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:
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
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
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.
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.
[Ord. No. 1166-16 § 600.115, 10-17-2016]
The following schedule shall be followed
in determining the classification, license fee and the maximum number
of licenses available for each category:
Category
|
Fee
|
Number
|
---|
Consumption of intoxicating liquor
|
$60.00
|
5
|
Domestic winery (per 500 gallon)
|
$5.00
|
5
|
Liquor manufacturer solicitor
|
$450.00
|
5
|
Liquor solicitor
|
$250.00
|
5
|
Liquor wholesale solicitor
|
$500.00
|
5
|
Microbrewery (per 100 barrels)
|
$5.00
|
5
|
Missouri-produced wine by drink
|
$300.00
|
5
|
Original package liquor
|
$75.00
|
10
|
Original package liquor caterer /
50 events
|
$500.00
|
5
|
*Original package - tasting
|
$25.00
|
5
|
Retail liquor by drink
|
$150.00
|
5
|
Retail liquor by drink – boat
|
$300.00
|
5
|
*Retail liquor by drink caterer (per
day)
|
$10.00
|
5
|
*Retail liquor by drink temp festival
(per day)
|
$10.00
|
5
|
*5% beer and wine temporary festival
(per day)
|
$10.00
|
5
|
Retail liquor by drink tax exempt
|
$300.00
|
5
|
Retail by drink Entertainment District
|
$300.00
|
5
|
Retail liquor by drink picnic (7
days)
|
$25.00
|
5
|
Retail liquor by drink resort
|
$150.00
|
10
|
Retail liquor by drink resort temporary
(90 days)
|
$75.00
|
5
|
*Retail liquor by drink caterer /
unlimited
|
$1,000.00
|
5
|
*Retail liquor by drink caterer /
50 events
|
$500.00
|
5
|
Retail liquor by drink seasonal resort
(per month)
|
$25.00
|
5
|
Retail liquor by drink seasonal temp.
(90 days)
|
$75.00
|
5
|
*Sunday liquor by drink (fee includes
retail liquor by drink)
|
$175.00
|
5
|
*Sunday by drink convention (fee
includes retail liquor by drink)
|
$600.00
|
5
|
*Sunday – original package
liquor (fee includes original package liquor)
|
$175.00
|
10
|
Transportation
|
$10.00
|
5
|
Vintage wine auctioneer
|
$500.00
|
2
|
Vintage wine auctioneer – municipality
|
$50.00
|
2
|
Vintage wine solicitor
|
$500.00
|
5
|
Wine direct shipper
|
No fee
|
5
|
22% manufacturer solicitor
|
$200.00
|
5
|
22% solicitor
|
$100.00
|
5
|
22% wholesale solicitor
|
$200.00
|
5
|
5% beer by drink (includes Sunday
sales)
|
$52.50
|
5
|
5% beer by drink – beer and
light wine
|
$52.50
|
5
|
*5% beer and wine caterer (per day)
|
$10.00
|
5
|
5% manufacturer solicitor
|
$250.00
|
5
|
Original package 5% beer
|
$52.50
|
5
|
5% solicitor
|
$50.00
|
5
|
*5% Sunday by the drink wine
|
$200.00
|
5
|
5% beer and light wine June 15–July
15 (max. 7 days)
|
$100.00
|
5
|
5% wholesale solicitor
|
$100.00
|
5
|
Any liquor license permitted by the
State of Missouri but not specifically listed here will have a fee
of one (1.0) times the rate set by the State of Missouri, with a maximum
number of licenses set at five (5).
|
* Secondary License Type = Requires
A Primary License To Qualify
|
In cases where the number of applicants
for a category of license exceeds the maximum number of licenses available,
the licenses shall be issued to existing licensees, and, thereafter,
if any licenses are available, they shall be issued on the basis of
a blind drawing of lots in a manner giving each applicant an equal
chance of being selected to receive an available license.
|
Of the license fee to be paid for
any such license, the applicant shall pay as many twelfths (1/12)
as there are months [part of a month counted as one (1) month] remaining
from the date of the license to the next succeeding July 1.
|
A special permit shall be issued
to an out-of-state manufacturer of intoxicating liquor who is not
licensed in the State of Missouri for participation in festivals,
bazaars, or similar events. Registration requirements under Section
311.275, RSMo., shall be waived for such event. The amount of intoxicating
liquor shipped in the State under this permit shall not exceed two
hundred (200) gallons. Excise taxes shall be paid by the licensed
manufacturer that holds a retail license organizing the event in the
same manner as if it were produced or purchased by the manufacturer.
A permit issued under this Section by the City shall be valid for
no more than seventy-two (72) hours. An applicant shall complete a
form provided by the City and the Supervisor of Alcohol and Tobacco
Control and pay a fee of thirty-seven dollars and fifty cents ($37.50)
before a special permit shall be issued.
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.
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.