Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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. 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.
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.
As defined by Section 311.490, RSMo.
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, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
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.
A.
No person shall sell or offer for sale intoxicating liquor
in the City of Kimberling City 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:
1.
Package Liquor — Malt Liquor Only. Sales
of malt liquor at retail by grocers and other merchants and dealers
for sale in the original package direct to consumers but not for resale
and not for consumption on the premises where sold. This license may
include Sunday sales from 9:00 A.M. to 12:00 Midnight.
2.
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) of this Section.
4.
Malt Liquor By The Drink. Sales of malt liquor
at retail by the drink for consumption on the premises. This license
may include Sunday sales from 9:00 A.M. to 12:00 Midnight.
C.
Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and 12:00 Midnight on Sundays.
D.
Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3.
Tasting Permit — Winery, Distiller, Manufacturer,
Etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter
to the contrary, any winery, distiller, manufacturer, wholesaler,
or brewer or designated employee may provide, furnish, or pour distilled
spirits, wine, or malt beverage samples for customer tasting purposes
on any temporary licensed retail premises as described in Sections
311.218, 311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax-exempt
organization's licensed premises as described in Section 311.090,
RSMo.
c.
Any Winery, Distiller, Etc., May Provide Or Furnish
Distilled Spirits, Wine Or Malt Beverage Samples On A Licensed Retail
Premises — When.
(1)
Notwithstanding any other provisions
of this Chapter to the contrary, any winery, distiller, manufacturer,
wholesaler, or brewer or designated employee may provide or furnish
distilled spirits, wine or malt beverage samples on a licensed retail
premises for customer tasting purposes so long as the winery, distiller,
manufacturer, wholesaler, or brewer or designated employee has permission
from the person holding the retail license. The retail licensed premises
where such product tasting is provided shall maintain a special permit
in accordance with Section 311.294, RSMo., or hold a by the drink
for consumption on the premises where sold retail license. No money
or anything of value shall be given to the retailers for the privilege
or opportunity of conducting the on-the-premises product tasting.
(2)
Distilled spirits, wine, or malt
beverage samples may be dispensed by an employee of the retailer,
winery, distiller, manufacturer or brewer or by a sampling retained
by the retailer, winery, distiller, manufacturer or brewer. All sampling
service employees that provide and pour intoxicating liquor samples
on a licensed retail premises shall be required to complete a server
training program approved by the Division of Alcohol and Tobacco Control.
(3)
Any distilled spirits, wine, or
malt beverage sample provided by the retailer, winery, distiller,
manufacturer, wholesaler, or brewer remaining after the tasting shall
be returned to the retailer, winery, distiller, manufacturer, wholesaler,
or brewer.
A.
Package Sales, Limitations. No license shall be issued
for the sale of intoxicating liquor in the original package, not to
be consumed upon the premises where sold, except to a person engaged
in, and to be used in connection with, the operation of one (1) 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/her store a stock of goods having a value according to
invoices of at least one thousand dollars ($1,000.00), exclusive of
fixtures and intoxicating liquors. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
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 (7) days by any
such club or organization.
2.
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.
3.
At the same time that an applicant applies for
a permit under the provisions of this Subsection, the applicant shall
notify the Director of Revenue of the holding of the event by certified
mail and by such notification shall accept responsibility for the
collection and payment of any applicable sales tax.
4.
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.
5.
Every licensee shall keep displayed prominently at all times
on its licensed premises any City license designating the premises
as a place licensed by the City to sell intoxicating liquors. Nonetheless,
no application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. Within ten (10) days from the issuance
of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
C.
Operating Hours, Days.
1.
No person having a license issued pursuant to this Chapter 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. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on 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 herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
2.
When January 1, March 17, July 4 or December 31
falls on Sunday, and on the Sundays prior to Memorial Day and Labor
Day and on the Sunday on which the national 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 his/her 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 Chapter to the contrary.
E.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously
posted on the premises for which the license has been issued.
2.
A separate license shall be required for each
place of business. Every license issued under the provisions of this
Chapter shall particularly describe the premises at which intoxicating
liquor may be sold thereunder, and such license shall not be deemed
to authorize or permit the sale of intoxicating liquor at any place
other than that described therein.
3.
No license issued under this Chapter shall be
transferable or assignable except as herein provided. 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 Chapter, may make application and the Clerk 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. Whenever one (1) or more members of a partnership
withdraws from the partnership, the Clerk, 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.
4.
In the event any licensee desires to change the
location of his/her place of business in the City, it shall be necessary
for him/her to file an application in the same manner as herein provided
for an original application, except that no additional fee shall be
charged and the amended license, describing the new location, shall
be issued immediately upon the approval of the application by the
Board of Aldermen. Any change of location of the enterprise prior
to issuance of such an amended license shall constitute a violation
of this Section.
A.
No license shall be granted for the sale of intoxicating
liquor, as defined in this Chapter, within three hundred (300) 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 in writing of the Board of Aldermen, except that
when a school, church or place of worship shall hereafter be established
within three hundred (300) feet of any place of business licensed
to sell intoxicating liquor, the license shall not be denied for this
reason. Such consent shall not be granted until at least ten (10)
days' written notice has been provided to all owners of property within
three hundred (300) feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C.
Subsection (A) of this Section shall not apply 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 Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[R.O. 2012 § 600.020; Amend. #7, 1-9-1984; #9, 6-2-1986; #11, 4-4-1988; all
to Ord. No. 45; Ord. No. 139, 4-21-1992; Ord. No. 153, 7-6-1993; Ord. No. 178, 1-3-1995; Ord. No. 194, 10-17-1995; Ord. No. 206, 8-20-1996; Ord. No. 208A § 1, 3-4-1997; Ord. No. 278, 8-5-2003; Ord. No.
278, 8-5-2003; Ord. No. 303, 8-16-2005; Ord. No. 321, 4-1-2008; Ord. No. 324, 7-1-2008; Ord. No. 351, 9-21-2010]
A.
It shall be unlawful for any person to sell or expose for
sale in the City intoxicating liquor, as herein defined, in any quantity
without first obtaining a license therefore from the City. The license
which may be granted, the total number of said licenses and the annual
fees to be paid for each license shall be as follows:
1.
For the sale of all kinds of intoxicating liquor
by the drink for consumption on premises of the licensee, which license
shall include the sale of intoxicating liquor in the original package.
Number Allowed: 13
|
Fee: $450.00
|
2.
For the sale of all kinds of intoxicating liquor
in the original package not to be consumed on the premises where sold.
Nor shall any original package be opened on the premises.
Number Allowed: 6
|
Fee: $150.00
|
3.
For the sale in the original package of malt
liquor containing not in excess of five percent (5%) alcohol by weight,
not to be consumed on the premises where sold. This license also includes
sales between the hours of 9:00 A.M. and Midnight on Sunday.
Number Allowed: 3
|
Fee: $75.00
|
4.
For the sale of malt liquor at retail by drink
for consumption on the premises where sold. This license also includes
sales between the hours of 9:00 A.M. and Midnight on Sunday.
Number Allowed: 3
|
Fee: $75.00
|
5.
Any person or business possessing the qualification
required by Chapter 311, RSMo., and who now or hereafter meets the
requirements of and complies with the provisions of said Chapter 311,
RSMo., thereof and is licensed by the State of Missouri to sell intoxicating
liquor by the drink at retail for consumption on the premises of any
restaurant bar for the hours as set forth in Chapter 311, RSMo., on
Sunday, and any person possessing the qualifications and meeting the
requirements of this Chapter who is licensed to sell intoxicating
liquor in the original package at retail Chapter 311, RSMo., thereof
and is licensed by the State of Missouri to sell intoxicating liquor
for the hours as set forth in Chapter 311, RSMo., on Sunday may apply
for, and the Board of Aldermen may issue, a license to sell intoxicating
liquor as in this Chapter defined.
a.
Such applicant shall pay a fee of three hundred
dollars ($300.00) in addition to all other fees. Such fee shall be
payable at the same time and in the same manner as other license fees.
Number Allowed: 18
|
Fee: $300.00
|
6.
For the sale of malt liquor and light wines containing
not in excess of fourteen percent (14%) of alcohol by weight made
exclusively from grapes, berries and other fruits and vegetables,
at retail by the drink for consumption on the premises where sold.
Number Allowed: 2
|
Fee: $75.00
|
7.
If an applicant does not obtain a license from
the State of Missouri within one hundred twenty (120) days of submitting
the request for a license from the City, the application to the City
shall expire and the applicant must resubmit a new application with
the appropriate fees to the City. There shall be no refund of fees
to an applicant that does not obtain a license from the State of Missouri
within said one-hundred-twenty-day period.
8.
An applicant that has received approval for a
license from the City shall have one hundred twenty (120) days from
the date of approval to obtain a license from the State of Missouri
and if no license is obtained within said period, the applicant must
resubmit an application to the City with the appropriate fees.
B.
All such licenses shall be issued as of July of each year
and the license shall expire on the last day of June of the following
year. All license fees collected by the City shall be accounted for
and paid into the City Treasury. If the license is issued for less
than one (1) year, the fee shall be one-twelfth (1/12) of the annual
fee for each month, or fraction thereof, remaining in the licensed
year. No refunds for licenses purchased shall be made for any period,
except that credit for the unexpired terms of all presently issued
liquor licenses shall be allowed for all renewal liquor licenses issued
as of July 1, 1980.
A.
The City may issue a temporary permit to caterers and other
persons holding licenses to sell intoxicating liquor by the drink
at retail for consumption on the premises pursuant to the provisions
of this Chapter who furnish provisions and service for use at a particular
function, occasion or event at a particular location other than the
licensed premises, but not including a "festival" as defined in Chapter
316, RSMo. The temporary permit shall be effective for a period not
to exceed one hundred sixty-eight (168) consecutive hours, and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which alcoholic beverages may lawfully
be sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. For every permit issued pursuant to the
provisions of this Section, the permittee shall pay to the City an
amount as set out in Section 600.040(A)above,
or fraction thereof, for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C.
Notwithstanding any other law to the contrary, any caterer
who possesses a valid State and valid local liquor license may deliver
alcoholic beverages, in the course of his/her catering business. A
caterer who possesses a valid State and valid local liquor license
need not obtain a separate license for each City the caterer delivers
in, so long as such City permits any caterer to deliver alcoholic
beverages within the City.
D.
To assure and control product quality, wholesalers may,
but shall not be required to, give a retailer credit for intoxicating
liquor with an alcohol content of less than five percent (5%) by weight
delivered and invoiced under the catering permit number, but not used,
if the wholesaler removes the product within seventy-two (72) hours
of the expiration of the catering permit issued pursuant to this Section.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the state of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
A.
Any
person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a self-dispensing system, which
is monitored and controlled by the licensee and allows patrons of
the licensee to self-dispense beer or wine. Before a patron may dispense
beer or wine, an employee of the licensee must first authorize an
amount of beer or wine, not to exceed thirty-two (32) ounces of beer
or sixteen (16) ounces of wine per patron per authorization, to be
dispensed by the self-dispensing system.
B.
No
provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish self-dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of self-dispensing
systems.
A.
Any
person who is licensed to sell intoxicating liquor in the original
package at retail as provided in Subsection 1 of Section 311.200,
RSMo., may sell from thirty-two (32) to one hundred twenty-eight (128)
fluid ounces of draft beer to customers in containers filled by any
employee of the retailer on the premises for consumption off such
premises. Any employee of the licensee shall be at least twenty-one
(21) years of age to fill containers with draft beer.
B.
No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C.
Requirements
Regarding Containers.
1.
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: "This product may be unfiltered and unpasteurized.
Keep refrigerated at all times."
D.
Additional
Regulations.
1.
The filling and refilling of containers shall only occur on demand
by a customer and containers shall not be prefilled by the retailer
or its employee.
2.
Containers shall only be filled or refilled by an employee of the
retailer.
3.
Containers shall be filled or refilled as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:
(1)
Food-grade sanitizer shall be used in accordance with the Environmental
Protection Agency registered label use instructions;
(2)
A container of liquid food-grade sanitizer shall be maintained
for no more than ten (10) malt beverage taps that will be used for
filling and refilling containers;
(3)
Each container shall contain no fewer than five (5) tubes that
will be used only for filling and refilling containers;
(4)
The container shall be inspected visually for contamination;
(5)
After each filling or refilling of a container, the tube shall
be immersed in the container with the liquid food-grade sanitizer;
and
(6)
A different tube from the container shall be used for each filling
or refilling of a container; or
b.
Containers shall be filled or refilled with a contamination-free
process and:
4.
Containers shall be filled or refilled from the bottom of the container
to the top with a tube that is attached to the malt beverage faucet
and extends to the bottom of the container or with a commercial filling
machine.
5.
When not in use, tubes to fill or refill shall be immersed and stored
in a container with liquid food-grade sanitizer.
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk on a form to
be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
B.
Qualifications. Neither the applicant nor any officer,
director or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C.
Upon approval of any application for a license, the Clerk
shall grant the applicant a license to conduct business in the City
for a term to expire with the 30th day of June next succeeding the
date of such license, unless such license be revoked or suspended
for cause before the expiration of such time.
D.
Applications for renewal of licenses must be filed on or
before the first day of May of each calendar year. Such renewal application
shall be reviewed by the Board of Aldermen at its next meeting. Upon
approval of the majority of the Board of Aldermen and payment of the
license fee provided herein, the Clerk shall renew the license. In
the event that any person residing or conducting businesses within
two hundred (200) feet of the applicant's place of business shall
file a written protest against the renewal of such license, the Board
of Aldermen shall conduct a hearing on the application for license
renewal as provided in this Subsection.
[1]
Editor's Note: As regards certain exceptions to issuance or
renewal of licenses, see § 311.060(6) and (7), RSMo.
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle
Intoxicating Liquor, 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.
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. Delivery of intoxicating liquor 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.
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 eighteen (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 Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
4.
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 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.
B.
Sales To Minor — Exceptions.
1.
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.
2.
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 twenty-one
(21) to drink or possess intoxicating liquor or knowingly fails to
stop a person under the age of twenty-one (21) from drinking or possessing
intoxicating liquor on such property, unless such person allowing
the person under the age of twenty-one (21) to drink or possess intoxicating
liquor is his/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this
Subsection if:
a.
The defendant is a licensed retailer, club, drinking
establishment, or caterer or holds a temporary permit, or an employee
thereof;
b.
The defendant sold the intoxicating liquor to
the minor with reasonable cause to believe that the minor was twenty-one
(21) or more years of age; and
c.
To purchase the intoxicating liquor, the person
exhibited to the defendant a driver's license, Missouri non-driver's
identification card, or other official or apparently official document,
containing a photograph of the minor and purporting to establish that
such minor was twenty-one (21) years of age and of the legal age for
consumption of intoxicating liquor.
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.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2.
Any person under the age of twenty-one (21) years
who purchases or attempts to purchase, or has in his or her possession,
any intoxicating liquor, or who is visibly in an intoxicated condition
as defined in Section 577.001, RSMo., shall be deemed to have given
consent to a chemical test or tests of the person's breath, blood,
saliva, or urine for the purpose of determining the alcohol or drug
content of the person's blood. The implied consent to submit to the
chemical tests listed in this Subsection shall be limited to not more
than two (2) such tests arising from the same arrest, incident, or
charge. Chemical analysis of the person's breath, blood, saliva, or
urine shall be performed according to methods approved by the State
Department of Health and Senior Services by licensed medical personnel
or by a person possessing a valid permit issued by the State Department
of Health and Senior Services for this purpose. The State Department
of Health and Senior Services shall approve satisfactory techniques,
devices, equipment, or methods to be considered valid and shall establish
standards to ascertain the qualifications and competence of individuals
to conduct analyses and to issue permits which shall be subject to
termination or revocation by the State Department of Health and Senior
Services. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
a.
"Full information" is limited to the following:
(1)
The type of test administered and
the procedures followed;
(2)
The time of the collection of the
blood or breath sample or urine analyzed;
(3)
The numerical results of the test
indicating the alcohol content of the blood and breath and urine;
(4)
The type and status of any permit
which was held by the person who performed the test;
(5)
If the test was administered by
means of a breath-testing instrument, the date of performance of the
most recent required maintenance of such instrument.
b.
"Full information" does not include manuals, schematics,
or software of the instrument used to test the person or any other
material that is not in the actual possession of the State. Additionally,
"full information" does not include information in the possession
of the manufacturer of the test instrument.
3.
Exception.
a.
The provisions of this Subsection shall not apply
to a student who:
(1)
Is eighteen (18) years of age or
older;
(2)
Is enrolled in an accredited college
or university and is a student in a culinary course;
(3)
Is required to taste, but not consume
or imbibe, any beer, ale, porter, wine, or other similar malt or fermented
beverage as part of the required curriculum; and
(4)
Tastes a beverage under Subsection(D)(3)(a)(3)
of this Section only for instructional purposes during classes that
are part of the curriculum of the accredited college or university.
b.
The beverage must at all times remain in the possession
and control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor 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 therein contains intoxicating
liquor.
A.
Unlawful For Licensed Retailer To Purchase From Other
Than Licensed Wholesaler. It shall be unlawful for any licensee to
purchase any intoxicating liquor except from, by or through a duly
licensed wholesale liquor dealer in this State. It shall be unlawful
for such retail liquor dealer to sell or offer for sale any intoxicating
liquor purchased in violation of the provisions of this Section.
B.
Packaging, Labeling, Repackaging Prohibited, When. Any
retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor with an alcohol content
of less than five percent (5%) by weight to the consumer in an original
carton received from the wholesaler that has been mutilated, torn
apart or cut apart; or
2.
Repackage intoxicating liquor with an alcohol
content of less than five percent (5%) by weight in a manner misleading
to the consumer or that results in required labeling being omitted
or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It
shall be unlawful for any person to sell any intoxicating liquor which
has not been inspected and labeled according to the provisions of
the Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On
Premises. It shall be unlawful for any licensee licensed for the sale
of intoxicating liquor at retail by the drink for consumption on the
premises to keep in or upon the premises described in such license
any intoxicating liquor other than the kind of liquor expressly authorized
to be sold by such licensee.
F.
Persons Apparently Intoxicated Not To Be Provided With
Intoxicating Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public
place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating
liquor in or on any public place.
3.
No person shall possess or have under his/her
control any unsealed glass, bottle, can or other open container of
any type containing any intoxicating liquor while in or upon any public
place.
4.
No person shall possess or have under his/her
control any unsealed glass, bottle, can or other open container of
any type containing any intoxicating liquor while within or on any
motor vehicle while the same is being operated upon, or parked or
standing in or upon, any public place. Any person operating a motor
vehicle shall be deemed to be in possession of an open container contained
within the motor vehicle he/she has control of whether or not he/she
has actual physical possession of the open container.
A.
A person
commits the offense of manufacturing a false identification if he
or she possesses any means of identification for the purpose of manufacturing
and providing or selling a false identification card to a person under
the age of twenty-one (21) for the purpose of purchasing or obtaining
alcohol.
B.
The
offense of manufacturing a false identification is an ordinance violation.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven by fourteen (11 x 14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects."
The licensee shall display such sign in a conspicuous place on the
licensed premises.
A.
Notwithstanding
any provision of law to the contrary, entertainment facilities including,
but not limited to, arenas and stadiums used primarily for concerts,
shows, and sporting events of any kind and entities selling concessions
at such facilities that possess all necessary and valid licenses and
permits to allow for the sale of alcoholic beverages shall not be
prohibited from selling and delivering alcoholic beverages purchased
through the use of mobile applications to individuals attending events
on the premises of such facilities if the facilities are in compliance
with all applicable State laws and regulations regarding the sale
of alcoholic beverages.
B.
For
purposes of this Section, the term "mobile application" shall mean
a computer program or software designed to be used on hand-held mobile
devices such as cellular phones and tablet computers.
C.
Any
employee of a facility or entity selling concessions at a facility
who delivers an alcoholic beverage purchased through a mobile application
to an individual shall require the individual to show a valid, government-issued
identification document that includes the photograph and birth date
of the individual, such as a driver's license, and shall verify that
the individual is twenty-one (21) years of age or older before the
individual is allowed possession of the alcoholic beverage.
A.
Suspension Or Revocation Of License — When — Manner. The Board of Aldermen may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board of Aldermen or a hearing officer not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (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 Section 600.100 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, Chapter 311, RSMo., or any ordinance of the City; or
2.
Failing to obtain or keep a license from the State
Supervisor of Alcohol and Tobacco Control; or
3.
Making a false affidavit in an application for
a license under this Chapter; or
4.
Failing to keep an orderly place or house; or
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; or
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 twenty-one (21) years,
or
b.
Any person during unauthorized hours on the licensed
premises, or
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 Board of Aldermen.
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 this
Chapter or Chapter 311, RSMo., or of any felony violation of Chapter
195 or 479, 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 Board of Aldermen shall sell or give
away any intoxicating liquor 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 Board of Aldermen's order of suspension in a conspicuous place
on the premises so that all persons visiting the premises may readily
see the same.
A.
Hearing Officer. Hearings may be had before the Board of Aldermen
or before a Hearing Officer appointed by the Board of Aldermen who
shall be an attorney licensed to practice law in the State of Missouri.
If held before a Hearing Officer, he/she shall report to the Board
of Aldermen findings of fact, conclusions of law and recommendations.
The Board of Aldermen may accept, modify or refuse to accept the report
of the Hearing Officer or any portion thereof.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board of Aldermen 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
Board of Aldermen 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.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the Board of Aldermen 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 Board of Aldermen may appeal such decision to the Circuit Court
as provided in Chapter 536, RSMo., provided such appeal is filed within
thirty (30) days of the date of the Board of Aldermen's decision.
The Board of Aldermen may delay the implementation of its order pending
appeal.