[Ord. No. 8230, 7-15-1993]
No person shall sell or expose for sale in this City, either at wholesale or retail, intoxicating liquor or malt liquor without having first obtained an appropriate license from the City as provided herein.
[Gen. Ords. 1959, §§ 44.09, 44.14; Ord. No. 6259, § 4, 3-23-1978]
A separate liquor license shall be required for each place of business. No person shall directly or indirectly have an interest in more than three licenses.
[Gen. Ords. 1959, § 44.08(a); Ord. No. 9338, § 1, 10-2-2003]
An application for a liquor license required by this division shall be filed with the Director of Finance on forms furnished by the Director of Finance and signed and sworn to by the applicant.
[Gen. Ords. 1959, § 44.10; Ord. No. 8873, § 1, 11-18-1999]
No natural person shall be granted a liquor license unless such person is of good moral character. No corporation shall be granted a liquor license unless the managing officer of the corporation is of good moral character. No person shall be granted a liquor license whose license as a liquor dealer has been revoked, or who has been convicted since the ratification of the 21st Amendment to the Constitution of the United States of a violation of the provisions of any law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of intoxicating liquor, or who employs in his business, as a liquor dealer or licensee, any person whose license has been revoked or who has been convicted of violating the provision of any such law since the date established.
[Ord. No. 9528, § 1, 9-1-2005[1]]
No license shall be granted for the sale, either at wholesale or retail, of intoxicating liquor or malt liquor, as defined in this chapter, within 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 of the City Council, and such consent shall not be granted until at least 10 days' written notice has been provided to all owners of property within 100 feet of the proposed licensed premises. This section shall not apply when a school, church or place of worship shall hereafter be established within 100 feet of any place of business licensed to sell, either at wholesale or retail, intoxicating liquor or malt liquor; no license shall be denied, revoked, or fail to be renewed for this reason, and this section shall not apply to a holder of a license issued pursuant to Section 311.090, 311.218, or 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. To retain a license under this section, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than 90 days.
[1]
Editor's Note: Former § 3-56, which prohibited issuance of a liquor license authorizing the sale of both malt liquor and any other intoxicating liquor for consumption on the premises at the same place, was repealed 3-23-1978 by Ord. No. 6259, § 6. Said section was derived from Gen. Ords. 1959, § 44.18.
[1]
Editor's Note: Former § 3-57, requiring a surety bond with the application for a license to sell intoxicating liquor or malt liquor, and derived from Gen. Ords. 1959, § 44.08(a), (b); and Ord. No. 6259, § 7, adopted 3-23-1978, was repealed by Ord. No. 7259, adopted 10-4-1984.
(a)
Licenses issued pursuant to the provisions of this article to persons not engaged in the sale of gasoline at the licensed premises shall be subject to this subsection. No licenses required for the retail sale of intoxicating liquor in the original package or for the retail sale of malt liquor in the original package shall be issued except to a person engaged in, and to be used in connection with the operation of, one 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 store premises a stock of goods having a value, according to invoices, of at least $1,000, exclusive of fixtures and intoxicating liquor.
(b)
Licenses issued pursuant to provisions of this article to persons engaged in the sale of gasoline at the licensed premises shall be subject to this subsection. No license for the retail sale of intoxicating liquor in the original package shall be issued for such premises. Licenses for the retail sale of malt liquor in the original package may be issued for such premises, provided that in connection with the sale of gasoline there is operated a retail store engaged in one or more of the following businesses: a drugstore, a grocery store, a general merchandise store, a confectionery or delicatessen store; and provided that there is maintained at such store premises a stock of goods for sale having a value, according to invoices, of at least $1,000, exclusive of fixtures, tobacco products, malt liquor and gasoline.
[Ord. No. 10806, 5-4-2023; Ord. No. 10897, 4-17-2025]
No person, other than a "restaurant or food store" or "craft brewery, winery, or distillery," shall be granted a license as provided in this Division for the sale of intoxicating liquor by the drink; malt liquor by the drink; or wine containing not in excess of 14% alcohol by weight and malt liquor containing alcohol not in excess of 8% by weight by the drink. Said requirement for food service shall not prohibit a retail establishment from obtaining a license for malt liquor by the drink, or wine containing not in excess of 14% alcohol by weight and malt liquor containing alcohol not in excess of 8% by weight by the drink when said alcohol sales is incidental and subordinate to the principal retail use. Said incidental alcohol sales by the drink shall account for less than 50% of the business's gross income and, notwithstanding any other provision of this Chapter, said incidental alcohol sales by the drink shall not occur between the hours of 9:00 P.M. and 10:00 A.M.
The Council may require the applicant for a liquor license to sell intoxicating liquor at retail to secure the written consent of the majority of resident property owners within 400 feet of the property line of the applicant's place of business before granting the license.
The following licenses for the sales indicated shall be issued pursuant to the provisions of this division at an annual fee set by the Council by resolution from time to time:
(a)
Intoxicating liquor by the drink:
Sales any day except Sunday | ||
|---|---|---|
Sunday sales, additional fee |
(b)
Intoxicating liquor, retail sales in the original package, not to be consumed on the premises where sold:
Sales any day except Sunday | ||
|---|---|---|
Sunday sales, additional fee | ||
Establishments licensed to sell intoxicating liquor in the original package may apply for and obtain a license to conduct wine tastings on the premises of the licensed establishment for an additional fee |
(c)
Intoxicating liquor by the drink for malt liquor, wine, or other intoxicating liquor served at a properly licensed craft brewery, winery, or distillery.
(d)
Malt liquor by the drink.
(e)
Malt liquor, retail sales in the original package, not to be consumed on the premises where sold.
(f)
Malt liquor and/or wine by the drink, daily permit issued only to churches, schools, civic, service, fraternal, veteran, political or charitable clubs or organizations for such sales at a picnic, bazaar, fair or similar gathering. (Such permit shall be issued only for specific days named therein. No such organization may obtain permits for more than seven days per year, which year shall commence on the first day any such permit is issued to any such club or organization.)
(g)
Wine containing not in excess of 14% alcohol by weight and malt liquor containing alcohol not in excess of 8% by weight by the drink:
Sales any day except Sunday | ||
|---|---|---|
Sunday sales, additional fee |
(h)
Wholesaler or distributor of intoxicating liquor of all kinds to a person duly licensed to resale such intoxicating liquor.
(i)
Wholesaler or distributor of intoxicating liquor not in excess of 22% alcohol by weight to a person duly licensed to resale such intoxicating liquor.
(j)
Wholesaler or distributor of malt liquor containing not in excess of 8% alcohol by weight.
All fees collected by the Director of Finance pursuant to the provisions of this article shall be accounted for and paid into the City Treasury as other funds collected by the Director of Finance are accounted for and paid.
The annual liquor license fees charged under this division shall be in lieu of the proportionate part of any merchant's license fee and ad valorem tax for stock and sale of intoxicating liquors under other provisions of this Code, and the value of stocks of intoxicating liquors and the aggregate amount of sales thereof made by any licensee under this division shall not be returned by the licensee for the purposes of merchant's license or ad valorem tax, nor shall such stock or sales be included in the computation of any merchant's license or ad valorem tax.
[Gen. Ords. 1959, § 44.09(a); Ord. No. 6375, § 1, 1-18-1979; Ord. No. 7070, § 1, 7-21-1983; Ord. No. 7274, § 1, 11-15-1984; Ord. No. 9071, § 1, 9-6-2001; Ord. No. 9338, § 1, 10-2-2003]
Upon receipt by the Director of Finance of an application for an original license pursuant to this division, or upon receipt of an application for the renewal of such license pursuant to this division, such application shall be processed as follows:
(a)
The Director of Finance shall review the application to determine that it is complete and accompanied by the appropriate fee for the license sought. The Director of Finance shall also determine whether the applicant has any outstanding financial obligation to the City. If such application is deficient or if the applicant has any unsatisfied financial obligations to the City, such application shall be returned to the applicant with the deficiencies or the obligations noted thereon. When the application is complete and all outstanding obligations, if any, to the City satisfied, the application shall be transmitted to the Chief Administrative Officer.
(b)
Upon receipt of the application, the Director of Finance shall promptly notify the Chief of Police and the Building Commissioner of the pending application.
(c)
The Chief of Police shall promptly notify the Chief Administrative Officer if the applicant as known by the Chief of Police is in violation of any of the provisions of this chapter, any state statutes, or any other reason such applicant is not eligible for such license.
(d)
The Building Commissioner shall promptly notify the Chief Administrative Officer if there are any known deficiencies in the premises for which the license is sought under any applicable City ordinances.
(e)
Upon receipt of all reports provided for above, application for original licenses shall be transmitted to the City Council for its consideration. Such license shall be issued by the Council, provided:
(1)
The Chief of Police sets forth no reasons which prohibit such license be issued under law;
(2)
The Chief Administrative Officer is satisfied that the issuance of such license conforms to all applicable City ordinances; and
(3)
The maximum number of licenses for such category has not been met as provided by this article.
(f)
Upon receipt of all reports provided for above, the application for renewal of existing licenses shall be considered by the Chief Administrative Officer who shall issue such renewal license on behalf of the City, provided:
(g)
The Chief Administrative Officer is authorized to extend the term of any existing license pending consideration of an application for renewal in increments of time, from time to time, up to 120 days from the date such license would have expired in the event it is believed by the Chief Administrative Officer that the reasons for not granting the renewal of such license can be resolved within such time. No license may be extended beyond 120 days without action of the City Council.
(h)
In the discretion of the Chief Administrative Officer, any application for the renewal of an existing license may be transmitted to the City Council by the Chief Administrative Officer for determination by the City Council whether such license should be issued or such renewal granted consistent with the ordinances of the City.
(i)
In the event the Chief Administrative Officer shall determine not to renew any license, such determination, the reasons therefor, and notice of appeal rights shall be set forth in writing and delivered by certified United States mail to the applicant, and a copy thereof submitted to the City Council. Any applicant may appeal such decision to the City Council by giving notice of such intent in writing and delivering such notice to the Chief Administrative Officer within 30 days of the date of such notice. In the event of an appeal, such license shall remain in effect until final action is taken thereon by the City Council.
(j)
With respect to any application that comes before the City Council for determination by it, the City Council may, but need not, conduct a public hearing with respect to any application for a new license. The City Council shall conduct a hearing with respect to any appeals it receives from a determination by the Chief Administrative Officer not to renew an existing license. The applicant may be represented by counsel at such hearing. At such hearing, the Chief Administrative Officer with the assistance of the City Attorney shall put before the Council such evidence as the Chief Administrative Officer believes is relevant to the determination not to renew the license. The applicant may then put on such evidence before the City Council as the applicant believes supports the granting of such renewal. All witnesses who testify with respect to the pending application shall be sworn under oath by the Mayor, and the proceedings shall be recorded by a qualified court reporter. Formal rules of evidence shall not apply.
[Gen. Ords. 1959, § 44.09(b)]
Each liquor license issued pursuant to this division shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and the license shall not authorize or permit the sale of intoxicating liquor at any place other than that described therein.
[Gen. Ords. 1959, § 44.05; Ord. No. 4745, § 4, 1-11-1962; Ord. No. 6259, § 10, 3-23-1978; Ord. No. 7034, § 1, 4-21-1983; Ord. No. 9338, § 1, 10-2-2003; Ord. No. 10897, 4-17-2025]
(a)
Original package sales. Except as provided in this section, no license shall be granted by the City after the first day of January 1983 for the retail sale of intoxicating liquor in the original package in excess of one such license for each 2,000 inhabitants of the City, as established by the most recent United States decennial census. It is further provided that after the effective date of Ordinance No. 7034, the total of licenses issued for retail sale of intoxicating liquor in the original package and for retail sale of malt liquor in the original package together shall not exceed one for each 1,500 inhabitants of the City, as established by the most recent United States decennial census. Except as provided in Subsection (e) of this section, no licenses shall be issued in excess of such limitation.
(b)
Sales of malt liquor by the drink. Except as provided, no license required by this Division shall be granted after the second day of January 1962 by the City for the sale of malt liquor at retail by the drink in excess of one such license for each 3,000 inhabitants of the City, as established by the last United States decennial census. Said restriction shall not apply to retail businesses that obtain a license for incidental alcohol sales by the drink.
(c)
Restaurant licenses not to be counted in determining limitations. Any licenses issued to a restaurant shall not be counted in determining the number of licenses which have been issued pursuant to this division.
(d)
In determining the number of licenses which may be issued pursuant to the provisions of Subsections (a) and (b) of this section, only such number of licenses shall be issued as shall be determined by dividing the total number of inhabitants of the City, as established by the last United States decennial census at the time such determination is made, by the number of inhabitants of the City as required in those subsections, and using the whole number quotient obtained by said division without regard to fractions or portions in excess thereof.
(e)
Nothing contained in this section shall deny the right of the Director of Finance to renew licenses existing on the first day of January 1962 or deny the right of the Director of Finance to issue a new license to any purchaser of any retail liquor establishment licensed at the time of the purchase if the purchaser is otherwise qualified and eligible to become a licensee for a retail license of any class, notwithstanding that the number of such licensed places exceeds the limitation prescribed in this section.
[Gen. Ords. 1959, § 44.15]
Liquor licenses shall at all times be prominently displayed in the room in which the licensed business is conducted, and it shall be unlawful for any liquor licensee to carry on or conduct any licensed liquor business without keeping his license within plain view in his place of business.
[Gen. Ords. 1959, § 44.16[1]]
No liquor license is transferable or assignable except as herein provided.
(a)
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 division, may make application and the Supervisor of Liquor Control 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..
(b)
Whenever one or more members of a partnership withdraws from the partnership, the Supervisor of Liquor Control, 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.
[1]
Editor's Note: Former § 3-70, Revocation, of the 1971 Code, derived from Gen. Ords. 1959, § 44.26; Ord. No. 4745, 1-11-1962, was repealed 6-2-2016 by Ord. No. 10340.
[Ord. No. 8230, 7-15-1993]
Wholesalers of intoxicating liquor or nonintoxicating beer or their agent, servant, officers or employees shall not, under any circumstances, directly or indirectly sell any intoxicating liquor or nonintoxicating beer to any person not properly licensed for the resale of such intoxicating liquor or nonintoxicating beer.
[Ord. No. 8230, 7-15-1993]
Wholesalers or their agents, servants, officers or employees shall not, under any circumstances, directly or indirectly have any financial interest in the retail business for sale of intoxicating liquors, and shall not directly or indirectly loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit for liquors sold to such retail dealers. Any wholesaler who shall violate the provisions of this section or permit their employees, officers or agents to do so shall be subject to the provisions established under § 1-8 of the Kirkwood Code of Ordinances.