[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whose license as a liquor dealer has been revoked, or who has been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license has been revoked or who has been convicted of violating the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]
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 5% by weight by the drink.
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.
[Ord. No. 8940, § 1, 8-17-2000[1]]
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:
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Sales any day except Sunday
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Sunday sales, additional fee
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(b)
Intoxicating liquor, retail sales in the original package, not to
be consumed on the premises where sold:
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Sales any day except Sunday
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Sunday sales, additional fee
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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
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(c)
Intoxicating
liquor by the drink for malt liquor, wine, or other intoxicating liquor
served at a properly licensed craft brewery, winery, or distillery.
[Ord. No. 10806, 5-4-2023[2]]
[2]
Editor's Note: Ord. No. 10806 also relettered former Subsections
(c) through (i) to (d) through (j), which immediately follow.
(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 5% by weight by the drink:
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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 5% 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.
The license required by this division shall be in addition to
and independent of any other licenses required by the City.
[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]
(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.
(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.
