City of Kirkwood, MO ARTICLE I In General

§ 3-1 Temporary sale of intoxicating liquor by not-for-profit organizations. [1]

[Ord. No. 10532, 11-15-2018]

(a) Notwithstanding any other provision of this chapter, a permit for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package, at retail by the drink for consumption on the premises of the licensee may be issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair, or similar gathering. The permit shall be issued only for the day or days named therein, and it shall not authorize the sale of intoxicating liquor for more than seven days by any such club or organization.

(b) To secure the permit, the applicant shall complete a form provided by the Director of Finance.

(c) If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 a.m.

(d) At the same time that an applicant applies for a permit under the provisions of this section, the applicant shall obtain all necessary permits from the appropriate governmental entities.

(e) 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.

[1] Editor's Note: Former § 3-1, Temporary sale of wine and prepared foods by not-for-profit organizations, Ord. No. 7038, § 1, 5-5-1983, was repealed 6-7-2018 by Ord. No. 10492.

§ 3-2 Certain acts prohibited in premises licensed to sell at retail intoxicating liquor, wine or beer.

[Ord. No. 10340, 6-2-2016]

(a) It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, wine or beer, or his/her employees to permit in, upon or about the licensed premises:

(1) The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

(2) The displaying of any portion of the areola of the female breast or failure to cover the entire areola and front of the breast with opaque clothing;

(3) The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;

(4) The actual or simulated displaying of the pubic hair, anus, vulva or genitals or failure to cover pubic hair, anus, vulva or genitals with opaque clothing;

(5) Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus or fails at any time to have and keep opaque clothing over all parts of his/her genitals and anus; and

(6) The displaying of films, video or DVD programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by any other law.

(b) Additional unlawful acts for any retail licensee, licensed to sell intoxicating liquor, wine or beer, or his/her employees:

(1) At no time, under any circumstances, shall any licensee or his/her employees immediately fail to prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the licensed premises, nor shall any licensee or his/her employees allow any indecent, profane or obscene language, song, entertainment, literature or advertising material upon the licensed premises.

(2) In the event that a licensee or his/her employees know or should have known that an illegal or violent act has been committed on or about the licensed premises, they immediately shall report the occurrence to the law enforcement authorities and shall cooperate with law enforcement authorities and agents of the Division of Liquor Control during the course of any investigation into an occurrence.

(c) In addition to the licensee and/or his/her employees being subject to all penalties contained in § 1-8 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.

§ 3-3 License suspension or revocation.

[Ord. No. 10340, 6-2-2016]

(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 Council not less than 10 days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than 10 days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with § 3-4 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, Chapters 311 or 312, RSMo., the Code of State Regulations applicable to the conduct of licensees, or any ordinance of the City;

(2) Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;

(3) Making a false affidavit in an application for a license under this chapter;

(4) Failing to keep an orderly place or house;

(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;

(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 21 years;

b. Any person during unauthorized hours on the licensed premises;

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 Chapter 311 or Chapter 312, RSMo., or of any felony violation of Chapter 195, 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 or nonintoxicating beer 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.

(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. For contested cases, provided such appeal is filed within 10 days of the date of the City Council's decision, the Council may delay the implementation of its order pending appeal.

§ 3-4 Hearing upon suspension or revocation of license.

[Ord. No. 10340, 6-2-2016]

(a) Testimony; evidence. The licensee shall be given reasonable notice of hearing and the grounds upon which discipline will be considered. 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 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 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 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. Witnesses shall be subject to direct and cross-examination by an attorney representing the licensee as well as attorneys representing other interested parties.

(d) Decision on suspension or revocation. If the evidence supports a finding that the license should be revoked or suspended, the 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. For contested cases, provided such appeal is filed within 10 days of the date of the Council's decision, the Council may delay the implementation of its order pending appeal.

§ 3-5 through § 3-30. (Reserved)