[Ord. No. 2581 §1, 6-14-2016]
A.
It shall be unlawful for any person to sell or expose for sale intoxicating
liquor 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.
Notwithstanding any other law to the contrary, any caterer need not
obtain a separate liquor license from the City to provide catering
services within the City, provided that any caterer licensed by a
local jurisdiction other than the City shall be required to produce
a copy of the local license to the City. All applicable provisions
of this Chapter, Missouri's liquor control law, and the provisions
of law of the jurisdiction issuing the caterer's local liquor
license shall extend to the catered premises and shall be in force
and enforceable during the time that the caterer is on such premises.
Caterers shall not allow the sale of intoxicating liquor in the original
package.
[Ord. No. 2581 §1, 6-14-2016]
A.
Applications for a license shall be filed with the City Clerk on
forms furnished by the City Clerk. The application shall be accompanied
by the appropriate license fee.
B.
The application shall contain information sufficient to inform the
City regarding the qualifications of the applicant. Each application
shall be signed by the applicant. 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, or a copy of the State license, as
applicable. The applicant for any picnic or special event license
shall state the nature of the function, location, and exact times
and dates requested for said license.
C.
If the applicant is a joint venture, partnership, a group other than
an incorporated entity, or an incorporated or other entity of any
kind, the application shall state the names and addresses of all officers
and shall identify a managing officer.
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.
E.
Every application for a license shall include the identity of any
anticipated employee convicted of a felony, and every licensed employer
shall report to the City Clerk the identity of any employee convicted
of a felony.
[Ord. No. 2581 §1, 6-14-2016]
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, including a criminal background check for every individual
and every officer as defined herein. Applications shall be made at
least thirty-one (31) days prior to the date that the applicant desires
to commence selling or dispensing intoxicating liquor. The Police
Department is not required to conduct an investigation of any person
who has submitted an incomplete application packet.
B.
Except as provided in Section 600.070(C), an applicant shall submit a set of his or her fingerprints taken by the Olivette Police Department for transmission to the Missouri State Highway Patrol (MSHP) in the form and manner required or allowed by the MSHP as provided herein.
1.
The MSHP shall, consistent with Section 43.535, RSMo., use the
fingerprints to search Missouri's criminal records repository
and submit the fingerprints to the Federal Bureau of Investigation
for a search of Federal criminal history files. The results of the
Federal Bureau of Investigation check will be returned to the MSHP,
which will provide the State and national results to the City.
2.
An applicant may request and receive a copy of his or her criminal
history record information from the City. If the applicant believes
that the information contained in the criminal history record is not
correct, the burden is on the applicant to amend or correct his or
her record.
3.
All criminal record check information shall be confidential,
and any person who discloses the information beyond the scope allowed
herein is guilty of a violation of a Missouri Class A misdemeanor.
4.
Every applicant required to submit to a fingerprint check pursuant
to this Chapter shall pay to the City the actual fee paid by the City
to the MSHP for performing the fingerprint check.
C.
In lieu of providing fingerprints for a background check initiated
by the Police Department, the applicant may submit sealed, authenticated,
and contemporaneous background checks prepared by the MSHP at the
applicant's request. The Chief of Police shall determine whether
the submitted background checks are authentic and contemporaneous
with the application.
D.
The Police Chief shall determine whether the applicant has been convicted
of or is under pending indictment for a crime that bears upon the
applicant's qualifications or the validity of the statements
contained in the application. At the conclusion of the investigation
the Police Chief shall render a report recommending approval or denial
of the application to the City Council. Any recommendation for denial
shall include a justification based on the standards of this Chapter.
E.
The chief's recommendation shall be presented to the City Council
at the next regular or special meeting after issuance of the report.
Upon approval of the application by a majority of the Council, the
City Clerk shall grant the applicant the requested license for a term
to expire effective through the next following December 31.
F.
Notwithstanding anything herein to the contrary, an applicant who
is licensed by the City to sell intoxicating liquor, whether in the
original package or by the drink, and who is otherwise qualified for
the permit sought, shall not be subject to a criminal background check
for a tasting permit or a special event permit unless the Chief of
Police reasonably determines that a criminal background check is necessary.
[Ord. No. 2586 §1, 7-12-2016]
[Ord. No. 2581 §1, 6-14-2016]
A.
No person shall qualify for a license under this Chapter if that
person, or any officer:
1.
Does not receive a favorable recommendation from the Chief of
Police;
2.
Is not of good moral character and current on all taxes for
which he or she is liable to the City, the State, the County, or the
municipality in which he or she resides;
3.
Is not at least twenty-one (21) years of age;
4.
Has had a liquor license revoked;
5.
Has been convicted of violating the provisions of any law applicable
to the sale or manufacture of intoxicating liquor, provided that no
person shall be denied a license solely due to a single conviction
for the unlawful sale or supply to a minor when serving in the capacity
as an employee of a licensed establishment;
6.
Employs a person whose liquor license has been revoked or who
has been convicted of violating the provisions of any law applicable
to the sale or manufacture of intoxicating liquor, provided that no
license shall be denied if the actionable violation(s) occurred more
than three (3) years prior to the date of the Council's license
determination;
7.
Has been convicted of violating the provisions of any law involving
the distribution, sale or possession of any controlled substance or
dangerous drug;
8.
Makes a false statement of material fact, or by deliberate omission
is untruthful, in the application for a license; or
9.
Does not otherwise comply with all laws and regulations related
to liquor control established by the State of Missouri, including
but not limited to Chapter 311, RSMo., and the City of Olivette, including
but not limited to this Chapter.
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. Each employer shall report the identity
of any employee convicted of a felony to the Division of Liquor Control.
The Division of Liquor Control shall promulgate rules to enforce the
provisions of this Subdivision.
C.
Any applicant aggrieved by a decision of the Council may appeal such
decision to the St. Louis County Circuit Court as provided in Chapter
536, RSMo., provided such appeal is filed within ten (10) days of
the date of the Council's decision.
[Ord. No. 2581 §1, 6-14-2016]
A.
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: 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 or 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.
B.
A license issued under this Chapter shall not be deemed to authorize
or permit the sale of intoxicating liquor at any place other than
the licensed premises.
C.
No license shall be granted for the sale of intoxicating liquor within
one hundred (100) feet of any school, church, or other place of religious
worship unless the license is approved by the City Council at least
ten (10) days' after written notice has been provided to all
owners of property within one hundred (100) feet of the proposed licensed
premises of the date and time of the council's consideration
of the license. This Section shall not apply to: (i) premises issued
a picnic license, or (ii) if a school, church, or place of worship
was established within one hundred (100) feet of any existing and
licensed business already selling intoxicating liquor and the use
of the premises for the sale of intoxicating liquor has been lawful
and not interrupted for more than six (6) months.
A.
Licenses and fees 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, not for consumption on the premises nor for resale, during
weekday hours. The annual fee shall be four hundred fifty dollars
($450.00).
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 and
shall also allow the sale of intoxicating liquor in the original package,
not for consumption on the premises nor for resale, but only during
Sunday hours. 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).
3.
Original package license (not including Sunday sales). Issued for the sale of all types of intoxicating liquors in the
original package, not for consumption on the premises nor for resale,
during weekday hours.
4.
Original package license (Sunday sales). Issued
for the sale of all types of intoxicating liquors in the original
package, not for consumption on the premises nor for resale, on Sunday
during Sunday hours. 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).
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,
but only during weekday and Sunday hours. The annual fee shall be
ninety dollars ($90.00).
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 during
special event hours 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 and fifty cents ($37.50).
7.
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
tastings on the licensed premises during weekday hours. Nothing in
this Section shall be construed to permit the licensee to sell intoxicating
liquor by the drink for on-premises consumption on the premises. The
annual fee shall be thirty-seven dollars and fifty cents ($37.50).
8.
Special event. Issued to persons licensed to
sell intoxicating liquor by the drink for consumption on the premises
where sold for the temporary sale of intoxicating liquor at a special
event during special event hours. 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 and fifty cents ($37.50).
B.
The fees to be charged under this Article shall be taken in lieu
of a merchant's license fee and ad valorem tax for stock and
sales of intoxicating liquors, and the amount of sales thereof made
by any license hereunder of the value of the stock of any intoxicating
liquors of such licensee shall not be returned by such merchant for
purposes of a merchant's license or ad valorem tax, nor shall
such stock or sales be included in the computation of any merchant's
license or ad valorem tax.
[1]
Editor's Note: Ord. No. 2713 set out a one-time reduction
in liquor license fees due to businesses being impacted by public
health orders during Covid-19 pandemic. Specifically, the fees set
out in Subsection: (A)(1) was reduced to $50.00; (A)(2) was reduced
to $25.00; and (A)(5) was reduced to $30.00.
[Ord. No. 2581 §1, 6-14-2016]
The annual licenses issued hereunder shall be dated January
1 and shall expire on December 31, and fees shall be paid annually
in advance of the issuance of renewal thereof. Licenses may be issued
for a part of a year for businesses started after January 1, and proportionate
fees may be charged, but all licenses shall expire on December 31.
[Ord. No. 2581 §1, 6-14-2016]
A.
No license issued under this Chapter shall be transferable or assignable
except as herein provided.
B.
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, if approved
by the City Council as provided for any other license, the City Clerk
shall 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.
C.
Whenever one (1) or more officers withdraws from a partnership, joint
venture, or corporation the City Clerk, upon being requested, shall
permit the remaining officers, originally approved, to continue to
operate for the remainder of the period for which the license fee
has been paid, without obtaining a new license.
D.
If a licensee desires to change the location of his or her place
of business within the City, the licensee shall file an application
in the same manner as herein provided for an original application,
except that no additional fee shall be necessary and the amended license,
describing the new location, shall be issued immediately upon approval
of said application by the City Council. Any change of location of
the enterprise prior to the issuance of such amended license shall
constitute a violation of this Subsection.
E.
If at any time an officer is replaced by a licensee, or if a new officer is appointed by the licensee, the licensee shall immediately notify the City and the new officer shall be investigated as provided in Section 600.070 hereof.
1.
If the new officer passes the investigation, the licensee may
continue to operate for the remainder of the period for which the
license fee has been paid, without obtaining a new license.
[Ord. No. 2581 §1, 6-14-2016]
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.
