance of a liquor license, who is licensed to sell intoxicating
liquor in the original package at retail under Section 311.200, RSMo.,
and the ordinances of the City of California, may apply for a special
license to sell intoxicating liquor in the original package at retail
between the hours of 9:00 A.M. and 12:00 Midnight on Sundays. A licensee
under this Section shall pay the City an additional fee of two hundred
dollars ($200.00) per year for this license and the privilege of selling
intoxicating liquor in the original package at retail between the
hours of 9:00 A.M. and 12:00 Midnight on Sundays within the City.
[Ord. No. 6.510 §§1 —
3, 6-7-1995]
A.
In
accordance with the provisions and requirements of Section 311.090(2),
RSMo., the City of California will permit the sale of liquor by the
drink on Sundays by certain (qualified) organizations.
B.
Pursuant
to the provisions of Section 311.090, RSMo., any charitable, fraternal,
religious, service or veterans' organization which has obtained an
exemption from the payment of Federal income taxes (as provided in
Section 311.090, RSMo.), (and which has received approval and a license
from the Supervisor of Liquor Control for the same right to sell)
may apply for, and the City Collector may issue, a license to sell
intoxicating liquor (as defined in Chapter 311, RSMo., and the ordinances
of the City) between the hours of 11:00 A.M. on Sunday and Midnight
on Sunday by the drink at retail for consumption on the premises described
in the application.
C.
In
addition to all other fees required by law, an organization licensed
by the City under this Section shall pay an additional license fee
of two hundred dollars ($200.00) per year payable at the same time
and in the same manner as its other license fees. This license shall
be revocable or may be suspended by the City of California, Missouri,
on the same grounds and terms as all other liquor (package and by
the drink) licenses issued by the City of California, Missouri, and
specifically may be revoked or suspended due to any violation of the
laws of the State of Missouri governing the sale of liquor (package
or by the drink), or due to any violation of the ordinances or regulations
of the City of California, or the State of Missouri, or this license
may be issued on a probationary basis, upon the vote of the Board
of Aldermen after due consideration has been given to the operation
and conduct of the establishment and the owners, operators, and managers
thereof.
[Ord. No. 6.511 §§1 —
3, 3-3-1997]
A.
Procedure For Renewal.
1.
The public policy of the State and the City is that the holding of
licenses to sell intoxicating liquors or non-intoxicating beer is
a privilege and not a right. The provisions of this Section are designed
to ensure that liquor or non-intoxicating beer license renewals are
granted only to persons of responsible and moral character.
2.
It shall be the duty of the City Collector, with the assistance of
the Chief of Police, to determine whether or not applications for
renewal of license comply with the provisions of this Chapter and
of the ordinances of the City and laws of the State of Missouri. The
City Collector shall not approve a license renewal without first having
obtained and reviewed the recommendations of the Police Chief. The
City Collector shall not be required to hold any hearing of any kind
whatsoever in determining whether an old license shall be renewed,
but may hold hearing if it deems such hearings to be in the public
interest.
3.
All applications for license renewal and all petitions so filed with
such applications shall be referred to the City Collector by transmitting
all applications to the Police Chief who shall review and make recommendations
on all applications. The review of the applications for license renewal
shall normally be completed and returned by the Chief of Police to
the Office of City Collector within ten (10) working days of the date
of the application. The City Collector shall also draw up and approve
a form of application which shall be used by all applicants.
4.
Any applicant aggrieved by the decision of the City Collector to
deny or refuse to renew a liquor license may file a petition with
the Board of Aldermen within ten (10) days after the action by the
City Collector appealing said action. The Board shall have the final
authority and may act as it deems appropriate under law.
5.
The Collector shall charge such renewal fees, annual license fee(s),
and such other charges as are permitted by ordinance or Statute.
B.
State License Required. Before the City Collector shall
have authority to issue a license renewal under this Section, the
applicant for such license renewal shall pay the proper fees as required
and shall present to the City Collector the license issued by the
State authorizing the applicant to engage in the business for which
a City license renewal is sought. It shall be unlawful for the City
Collector to issue a City license renewal without first having seen
and inspected the applicant's State license authorizing the applicant
to conduct the business for which a City license renewal is sought.
C.
Term — Transfer. Each license renewal issued pursuant
to this Section shall be issued for a period of one (1) year and shall
expire on June fifteenth (15th) of each year.
[Ord. No. 6.512 §§1 —
4, 6-1-1998]
A.
License To Manufacture, Sell Or Distribute Intoxicating Beverages. It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale in this City any intoxicating liquor, as defined under the Liquor Control Law of the State of Missouri, in any quantity, without taking out a license issued by the City of California, Missouri. Any such person, firm, partnership or corporation wishing to or in the business of manufacturing, selling, or exposing for sale any intoxicating liquor shall make application for the appropriate City license on or before the application due dates set forth in Subsection (D), as set forth below.
B.
Term Of License. On approval of the application for license
to manufacture, sell or distribute intoxicating beverages in the City
of California, Missouri, and payment of the license fee herein provided,
the City may grant the applicant a license to do business in the City
for a term to expire with the fifteenth (15th) day of June next succeeding
the date of such license. Of the license fee to be paid for any such
license, the applicant shall pay as many twelfths as there are months
(part of a month counted as a month) remaining from the date of license
to the next succeeding June fifteenth (15th). Applications for renewal
of licenses shall be filed with the Collector of the City on or before
the first (1st) day of May of each calendar year.
C.
License Fee. The fee to be charged by the City for any license
issued (for the manufacture and sale of intoxicating liquor) shall
be the same as the license fee charged by the State of Missouri for
the same said license. All fees shall be paid at the time of application
for new license or license renewal.
D.
Categories
and types of licenses to be issued shall be as permitted under State
law, issued only upon compliance with all provisions of this Chapter,
and upon payment of the license fee as established from time to time
by the City. The schedule of fees so established shall be maintained
by the City Collector, with said schedule open and available for public
inspection and review.
E.
Application Process And Renewal.
1.
Those persons or entities currently operating under a City license
(for the sale or manufacture of intoxicating liquor) shall make application
to the Collector of the City for renewal of the license. The Collector
of the City is directed to issue a renewal of the license to those
persons or entities operating lawfully under the ordinances of the
City and the laws of the State of Missouri. However, upon objection
of the Division of Liquor Control or the Chief of Police of the City,
the Collector of the City shall refuse to issue the renewal of the
license and shall instead refer the matter to the Board of Aldermen
of the City for consideration at the next regularly scheduled meeting
of the Board of Aldermen.
2.
Those persons or entities not currently operating under a City license
(for the sale or manufacture of intoxicating liquor) shall make application
to the Collector of the City for the appropriate license. The application
for license shall be considered at the regularly scheduled meeting
of the Board of Aldermen following the filing of the application.
