Cross Reference - As to licenses and miscellaneous business regulations, ch. 605.
State Law References — Liquor control law,
ch. 311, RSMo.; municipal authority to require liquor licenses, §311.220,
RSMo.
[R.O. 2013 §3-0; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
The
City offers the following liquor licenses:
1.
Retail liquor by the drink license (including original package
sales). Retail liquor by the drink license may include licenses to
a restaurant, restaurant bar, microbrewery, amusement place, place
of entertainment, hotel, common eating and drinking area, or caterer.
2.
Sunday by drink liquor license (including original package
sales).
3.
Original package license (not including Sunday sales).
4.
Original package license (Sunday sales).
5.
Consumption of liquor on premises license.
6.
Picnic license.
7.
Wine and malt beverage tasting permit.
8.
Temporary caterers license.
[Ord. No. 4.497 (2785), 5-6-2021]
[R.O. 2013 §3-1; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A place of public accommodation that offers indoor services
or facilities, or outdoor services or facilities involving close contact
of persons, for amusement or other recreational or entertainment purposes.
A place of public amusement/entertainment, includes, but is not limited
to, an amusement park, arcade, bingo hall, bowling alley, indoor climbing
facility, skating rink, trampoline park, and other similar recreational
or entertainment facilities.
[Ord. No. 4.502 (Bill
No. 2827), 6-2-2022]
A place where all doors are locked and where no patrons are
in the place or about the premises.
Includes any organization, whether incorporated or not, of
ten (10) or more members not formed for profit which maintains in
the City any facilities for the benefit and convenience of its members.
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor; where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas, or otherwise; and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
A system for the sale of intoxicating liquor in qualified
packages or containers in the rooms provided for the overnight accommodation
of transient guests in a qualified hotel by means of a controlled
access liquor cabinet in accordance with Section 311.099, RSMo.
All interest, legal or beneficial, direct or indirect, in
the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating and business expenses and taxes, including
interest in dividends, preferred dividends interest and profits, directly
or indirectly paid as compensation for, or in consideration of interest
in, or for use of the capital devoted to the enterprise, or for property
or money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
Includes alcohol for beverage purposes, 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 (1/2 of 1%) by volume.
Any license issued under the provisions of Article II of this Chapter for the sale of intoxicating liquor.
As defined by Section 311.490, RSMo.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
Shall be construed and held to refer to any package containing
one (1) or more standard bottles, cans, or pouches of beer.
Includes any individual, association, joint stock company,
syndicate, copartnership, corporation, receiver, trustee, conservator,
or other officer appointed by any State or Federal court.
A temporary permit for the sale of intoxicating liquor for
consumption on the premises were sold and may be issued to a 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.
Includes the entire building or that portion of any building
in which a licensee hereunder has a place of business and any additional
building or portion thereof used in connection therewith, and the
entire lot or lots, parcel or parcels of land on which said building
are situated, or which are used in connection with the sale or consumption
of intoxicating liquor.
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 temporary license issued to caterers or other persons/organizations
holding a valid liquor license with the State of Missouri to sell
intoxicating liquor by the drink at retail, pursuant to the provisions
of this Chapter, who furnish provisions and service for use at a particular
function, occasion, or event, at a location other than the licensed
premises, effective for a period not to exceed forty-eight (48) hours,
which shall authorize the serving of alcoholic beverages for on-premises
consumption.
[Ord. No. 4.497 (2785), 5-6-2021]
Any vinous liquor produced by fermentation of juices of grapes,
berries, and other fruits or a preparation of certain vegetables by
fermentation.
A.
Any licensee under this Chapter, or his/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 twenty-one
(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/her parent or guardian who shall procure for, sell, give
away or otherwise supply intoxicating liquor to any person under the
age of twenty-one (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 twenty-one (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 Chapter 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 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.
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 twenty-one (21) or
more years of age; and
3.
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.
B.
In any place of business licensed in accordance with Section 311.200,
RSMo. or 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 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 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.
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 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.
D.
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.
[R.O. 2013 §3-5; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
No intoxicating liquor shall be consumed on the premises covered
by a license only to sell at retail in the original package and it
shall be unlawful to consume or permit to be consumed intoxicating
liquor on such premises, or to open an original package on such premises,
except when a permit for tasting has been issued.
[1]
State Law Reference — Similar provisions, §311.200,
RSMo.
[R.O. 2013 §3-6; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
No person licensed under the provisions of this Chapter to sell
intoxicating liquor at retail in the original package not to be consumed
on the premises where sold, shall sell any such intoxicating liquor
in any package containing less than an original package as defined
in this Article.
[R.O. 2013 §3-7; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
No person having a license under this Chapter nor any employee or
agent of such person shall sell, give away, or permit the consumption
of any intoxicating liquor to be done upon or about the premises in
any quantity except at the times set out in Section 600.340.
B.
Notwithstanding any other provisions herein to the contrary, when
January first (1st), March seventeenth (17th), July fourth (4th),
or December thirty-first (31st) falls on Sunday, and on the Sundays
prior to Memorial Day and Labor Day and the Sunday referred to as
"Super Bowl Sunday," then 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 said license on that day
after 6:00 A.M. on Sunday and until 1:30 A.M. on Monday.
[Ord. No. 4.500 (Bill
No. 2809), 9-16-2021]
C.
Any places licensed to sell intoxicating liquor by the drink shall
be a closed place as defined herein during times for which the sale
of intoxicating liquor is restricted.
[1]
State Law Reference — Similar provisions, §311.290,
RSMo.
A.
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.020 of this Chapter or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (1%) or more by weight of alcohol in such person's blood is guilty of an ordinance violation.
B.
For purposes of determining violations of this Section, or of 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 not 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.
C.
Any person under the age of twenty-one (21) years who purchases
or attempts to purchase, or has in his/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.
1.
Full information is limited to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood or breath sample or
urine analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person
who performed the test;
e.
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.
2.
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.
D.
Exceptions. The provisions of this Section 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) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
|
The beverage must at all times remain in the possession and
control of an 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.
|
[R.O. 2013 §3-15; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
No person, agent, or employee of any person in any capacity
shall sell intoxicating liquor in any other place than that designated
in a liquor license issued pursuant to this Chapter or in the license
of his/her employer, or at any other time or otherwise than is authorized
by this Chapter.
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.
[R.O. 2013 §3-26; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
Except as provided by Section 311.055, RSMo., it shall be unlawful
for any person to manufacture, sell or expose for sale intoxicating
liquor, as herein defined, in any quantity, either for consumption
on the premises where sold, or in the original package and not for
consumption on the premises where sold, except as provided in this
Chapter, nor until the license fees herein provided have been fully
paid, and a State liquor license and a City liquor license have been
issued for the premises. A separate license shall be required for
each place of business.
B.
Outdoor Liquor Sales. Notwithstanding any other
provision of this Section, no person shall sell or expose for sale,
either at wholesale or retail, in the City intoxicating liquor in
any quantity in any outdoor area, lot or garden adjacent to a premises
licensed for sale of intoxicating liquor until the applicant has:
1.
Submitted to the City Clerk, on a form provided by the City
Clerk, a diagram, drawing or other satisfactory rendition identifying
the location of the intended outdoor serving area and a photograph
or drawing of the proposed fence or barrier.
2.
Ensured that the outdoor serving area is clearly delineated
from the surrounding area by fence or other barrier. At no time shall
this fence or barrier obstruct the view of the outdoor serving area
from the street or adjacent building. This fence or barrier shall
be subject to approval by the City.
C.
Notwithstanding any other law to the contrary, any caterer who possesses
a valid State and valid local license from another City or County
within the State needs to obtain a separate liquor license from the
City.
[1]
State Law Reference — Similar provisions, §311.050,
RSMo.
[R.O. 2013 §3-27; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
No person shall qualify for a license under this Chapter if that
person or any partner, manager, officer, director or any individual
owning ten percent (10%) or more of the stock or financial interest
therein is not a person of good moral character or has been convicted
of violating the provisions of any law applicable to the manufacture
or sale of intoxicating liquor since the ratification of the 21st
Amendment of the Constitution of the United States, nor shall a person
qualify for an intoxicating liquor license if that person has made
a false affidavit in his/her application for liquor license, nor shall
a person qualify for a liquor license unless that person is registered
to vote in this State and has paid all taxes due for which he/she
is liable to the State, County, and municipality in which he/she resides,
and to the City.
B.
No license shall be issued for the sale of intoxicating liquor in
the original package not to be consumed on 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, to wit:
A drug store, a cigar and tobacco shop, a grocery store, a general
merchandise store, a confectionery or delicatessen store, or any business
licensed to sell intoxicating liquor by the drink for consumption
on the premises; nor shall any license be issued for the sale of intoxicating
liquor in the original package not to be consumed on the premises
where sold to any 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.
C.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (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
in writing of the City Council, or other proper authorities of the
City except that when a school, church or place of worship shall hereafter
be established within one hundred (100) 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 one hundred (100) feet of the proposed licensed premises.
[1]
State Law Reference — Similar provisions, §311.060(1)
and 311.080(1), RSMo.
[R.O. 2013 §3-28; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010; Ord. No. 4.471 (Bill No. 2574) §1, 2-6-2014]
A.
Applications for a license, to include any new license, renewal
license or transfer of an existing license, to sell or dispense intoxicating
liquor, to include picnic licenses, shall be filed with the City Clerk
on forms furnished by the City Clerk. The application forms shall
be contained in a packet that includes an individual and business
entity questionnaire, an on-site management questionnaire, a schedule
of license fees, a release form, and an application checklist.
B.
The application shall contain information sufficient to inform the
City regarding the qualifications of the applicant. The applicant
shall sign each application. The signature of the applicant shall
constitute an agreement that the applicant assumes responsibility
for compliance with the provisions of the City ordinances and the
laws of the State regulating the sale of intoxicating liquor. The
applicant shall include as part of the application a copy of the application
packet for State liquor license. The applicant for any picnic license
shall state the nature of the function, location, exact times and
dates requested for said license.
C.
If the applicant is a joint venture, partnership or group other
than an incorporated entity, all individuals, who are members of such
joint venture, partnership or group, shall make the application. If
the applicant is a corporation, the application shall be submitted
in the name of a managing officer of the entity for the benefit of
the entity corporation. A corporate applicant shall state the names
and addresses of its registered agent, manager officers, directors,
and owners. Any time the named manager of a corporation ceases to
act in such capacity, the corporation shall immediately apply to the
City to transfer the license to the name of the new manager.
D.
Every application for a license and 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 premises other than that described therein, unless,
upon application, some other premises is recommended by the liquor
committee and approved by the City Council.
[R.O. 2013 §3-29; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
The Chief of Police shall supervise an investigation of the validity
of the statements contained in each application for a license under
this Chapter. Applications shall be made at least twenty-one (21)
days prior to the date that the applicant desires to commence selling
or dispensing intoxicating liquor or at least twenty-one (21) days
prior to the date of the event requiring issuance of a picnic license,
to allow for a report on the application by the Police Department.
The Police Department is not required to conduct an investigation
of any person who has submitted an incomplete application packet.
B.
Upon conclusion of the investigation, the Chief of Police shall
render a report on the application, which shall indicate a recommendation
for approval or denial. Any recommendation for denial of the application
shall include a justification based on the standards for approval
and issuance.
C.
Upon approval of such application by a majority of the City Council,
and upon the payment of the license fee herein provided, the City
Clerk shall grant the applicant the requested license.
[R.O. 2013 §3-30; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
The
City shall not issue a license to any applicant who:
1.
Does not receive a favorable recommendation from the Chief
of Police, or
2.
Is not of good moral character, registered to vote in the State
and current on all taxes for which he/she is liable in the State,
County, City or municipality in which he/she resides, and City, or
3.
Is not at least twenty-one (21) years of age, or
4.
Had been convicted, since the ratification of the 21st Amendment
to the Constitution of the United States, of violating the provisions
of any law applicable to the sale or manufacture of intoxicating liquor,
or
5.
Has had a prior revocation of a license, or
6.
Has individually or as an officer, director or shareholder
of a corporate applicant been convicted of a felony or any laws of
the United States or any State involving the distribution, sale or
possession of any controlled substance or dangerous drug, or
7.
Makes a false statement of material facts or by deliberate
omission is untruthful in the application for a license or renewal
license, or
8.
Does not comply with all provisions of the State law and with
all other ordinances and regulations of the City related to the terms
of the license.
[R.O. 2013 §3-31; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010; Ord. No. 4.32 (Bill No. 2446) §1, 12-16-2010]
A.
License fees for the licenses required by this Article are hereby
established as follows:
1.
Retail liquor by the drink license (including original
package sales). Issued for the sale of all kinds of intoxicating
liquor at retail by the drink for consumption on the premises where
sold, and also allows the sale of intoxicating liquor in the original
package as defined in this Chapter, regardless of where the intoxicating
liquor is to be consumed, between the hours of 6:00 A.M. and 1:30
A.M. on weekdays and on Saturday from 6:00 A.M. until 1:30 A.M. on
Sunday. Notwithstanding any other provision of the Article, a "retail
liquor by the drink" license may also be issued to the following types
of establishments to wit: Restaurant, restaurant-bar, microbrewery,
amusement place, entertainment place, hotel, common eating or drinking
area, or caterer. The annual fee shall be four hundred fifty dollars
($450.00).[1]
[1]
State Law Reference — Similar provisions,
§311.200(4), RSMo.
2.
Sunday by drink license (including original package
sales). Issued for the sale of all kinds of intoxicating
liquor at retail by the drink for consumption on the premises only
between the hours of 6:00 A.M. on Sunday and until 1:30 A.M. on Monday,
and shall also the sale of intoxicating liquor in the original package
as defined in the Chapter, regardless of where the intoxicating liquor
is to be consumed. Only persons issued a "retail liquor by the drink
license" may apply for this additional license. The annual fee shall
be three hundred dollars ($300.00).[2]
[Ord. No. 4.500 (Bill
No. 2809), 9-16-2021]
[2]
State Law Reference — Similar provisions,
§311.200(3), RSMo.
3.
Original package license (not including Sunday sales). Issued for the sale of all types of intoxicating liquor in the original
package, not for consumption on the premises, nor for resale, from
6:00 A.M. on weekdays to the next day at 1:30 A.M. and on Saturday
from 6:00 A.M. until 1:30 A.M. on Sunday. Notwithstanding any other
provisions of this Article and original package license (not including
Sunday sales) may be issued to the following types of establishments:
a drug store, a cigar and tobacco shop, a grocery store, a general
merchandise store, a confectionery or delicatessen store. The annual
fee shall be one hundred fifty dollars ($150.00).[3]
[3]
State Law Reference — Similar provisions,
§311.200(1), RSMo.
4.
Original package license (Sunday sales). Issued
for the sale of all types of intoxicating liquor in the original package,
as defined in this Chapter, neither for consumption on the premises
nor for resale, on Sunday between the hours of 6:00 A.M. and 1:30
A.M. Only persons having been issued a license for "original package
(not including Sunday sales)" license may apply for this additional
license. The annual fee shall be three hundred dollars ($300.00).[4]
[Ord. No. 4.500 (Bill
No. 2809), 9-16-2021]
[4]
State Law Reference — Similar provisions,
§311.293(2), RSMo.
5.
Consumption of intoxicating liquor on premises license. Issued to any establishment where food, beverage or entertainment
are sold or provided for compensation and where patrons are allowed
to bring their own intoxicating liquor on the premises for consumption.
The annual fee shall be three hundred dollars ($300.00).
6.
Picnic license. Issued for the temporary sale
of all kinds of intoxicating liquor at retail by the drink for consumption
on the premises where sold by any church, school, civic, service,
fraternal, veteran, political, charitable club or organization between
the hours of 11:00 A.M. and Midnight daily for sale at a picnic, bazaar,
fair, or similar gathering. Said permit shall be issued only for the
day or days named therein and it shall not authorize the sale of the
aforesaid beverages for more than seven (7) days by any said organization
as described above in any fiscal year. The fee for this license shall
be thirty-seven dollars fifty cents ($37.50) per event.[5]
[5]
State Law Reference — Similar provisions,
§311.482, RSMo.
7.
Wine and malt beverage tasting permit. Issued
to persons licensed to sell intoxicating liquor in the original package
at retail for the purpose of conducting wine, malt beverage and distilled
spirit tasting on the licensed premises from 6:00 A.M. on weekdays
to the next day at 1:30 A.M. and on Saturday from 6:00 A.M. until
1:30 A.M. on Sunday. Nothing in this Section shall be construed to
permit the licensee to sell wine, malt beverages, or distilled spirits
by the drink for on-premises consumption on the premises. The annual
fee shall be thirty-seven dollars fifty cents ($37.50).[6]
[6]
State Law Reference — Similar provisions,
§311.294, RSMo.
8.
Temporary Caterers License. Issued for the temporary
sale of all types of intoxicating liquor at retail by the drink for
consumption on the premises where sold by the licensed catering company
between the hours of 11:00 A.M. and Midnight for the function in which
it was hired to cater. Said permit shall be issued only for the day
or days named therein and it shall not authorize the sale of the aforesaid
beverages for more than two (2) days. The fee for this license shall
be fifteen dollars ($15.00) per event. A separate license must be
obtained for each event.
[Ord. No. 4.497 (2785), 5-6-2021]
B.
Notwithstanding
any other provision of the law to the contrary, any person who is
licensed to sell intoxicating liquor at retail by the drink for on-premises
consumption, may sell retailer-packaged alcoholic beverages to customers
in containers, filled on such premises by any employee of the retailer
who is twenty-one (21) years of age or older, for off-premises consumption
if all the following requirements are met:
[Ord. No. 4.499 (Bill
No. 2808), 9-16-2021]
1.
The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A"sealable" container does not include a
container with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
6.
The container is either:
a.
Placed in a one-time-use, tamper-proof, transparent bag that is securely
sealed; or
b.
The container opening is sealed with tamper-proof tape. For purposes
of this subdivision, "tamper-proof" means that a lid, cap, or seal
visibly demonstrates when a bag or container has been opened.
|
Containers that are filled under this Section shall be affixed
with a label or a tag that contains the name and address of the business
that filled the container, in type not smaller than three (3) millimeters
in height and not more than twelve (12) characters per inch, and states,
'THIS BEVERAGE CONTAINS ALCOHOL.'
|
[R.O. 2013 §3-33; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
Any hotel having at least forty (40) rooms for the overnight
accommodation of transient guests and that operates a restaurant on
the premises that complies with all provisions regarding annual gross
food sales as stated in Section 311.099, RSMo., has a current "retail
liquor by the drink" license issued by the State and the City, is
authorized to provide a controlled access liquor cabinet system in
accordance with the provisions of Section 311.099, RSMo.
[R.O. 2013 §3-34; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
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 Article, may make application
and the City 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.
B.
Whenever one (1) or more members withdraws from a partnership or
joint venture, the City Clerk, upon being requested, shall permit
the remaining partners or joint ventures, 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]
State Law Reference — Similar provisions,
§311.250, RSMo.
[R.O. 2013 §3-35; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
All licenses issued pursuant to the provisions of this Article
shall be kept conspicuously posted for public viewing in the place
for which such license was issued.
[R.O. 2013 §3-36; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
The
City Council may, in addition to other penalties provided by ordinance,
suspend or revoke a license issued pursuant to this Chapter if the
licensee or his/her employees or agents shall have been shown to be
guilty of, to have violated, or to be involved in any of the following:
1.
An offense resulting in a conviction involving the use of force
or violence upon the person of another in the operation of the business
of licensee;
2.
A conviction of a crime involving a felony by licensee or any
of the officers or the managing officer of licensee;
3.
Any false, misleading or fraudulent statement of fact in the
license application for the licensee or in any other document required
by the City in conjunction therewith;
4.
Violation of any of the provisions of this Chapter or any of
the laws of this City;
5.
Violation of the laws of the Federal or State Government, or
any rule or regulation pertaining to the sale and licensing of intoxicating
liquors;
6.
Operation of the business in such a manner that it constitutes
a nuisance to the neighborhood;
7.
Conduct by the officers, employees, or managing officers of
the licensee such as public drunkenness when working or while on the
premises, indecent exposure when working or when on the premises or
other conduct which shows improper conduct by an individual who is
licensed pursuant to this Chapter.
8.
Lack of proper control of customers. The licensee
shall use good judgment in the sale of intoxicating beverages and
shall not sell same to persons obviously intoxicated. If any customer
becomes unruly or abusive, it shall be the duty of the licensee to
call and fully cooperate with Police, or other law enforcement authority.
The licensee shall take appropriate and necessary steps to supervise
the premises immediately outside the liquor establishment, shall keep
said premises free from litter, and shall not allow the premises to
become a gathering location for the liquor establishment's customers.
This is not an exhaustive list, but only provided as an example of
the type of behavior that may result in the suspension or revocation
of license.
[R.O. 2013 §3-37; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
A.
Suspension Or Revocation. Whenever it is shown
or whenever the Council has knowledge that a licensee under this Chapter
has not kept an orderly place, or has violated any provision of this
Chapter or the Liquor Control Act of the State, or has made false
affidavit in his/her application for a license, or has knowingly violated
any of the other ordinances of the City as may be applicable to his/her
place of business relating to health, safety or criminal activities,
the Council, after notice and a hearing thereon, shall have the power
to revoke or suspend for a time the license of the licensee.
B.
Procedure. Any person who has been licensed pursuant
to this Article and who has received a notice of intent to suspend
or revoke said license may request a hearing before the Council. Requests
for such hearings shall be filed with the City Clerk within ten (10)
days after notice is given of the intention to suspend or revoke.
Upon receipt of a timely written request for hearing, the Council
or a hearing examiner designated by the Council shall call a hearing
and shall set forth in writing and send to the applicant or licensee
or permittee, by means of registered mail, certified mail or hand
delivery, notice that within a period of not less than five (5) days
nor more than fourteen (14) days from the date of the posting of said
notice, a hearing shall be conducted to determine the existence of
any facts which constitute grounds for the suspension or revocation
of license or permit. The notification shall include the date, time
and place of the hearing. The Council is hereby authorized to appoint
a hearing examiner who shall have authority to conduct the hearing
as set forth herein. At least two (2) members of the Council shall
be in attendance. The applicant or licensee may have the assistance
of counsel or may appear by counsel and shall have the right to present
evidence. In the event that the applicant or licensee fails to appear
at the hearing, the evidence of the existence of facts, which constitute
grounds for the suspension or revocation of the license or permit,
shall be considered unrebutted. The hearing need not be conducted
according to the rules of evidence. Any relevant evidence may be admitted
and considered by the Council if it is the sort of evidence on which
responsible persons are accustomed to relay in the conduct of serious
affairs. Objection to evidence shall be noted and a ruling given by
the hearing examiner. A copy of the decision of the hearing examiner
specifying findings of fact and the reasons for the decision shall
be furnished to the applicant or licensee. For purposes of appeal,
the decision of the hearing examiner, if ratified by the Council,
shall be final. Upon a final decision being rendered, the parties
shall be informed of the right to appeal under the provisions of the
Administrative Procedure Act. Any decision not appealed within thirty
(30) days from the date of the decision is final.
C.
Notice Of Decision. All final decisions, findings,
rules, and orders of the Council adverse to parties to the proceedings
shall be in writing and mailed to such parties.
[R.O. 2013 §3-40; Ord. No. 4.32 (Bill No. 2365) §1, 2-4-2010]
Every license issued pursuant to this Article shall expire on
the thirtieth (30th) of June next following its issuance. Any license
for renewal that is not renewed by the renewal date shall be subject
to a penalty of two hundred fifty dollars ($250.00).
