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:
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. 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 not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
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.
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.
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. 7.60, 10-12-2021]
A.
No person shall sell or offer for sale
intoxicating liquor in the City of Mount Vernon 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:
1.
Package Liquor — Malt Liquor Only. Sales of malt liquor at retail by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold. This license may include Sunday sales as set forth in Subsection (C).
2.
Package Liquor — All Kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
C.
Sunday Sales.
1.
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 on Sundays between the hours of 6:00
a.m. and 1:30 a.m. on Monday:
a.
Package liquor — all kinds: Sales of liquor of all kinds in
the original package at retail not for consumption on the premises
where sold.
b.
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.
c.
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.
2.
In order for a license holder to qualify under this Section, it must,
in addition to the requirements of this Chapter, satisfy all State
requirements for a license under Section 311.293, RSMo. All requirements
of Section 311.293, RSMo., for obtaining a Sunday license are hereby
incorporated within the provisions of this Section.
3.
Any tavern with a license to sell only malt liquor may operate at
retail between the hours of 6:00 a.m. Sunday and 1:30 a.m. Monday.
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(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) 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.
3.
Tasting Permit — Winery, Distiller,
Manufacturer, Etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b.
Notwithstanding any other provisions
of this Chapter to the contrary, any winery, distiller, manufacturer,
wholesaler, or brewer or designated employee may provide, furnish,
or pour distilled spirits, wine, or malt beverage samples for customer
tasting purposes on any temporary licensed retail premises as described
in Section 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo.,
or on any tax-exempt organization's licensed premises as described
in Section 311.090, RSMo.
c.
Any Winery, Distiller, Etc., May
Provide Or Furnish Distilled Spirits, Wine Or Malt Beverage Samples
On A Licensed Retail Premises — When.
(1)
Notwithstanding any
other provisions of this Chapter to the contrary, any winery, distiller,
manufacturer, wholesaler, or brewer or designated employee may provide
or furnish distilled spirits, wine or malt beverage samples on a licensed
retail premises for customer tasting purposes so long as the winery,
distiller, manufacturer, wholesaler, or brewer or designated employee
has permission from the person holding the retail license. The retail
licensed premises where such product tasting is provided shall maintain
a special permit in accordance with Section 311.294, RSMo., or hold
a by the drink for consumption on the premises where sold retail license.
No money or anything of value shall be given to the retailers for
the privilege or opportunity of conducting the on-the-premises product
tasting.
(2)
Distilled spirits, wine,
or malt beverage samples may be dispensed by an employee of the retailer,
winery, distiller, manufacturer or brewer or by a sampling retained
by the retailer, winery, distiller, manufacturer or brewer. All sampling
service employees that provide and pour intoxicating liquor samples
on a licensed retail premises shall be required to complete a server
training program approved by the Division of Alcohol and Tobacco Control.
(3)
Any distilled spirits,
wine, or malt beverage sample provided by the retailer, winery, distiller,
manufacturer, wholesaler, or brewer remaining after the tasting shall
be returned to the retailer, winery, distiller, manufacturer, wholesaler,
or brewer.
[Ord. No. 7.60, 10-12-2021]
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 drugstore, 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.
Temporary Permit For Sale By Drink —
Certain Organizations.
1.
Notwithstanding any other provision
of this Chapter, a permit for the sale of all kinds of intoxicating
liquor, including intoxicating liquor in the original package, at
retail by the drink for consumption on the premises of the licensee
may be issued to any church, school, civic, service, fraternal, veteran,
political or charitable club or organization for the sale of such
intoxicating liquor 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 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.
C.
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 otherwise dispose of or suffer the same to be done upon
or about his/her premises, any intoxicating liquor or intoxicating
beer in any quantity between the hours of 1:30 a.m. and 6:00 a.m.
Sunday through Saturday upon his/her premises.
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 any other day of the week,
notwithstanding any provisions of this Chapter to the contrary.
D.
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 of Aldermen. Any change of location of
the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
5.
Every licensee shall keep displayed
prominently at all times on its licensed premises any City license
designating the premises as a place licensed by the City to sell intoxicating
liquors. Nonetheless, no application shall be disapproved by the Supervisor
of Alcohol and Tobacco Control for failure to possess a City license
when making application for a license. Within ten (10) days from the
issuance of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
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.
Intoxicating liquor (all kinds) —
original package: $150.00.
c.
Malt liquor — by drink (resort
license only): $75.00.
d.
Malt liquor and light wines —
by drink (resort license only): $75.00.
e.
Intoxicating liquor (all kinds) —
by drink (resort license only): $450.00.
B.
Of the license fee to be paid for any such
license, the applicant shall pay as many 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 1.
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(A)(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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
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 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.
A special permit shall be issued
to an out-of-state manufacturer of intoxicating liquor who is not
licensed in the state of Missouri for participation in festivals,
bazaars, or similar events. Registration requirements under Section
311.275, RSMo., shall be waived for such event. The amount of intoxicating
liquor shipped in the State under this permit shall not exceed two
hundred (200) gallons. Excise taxes shall be paid by the licensed
manufacturer that holds a retail license organizing the event in the
same manner as if it were produced or purchased by the manufacturer.
A permit issued under this Section by the City shall be valid for
no more than seventy-two (72) hours. An applicant shall complete a
form provided by the City and the Supervisor of Alcohol and Tobacco
Control and pay a fee of thirty-seven dollars and fifty cents ($37.50)
before a special permit shall be issued.
A.
Any person licensed to sell liquor at retail
by the drink for consumption on the premises where sold may use a
self-dispensing system, which is monitored and controlled by the licensee
and allows patrons of the licensee to self-dispense beer or wine.
Before a patron may dispense beer or wine, an employee of the licensee
must first authorize an amount of beer or wine, not to exceed thirty-two
(32) ounces of beer or sixteen (16) ounces of wine per patron per
authorization, to be dispensed by the self-dispensing system.
B.
No provision of law or rule or regulation
of the City shall be interpreted to allow any wholesaler, distributor,
or manufacturer of intoxicating liquor to furnish self-dispensing
or cooling equipment or provide services for the maintenance, sanitation,
or repair of self-dispensing systems.
A.
Any person who is licensed to sell intoxicating
liquor in the original package at retail as provided in Subsection
1 of Section 311.200, RSMo., may sell from thirty-two (32) to one
hundred twenty-eight (128) fluid ounces of draft beer to customers
in containers filled by any employee of the retailer on the premises
for consumption off such premises. Any employee of the licensee shall
be at least twenty-one (21) years of age to fill containers with draft
beer.
B.
No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C.
Requirements Regarding Containers.
1.
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale,
lager, bock, stout, or other brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business
that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: "This product
may be unfiltered and unpasteurized. Keep refrigerated at all times."
D.
Additional Regulations.
1.
The filling and refilling of containers
shall only occur on demand by a customer and containers shall not
be prefilled by the retailer or its employee.
2.
Containers shall only be filled or
refilled by an employee of the retailer.
3.
Containers shall be filled or refilled
as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:
(1)
Food-grade sanitizer
shall be used in accordance with the Environmental Protection Agency
registered label use instructions;
(2)
A container of liquid
food-grade sanitizer shall be maintained for no more than ten (10)
malt beverage taps that will be used for filling and refilling containers;
(3)
Each container shall
contain no fewer than five (5) tubes that will be used only for filling
and refilling containers;
(4)
The container shall
be inspected visually for contamination;
(5)
After each filling or
refilling of a container, the tube shall be immersed in the container
with the liquid food-grade sanitizer; and
(6)
A different tube from
the container shall be used for each filling or refilling of a container;
or
b.
Containers shall be filled or refilled
with a contamination-free process and:
4.
Containers shall be filled or refilled
from the bottom of the container to the top with a tube that is attached
to the malt beverage faucet and extends to the bottom of the container
or with a commercial filling machine.
5.
When not in use, tubes to fill or
refill shall be immersed and stored in a container with liquid food-grade
sanitizer.
[R.O. 2004 § 600.050; Ord. No. 7.54 § 1, 8-23-2011]
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.
C.
Decision On Application. The City Clerk
shall approve the application and issue a license if after said application
is reviewed it is determined that all the requirements of this Section
are met. In the event the City Clerk is unable to determine whether
all requirements are met, or if the City Clerk is concerned the issuance
of the license will not serve the best interests of the community,
the City Clerk may place the application on the agenda for the next
regularly scheduled meeting of the Board of Aldermen.
1.
In no event shall the Board approve
the issuance of a license for the sale of liquor within one hundred
(100) feet of any school, church or other building regularly used
as a place of worship; except that when a church or school shall thereafter
be established within one hundred (100) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for this reason. This Subsection shall not apply to a holder of a
license issued pursuant to Sections 311.090, 311.219, 311.482, RSMo.,
or 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.
[Ord. No. 7.58 § 1, 5-26-2015]
a.
Method Of Measuring. For purposes
of measuring the distance between the location of an applicant's place
of business and a school or church, the distance shall be measured
from the front door of the applicant's business to the front door
of the school or church. A front door is one that faces an improved
street or highway, and the measurement shall be from the closest front
door of the business, school or church in the event there is more
than one front door. Measurement shall occur from the front door of
the business to the closest paved edge of the street it faces. If
the school or church is on the same side of the same street, measurement
continues down the edge of the paved street to a point perpendicular
to the front door of the church or school, including any cross streets.
If the school or church is across the street, the measurement shall
continue down the edge of the paved street to a point perpendicular
to the front door of the church or school, then across the street
and to the front door. If the school or church is on a different street,
the measurement shall continue to the nearest intersection of a public
street or alley, and down the paved edge of the street or alley to
a point perpendicular to the front door of the school or church.
[Ord. No. 7.57 § 1, 9-24-2013]
2.
The City Clerk shall approve the
application if he/she finds:
a.
Issuance of the requested license
would be in the best interests of the locality of the proposed business;
b.
The applicant is a person of good
moral character, a native born or naturalized citizen of the United
States of America, a registered voter and a taxpaying citizen of the
City;
c.
No license theretofore issued to
such applicant to sell intoxicating liquors has been revoked within
two (2) years of the date of the application;
d.
The applicant has not been convicted
since the ratification of the 21st Amendment to the Constitution of
the United States of the violation of any law applicable to the sale
of intoxicating liquor, or that such applicant has not employed in
his/her business any person whose license has been revoked or who
has been convicted of violating the provisions of such law since the
date aforesaid; and
e.
The applicant plans and proposes
to conduct a retail liquor business in compliance with the laws of
the State of Missouri, the ordinances of the City, and the provisions
of this Chapter.
D.
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 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.
E.
Applications for renewal of licenses must be filed on or before the first day of May of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board 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, the Board shall conduct a hearing on the application for license renewal as provided in Subsection (D) of this Section.
[1]
Editor's Note: As regards certain exceptions
to issuance or renewal of licenses, see Section 311.060(6) and (7),
RSMo.
[R.O. 2004 § 600.060; Ord. No. 7.24 § 10, 3-21-1981; Ord. No. 7.42 § 3,
No Date; Ord. No. 7.46 § 1, 11-8-2005; Ord. No. 7.48 § 1, 12-13-2005; Ord. No. 7.50 § 1, 3-27-2007; Ord. No. 7.58 § 2, 5-26-2015]
In no event shall any license be
issued for the sale of intoxicating beverages except in the business
district, herein defined as any area within the City limits of Mount
Vernon, Missouri, that is within zoning districts designated as "B-1,"
"B-1A," "B-2," "B-3" or "M-1."
[R.O. 2004 § 600.070; Ord. No. 7.47 § 1, 11-8-2005]
A.
For the privilege of manufacturing wine
or brandy, which manufacturing shall be in accordance with all provisions
of Federal law and Missouri State law applicable thereto except as
may otherwise be specified in Mount Vernon City ordinances, in quantities
not to exceed five hundred thousand (500,000) gallons, not in excess
of eighteen percent (18%) of alcohol by weight for wine, or not in
excess of thirty-four percent (34%) of alcohol by weight for brandy
from grapes, berries, other fruits, fruit products, honey and vegetables
produced or grown in the State of Missouri, exclusive of sugar, water
and spirits, there shall be paid to and collected by the Revenue Collector
for the City of Mount Vernon, Missouri, a license fee of seven dollars
and fifty cents ($7.50) for each five hundred (500) gallons or fraction
thereof of wine or brandy produced up to a maximum license fee of
four hundred fifty dollars ($450.00).
B.
Notwithstanding the provisions of Subsection (A) of this Section, a manufacturer licensed under this Section may use in any calendar year such wine- and brandy-making material produced or grown outside the State of Missouri in a quantity not exceeding fifteen percent (15%) of the manufacturer's wine entered into fermentation in the prior calendar year.
C.
Any year when a natural disaster causes
substantial loss to the Missouri crop of grapes, berries, other fruits,
fruit products, honey or vegetables from which wines are made, the
City of Mount Vernon, Missouri, shall allow a certain additional percent,
based on the prior calendar year's production of such products, to
be purchased outside the State of Missouri to be used and offered
for sale by Mount Vernon, Missouri, wineries, all in accordance with
the percent of loss as shall be determined by the Director of the
Department of Agriculture for the State of Missouri.
D.
A manufacturer licensed under this Section
may purchase and sell bulk or packaged wines or brandies received
from other manufacturers licensed under this Section and may also
purchase in bulk, bottle and sell to duly licensed wineries, wholesalers
and retail dealers on any day except Sunday, and a manufacturer licensed
under this Section may offer samples of wine, may sell wine and brandy
in its original package directly to consumers at the winery, and may
open wine so purchased by customers so that it may be consumed on
the winery premises on Monday through Saturday between 6:00 A.M. and
12:00 Midnight and on Sunday between 9:00 A.M. and 10:00 P.M.
[R.O. 2004 § 600.075; Ord. No. 7.52 § 1, 11-13-2007]
A.
Any manufacturer of wine or brandy licensed
in the City of Mount Vernon or an employee may provide and pour wine
or brandy off the licensed retail premises for tasting purposes, provided
no sales transactions take place. For purposes of this Section, a
sales transaction shall mean an actual or immediate exchange of money
as consideration for immediate delivery of goods at the tasting site.
B.
Notwithstanding any other provision of Chapter 600 of the Mount Vernon City Code, a manufacturer of wine or brandy or an employee may provide, furnish or pour wine or brandy for tasting purposes at any location or event for which a temporary permit has been obtained, provided that no sales transactions take place.
[R.O. 2004 § 600.078; Ord. No. 7.51 § 1, 5-22-2007]
A license to sell intoxicating liquor
by the drink shall not be issued unless and until an election as called
for by Section 311.090, RSMo., is held and the issuance of such license
is approved unless the applicant is an exempt organization under the
terms of Section 311.090, RSMo.
[R.O. 2004 § 600.090; Ord. No. 7.45 §§ 1 —2, 2001]
A.
KEG
SUPERVISOR OF ALCOHOL AND TOBACCO CONTROL
As used in this Section, the following
terms shall mean:
Any container capable of holding four (4) gallons or more
of beer, wine, or intoxicating liquor and which is designed to dispense
beer, wine, or intoxicating liquor directly from the container for
purposes of consumption. Any non-returnable container with a capacity
of less than six (6) gallons shall not be considered a keg under this
Section.
The person appointed pursuant to Section 311.610, RSMo.
B.
Each keg sold at retail for off-premises consumption shall be labeled
with a numbered identification tag. The Division of Alcohol and Tobacco
Control may prescribe the numbered identification tags to be used
for this purpose. The recyclable numbered identification tag shall
be affixed to the handle on the top chime of the keg. The recyclable
numbered identification tag shall be supplied by the Division of Alcohol
and Tobacco Control without fee and securely affixed to the keg by
the licensee making the sale.
C.
Each retail licensee shall require each keg purchaser to present
valid identification and a minimum deposit of fifty dollars ($50.00)
per keg at the time of purchase. On the identification form provided
by the Division of Alcohol and Tobacco Control the licensee shall
record for each keg sale the date of sale, the size of keg, keg tag
identification number, the amount of container deposit, the name,
address, and date of birth of the purchaser, and the form of identification
presented by such purchaser. The purchaser shall sign a statement
at the time of purchase attesting to the accuracy of the purchaser's
name and address and acknowledging that misuse of the keg or its contents
may result in civil liability, criminal prosecution, or both. The
licensee shall retain the identification form for a minimum of three
(3) months following the sale of the keg.
D.
The licensee shall not refund a deposit for a keg that is returned without the numbered identification tag intact and legible. The licensee shall record the date of return of the keg and the condition of the numbered identification tag on the identification form required pursuant to Subsection (C) of this Section. The licensee may retain any deposit not refunded for this reason. Upon the return of a properly tagged keg from a consumer, the licensee shall remove the tag from the keg and retain such tag with the identification form as required pursuant to Subsection (C) of this Section.
E.
The Supervisor shall promulgate rules and regulations for the administration
of this Section and shall design all necessary forms. No rule, regulation,
or portion of a rule or regulation promulgated pursuant to the authority
of this Section shall become effective unless it has been promulgated
pursuant to Chapter 536, RSMo.
A.
Persons 18 Years Of Age Or Older May Sell
Or Handle Intoxicating Liquor, 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.
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. Delivery of intoxicating liquor 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.
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor but which does not sell intoxicating liquor at retail, persons
at least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail.
4.
Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a.
Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b.
Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5.
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 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.
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.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
2.
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 who is visibly in an intoxicated
condition as defined in Section 577.001, RSMo., shall be deemed to
have given consent to a chemical test or tests of the person's breath,
blood, saliva, or urine for the purpose of determining the alcohol
or drug content of the person's blood. The implied consent to submit
to the chemical tests listed in this Subsection shall be limited to
not more than two (2) such tests arising from the same arrest, incident,
or charge. Chemical analysis of the person's breath, blood, saliva,
or urine shall be performed according to methods approved by the State
Department of Health and Senior Services by licensed medical personnel
or by a person possessing a valid permit issued by the State Department
of Health and Senior Services for this purpose. The State Department
of Health and Senior Services shall approve satisfactory techniques,
devices, equipment, or methods to be considered valid and shall establish
standards to ascertain the qualifications and competence of individuals
to conduct analyses and to issue permits which shall be subject to
termination or revocation by the State Department of Health and Senior
Services. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
a.
"Full information" is limited to
the following:
(1)
The type of test administered
and the procedures followed;
(2)
The time of the collection
of the blood or breath sample or urine analyzed;
(3)
The numerical results
of the test indicating the alcohol content of the blood and breath
and urine;
(4)
The type and status
of any permit which was held by the person who performed the test;
(5)
If the test was administered
by means of a breath-testing instrument, the date of performance of
the most recent required maintenance of such instrument.
b.
"Full information" does not include
manuals, schematics, or software of the instrument used to test the
person or any other material that is not in the actual possession
of the State. Additionally, "full information" does not include information
in the possession of the manufacturer of the test instrument.
3.
Exception.
a.
The provisions of this Subsection
shall not apply to a student who:
(1)
Is eighteen (18) years
of age or older;
(2)
Is enrolled in an accredited
college or university and is a student in a culinary course;
(3)
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
(4)
Tastes a beverage under
Subsection(D)(3)(a)(3) of this Section only for instructional purposes
during classes that are part of the curriculum of the accredited college
or university.
b.
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.
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.
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.
Packaging, Labeling, Repackaging Prohibited,
When. Any retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor 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 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. 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.
F.
Persons Apparently Intoxicated Not To Be
Provided With Intoxicating Liquor. It shall be unlawful for any licensee,
or his/her employee or agent, to sell or supply intoxicating liquor,
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 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 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 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.
A person commits the offense of manufacturing
a false identification if he/she possesses any means of identification
for the purpose of manufacturing and providing or selling a false
identification card to a person under the age of twenty-one (21) for
the purpose of purchasing or obtaining alcohol.
B.
The offense of manufacturing a false identification
is an ordinance violation.
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.
A.
Notwithstanding any provision of law to
the contrary, entertainment facilities, including, but not limited
to, arenas and stadiums used primarily for concerts, shows, and sporting
events of any kind and entities selling concessions at such facilities
that possess all necessary and valid licenses and permits to allow
for the sale of alcoholic beverages shall not be prohibited from selling
and delivering alcoholic beverages purchased through the use of mobile
applications to individuals attending events on the premises of such
facilities if the facilities are in compliance with all applicable
State laws and regulations regarding the sale of alcoholic beverages.
B.
For purposes of this Section, the term
"mobile application" shall mean a computer program or software designed
to be used on hand-held mobile devices such as cellular phones and
tablet computers.
C.
Any employee of a facility or entity selling
concessions at a facility who delivers an alcoholic beverage purchased
through a mobile application to an individual shall require the individual
to show a valid, government-issued identification document that includes
the photograph and birth date of the individual, such as a driver's
license, and shall verify that the individual is twenty-one (21) years
of age or older before the individual is allowed possession of the
alcoholic beverage.
A.
Suspension Or Revocation Of License — When — Manner. The Board of Aldermen 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 of Aldermen or a hearing officer 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 600.170 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, Chapter 311, RSMo., or any ordinance of the City;
or
2.
Failing to obtain or keep a license
from the State Supervisor of Alcohol and Tobacco Control; or
3.
Making a false affidavit in an application
for a license under this Chapter; or
4.
Failing to keep an orderly place
or house; or
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; or
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, or
b.
Any person during unauthorized hours
on the licensed premises, or
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 of Aldermen.
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 this Chapter or Chapter 311, RSMo., or of any felony violation
of Chapter 195 or 579, 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 of Aldermen shall
sell or give away any intoxicating liquor 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 of Aldermen's order of suspension in a conspicuous
place on the premises so that all persons visiting the premises may
readily see the same.
A.
Hearing Officer. Hearings may be had before
the Board of Aldermen or before a Hearing Officer appointed by the
Board of Aldermen who shall be an attorney licensed to practice law
in the State of Missouri. If held before a Hearing Officer, he/she
shall report to the Board of Aldermen findings of fact, conclusions
of law and recommendations. The Board of Aldermen may accept, modify
or refuse to accept the report of the Hearing Officer or any portion
thereof.
B.
Witnesses — How Summoned. Subpoenas
may be issued by the Board of Aldermen 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 of Aldermen 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 600.160 of this Chapter, the Board of Aldermen 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 of Aldermen 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 of
Aldermen's decision. The Board of Aldermen may delay the implementation
of its order pending appeal.
