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 Salisbury 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 as set out in Subsection (C).
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.
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 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
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 6:00 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.
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.
D.
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.
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.
A.
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 Board of Aldermen, 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.
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.
A.
The following categories and subcategories of licenses
shall be issued upon compliance with the provisions of this Chapter
and payment of the license fee indicated:
B.
Of the license fee to be paid for any such license,
the applicant shall pay as many 12ths as there are months (part of
a month counted as a month) remaining from the date of the license
to the next succeeding July 1.
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)(3)(c) 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 And Approval Of An Application.
1.
Each application for a 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.
2.
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.
B.
Qualifications For Licenses.
1.
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the County or City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County or City; and, except as otherwise provided under Subsection (G) of this Section, no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the 21st Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked unless five (5) years have passed since the revocation as provided under Subsection (F) of this Section, or who has been convicted of violating such law since the date aforesaid; provided that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State.
2.
Additional Requirements; Exceptions.
a.
No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership or such corporation, or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this Chapter shall have had a license revoked under this Chapter except as otherwise provided under Subsections (F) and (G) of this Section, or shall have 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 to the Constitution of the United States, or shall not be a person of good moral character.
b.
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor. The Division of Alcohol and Tobacco
Control shall promulgate rules to enforce the provisions of this Subsection.
c.
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in this
Section.
C.
A "resident corporation" is defined to be a corporation incorporated
under the laws of this State, all the officers and directors of which,
and all the stockholders, who legally and beneficially own or control
sixty percent (60%) or more of the stock in amount and in voting rights,
shall be qualified legal voters and taxpaying citizens of the county
and municipality in which they reside and who shall have been bona
fide residents of the State for a period of three (3) years continuously
immediately prior to the date of filing of application for a license,
provided that a stockholder need not be a voter or a taxpayer, and
all the resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this Chapter; provided that no corporation
licensed under the provisions of this Chapter on January 1, 1947,
nor any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code,[1] shall be disqualified by reason of the new requirements
herein, except corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight,
or owned or controlled, directly or indirectly, by non-resident persons,
partnerships or corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight.
[1]
Editor's Note: Said reference is to the Federal law as it
existed at the time. Said Section 112 of the Internal Revenue Code
has since been reorganized into various sections of Title 26 of the
United States Code.
D.
The
term "financial interest" as used in this Chapter is defined to mean
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 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.
E.
The
City Clerk shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the City Clerk.
F.
Any
person whose license or permit issued under this Chapter has been
revoked shall be automatically eligible to work as an employee of
an establishment holding a license or permit under this Chapter five
(5) years after the date of the revocation.
G.
Any person whose license or permit issued under this Chapter has
been revoked shall be eligible to apply and be qualified for a new
license or permit five (5) years after the date of the revocation.
The person may be issued a new license or permit at the discretion
of the Division of Alcohol and Tobacco Control. If the City denies
the request for a new permit or license, the person may not submit
a new application for five (5) years from the date of the denial.
If the application is approved, the person shall pay all fees required
by law for the license or permit. Any person whose request for a new
license or permit is denied may seek a determination by the Administrative
Hearing Commission as provided under Section 311.691, RSMo.
A.
Notwithstanding
any provision of 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:
1.
The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamperproof 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 Subsection,
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 alcoholic beverages; and
7.
For purposes of this Subsection, "tamperproof" means that a lid,
cap, or seal visibly demonstrates when a bag or container has been
opened.
B.
Containers that are filled under Subsection (A) of 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."
C.
The
filling of a container under this Section shall be in compliance with
Section 3-304.17(c) of the 2009 Food and Drug Administration Food
Code.
D.
No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (A) of this Section to any person who is licensed to sell intoxicating liquor at retail.
A.
Persons 18 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.
4.
Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a.
Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b.
Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5.
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.
Consumption Of Alcoholic Beverages Or Possession Of
Open Containers In Certain Areas Prohibited.
[CC 1996 § 215.130; Ord. No. 365 § 1; Ord.
No. 98-11-02 § 2, 12-12-1998]
1.
It shall be unlawful for any person to possess
an open container of, or to drink or otherwise consume any alcoholic
beverage while upon or within any parking lot or other similar facility
open for use by the general public, public street, alley, right-of-way,
highway, or sidewalk within the corporate limits.
2.
For purposes of this Subsection, the term "container"
shall include any vessel capable of holding liquid, including, but
not limited to, a cup, glass, thermos, carton, can, bottle, and any
and all other similar vessels.
3.
For purposes of this Subsection, the term "alcoholic
beverage" shall mean intoxicating liquor as that term is now or hereafter
defined by the Revised Statutes of Missouri.
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. Prior to the hearing the Clerk shall give not less than ten (10) days' written notice to the licensee specifying 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, United States 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.