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. 21-09.06, 12-21-2021]
A.
No person shall sell or offer for sale intoxicating liquor in the
City of Marceline 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 sales
from 6:00 A.M. on Sundays to 1:30 A.M. on Mondays.
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.
3.
Liquor By The Drink — Malt Liquor/Light Wine Only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section. In addition, sales of retailer-packaged alcoholic beverages are permitted pursuant to Section 311.202, RSMo.
4.
Malt Liquor By The Drink. Sales of malt liquor at retail by
the drink for consumption on the premises. This license may include
Sunday sales from 6:00 A.M. on Sundays to 1:30 A.M. on Mondays. In
addition, sales of retailer-packaged alcoholic beverages are permitted
pursuant to Section 311.202, RSMo.
5.
Liquor By The Drink — All Kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section. In addition, sales of retailer-packaged alcoholic beverages are permitted pursuant to Section 311.202, RSMo.
6.
Other State Authorized Licenses. Other licenses authorized by the
State for the sale of alcoholic beverages.
C.
Sunday Sales. Except for any establishment that may apply for a license
under Section 311.089, RSMo., 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 to 1:30 A.M. on Mondays.
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.
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,
and conducting wine, malt beverage and distilled spirit tastings,
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.
[Ord. No. 21-09.06, 12-21-2021]
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 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, including Sunday if otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on any day of the week. Where such 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 herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
[Ord. No. 21-09.06, 12-21-2021]
2.
When January 1, March 17, July 4 or December 31 falls on Sunday,
and on the Sundays prior to Memorial Day and Labor Day and on the
Sunday on which the national championship game of the National Football
League is played, commonly known as "Super Bowl Sunday," any person
having a license to sell intoxicating liquor by the drink may be open
for business and sell intoxicating liquor by the drink under the provisions
of his/her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of this Chapter to the contrary.
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 City Council.
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.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the City Council, except that when a school, church
or place of worship shall hereafter 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. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
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: $25.00.
b.
Intoxicating liquor (all kinds) — original package: $50.00.
c.
Malt liquor — by drink: $20.00.
d.
Malt liquor and light wines — by drink: $75.00.
e.
Intoxicating liquor (all kinds) — by drink: $450.00.
f.
Wholesalers or wholesale agents — intoxicating liquor
(all kinds): $100.00.
g.
Wholesalers or wholesale agents — malt liquor: $75.00.
h.
Other licenses permitted by State law — fee is the same as
the State fee.
[Ord. No. 21-09.06, 12-21-2021]
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.
[R.O. 2003 § 600.110; Ord. No.
18.104 § 12, 4-16-1973]
In case any license issued under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period, after the effective beginning
date of such license, no refund of any license charge or part thereof
shall be made.
A.
Filing And Approval Of An Application.
1.
Each application for a license shall be filed with the City Clerk
on a form to be provided by the City, signed and sworn to by the applicant.
Said forms shall provide for and said applications shall contain spaces
for:
a.
A designation of the kind of license desired.
b.
A description of the premises to which said license is to apply and
the location or address thereof.
c.
The name, place of residence, and mailing address of the person for
whom a license is sought.
d.
The dates and places of all revocations of liquor and non-intoxicating
beer licenses and all convictions of any law applicable to the manufacture
or sale of intoxicating liquor or non-intoxicating liquor since the
ratification of the 21st Amendment to the Constitution of the United
States, if any.
e.
The term of the licenses.
f.
The notarized signature of the applicant.
g.
The business engaged in by the applicant.
2.
Each application shall be accompanied by the amount of the license
fee for the license(s) applied for, made payable to the City of Marceline
via cash, check, and/or cashier's check.
[Ord. No. 23-07.08, 7-12-2023]
3.
The date of filing the application shall be noted thereon by the
Clerk, and the application shall be presented at the first regular
meeting of the City Council thereafter, or at any special meeting
of said Council called for the purpose of considering such application,
unless the application is for the renewal of a license in which case
the City Clerk may approve a renewal license application for a license
application made within twelve (12) months of the expiration date
of the applicant's most recent license. The City Clerk, for businesses/organizations
that currently hold an applicable State liquor license, may also approve
temporary permit applications for annual events, and temporary caterer's
permits.
[Ord. No. 23-07.08, 7-12-2023; Ord. No. 23-09.11, 9-13-2023]
4.
Upon approval of an application, the Clerk will issue the applicant
a license to conduct business in the City for a term to expire on
June 30 after the date of such license, unless the license is revoked
or suspended before the expiration of such term.
[Ord. No. 23-07.08, 7-12-2023]
A.
Notwithstanding
any provision of law 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, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamperproof 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 Subsection,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section 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 alcoholic beverages; and
7.
For purposes of this Subsection, "tamperproof" means that a lid,
cap, or seal visibly demonstrates when a bag or container has been
opened.
B.
Containers that are filled under Subsection (A) of this Section 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 shall be in compliance with
Section 3-304.17(c) of the 2009 Food and Drug Administration Food
Code.
D.
No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, 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 to any person who is licensed to sell intoxicating liquor at retail.
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.
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.
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 as defined in Section 600.010, is in violation of this Section. For purposes of prosecution under this Section, 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 or any therein contains intoxicating liquor or non-intoxicating beer.
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 unless otherwise
provided by ordinance or authorized by permit issued by the City.
[Ord. No. 19-10.11, 10-22-2019]
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.
H.
Live Entertainment On Premises Prohibited. No person licensed for
the sale of intoxicating liquor by the drink for consumption on the
premises shall permit or allow any live entertainment on the premises.
The playing and singing of music solely shall not be considered entertainment
under this Section.
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.
Suspension Or Revocation Of License — When — Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the City Council or a hearing officer not less than ten (10) days prior to the effective date of revocation or suspension. Prior to the hearing the Clerk shall give not less than ten (10) days' written notice to the licensee specifying 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, United States mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.100 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 City Council.
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 City Council 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 City Council's order
of suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the City Council shall
be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued by the City
Council 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 City Council
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 600.090 of this Chapter, the City Council 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
City Council 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 City Council's decision. The City Council
may delay the implementation of its order pending appeal.
[R.O. 2003 § 600.120; Ord. No.
18.104 § 18, 4-16-1973]
Upon conviction of any person under the provisions of this Chapter,
it shall be the duty of the City Clerk to certify such conviction
to the City Council at the first meeting of said Council after such
conviction.
[R.O. 2003 § 600.130]
Any person violating any of the provisions of this Chapter shall
upon conviction be punished by a fine and court costs not to exceed
the following amounts in total:
