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 St. James 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:
[Ord. No. 21-1213, 11-8-2021]
1.
Package Liquor — Malt Liquor
Only. Sales of malt liquor at retail by grocers and other merchants
and dealers for sale in the original package direct to consumers but
not for resale and not for consumption on the premises where sold.
This license may include Sunday sales from 6:00 A.M. to 1:30 A.M.
the following day.
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 Section 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 City Council. 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 City Council, 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:
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.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the
term "public place" shall mean any public street, highway, alley,
sidewalk, thoroughfare or other public way of the City, or any parking
lot.
2.
No person shall drink or ingest any
intoxicating liquor in or on any public place.
3.
No person shall possess or have under
his/her control any unsealed glass, bottle, can or other open container
of any type containing any intoxicating liquor while in or upon any
public place.
4.
No person shall possess or have under
his/her control any unsealed glass, bottle, can or other open container
of any type containing any intoxicating liquor while within or on
any motor vehicle while the same is being operated upon, or parked
or standing in or upon, any public place. Any person operating a motor
vehicle shall be deemed to be in possession of an open container contained
within the motor vehicle he/she has control of whether or not he/she
has actual physical possession of the open container.
A.
A person commits the offense of manufacturing
a false identification if he or she possesses any means of identification
for the purpose of manufacturing and providing or selling a false
identification card to a person under the age of twenty-one (21) for
the purpose of purchasing or obtaining alcohol.
B.
The offense of manufacturing a false identification
is an ordinance violation.
Any person who is licensed to sell
or serve alcoholic beverages at any establishment shall place on the
premises of such establishment a warning sign as described in this
Section. Such sign shall be at least eleven by fourteen (11 x 14)
inches and shall read "WARNING: Drinking alcoholic beverages during
pregnancy may cause birth defects." The licensee shall display such
sign in a conspicuous place on the licensed premises.
A.
Notwithstanding any provision of law to
the contrary, entertainment facilities, including, but not limited
to, arenas and stadiums used primarily for concerts, shows, and sporting
events of any kind and entities selling concessions at such facilities
that possess all necessary and valid licenses and permits to allow
for the sale of alcoholic beverages shall not be prohibited from selling
and delivering alcoholic beverages purchased through the use of mobile
applications to individuals attending events on the premises of such
facilities if the facilities are in compliance with all applicable
State laws and regulations regarding the sale of alcoholic beverages.
B.
For purposes of this Section, the term
"mobile application" shall mean a computer program or software designed
to be used on hand-held mobile devices such as cellular phones and
tablet computers.
C.
Any employee of a facility or entity selling
concessions at a facility who delivers an alcoholic beverage purchased
through a mobile application to an individual shall require the individual
to show a valid, government-issued identification document that includes
the photograph and birth date of the individual, such as a driver's
license, and shall verify that the individual is twenty-one (21) years
of age or older before the individual is allowed possession of the
alcoholic beverage.
A.
Suspension Or Revocation Of License — When — Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the City Council 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 City Council.
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 City Council 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 City Council'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 City Council or before a Hearing Officer appointed by the City
Council 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 City Council findings of fact, conclusions of law and recommendations.
The City Council 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council's
decision. The City Council may delay the implementation of its order
pending appeal.