[Ord. No. 1499 §1, 12-17-2015[1]]
As used in this Chapter, the following words and phrases shall
have the respective meanings ascribed to them:
Alcohol for beverage purposes including intoxicating liquor,
malt liquor and non-intoxicating beer.
A type of malt liquor containing ingredients in compliance
with the following standards:
Beer shall be brewed from malt or a malt substitute, which only
includes rice, grain of any kind, bean, glucose, sugar, and molasses.
Honey, fruit, fruit juices, fruit concentrate, herbs, spices, and
other food materials may be used as adjuncts in fermenting beer; and
Flavor and other non-beverage ingredients containing alcohol
may be used in producing beer, but may contribute to no more than
forty-nine percent (49%) of the overall alcohol content of the finished
beer. In the case of beer with an alcohol content of more than six
percent (6%) by volume, no more than one and one-half percent (1.5%)
of the volume of the beer may consist of alcohol derived from added
flavors and other non-beverage ingredients containing alcohol.
The City of Cottleville, Missouri.
The City Administrator of the City or his/her designee.
The City Clerk of the City or his/her designee.
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
A person who sells or dispenses drugs and medicines as a
pharmacist; one who owns or manages a drugstore.
A retail store where drugs and medicines are sold.
Any organization within this State operating under the lodge
system which exists for the common benefit, brotherhood or other interest
of its members except college fraternities and sororities and of which
no part of the net earnings inures to the benefit of any private shareholder
or any individual member of such organization and which has been exempted
from the payment of Federal income tax as provided in Section 501(c)(5),
501(c)(8), or 501(c)(10) Internal Revenue Code of 1954, as amended.
Honesty, fairness, and respect for the rights of others and
for the laws of the State and nation. The following factors shall
be considered when making a determination of whether an applicant
or licensee under this Chapter has "good moral character":
The nature and character of the business for which the license
is sought;
The manner in which the person has conducted his/her/its business;
and
The manner in which the person has observed or violated the
law.
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If a person has been convicted of violating a crime of this
State or Country, or of any crime of any other State or Country that
would have been a crime under the laws of the State of Missouri, or
an offense of this City, the City Clerk shall also weigh the following
factors in determining if the person has "good moral character":
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1.
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The type of crime(s) or offense(s) for which a person has been
convicted;
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2.
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The circumstances surrounding the crime(s) or offense(s) for
which a person has been convicted;
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3.
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The proximity in time of the conviction(s) to the application
for a license;
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4.
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The conduct of the person since the date of conviction; and
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5.
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Whether the crime the person is convicted of is reasonably related
to the competency of the person to exercise the licensed business.
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Notwithstanding the foregoing, a conviction cannot be the sole
grounds on which a person is determined to lack "good moral character."
If a person is pardoned from a conviction, the underlying guilt for
the crime or offense may still be evidence of such person's "good
moral character."
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An individual who is under the influence of alcoholic beverages,
a controlled substance, or drug, or any combination thereof.
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.
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.
See the definition of premises.
The year for which a liquor license required by this Chapter
is issued, beginning on January first or the date of issuance, whichever
is later, and ending on December thirty-first.
Any beverage manufactured from pure hops or barley malt or
wholesome grains or cereals and wholesome yeast and pure water, containing
alcohol in excess of three and two-tenths percent (3.2%) by weight
and not in excess of five percent (5%) by weight.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
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 containing one (1) or more standard bottles or
cans of malt liquor or non-intoxicating beer, fifty (50) milliliters
(1.7 ounces) or more of spirituous liquors and one hundred (100) milliliters
(3.4 ounces) or more of vinous liquors in the manufacturer's original
container. A standard bottle or can is a bottle or can containing
twelve (12) ounces or less of malt liquor or non-intoxicating beer.
Any individual, association, club, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal court.
The place where intoxicating liquor or non-intoxicating beer
is sold and it may be one (1) room, a building comprising several
rooms, or a building with adjacent or surrounding land such as a lot
or garden.
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.
A person holding a license to sell or to offer to sell intoxicating
liquor or non-intoxicating beer to consumers only.
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 issued under this Chapter and,
when so sold, the container shall be emptied and the contents thereof
served as other intoxicating liquors sold by the drink are served.
Any person selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds, to, by or
through a duly licensed wholesaler within the City.
Includes brandy, rum, whiskey, gin and all other preparations
or mixtures for beverage purposes of like character and excludes all
vinous, fermented or malt liquors.
A person holding a license to sell intoxicating liquor or
non-intoxicating beer to wholesalers or to retailers.
A vinous liquor produced by fermentation of juices of grapes,
berries or other fruits or a preparation of certain vegetables by
fermentation, and containing alcohol not in excess of twenty-two percent
(22%) by volume.
Any person, partnership, association of persons, or corporation who has procured a license under Section 600.200, and who manufactures in excess of two hundred (200) gallons of wine per calendar year.
Any establishment at which wine is made.
[1]
Editor's Note: Ord. No. 1499 also repealed former Ch. 600, Alcoholic Beverages, containing Sections 600.010 — 600.260, derived from Ord. No. 631 §§1 — 13, §§15 — 16, §§18 — 20, §§22 — 26, 2-26-2004; Ord. No. 866 §1, 9-14-2006; Ord. No. 962 §§3 — 4, 10-25-2007; Ord. No. 1063 §1, 12-18-2008; Ord. No. 1250 §1, 4-19-2012; Ord. No. 1273 §1, 10-18-2012.
[Ord. No. 1499 §1, 12-17-2015]
The provisions of Article I of Chapter 605 of the City Code shall apply to this Chapter, including, but not limited to, the provisions which address suspension, revocation, denial, or renewal of licenses. The specific provisions of this Chapter shall control and take precedence over any provision of Article I of Chapter 605 to the contrary.
[Ord. No. 1499 § 1, 12-17-2015]
No person shall, either by him/her or through the use of agents
or servants, manufacture, brew, sell, expose for sale or distribute
alcoholic beverages, in any quantity, within the City of Cottleville
without first having obtained the license(s) required pursuant to
this Chapter and Chapter 311, RSMo. A separate license shall be required
for each premises.
[Ord. No. 1499 § 1, 12-17-2015; Ord. No. 1597 § 1, 12-21-2016; Ord. No. 1823, 12-18-2019]
A.
A business license, and a liquor license issued pursuant to the provisions
of this Chapter, are required for each premises where a person is
engaged in the manufacture, brewing, sale or distribution of alcoholic
beverages within the City of Cottleville, and the following liquor
license fees shall be paid annually:
1.
Manufacturers of intoxicating liquor. For the
privilege of manufacturing, distilling, blending and brewing in this
City intoxicating liquor of all kinds and the privilege of selling
to duly licensed wholesalers and soliciting orders for the sale of
intoxicating liquor of all kinds, to, by or through a duly licensed
wholesaler within this City, a license fee in the sum of three hundred
dollars ($300.00).
2.
Microbrewery. For the privilege of manufacturing
beer and malt liquor in quantities not to exceed ten thousand (10,000)
barrels per annum, a licensee shall pay the sum of three hundred dollars
($300.00). Notwithstanding any other provision of this Chapter to
the contrary, the holder of a microbrewer's license may apply for,
and the City Clerk may issue, a license to sell beer and malt liquor
by the drink at retail for consumption on the premises. The holder
of a microbrewer's license may also sell beer and malt liquor produced
on the brewery premises to duly licensed wholesalers.
3.
Manufacturer of wine or brandy. For the privilege of manufacturing wine or brandy 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 (Missouri-produced), exclusive of sugar, water and spirits, there shall be paid to and collected by the City, in lieu of the fee provided in Subsection (A)(1), a license fee of five dollars ($5.00) for each five hundred (500) gallons or fraction thereof of wine or brandy produced up to a maximum license fee of three hundred dollars ($300.00).
4.
Solicitors and wholesalers of intoxicating liquor. For the privilege of selling intoxicating liquor of all kinds by
a wholesaler to a person duly licensed to sell such intoxicating liquor
of all kinds at retail and the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of intoxicating liquor
of all kinds, to, by or through a duly licensed wholesaler within
this City, a license fee in the sum of one hundred dollars ($100.00).
5.
Retail sales of intoxicating liquor — by the drink. For the sale of all kinds of intoxicating liquor, at retail by the
drink, for consumption on the premises of the licensee, including
the sale of intoxicating liquor in the original package, a license
fee in the sum of three hundred dollars ($300.00).
6.
Retail sales of intoxicating liquor — original
package. For the sale of intoxicating liquor in the original
package, not to be consumed upon the premises where sold, sold in
connection with and by a person engaged in 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, and having and keeping 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,
a license fee in the sum of one hundred fifty dollars ($150.00). 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.
7.
Sunday sales. Any person licensed to sell intoxicating
liquor either at retail by the drink for consumption on the premises
of the licensee, or for the sale of intoxicating liquor in the original
package, or who possesses the qualifications and meets the requirements
of this Chapter for such licenses, may apply for a special license
to sell intoxicating liquor either at retail by the drink for consumption
on the premises of the licensee, or for the sale of intoxicating liquor
in the original package between the hours of 6:00 A.M. on Sundays
and 1:30 A.M. on Mondays, for the sum of two hundred dollars ($200.00).
This fee is in addition to all other fees required pursuant to this
Chapter.
[Ord. No. 1965, 11-17-2021]
8.
Malt liquor by the drink. For every license
issued for the sale of malt liquor at retail by drink for consumption
on the premises where sold, the licensee shall pay a license fee in
the sum of fifty dollars ($50.00). Notwithstanding any other provision
of this Chapter to the contrary, any person licensed pursuant to this
Subsection may also sell malt liquor at retail between the hours of
6:00 AM. on Sundays and 1 :30 AM. on Mondays.
[Ord. No. 1965, 11-17-2021]
9.
Temporary license. For any temporary license issued pursuant to the requirements of Section 600.190(A) and (B) of this Chapter, a license fee in the sum of twenty-five dollars ($25.00).
10.
Wine and malt liquor tasting. Any person licensed to sell intoxicating liquor in the original package at retail may apply to the City for a license to conduct wine, malt liquor and distilled spirit tastings on the licensed premises, subject to the requirements of Section 600.210 for the sum of twenty-five dollars ($25.00). This fee is in addition to all other fees required pursuant to this Chapter.
[Ord. No. 1499 §1, 12-17-2015]
A.
No person shall be granted a license under this Chapter unless such
person is of good moral character and a qualified legal voter and
taxpaying citizen of a County, Town, City or Village where he/she
resides in this State. No partnership or corporation shall be granted
a license under this Chapter unless the managing partner or officer
of such partnership or corporation is of good moral character and
a qualified voter of this State. No person shall be granted a license
under this Chapter whose license has previously 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 manufacture or sale of intoxicating liquor,
or whose employees have had a license under this Chapter revoked or
have 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 manufacture or sale of intoxicating liquor.
1.
No person, partnership or corporation shall be qualified for a license under this Chapter 600 if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.
B.
The term "resident corporation" as used in Chapter 600 is defined to be a corporation incorporated under the laws of the State of Missouri, all the officers and directors of which, and all the stockholders, who legally and beneficially own or control sixty percent (60%) or more of the stock in amount and in voting rights, shall be qualified legal voters and taxpaying citizens of the County and municipality in which they reside and who shall have been bona fide residents of the State of Missouri for a period of three (3) years continuously immediately prior to the date of the filing of an application for a license, provided that a stockholder need not be a voter or a taxpayer, and all the resident stockholders of which shall own, legally and beneficially, at least sixty percent (60%) of all the financial interest in the business to be licensed under this law; provided, that no corporation, licensed under the provisions of this law on January 1, 1947, nor any corporation succeeding to the business of a corporation licensed on January 1, 1947, as a result of a tax-free reorganization coming within the provisions of Section 112, United States Internal Revenue Code, shall be disqualified by reason of the new requirements herein, except corporations engaged in the manufacture of alcoholic beverages containing alcohol in excess of five percent (5%) by weight, or owned or controlled, directly or indirectly, by non-resident persons, partnerships or corporations engaged in the manufacture of alcoholic beverages containing alcohol in excess of five percent (5%) by weight.
C.
The term "financial interest" as used in this Chapter 600 is defined to mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or profits, or in the guise of royalties, commissions, salaries, or any other form whatsoever.
[Ord. No. 1499 §1, 12-17-2015]
A.
License Not Transferable. No license under this Chapter shall be transferable from one (1) person to another, nor shall the license be used at any place except the premises for which the license is issued except as provided in this Section. In the event of the death of the licensee, the surviving spouse or next of kin of the deceased licensee may apply to the City Clerk for, and the City Clerk may order, the transfer of such license to permit the operation of the business of the deceased licensee for the remainder of the period of time for which a license fee has been paid by the deceased licensee. The surviving spouse or next of kin of the deceased licensee shall meet the requirements of Section 600.040. If such a person does not meet the requirements of Section 600.040, the next closest relative, determined through the rules of consanguinity, may apply for the transfer of such license. No executor, administrator, receiver, assignee, trustee or guardian may sell any intoxicating liquor belonging to the estate over which he/she has control except to a wholesaler or retailer licensed by the State of Missouri.
B.
Whenever one (1) or more members of a partnership withdraw from the
partnership, the City Clerk, upon written request of the remaining
partners, may permit the remaining partners to continue to operate
for the remainder of the liquor license year.
[Ord. No. 1499 §1, 12-17-2015]
A.
Each license issued pursuant to this Chapter shall expire on the
December 31 immediately succeeding the beginning date of such license.
B.
All licenses granted in renewal of a license expiring on December
31 of any year shall be granted and issued for a period of one (1)
year beginning on January 1 immediately succeeding the granting of
the renewal and shall expire on December 31 of the same year. No license
shall be given a beginning date prior to the day of approval of the
application and granting of such license by the City Clerk.
[Ord. No. 1499 §1, 12-17-2015]
No license required by this Chapter shall be granted by the
City Clerk unless the application submitted to the City Clerk meets
all of the requirements set forth in this Chapter, as determined by
the City Clerk, and is accompanied by the applicable license fee.
No license issued pursuant to this Section shall be valid except upon
furnishing proof of a similar valid license issued by the State.
[Ord. No. 1499 §1, 12-17-2015]
A.
All applications for licenses required by this Chapter shall be made,
in writing, to the City and shall set forth the following information:
1.
Designation of the type of license applied for;
2.
Description of the premises and the location or address thereof;
3.
Name, place of residence and mailing address of each person,
individual, association, partnership, including the names of all the
partners, or corporation, including the name of the managing officer
thereof, for whom the license is sought;
4.
Criminal records check for each applicant, and all convictions
of any law applicable to the manufacture or sale of intoxicating liquor,
if any, except that a criminal records check will not be required
for the renewal of any license issued pursuant to this Chapter;
5.
The date(s) of revocation and location(s) for all liquor licenses
issued to the applicant which have been revoked by the City or the
State;
6.
Signature of applicant(s).
B.
No license shall be granted hereunder unless the applicant renders
full, true and complete answers to all questions contained on said
application, and should an applicant make, or cause to be made, any
false statements of a material matter in his/her said application,
the same shall be deemed cause for suspension or revocation of any
license issued pursuant to such application.
[Ord. No. 1499 §1, 12-17-2015]
All completed applications for licenses required by this Chapter
shall be filed with the City Clerk, the date of filing being noted
thereon by the City Clerk.
[Ord. No. 1499 §1, 12-17-2015]
A.
At the time of filing an application for a license required by this
Chapter, the applicant shall pay to the City Clerk the applicable
license fee, either in cash or by personal check, business check,
bank draft, money order, certified check or cashier's cheek, made
payable to the City of Cottleville. The City Clerk shall issue a receipt
together with the license to the applicant.
B.
In addition to the enforcement provisions contained elsewhere in
the City Code, any person manufacturing, brewing, selling, exposing
for sale or distributing alcoholic beverages, in any quantity, either
by him/her or through the use of agents or servants, within the City
of Cottleville without first having obtained licenses required pursuant
to this Chapter and Chapter 311, RSMo., shall be liable for the following:
1.
Initial licensing. If any person commences any activity listed in Subsection (B) within the City without first having paid the license fee within thirty (30) days after commencing such activity, such person must pay in addition to the fees set forth in Section 600.030 twenty-five dollars ($25.00) for each 30-day period of operation without a valid license issued pursuant to this Chapter, but not to exceed one hundred fifty dollars ($150.00).
2.
Renewal licensing. If any person continues any activity listed in Subsection (B), within the City without first renewing the appropriate license as described in the City Code, such person must pay in addition to the fees set forth in Section 600.030 twenty-five dollars ($25.00) for each 30-day period of operation without a valid license issued pursuant to this Chapter, but not to exceed one hundred fifty dollars ($150.00).
[Ord. No. 1499 §1, 12-17-2015]
No application for a license required by this Chapter, whether
for a new license or in renewal of any license previously held by
the applicant, shall be formally approved or granted by the City Clerk
for at least ten (10) days after the filing of any such completed
application and the license fee with the City Clerk.
[Ord. No. 1499 §1, 12-17-2015]
A.
Upon satisfaction of the requirements of this Chapter, the City Clerk
shall issue such license which shall describe the type of license,
the license fee, the premises to which the license applies, the name
of the licensee, the date of issuance and the period of time for which
such license is granted.
[Ord. No. 1499 §1, 12-17-2015]
All licenses duly issued and obtained in compliance with this
Chapter shall at all times be placed in an open and conspicuous location
within the premises being operated thereunder.
[Ord. No. 1499 §1, 12-17-2015]
A.
In no event shall the City Clerk approve the issuance of a license
for the sale of intoxicating liquor within one hundred (100) feet
of any school, church or other building regularly used as a place
of worship; except that when a school, church or other building regularly
used as a place of worship shall thereafter be established within
one hundred (100) feet of any place of business licensed to sell intoxicating
liquor, an application for the renewal of the license shall not be
denied for this reason. This Subsection shall not apply to a holder
of a license issued pursuant to Section 311.090, 311.218, 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.
B.
For purposes of this Section, the distance of one hundred (100) feet
shall be measured from the front door of the school, church or other
building regularly used as a place of religious worship on a direct
line to the front door of the premises that is limited or used for
the sale of intoxicating liquor.
[Ord. No. 1582 § 3, 10-19-2016]
A.
No retail licensee or his/her employee shall permit in or upon his/her
licensed premises:
2.
The displaying of any portion of the areola of the female breast
even if covered by body paint, body dyes, tattoos, liquid latex, whether
wet or dried, and other similar substances;
3.
The actual or simulated displaying of the pubic hair, anus,
vulva or genitals;
5.
The displaying of films, video programs or pictures depicting
acts, the live performances of which are prohibited by State law or
City ordinance.
[Ord. No. 1499 §1, 12-17-2015]
Notwithstanding any other provision of this Code to the contrary, any license issued under this Chapter may be revoked or suspended by the City Clerk for a period of time not to exceed one hundred twenty (120) days for any licensee who fails, at all times, to keep an orderly place or house, or for violating any of the provisions of this Chapter, subject to the notice and hearing requirements and procedures set forth in Section 605.040 of this Code.
[Ord. No. 1499 §1, 12-17-2015]
If any license issued under the provisions of this Chapter is
suspended, revoked, surrendered or forfeited by the licensee, not
used at all during the liquor license year, or used for only part
of the liquor license year, no refund of any license fee or part thereof
shall be made.
[Ord. No. 1499 §1, 12-17-2015; Ord.
No. 1965, 11-17-2021]
Except as otherwise provided in Sections 600.180 and 600.200 of this Chapter, no person possessing a license issued pursuant to this Chapter, nor any employee or agent of such person, shall sell, give away or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on any day of the week, upon or about his/her premises. 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 licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one (1) room only, 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. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation. 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.
[Ord. No. 1499 §1, 12-17-2015]
A.
Any person possessing the qualifications and meeting the requirements
of this Chapter, who is licensed to sell intoxicating liquor at retail,
may apply to the City for a special license to sell intoxicating liquor
at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M.
on Mondays. A licensee under this Section shall pay to the City an
additional fee of two hundred dollars ($200.00) per year payable at
the same time and in the same manner as its other license fees.
[Ord. No. 1965, 11-17-2021]
B.
Certain Holidays, Sale By The Drink On Sunday Allowed. When January 1, March 17, July 4 or December 31 falls on a Sunday
and on the Sundays immediately preceding 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 at retail intoxicating liquor
by the drink may be open for business and sell at retail intoxicating
liquor by the drink under the provisions of his/her license during
the time frame permitted by such license for a weekday.
[Ord. No. 1499 §1, 12-17-2015]
A.
Not-For-Profit Picnic License. In addition to the annual licenses herein provided, a temporary license for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package and 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 license 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. Such temporary licenses shall only be given for events occurring on consecutive days. The fee to be paid for each temporary license for the sale of intoxicating liquor shall be as set forth in Section 600.030. 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. and ending at 1:30 A.M. Monday. Nothing in this Chapter shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the licensee at such picnic, bazaar, fair or similar gathering.
[Ord. No. 1965, 11-17-2021]
B.
Special Event (Off-Premises) License. Notwithstanding any other provision of this Chapter to the contrary, the City Clerk may issue a temporary license 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 Chapter 311, RSMo., 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 license 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 on the premises in which such function, occasion or event is held. Such temporary licenses shall be issued for a period not to exceed one hundred sixty-eight (168) consecutive hours and may not be renewed. All provisions of the City's ordinances, rules and regulations shall extend to such premises and shall be in force and enforceable during all the time the licensee, its agents, servants, employees or stock are in such premises. The fee to be paid by each temporary licensee shall be as set forth in Section 600.030. This temporary license shall allow the sale of intoxicating liquor in the original package.
1.
Completed applications for a temporary license issued pursuant
to this Subsection must be submitted to the City Administrator at
least five (5) business days in advance of the particular function,
occasion or event for which the temporary license is being requested.
3.
No more than six (6) licenses shall be issued to any person
under this Subsection during any license term.
C.
Notwithstanding any other provisions of this Chapter to the contrary, applications for the temporary license authorized pursuant to Subsection (B) of this Section shall be on a form prepared by the City Clerk, which form shall require the person requesting the temporary license to provide the following information:
1.
The name and address of the applicant if a person, or if a partnership
or association the name and address of each member or partner, or,
if the applicant is a corporation the names and addresses of all its
officers and members of its Board of Directors;
2.
Copies of each valid license issued to the applicant pursuant
to Chapter 311, RSMo.;
3.
Copies of each valid local license, except temporary or special
licenses, issued by any City or County of this State;
4.
Written permission from the property owner to hold the function
on such property;
5.
Address and description of the premises at which the particular
function, occasion or event will be held;
6.
The date or dates the function will be held; and
7.
Any and all other information deemed necessary by the City Clerk.
D.
Upon a denial of any such temporary license by the City Clerk, any person aggrieved by the decision may appeal the decision of the City Administrator. The procedures for appeal of a denial of a temporary license to the City Administrator shall proceed in the manner described in Section 600.120(B) of this Chapter.
[Ord. No. 1499 §1, 12-17-2015]
A.
For the privilege of manufacturing Missouri-produced wine or brandy, which manufacturing shall be in accordance with all provisions of Federal law applicable thereto except as may otherwise be specified in this Section, in quantities not to exceed five hundred thousand (500,000) gallons in a calendar year, 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, there shall be paid to and collected by the City, the license fee set forth in Section 600.030.
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 or brandy entered into fermentation in the prior calendar year, except as provided by Section 311.190.3, RSMo.
C.
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 Midnight and on Sunday
between 6:00 A.M. and 1:30 A.M. on Mondays.
[Ord. No. 1965, 11-17-2021]
D.
For the purpose of the promotion of tourism, a wine manufacturer, its employees, officers or agents located within this City may apply for and the City may issue a license to sell intoxicating liquor by the drink at retail for consumption on the premises where sold, if the premises so licensed is in close proximity to the winery. Such premises shall be closed during the hours specified under Section 600.170 and may remain open between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
[Ord. No. 1965, 11-17-2021]
E.
For the purpose of the promotion of tourism, a person may apply for
and the City may issue a license to sell intoxicating liquor by the
drink at retail for consumption on the premises where sold, but seventy-five
percent (75%) or more of the intoxicating liquor sold by such person
shall be Missouri-produced wines received from manufacturers licensed
under Section 311.190, RSMo. Such premises may remain open between
the hours of 6:00 A.M. and Midnight, Monday through Saturday, and
between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
[Ord. No. 1965, 11-17-2021]
[Ord. No. 1499 §1, 12-17-2015]
A.
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail, may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises and pay the fee set forth in Section 600.030. Nothing in this Section 600.210 shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
1.
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 Section 600.210, a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
2.
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 Subsections (A), (B) and (C) of Section 600.190.
3.
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 this Section 600.210 or hold a license to sell intoxicating liquor at retail by the drink for consumption on the premises where sold. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-premises product tasting.
4.
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 service 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.
5.
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. 1499 §1, 12-17-2015]
A.
Notwithstanding any other provision of this Chapter 600, it shall not be unlawful for the owner, operator, or employees of a restaurant bar to allow patrons to carry out one or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one or more bottles of unfinished wine under the following conditions:
1.
The patron must have ordered a meal;
2.
The bottle or bottles of wine must have been at least partially
consumed during the meal;
3.
The restaurant bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
4.
The restaurant bar must securely reseal the bottle or bottles
of wine and place them in one or more one-time-use, tamperproof, transparent
bags and securely seal the bags.
B.
Notwithstanding any other provision of any ordinance of the City, no person who transports one or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection (A) of this Section, in a vehicle, shall be considered to have violated any ordinance of the City regarding open containers in vehicles so long as such person has in his/her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
C.
Notwithstanding any other provision of any ordinance of the City,
it shall be lawful for the owner, operator, or employees of a winery
to allow patrons to carry out one or more bottles of unfinished wine
and it shall be lawful for patrons of such winery to carry out one
or more bottles of unfinished wine under the following conditions:
1.
The bottle or bottles of wine must have been at least partially
consumed at the winery;
2.
The winery must provide a dated receipt for the unfinished bottle
or bottles of wine; and
3.
The winery must securely reseal the bottle or bottles of wine
and place them in one or more one-time-use, tamperproof, transparent
bags and securely seal the bags.
D.
Notwithstanding any other provision of any ordinance of the City, no person who transports one or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection (C) of this Section shall be considered to have violated any ordinance of the City regarding open containers in vehicles so long as such person has in his/her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
[Ord. No. 1499 §1, 12-17-2015]
Notwithstanding any other provision of this Chapter to the contrary,
any restaurant bar without an on-site brewery that serves twenty (20)
or more different types of draft beer may sell thirty-two (32) fluid
ounces or more of such beer to customers for consumption off the premises
of such bar or tavern.
[Ord. No. 1965, 11-17-2021]
A.
Notwithstanding
any provision of this Code to the contrary, any person who is licensed
to sell intoxicating liquor at retail by the drink for on-premises
consumption may sell retailer-packaged alcoholic beverages to customers
in containers, filled on such premises by any employee of the retailer
who is twenty-one (21) years of age or older, for off-premises consumption
if all the following requirements are met:
1.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A sealable container does not include a
container with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subparagraph
(A)(3), a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section 600.235 by a licensee for off-premises consumption is limited to twice the number of meal servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
6.
The container is either:
B.
Containers that are filled under Subsection (A) of this Section 600.235 shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
C.
The filling of a container under this Section 600.235 shall be in compliance with Section 3-304.17(C) of the 2009 Food and Drug Administration Food Code.
D.
No provision of Section, or rule or regulation of the City, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (A) of this Section 600.235 to any person who is licensed to sell intoxicating liquor at retail.
[Ord. No. 1499 §1, 12-17-2015]
A.
Any person licensed to sell intoxicating liquor at retail by the
drink for consumption on the premises where sold may use a table tap
dispensing system to allow patrons of the licensee to dispense beer
at a table. Before a patron may dispense beer, an employee of the
licensee must first authorize an amount of beer, not to exceed thirty-two
(32) ounces per patron per authorization, to be dispensed by the table
tap dispensing system.
[Ord. No. 1499 §1, 12-17-2015]
A.
Any licensee under this Chapter, or his/her employee, who shall 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, or to any person in an intoxicated condition, or to a habitual
drunkard, and any person, except a parent or guardian, who procures,
sells, gives away or otherwise supplies intoxicating liquor to any
person under the age of twenty-one (21) years, or to any person in
an intoxicated condition, or to a habitual drunkard, shall be deemed
guilty of an ordinance violation, except that this Section shall not
apply 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 any 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 when serving in the capacity
as an employee of a licensed establishment.
B.
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 legal guardian, is guilty of an ordinance violation.
C.
It shall be a defense to prosecution under this Section if:
[Ord. No. 1499 §1, 12-17-2015]
A.
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 in an intoxicated condition, or has a detectable
blood alcohol content of more than two-hundredths of one percent (.02%)
by weight of alcohol in such person's blood is guilty of an ordinance
violation. For purposes of prosecution under this Section or any other
Section of this Chapter involving an alleged illegal sale or transfer
of intoxicating liquor to a person under twenty-one (21) years of
age, 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 not intoxicating liquor in such
container, but the burden of proof of such allegation is on such alleged
violator, as it shall be presumed that such a sealed container describing
that there is intoxicating liquor therein contains intoxicating liquor.
B.
Except as otherwise provided in Subsection (A), for purposes of determining violations of any provision of this Chapter, 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 not intoxicating liquor in such container, but the burden of proof of such allegation is on such alleged violator, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
C.
The provisions of this Section 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 Subparagraph (3) of this Subsection
only for instructional purposes during classes that are part of the
curriculum of the accredited college or university.
|
The beverage must at all times remain in the possession and
control of an 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.
|
[Ord. No. 1499 §1, 12-17-2015]
Any person at least seventeen (17) years of age but under the
age of twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor or non-intoxicating
beer, except in cases authorized by law, shall upon conviction be
deemed guilty of an ordinance violation. Any person under the age
of seventeen (17) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor or non-intoxicating
beer, except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
211, RSMo.
[Ord. No. 1499 §1, 12-17-2015]
B.
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
and accept payment for, and sack for carryout, intoxicating liquor
or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating
beer away from the licensed 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 receipts are derived from sales of alcoholic beverages, have
an employee twenty-one (21) years of age or older on the licensed
premises during all hours of operation.
C.
In any distillery, warehouse, wholesale distributorship or similar
place of business which stores or distributes intoxicating liquor
or non-intoxicating beer but which does not sell intoxicating liquor
or non-intoxicating beer at retail, persons at least eighteen (18)
years of age may be employed and their duties may include the handling
of intoxicating liquor or non-intoxicating beer for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
D.
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor or non-intoxicating beer in places of business which sell food
for consumption on the premises if at least fifty percent (50%) of
all sales in those places consists of prepared meals and food consumed
on such premises; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating liquor or non-intoxicating beer.
[Ord. No. 1499 §1, 12-17-2015]
A.
A valid and unexpired operator's or chauffeur's license issued under
the provisions of Section 302.177, RSMo., or a valid and unexpired
operator's or chauffeur's license issued under the laws of any State
or territory of the United States to residents of those States or
territories, or a valid and unexpired identification card as provided
for under Section 302.181, RSMo., or a valid and unexpired identification
card issued by any uniformed service of the United States, or a valid
and unexpired passport shall be presented by the holder thereof upon
request of any licensee or the servant, agent or employee thereof
for the purpose of aiding the licensee or the servant, agent or employee
to determine whether or not the person is at least twenty-one (21)
years of age when such person desires to purchase or consume alcoholic
beverages procured from a licensee. Upon such presentation the licensee
or the servant, agent or employee thereof shall compare the photograph
and physical characteristics noted on the license, identification
card or passport with the physical characteristics of the person presenting
the license, identification card or passport.
B.
Upon proof by a licensee of full compliance with the provisions of
this Section, no penalty shall be imposed if a licensee acted in good
faith in relying upon the identification.
[Ord. No. 1499 §1, 12-17-2015]
Intoxicating liquor sold at retail in its original packages
only shall not be consumed on the premises where sold, nor shall the
original package be opened on the premises of the vender.
[Ord. No. 1499 §1, 12-17-2015]
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor or otherwise lawfully
acquired and transported to be used in connection with the business
of a druggist in compounding medicines, or as a solvent or preservant,
or for the purpose of selling such intoxicating liquor to a person
on prescription from a regularly licensed physician.
[Ord. No. 1499 §1, 12-17-2015]
It shall be the duty of the Police of this City to enforce the
provisions of this Chapter and of other ordinances of this City relating
to the sale of alcoholic beverages and to report to the Chief of Police
any licensed premises which is not kept in an orderly manner or is
in violation of any of the provisions of this Chapter or of other
ordinances of this City relating to the sale of alcoholic beverages,
or any person selling alcoholic beverages in this City without a license.
It shall be the duty of the Chief of Police to report all such violations
committed by a licensee under this Chapter to the City Administrator.
[Ord. No. 1499 §1, 12-17-2015]
Any person violating any of the provisions of this Chapter,
except where some penalty is otherwise provided, shall upon conviction
thereof be adjudged guilty of an offense and punished by a fine not
to exceed five hundred dollars ($500.00) or imprisonment not to exceed
ninety (90) days, or both such fine and imprisonment. Each day any
violation of this Chapter shall continue shall constitute a separate
offense, unless otherwise provided.
