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:
BEER
A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
[Ord. No. 1401-21, 3-9-2021]
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
INTOXICATING LIQUOR
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.
LIGHT WINES
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.
MALT LIQUOR
As defined by Section 311.490, RSMo.
MICROBREWERY
A business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less.
[Ord. No. 1401-21, 3-9-2021]
ORIGINAL PACKAGE
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.
PERSON
An individual, association, firm, joint-stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court.
RESORT
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.
TWENTY-TWO PERCENT (22%) WHOLESALE SOLICITOR
A business whose has a Missouri state license for the selling of intoxicating liquor containing not in excess of twenty-two percent (22%) alcohol by weight. [Section 311.180.1(8), RSMo.]
[Ord. No. 1573-24, 2-13-2024]
TWENTY-TWO PERCENT (22%) WINE AND BEER
Beer or Wine containing not more than twenty-two percent (22%) alcohol by weight.
[Ord. No. 1573-24, 2-13-2024]
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 Park Hills without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.
B. 
General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor:
1. 
Package Liquor — Malt Liquor Only. Sales of malt liquor at retail by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold. This license may include Sunday sales as set out in Subsection (C).
2. 
Package Liquor — All Kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
3. 
Liquor By The Drink — Malt Liquor/light Wine Only (Resort License Only). Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section.
4. 
Malt Liquor By The Drink (Resort License Only). Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales as set out in Subsection (C).
5. 
Liquor By The Drink — All Kinds (Resort License Only). Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.
C. 
Sunday Sales. Except for any establishment that may apply for a license under Section 311.089, RSMo., any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail may apply to the City for a special license to sell intoxicating liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
D. 
Permits.
1. 
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. 
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3. 
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
a. 
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b. 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Sections 311.218, 311.482, 311.485, or 311.486, 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.
E. 
Special Licenses For Liquor By The Drink — All Kinds.
[R.O. 2016 § 600.120(A)(7) – (10)]
1. 
Resorts, Seasonal Resort Restaurants, Restaurants, Sale Of Liquor By The Drink, Resort Defined, Temporary License, New Businesses, When.
a. 
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the Supervisor of Liquor Control may issue, a license to sell intoxicating liquor, as in this Chapter defined, by the drink at retail for consumption on the premises of any resort as described in the application.
b. 
A "seasonal resort restaurant" is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty percent (50%) of all gross sales of such restaurant shall be sales of prepared meals. Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty percent (50%) shall be sales of prepared meals. The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid. Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license. Nothing in this Subsection shall prohibit a seasonal resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this Chapter.
c. 
Any new resort or restaurant establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of annual gross receipts of not 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. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.
2. 
Controlled Access Liquor Cabinet System For Qualified Establishments — Definitions — License Employees, Requirements — Temporary License, When — Sales To Establishment, Requirements.
a. 
As used in this Subsection, the following terms mean:
CONTROLLED ACCESS LIQUOR CABINET
A closed container, either refrigerated in whole or in part or non-refrigerated, access to the interior of which is restricted by means of a locking device which requires the use of a key, access by means of a locking device as hereinabove described.
CONTROLLED ACCESS LIQUOR CABINET SYSTEM
A system for the sale of intoxicating liquor in qualified packages or containers in the rooms provided for the overnight accommodation of transient guests in a qualified establishment by means of a controlled access liquor cabinet and such system shall permit the licensee to maintain in the rooms provided for the overnight accommodation of transient guests a controlled access liquor cabinet in which such licensee may maintain for sale intoxicating liquor in qualified packages or containers, together with, if desired, other beverages or food, and such system shall permit the adult registered guests of the room in which such controlled access liquor cabinet is indicated to use the key, magnetic card or other similar device to gain access to such controlled access liquor cabinet to obtain the intoxicating liquor or other beverages or food for consumption.
QUALIFIED ESTABLISHMENT
Any establishment having at least forty (40) rooms for the overnight accommodation of transient guests and 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, which restaurant's annual gross food sales for the past two (2) years immediately preceding its application for a license shall not have been less than one hundred thousand dollars ($100,000.00) per year or, if such restaurant has been in operation for less than two (2) years, such restaurant has been in operation for at least ninety (90) days preceding the application for license for sale of intoxicating liquor by means of controlled access liquor cabinets and has a projected experience based upon its sale of food during the preceding ninety (90) days which would exceed one hundred thousand dollars ($100,000.00) per year.
QUALIFIED PACKAGES OR CONTAINERS
Packages or containers for intoxicating liquor, other than beer or other malt liquor, which hold not less than fifty (50) milliliters and not more than two hundred (200) milliliters and any packages containers for beer or other malt liquor.
REGISTERED GUEST
Each person who signs his/her name to the guest register of the qualified establishment or takes some other equivalent action for the purpose of registering as a guest of such qualified establishment.
ROOM
A room in a qualified establishment which is intended to be used as, and which is provided for, the overnight accommodation of transient guests.
b. 
Notwithstanding any other provision of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter and who now or hereafter meets the requirements of and complies with the provisions of this Chapter and who operates a qualified establishment and who is licensed to sell liquor by the drink at retail with respect to such qualified establishment may apply for, and the City shall issue, a license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system on and subject to the following terms and conditions.
(1) 
The key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room may be provided only to each adult registered guest who is registered to stay in such room;
(2) 
Prior to providing a key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room to the registered guest, the licensee shall verify that each such registered guest to whom such key, magnetic card or similar device is to be provided is not a minor as defined by Section 311.310, RSMo.;
(3) 
All employees handling the intoxicating liquor to be placed in the controlled access liquor cabinet, including without limitation any employee who inventories and/or restocks and replenishes the intoxicating liquor in the controlled access liquor cabinet, shall be at least eighteen (18) years of age and shall obtain such employee permits as the City, County or other local governmental entity in which the qualified establishment is located requires to be obtained by employees of the restaurant operated at such qualified establishment; provided, however, that no such employee permits shall be required of any employee who handles the intoxicating liquor in the original case and who does not open such original case;
(4) 
Registered guests may use the key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in such registered guest's room at anytime; provided, however, that no controlled access liquor cabinet may be restocked or replenished with intoxicating liquor, nor shall any intoxicating liquor be delivered to a room in order to restock or replenish the supply of intoxicating liquor in the controlled access liquor cabinet at any time when the restaurant operated at the qualified establishment is not permitted to sell liquor by the drink at retail pursuant to the provisions of this Chapter;
(5) 
Upon request from the registered guest at any time, the qualified establishment shall cause all intoxicating liquor to be removed from the controlled access liquor cabinet in the room of such registered guest as soon as reasonably practicable; and
(6) 
The qualified establishment shall have the right to collect payment for the intoxicating liquor or other beverages or food taken from the controlled access liquor cabinet in the room of a registered guest in such manner as it shall determine to be appropriate, including without limitation the inclusion of such charges together with the charges made to such registered guest for the use of the room or for purchase of meals at the restaurant operated at such qualified establishment.
c. 
Any new qualified establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system for a period not to exceed ninety (90) days if such establishment can show a projection of an annual business from prepared meals or food which would exceed not less than one hundred thousand dollars ($100,000.00) per year.
d. 
In addition to any right to sell granted pursuant to any other provision of this Chapter, a duly licensed wholesaler shall be permitted to sell intoxicating liquor to a qualified establishment in any size of qualified packages or containers for use in a controlled access liquor cabinet system; provided, however, that as to any size of qualified packages or containers which could not be legally sold to the qualified establishment except for the provisions of this Section, any such size of qualified packages or containers shall be sold by the qualified establishment only by means of the controlled access liquor cabinet system.
3. 
Any charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of Federal income taxes as provided in the United States Internal Revenue Code, as amended, may apply for, and the City may issue, a license to sell intoxicating liquor, as defined in this Chapter, by the drink at retail for consumption on the premises described in the application.
4. 
Picnic, Bazaar, Fair Or Similar Gathering. 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.
F. 
Microbrewery Licenses.
[Ord. No. 1401-21, 3-9-2021]
1. 
A microbrewer's license shall authorize the licensee to:
a. 
Manufacture beer and malt liquor in quantities not to exceed ten thousand (10,000) barrels per annum.
b. 
Store beer manufactured on the premises or manufactured on another microbrewery premises that is wholly owned and operated by the same licensee for use and consumption upon the premises. The holder of a microbrewer's license may apply for and the City may issue a license to sell all kinds of intoxicating liquor, as defined in this Chapter, by the drink at retail for consumption on the premises of the microbrewery or in close proximity to the microbrewery. No holder of a microbrewer's license, or any employee, officer, agent, subsidiary or affiliate thereof, shall have more than ten (10) licenses to sell intoxicating liquor by the drink at retail for consumption on the premises.
2. 
The holder of a microbrewer's license may also sell beer and malt liquor produced on the brewery premises to duly licensed wholesalers. However, holders of a microbrewer's license shall not, under any circumstances, directly or indirectly, have any financial interest in any wholesaler's business, and all such sales to wholesalers shall be subject to the restrictions of Sections 311.181 and 311.182, RSMo.
3. 
A microbrewer who holds a City microbrewer license and is a holder of a license to sell intoxicating liquor by the drink at retail for consumption on the premises shall be exempt from the provisions of Section 311.280, RSMo., for such intoxicating liquor that is produced on the premises in accordance with the provisions of this Chapter. All other intoxicating liquor sold by the drink at retail for consumption on the premises that the microbrewer possesses a license for must be obtained in accordance with Section 311.280, RSMo.
G. 
Twenty-Two Percent (22%) Wholesale Solicitor License; [Section 311.180.1(8), RSMo.].
[Ord. No. 1573-24, 2-13-2024]
1. 
For the privilege of manufacturing intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this State, there shall be paid and collected a license fee of two hundred dollars ($200.00).
2. 
Twenty-Two Percent (22%) Wholesale Solicitor Licenses: license fee of two hundred dollars ($200.00).
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 11:00 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 City Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the City 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.
A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within three hundred (300) 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 three hundred (300) 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 three hundred (300) 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 the adoption of the 2021 City Code 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:
1. 
General Licenses.
a. 
Malt liquor — original package: $75.00.
b. 
Intoxicating liquor (all kinds) — original package: $150.00.
c. 
Malt liquor — by drink (resort license only): $75.00.
d. 
Malt liquor and light wines — by drink (resort license only): $75.00.
e. 
Intoxicating liquor (all kinds) — by drink (resort license only): $450.00.
2. 
Sunday Sales (additional Fee).
a. 
Intoxicating liquor at retail: $300.00.
3. 
Permits.
a. 
Temporary permit — by the drink for certain organizations [seven (7) days maximum]: $37.50.
b. 
Tasting permit: $37.50.
c. 
Caterers: $15.00 per each calendar day.
4. 
Microbrewery Licenses: $7.50 for each one hundred (100) barrels or fraction thereof, up to a maximum license fee of $375.00.
[Ord. No. 1401-21, 3-9-2021]
B. 
Of the license fee to be paid for any such license, the applicant shall pay as many 12ths as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July 1.
[R.O. 2016 § 600.125; Ord. No. 806-08 § 1, 9-9-2008; Ord. No. 1016-13 § 1, 2-12-2013]
A. 
The City Administrator 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 issued by any City or County 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 serving alcoholic beverages at such function, occasion or event during the hours alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued under this Section, the permittee shall pay fifteen dollars ($15.00) for each calendar day, or fraction thereof, for which the permit is issued.
B. 
All provisions of the ordinances, rules and regulations of the City shall extend to the premises in which such function, occasion or event is held 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.
[R.O. 2016 § 600.126; Ord. No. 1019-13 § 1, 3-12-2013]
A. 
The City Administrator may issue a special license to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises issued by any City or County who furnish provisions and service for use at a particular function, occasion, or event at a particular location within the City of Park Hills other than the licensed premises, but not including a festival as defined in Chapter 316, RSMo. The special license shall be effective for a maximum of fifty (50) days during any year, 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 within the City of Park Hills. For every special license issued under this Subsection, the licensee shall pay the sum of seven hundred fifty dollars ($750.00) a year.
B. 
The City Administrator may issue a special license to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises issued by any City or County who furnish provisions and service for use at a particular function, occasion, or event at a particular location within the City of Park Hills other than the licensed premises, but not including a festival as defined in Chapter 316, RSMo. The special license shall be effective for an unlimited number of functions during the year, 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 within the City of Park Hills. For every special license issued under this Subsection, the licensee shall pay the sum of one thousand five hundred dollars ($1,500.00) a year.
C. 
Caterers issued a special license pursuant to Subsections (A) and (B) of this Section shall report to the City Administrator the location of each function four (4) business days in advance. The report of each function shall include permission from the property owner, description of the premises, and the date or dates the function will be held.
D. 
Except as provided in Subsection (E) of this Section, all provisions of the liquor control law and the ordinances, rules and regulations of the City of Park Hills shall extend to the premises in which such function, occasion, or event is held and shall be in force and enforceable during all the time that the licensee, its agents, servants, employees, or stock are in such premises. Any special license issued under this Section shall allow the sale of intoxicating liquor in the original package.
E. 
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 or her catering business.
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."
2. 
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 CFR 16.20 to 16.22.
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:
(1) 
The container shall be inspected visually for contamination;
(2) 
The container shall only be filled or refilled by the retailer's employee; and
(3) 
The filling or refilling shall be in compliance with the Food and Drug Administration Code 2009, Section 3-304.17(c).
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.
6. 
After filling or refilling a container, the container shall be sealed as set forth in Subsection (A) of this Section.
[R.O. 2016 § 600.130; CC 1994 § 11.205]
A. 
No person shall be granted a license hereunder unless such person is of good moral character nor shall any corporation be granted a license unless the managing officer of such corporation is of good moral character; and, except as otherwise provided under Subsection (G) of this Section, no person shall be granted a license hereunder whose license as such dealer 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, since the ratification of the 21st Amendment of 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/her business as such dealer, any person whose license has been revoked or who has been convicted of violating such laws since the date aforesaid.
B. 
No person, partnership or corporation shall be qualified for a license under this law if such a 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 law shall have had a license revoked under this law, 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 Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.
C. 
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 so long as any such employee does not directly participate in retail sales of intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the Chief of Police.
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 shall require all applicants for licenses to file written statements, under oath, containing the information reasonably required to administer this Chapter. Statements by applicants for licenses 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.
A. 
Application.
[R.O. 2016 § 600.140; CC 1994 § 11.210; Ord. No. 670-06 § 1, 2-14-2006]
1. 
Application forms for all licenses mentioned in this Chapter shall be obtained from the City Clerk and shall be filed with the City Clerk accompanied with a proper remittance made payable to the City of Park Hills.
2. 
The City Clerk shall turn the application over to the City Administrator to determine whether the application for license meets the statutory and Municipal Code requirements for approval.
a. 
Disapproval. If the application is not approved, the City Administrator shall state in writing the reasons and grounds for not approving the application. The City Clerk shall then notify the applicant, in writing, setting forth therein the reasons and grounds for not approving the application and shall refund the applicant's remittance.
b. 
Approval. If the application is approved, the City Clerk shall immediately issue to the applicant the appropriate license and simultaneously forward the applicant's remittance to the City Collector. The City Collector shall immediately issue a receipt in duplicate for the payment with one (1) copy being filed with the City Clerk and the Collector keeping one (1) copy.
3. 
All applications for licenses under this Chapter shall contain information to establish that the premises to be licensed meets all requirements of the Park Hills Municipal Code and the State Statutes of Missouri.
B. 
Term, Number, And Renewal.
[R.O. 2016 § 600.150; CC 1994 § 11.220; Ord. No. 552-04 § 1, 6-8-2004; Ord. No. 822-08 § 1, 12-9-2008; Ord. No. 891-10 § 1, 3-9-2010]
1. 
The granting of a license under this Chapter shall entitle the licensee to conduct business in the City for a term to expire with the 30th day of June next succeeding the date of the license. A separate license shall be required for each place of business. Of the license tax to be paid for any such license, the applicant shall pay the entire sum assessed of one (1) payment, at the same time the application is filed.
2. 
Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder and the license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
3. 
Applications for renewal of licenses must be filed on or before the first day of May of each year.
4. 
Places Of Sale Restricted.
a. 
Notwithstanding any other provision of this Chapter, no granting of a license for the sale by the drink at retail for consumption upon the premises where sold of either malt liquor not in excess of five percent (5%) by weight (hereinafter referred to as "malt liquor"), or light wines containing not in excess of fourteen percent (14%) of alcohol by weight (hereinafter referred to as "light wine"), shall entitle the licensee to make such sales at any location on Main Street between Municipal Drive and Flat River Drive or on Science Street between Main Street and Mulberry Street or on Coffman Street between T.J. Stewart Drive and Taylor Avenue.
b. 
The prohibition set forth in Subsection (B)(4)(a) above shall not apply to the following two (2) scenarios:
[Ord. No. 1401-21, 3-9-2021; Ord. No. 1573-24, 2-13-2024]
(1) 
The premises where the malt liquor and/or light wines are to be sold has a microbrewery license or a twenty-two percent (22%) wholesale solicitor license as provided for in this Chapter; or
(2) 
The premises where the malt liquor and/or light wines are to be sold is contained within a restaurant, the malt liquor and/or light wines are sold and consumed only during the hours of operation of the restaurant, and the restaurant either:
(a) 
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 the premises; or
(b) 
Has a gross income derived from the sale of prepared meals or food consumed on such premises which is equal to or greater than the gross income derived from the sale of alcohol.
c. 
Temporary License.
(1) 
Any person who intends to apply for a license under the exception set forth above in Subsection (B)(4)(b) may be issued a temporary license to sell malt liquor and light wines by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if said person and the owner or the manager of the restaurant jointly state that they expect:
(a) 
The total annual gross receipts from prepared foods or food consumed on the premises of the restaurant (within which is located the premises where malt liquor and/or light wines are to be sold) to be equal to or greater than the projection of total annual gross receipts from the sale of alcohol on the premises where malt liquor and/or light wines are to be sold; or
(b) 
The annual business from prepared meals or food consumed on the premises of the restaurant (within which is located the premises where malt liquor and/or light wines are to be sold) to exceed not less than two hundred thousand dollars ($200,000.00).
(2) 
The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment selling malt liquor and/or light wines.
5. 
Notwithstanding any other provision of this Chapter, no granting of a license to any organization set forth in the next sentence shall entitle the licensee to sell by the drink at retail for consumption upon the premises where sold intoxicating liquor, as defined in this Chapter, at any location on Main Street between Municipal Drive and Flat River Drive or on Science Street between Main Street and Mulberry Street or on Coffman Street between T. J. Stewart Drive and Taylor Avenue. This Subsection (E) shall apply to any 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), 501(d) of the United States Internal Revenue Code of 1954, as amended.
C. 
Expiration Of License For Non-Use. If, for a period of thirty (30) days, any licensee under this Chapter shall not operate his/her business, his/her license shall be deemed to have expired and become null and void; provided, that any such license will not be deemed to have expired if the business of the licensee shall be inoperative by reason of any act of God, accident or some other cause beyond the control of the licensee.
[R.O. 2016 § 600.170; CC 1994 § 11.230]
D. 
No Refund For Unexpired Term Of License. No refund shall be made for any unexpired term of any license issued under this Chapter.
[R.O. 2016 § 600.180; CC 1994 § 11.235]
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.
[R.O. 2016 § 600.090; CC 1994 § 11.140]
1. 
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, except in cases authorized by law, shall upon conviction be deemed guilty of an ordinance violation.
2. 
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, 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.
3. 
In addition to any other penalties established in Subsection (C)(1) of this Section, any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of an ordinance violation and shall be subject to a fine of up to five hundred dollars ($500.00) for each separate offense.
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 (0.02%) 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.
H. 
Any violation of a provision of this Chapter shall be subject to a fine of no more than five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months or by both such fine and imprisonment.
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, U.S. 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.