When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet, and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least twenty-five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes, and which has annual gross receipts of at least
one hundred thousand dollars ($100,000.00) of which at least fifty
thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume, except for non-intoxicating beer
as defined herein. All beverages having an alcoholic content of less
than one-half of one percent (0.5%) by volume shall be exempt from
the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
NON-INTOXICATING BEER
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.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
RESTAURANT BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
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. 600.000, 8-10-2021]
A. It
shall be unlawful for any person operating any premises where food,
beverages or entertainment are sold or provided for compensation,
who does not possess a license for the sale of intoxicating liquor,
to permit the drinking or consumption of intoxicating liquor in, on
or about the premises.
B. Application
for such license shall be made to the City Clerk on forms to be prescribed
by him/her, describing the premises to be licensed and giving all
other reasonable information required by the form. The license shall
be issued upon the payment of the fee required in this Section. A
license shall be required for each separate premises and shall expire
on the thirty-first (31st) day of December next succeeding the date
of such license. Applications for renewals of licenses shall be filed
on or before the first (1st) of January of each year.
C. The
drinking or consumption of intoxicating liquor shall not be permitted
in, upon or about the licensed premises by any person under twenty-one
(21) years of age or by any other person between the hours of 1:30
A.M. and 6:00 A.M. on any weekday and on Sunday, unless a Sunday license
is obtained. Licenses issued hereunder shall be conditioned upon the
observance of the provisions of this Section and the regulations promulgated
thereunder governing the conduct of premises licensed for the sale
of intoxicating liquor by the drink. The provision of this Section
regulating the drinking or consumption of intoxicating liquor between
certain hours and on Sunday shall apply also to premises licensed
under this Chapter to sell intoxicating liquor by the drink.
D. Any
person operating any premises, or any employee, agent, representative,
partner or associate of such person, who shall knowingly violate any
of the provisions of this Section, or any of the laws or regulations
herein made applicable to the conduct of such premises, is guilty
of a misdemeanor.
E. 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.
F. All other Sections and Subsections of Chapter
600, aside from those mentioned above, shall remain unchanged except for as described below.
[Ord. No. 13-006 §1, 10-8-2013]
A. No person shall sell or offer for sale intoxicating beer in the City
of Sparta 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 or non-intoxicating beer.
1.
Package liquor — malt liquor only: sales
of malt liquor at retail in the original package not for consumption
on the premises where sold.
2.
Package liquor — non-intoxicating beer: sales of non-intoxicating beer at retail in the original package
not for consumption on the premises where sold.
3.
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) and
(2) of this Section.
4.
Liquor by the drink — malt liquor and light wines
only: sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including as set forth in Subsection
(B)(1) and
(5) of this Section.
5.
Malt liquor by the drink: sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section
600.010 of this Chapter.
6.
Liquor by the drink — non-intoxicating beer: sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection
(B)(2) of this Section.
C. Sunday Sales. Any person who is licensed under the
provisions of this Chapter or who otherwise possesses the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor or non-intoxicating beer on Sundays
between the hours of 9:00 A.M. and 12:00 Midnight:
1.
Package liquor — all kinds: sales of
liquor at retail in the original package not for consumption on the
premises where sold.
2.
Liquor by the drink: sales of malt liquor and
light wines by the drink at retail for consumption on the premises
where sold.
The Board shall consider the location of the proposed business
for which a license is sought with respect to its proximity to a school,
a church, or other buildings regularly used as a place of religious
worship and shall have authority to refuse to issue a license when
in their judgment the issuance thereof would not be in the best interests
of the locality in which the applicant applies for a location of such
place. In no event shall the Board approve the issuance of a license
for the sale of liquor within three hundred (300) feet of any school,
church or other building regularly used as a place of worship; except
that when a school, church or place of worship shall thereafter be
established within three hundred (300) feet of any place of business
licensed to sell intoxicating liquor, 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.
[Ord. No. 416, 11-15-2005]
A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, 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 or non-intoxicating beer.
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 or
non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating
beer 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. 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 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 or non-intoxicating
beer.
B. Sales To Minor — Exceptions. 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, Non-Intoxicating Beer. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession or possession by consumption any intoxicating liquor or non-intoxicating beer as defined in Section
600.010 is in violation of this Section and commits the offense of minor in possession of intoxicating liquor.
E. For
purposes of prosecution under this Section, a manufacturer-sealed
container describing that there is intoxicating liquor or non-intoxicating
beer therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor or non-intoxicating beer
in such container. The alleged violator may allege that there was
no intoxicating liquor or non-intoxicating beer 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 non-intoxicating beer therein contains
intoxicating liquor or non-intoxicating beer.
[CC 1982 §50.220]
In case of revocation or forfeiture of any license granted and
issued under the provisions of this Chapter for cause or otherwise,
the City shall in no event return any part of the fee paid for such
license.