[CC 1976 §3-1; Ord. No. 92-49, 9-28-1992; Ord. No. 2003-29 §1, 4-29-2003; Ord. No. 2024-04, 4-8-2024]
As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section:
AMUSEMENT PLACE
Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played, or has a dance floor of at least two thousand five hundred (2,500) square feet, or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.
DISORDERLY PLACE OR HOUSE
A licensee under this Chapter is maintaining or operating a disorderly place or house when the following violations occur:
1. 
Any acts of immorality;
2. 
Any acts of lewd conduct (including as set forth in Section 600.155);
3. 
Breaches of the peace;
4. 
Exceeding occupancy limit of premises;
5. 
Suffering or permitting any acts prohibited under this Chapter;
6. 
Violation(s) of any provision of this Chapter;
7. 
Violation(s) of other City ordinances or State law or State regulations applicable to the premises;
8. 
The liquor and/or business license was obtained through materially false statements in the application for such license;
9. 
The licensee failed to make a complete disclosure of all pertinent information in the application for such liquor and/or business license;
10. 
The licensee, since the issuance of such license, has ceased to be the person actually engaged in the active control and management of the particular establishment for which the liquor and/or business license was issued;
11. 
The licensed premises are no longer used for the purposes permitted by the liquor and/or business license and after five (5) days' written notice, the licensee has failed to respond or satisfactorily explain the change; or
12. 
Anything has occurred which would render the licensed premises ineligible or unsuitable for a liquor and/or business license under the provisions of this Chapter.
FAILED TO KEEP AN ORDERLY PLACE OR HOUSE
A licensee under this Chapter has failed to keep an orderly place or house when a licensee under this Chapter has:
1. 
Had the Police called frequently to the licensed premises;
2. 
Failed to control the licensed premises;
3. 
Sold intoxicating liquor or beer at the licensed premises to minors or persons already intoxicated;
4. 
Failed to cooperate with properties neighboring the licensed premises; and/or
5. 
Failed to cooperate with reasonable suggestions pertaining to the licensed premises made by the Police Department or the Supervisor of Liquor Control.
The list of examples of failure to keep an orderly place or house shall be by way of example only and shall not be deemed to be exclusive in nature.
INTOXICATING LIQUOR
Shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent (.5%) by volume except for non-intoxicating beer as defined in Section 312.010, RSMo. All beverages having an alcoholic content of less than one-half of one percent (.5%) by volume shall be exempt from the provisions of this Chapter, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
MALT LIQUOR
Intoxicating liquor manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grain or cereals and wholesome yeast and pure water containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight and commonly called and known as beer.
NON-PROFIT ORGANIZATION
A charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of Federal income taxes as provided in Section 501(c) (3), 501(c) (4), 501(c) (5), 501(c) (7), 501(c) (8), 501(c) (10), 501(c) (19), or 501(d) of the United States Internal Revenue Code of 1954, as amended.
PERSON
Shall mean and include any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal Court.
PREMISES
Shall include that building or portion of any building in which a licensee hereunder has his/her place of business and any additional building or portion of any building used in connection therewith, and the entire lot or lots, parcel or parcels of land on which said buildings are situated, or which are used in connection with said buildings.
RESTAURANT BAR
Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.
SALE BY THE DRINK
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.
TAVERN
Any licensed establishment which serves full liquor by the drink on the premises for which not more than ten percent (10%) of the gross sales receipts of the business are supplied by food purchases.
[CC 1976 §3-2; Ord. No. 92-49, 9-28-1992]
Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for, or in any way receiving any intoxicating liquor, malt liquor, or non-intoxicating beer, except in the cases authorized by law, shall upon conviction be deemed guilty of a misdemeanor. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for, or in any way receiving any intoxicating liquor, malt liquor, or non-intoxicating beer, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.
[CC 1976 §3-3; Ord. No. 92-49, 9-28-1992; Ord. No. 2008-38 §1, 10-27-2008]
A. 
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 as defined in Section 600.010 or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purpose of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
B. 
For purposes of determining violations of any provision of this Chapter or of any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
C. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older;
2. 
Is enrolled in an accredited college or university and is a student in a culinary course;
3. 
Is required to taste, but no 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 Subdivision (3) of this Subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
[CC 1976 §3-4; Ord. No. 92-49, 9-28-1992]
A. 
Except as provided in Subsections (B) and (C) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor, malt liquor, or non-intoxicating beer.
B. 
In any place of business licensed in accordance with Articles II — V of this Chapter, where at least fifty percent (50%) of the gross sales made consists of goods, merchandise, or commodities other than intoxicating liquor, malt liquor, or non-intoxicating beer in the original package, not to be consumed on the premises, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack for carry-out intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor, malt liquor, or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
C. 
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, malt liquor, or non-intoxicating beer 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 or non-intoxicating beer.
The operator's or chauffeur's license issued under the provisions of Section 302.177, RSMo., or the operator's or chauffeur's license issued under laws of the different States of the United States, or an identification card as provided for under Section 302.181, RSMo., or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any agent of the Division of Liquor Control or any licensee or the servant, agent or employee thereof for the purpose of aiding the licensee or the servant, agent or employee to determine whether or not the person is at least twenty-one (21) years of age when such person desires to purchase or consume alcoholic beverages procured from a licensee. Upon such presentation the licensee or the servant, agent or employee thereof shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
Any licensee under this Chapter, or his employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor or non-intoxicating beer in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor or non-intoxicating beer to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a misdemeanor, except that this Section shall not apply to the supplying of intoxicating liquor or non-intoxicating beer to a person under the age of twenty-one (21) years for medical purposes only, or to the administering of such intoxicating liquor or non-intoxicating beer to any person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment.
[Ord. No. 2004-16 §1, 3-9-2004]
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, 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.
No person having a license under this Code nor any employee of such person shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his/her premises any intoxicating liquor or non-intoxicating beer 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. Sunday and 6:00 A.M. Monday, except as otherwise provided in this Chapter. If such person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays, and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty upon conviction of an ordinance violation. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.
[CC 1976 §3-9; Ord. No. 92-49, 9-28-1992; Ord. No. 94-72 §1, 11-29-1994]
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and 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 provision of Section 600.080 of this Chapter or any other provisions to the contrary.
[CC 1976 §3-10; Ord. No. 92-49, 9-28-1992; Ord. No. 2004-23 §1, 4-13-2004]
No person, corporation, employee, officer, agent, subsidiary or affiliate thereof shall have more than three (3) licenses; or be directly or indirectly interested in any business of any other person, corporation or employee, officer, agent, subsidiary or affiliate thereof who sells intoxicating liquor at retail by the drink for consumption on the premises described in any license; or sell intoxicating liquor at retail by the drink for consumption at the place of sale at more than three (3) places in this State.
[CC 1976 §3-11; Ord. No. 92-49, 9-28-1992]
When a sale of intoxicating liquor by the drink is made, the container in which the intoxicating liquor is served in every case shall be emptied and consumed on the premises and the contents thereof served as other intoxicating liquors sold by the drink are served.
[CC 1976 §3-12; Ord. No. 92-49, 9-28-1992]
No person, agent, or any employee of any person in any capacity shall sell intoxicating liquor, malt liquor, or non-intoxicating beer, in any other place or premises than that designated in the license, or at any time or otherwise than is authorized by this Chapter and the regulations as herein provided.
[CC 1976 §3-13; Ord. No. 92-49, 9-28-1992]
It shall be unlawful for the holder of any license authorized by this Chapter, for the sale of any intoxicating liquor or non-intoxicating beer at retail by the drink for consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete 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 license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.
[CC 1976 §3-14; Ord. No. 92-49, 9-28-1992]
Any druggist may have in his/her possession intoxicating liquor purchased by him/her from a licensed vendor under a license pursuant to the Liquor Control Act of the State, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State, and lawfully inspected, gauged and labeled as provided for in the Liquor Control Act of the State; such intoxicating liquor to be used in connection with the business of a druggist, in compounding medicines or as a solvent or preservant; provided, that nothing in the Liquor Control Act of the State shall prevent a regularly licensed druggist, after he/she procures a license therefor in compliance with the Liquor Control Act of the State, from selling intoxicating liquor in the original packages, but not to be drunk or the packages be opened on the premises where sold; and provided further, that nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his/her professional judgment for any patient at any time, or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as provided above.
[CC 1976 §3-15; Ord. No. 92-49, 9-28-1992]
A. 
It shall be the duty of the Police of the City to see that the provisions of this Chapter and of other ordinances of the City in regard to the sale of intoxicating liquor, malt liquor, and non-intoxicating beer are obeyed, and to report to the Marshal or Chief of Police any place where intoxicating liquor is sold at retail which is not kept in an orderly manner or in violation of any of the provisions of this Chapter, or any person selling intoxicating liquor, malt liquor or non-intoxicating beer in the City without a license.
B. 
It shall be the duty of the Marshal or Chief of Police to report all such infractions immediately to the City Council.
[Ord. No. 2016-08 §1, 6-13-2016]
A. 
It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, wine, or beer, or his/her employee to permit in or upon his/her licensed premises:
1. 
The performance of acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts that are prohibited by law;
2. 
The displaying of any portion of the areola of the female breast or failing to cover the entire areola and entire front of a female breast with opaque fabric, metallic or plastic material;
3. 
The actual touching, caressing or fondling of the breast, buttocks, anus or genitals;
4. 
The actual displaying of the pubic hair, anus, vulva or genitals or failing to cover pubic hair, anus, vulva or genitals with opaque fabric, metallic or plastic material;
5. 
Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus or failing at any time to have and keep opaque fabric, metallic or plastic material over all parts of his/her genitals and anus; and
6. 
The displaying of films, video or DVD programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by any other law.
B. 
In addition to the licensee and/or his/her employee being subject to all penalties contained in this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.