[Ord. No. 9338, § 1, 10-2-2003[1]]
(a)
Any person now or hereafter holding any appropriate license for Sunday
sales may sell, give away, or otherwise dispose of or permit the sale
or disposition on or about that person's premises of intoxicating
liquor between the hours of 9:00 a.m. and 12:00 midnight on Sunday.
(b)
When January 1, March 17, July 4, or December 31 falls on Sunday,
and on the Sundays immediately prior to Memorial Day and Labor Day
and on the Sunday on which the 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 that person's 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 section or any other provision of law to the
contrary.
Intoxicating liquor purchased in the original package shall
not be consumed or permitted to be consumed upon any premises where
intoxicating liquor is authorized to be sold, nor shall such packages
be opened on the premises where purchased.
[1]
Editor's Note: Ord. No. 6259, § 12, adopted 3-23-1978,
repealed former § 3-88, which section provided that licensees
authorized to sell malt liquor at retail by the drink for on-premises
consumption shall not sell intoxicating liquors other than malt liquor.
Said section was derived from Gen. Ords. 1959, § 44.18.
[Ord. No. 9338, § 1, 10-2-2003[1]]
No person having a license issued pursuant to this division,
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 weekdays and between the hours
of 1:30 a.m. Sunday and 6:00 a.m. Monday, upon or about his or her
premises. If the person has a license to sell intoxicating liquor
by the drink, his or her premises shall be and remain a closed place
as defined in this section between the hours of 1:30 a.m. and 6:00
a.m. on weekdays and between the hours of 1:30 a.m. Sunday and 6:00
a.m. Monday. 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 room only, then
the licensee shall keep securely locked during the hours and on the
days specified in this section all refrigerators, cabinets, cases,
boxes, and taps from which intoxicating liquor is dispensed. A "closed
place" is defined to mean a place where all doors are locked and where
no patrons are in the place or about the premises. Any person violating
any provision of this section shall be deemed guilty of an ordinance
violation. 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.
The holder of a license issued pursuant to this article authorizing
the sale of any liquor at retail by the drink shall not keep or secrete,
or allow any other person to keep or secrete, in or upon the premises
described in the license, any intoxicating liquor other than the kind
of liquor expressly authorized to be sold by the licensee.
No person, agent, or employee of any person in any capacity
shall sell intoxicating liquor or malt liquor in any other place than
that designated in a liquor license issued pursuant to this article
or in the license of his employer, or at any other time or otherwise
than is authorized by this article, nor elsewhere than on the first
or ground floor of the place or building designated in the license,
nor in any building or room where there are blinds, screens, curtains,
or any other thing or object so placed in the building or room that
it does obstruct or obscure from public view any portion of the interior
of such room where intoxicating liquor or malt liquor is sold, delivered
or drunk.
[Ord. No. 9669, § 2, 4-5-2007[1]]
(a)
Any licensee
under this division, or his or her employee, who shall sell, vend,
give away or otherwise supply any intoxicating liquor in any quantity
whatsoever to any person under the age of 21 years, or to any person
intoxicated or appearing to be in a state of intoxication, or to a
habitual drunkard, and any person whomsoever except his or her parent
or guardian who shall procure for, sell, give away or otherwise supply
intoxicating liquor to any person under the age of 21 years, or to
any intoxicated person or any person appearing to be in a state of
intoxication, or to a habitual drunkard, shall be deemed guilty of
an ordinance violation, except that this section shall not apply to
the supplying of intoxicating liquor to a person under the age of
21 years for medical purposes only, or to the administering of such
intoxicating liquor to any person by a duly licensed physician. No
person shall be denied a license or renewal of a license issued under
this division solely due to a conviction for unlawful sale or supply
to a minor when serving in the capacity as an employee of a licensed
establishment.
(b)
Any owner,
occupant, or other person or legal entity with a lawful right to the
exclusive use and enjoyment of any property who knowingly allows a
person under the age of 21 to drink or possess intoxicating liquor
or knowingly fails to stop a person under the age of 21 from drinking
or possessing intoxicating liquor on such property, unless such person
allowing the person under the age of 21 to drink or possess intoxicating
liquor is his or her parent or guardian, is guilty of an ordinance
violation.
(c)
It shall
be a defense to prosecution under this section if:
(1)
The
defendant is a licensed retailer, club, drinking establishment, or
caterer or holds a temporary permit, or an employee thereof;
(2)
The
defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was 21 or more years of age; and
(3)
To
purchase the intoxicating liquor, the person exhibited to the defendant
a driver's license, Missouri nondriver's identification card, or other
official or apparently official document, containing a photograph
of the minor and purporting to establish that such minor was 21 years
of age and of the legal age for consumption of intoxicating liquor.
[Gen. Ords. 1959, §§ 44.24, 44.243; Ord. No. 4549, § 1, 11-21-1959; Ord. No. 6259, § 17, 3-23-1978; Ord. No. 8795, § 1, 2-18-1999[1]]
(b)
In any
place of business licensed in accordance with Division 2 of this article,
persons at least 18 years of age may stock, arrange displays, operate
the cash register or scanner connected to a cash register and accept
payment for, and sack for carryout, intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of 21 years. Any licensee who
employs any person under the age of 21 years, as authorized by this
subsection, shall, when at least 50% of the licensee's gross sales
does not consist of nonalcoholic sales, have an employee 21 years
of age or older on the licensed premises during all hours of operation.
(c)
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 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. Any wholesaler licensed
pursuant to this article may employ persons of at least 18 years of
age to rotate, stock and arrange displays at retail establishments
licensed to sell intoxicating liquor.
(d)
Persons
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 50% of all sales in those places consists of food; provided
that nothing in this section shall authorize persons under 21 years
of age to mix or serve across the bar intoxicating beverages.
No person licensed pursuant to this article shall use or permit
to be used upon his licensed premises any self-service, coin-operated,
mechanical devices for the purpose of selling or dispensing intoxicating
liquor or malt liquor or nonintoxicating beer.
[1]
Editor's Note: Former Art. III, Nonintoxicating Beer, consisting of Divisions 1 through 3, §§ 3-116 through 3-171, which immediately followed these sections, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Said former Art. III was derived from Gen. Ords. 1959 and had been previously amended by Ord. Nos. 6115, 6259, 8502, 9938, and 10340.
