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.
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.
[R.O. 2012 § 600.020; Amend. #7, 1-9-1984; #9, 6-2-1986; #11, 4-4-1988; all
to Ord. No. 45; Ord. No. 139, 4-21-1992; Ord. No. 153, 7-6-1993; Ord. No. 178, 1-3-1995; Ord. No. 194, 10-17-1995; Ord. No. 206, 8-20-1996; Ord. No. 208A § 1, 3-4-1997; Ord. No. 278, 8-5-2003; Ord. No.
278, 8-5-2003; Ord. No. 303, 8-16-2005; Ord. No. 321, 4-1-2008; Ord. No. 324, 7-1-2008; Ord. No. 351, 9-21-2010]
A. It shall be unlawful for any person to sell or expose for
sale in the City intoxicating liquor, as herein defined, in any quantity
without first obtaining a license therefore from the City. The license
which may be granted, the total number of said licenses and the annual
fees to be paid for each license shall be as follows:
1.
For the sale of all kinds of intoxicating liquor
by the drink for consumption on premises of the licensee, which license
shall include the sale of intoxicating liquor in the original package.
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Number Allowed: 13
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Fee: $450.00
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2.
For the sale of all kinds of intoxicating liquor
in the original package not to be consumed on the premises where sold.
Nor shall any original package be opened on the premises.
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Number Allowed: 6
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Fee: $150.00
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3.
For the sale in the original package of malt
liquor containing not in excess of five percent (5%) alcohol by weight,
not to be consumed on the premises where sold. This license also includes
sales between the hours of 9:00 A.M. and Midnight on Sunday.
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Number Allowed: 3
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Fee: $75.00
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4.
For the sale of malt liquor at retail by drink
for consumption on the premises where sold. This license also includes
sales between the hours of 9:00 A.M. and Midnight on Sunday.
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Number Allowed: 3
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Fee: $75.00
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5.
Any person or business possessing the qualification
required by Chapter 311, RSMo., and who now or hereafter meets the
requirements of and complies with the provisions of said Chapter 311,
RSMo., thereof and is licensed by the State of Missouri to sell intoxicating
liquor by the drink at retail for consumption on the premises of any
restaurant bar for the hours as set forth in Chapter 311, RSMo., on
Sunday, and any person possessing the qualifications and meeting the
requirements of this Chapter who is licensed to sell intoxicating
liquor in the original package at retail Chapter 311, RSMo., thereof
and is licensed by the State of Missouri to sell intoxicating liquor
for the hours as set forth in Chapter 311, RSMo., on Sunday may apply
for, and the Board of Aldermen may issue, a license to sell intoxicating
liquor as in this Chapter defined.
a.
Such applicant shall pay a fee of three hundred
dollars ($300.00) in addition to all other fees. Such fee shall be
payable at the same time and in the same manner as other license fees.
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Number Allowed: 18
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Fee: $300.00
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6.
For the sale of malt liquor and light wines containing
not in excess of fourteen percent (14%) of alcohol by weight made
exclusively from grapes, berries and other fruits and vegetables,
at retail by the drink for consumption on the premises where sold.
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Number Allowed: 2
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Fee: $75.00
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7.
If an applicant does not obtain a license from
the State of Missouri within one hundred twenty (120) days of submitting
the request for a license from the City, the application to the City
shall expire and the applicant must resubmit a new application with
the appropriate fees to the City. There shall be no refund of fees
to an applicant that does not obtain a license from the State of Missouri
within said one-hundred-twenty-day period.
8.
An applicant that has received approval for a
license from the City shall have one hundred twenty (120) days from
the date of approval to obtain a license from the State of Missouri
and if no license is obtained within said period, the applicant must
resubmit an application to the City with the appropriate fees.
B. All such licenses shall be issued as of July of each year
and the license shall expire on the last day of June of the following
year. All license fees collected by the City shall be accounted for
and paid into the City Treasury. If the license is issued for less
than one (1) year, the fee shall be one-twelfth (1/12) of the annual
fee for each month, or fraction thereof, remaining in the licensed
year. No refunds for licenses purchased shall be made for any period,
except that credit for the unexpired terms of all presently issued
liquor licenses shall be allowed for all renewal liquor licenses issued
as of July 1, 1980.
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.