When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played or has a dance floor of at least twenty-five
hundred (2,500) square feet or any outdoor golf course with a minimum
of nine (9) holes and which has annual gross receipts of at least
one hundred thousand dollars ($100,000.00) of which at least fifty
thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic
sales.
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, except for non-intoxicating beer
as defined herein. 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 in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight manufactured from pure hops or pure extract
of hops or pure barley malt or wholesome grains or cereals and wholesome
yeast and pure water.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops
and pure barley malt or other wholesome grains or cereals and wholesome
yeast and pure water and free from all harmful substances, preservatives
and adulterants and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
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 or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles 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.
RESTAURANT BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
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. 2006 § 600.021; Ord. No.
3-2004, 3-16-2004; Ord. No. 1-2013 §§ 1 — 3, 3-20-2013]
A. No charitable, fraternal, religious, service or veterans organization
exempt from the payment of Federal income taxes as provided in Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10),
501(c)(19), or 501(d) of the United States Internal Revenue Code shall
sell or offer to sell intoxicating liquor for consumption on the premises
where sold (other than pursuant to valid temporary permit for sale
by the drink) without having first obtained a general license from
the City of Greenfield for sale of intoxicating liquor by a tax-exempt
organization.
B. The cost of the general license shall be five hundred dollars ($500.00)
per year.
C. Application for the license and renewal of the license shall be as provided in Section
600.050.
D. Any charitable, fraternal, religious, service or veterans organization exempt from the payment of Federal income taxes and licensed under this Section shall be subject to all provisions of Chapter
600 regulating the licensing, sale and distribution of intoxicating liquor by the drink.
E. No more than one (1) general license for sale of liquor by the drink
by a charitable, fraternal, religious, service or veterans organization
exempt from the payment of Federal income taxes as provided in Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10),
501(c)(19), or 501(d) of the United States Internal Revenue Code shall
be issued for each two thousand five hundred (2,500) residents of
the City as determined by the last decennial census of the United
States.
F. No general license for the sale of liquor by the drink may be issued
to any charitable, fraternal, religious, service or veterans organization
exempt, or otherwise, from the payment of Federal income taxes as
provided in Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8),
501(c)(10), 501(c)(19), or 501(d) of the United States Internal Revenue
Code or to any other person or persons unless the sale of intoxicating
liquor by the drink is specifically approved by a formal resolution
enacted by the Board of Aldermen for the City of Greenfield.
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:
License Type Listing
|
---|
Code
|
Description
|
Fee
|
State Statute
|
---|
RBD
|
Retail Liquor By the Drink
|
$450.00
|
311.200.5
|
RBDR
|
Retail Liquor By the Drink Resort
|
$450.00
|
311.095
|
RBDE
|
Retail Liquor By the Drink Exempt
|
$450.00
|
311.090
|
RBDK
|
Retail Liquor By the Drink Entertainment
|
$450.00
|
311.086
|
5BD
|
5% By Drink (includes Sunday Sales)
|
$75.00
|
311.200.3
|
5BDW
|
5% By Drink Wine
|
$75.00
|
311.200.4
|
*5SBD
|
5% Sunday by the Drink
|
$300.00
|
311.090/93/96/97/ 98/102/104
|
32BD
|
3.2% Non Intoxicating Beer by Drink
|
$37.50
|
312.100.1(3)
|
*SBD
|
Sunday By Drink
|
$300.00
|
311.090/93/96/97/ 98/102
|
*SBDT
|
Sunday By Drink Temporary
|
(90 days) $75.00
|
311.097/311.098
|
*SOP
|
Sunday Original Package Liquor
|
$300.00
|
311.293
|
RBDT
|
Retail Liquor By Drink Resort Temporary
|
(90 days) $112.50
|
311.095
|
RDSR
|
Retail Liquor By Drink Seasonal Resort
|
(per month) $37.50
|
311.095
|
RDST
|
Retail Liquor By Drink Seasonal R Temp
|
(90 days) $112.50
|
311.095
|
RBDP
|
Retail Liquor By Drink Picnic
|
(7 days) $37.50
|
311.482
|
5WP
|
5% Beer by Drink Wine Picnic
|
(7 days) $150.00
|
311.218
|
*RBDC
|
Retail Liquor By Drink Caterer
|
(per day) $15.00
|
311.485
|
*RDC1
|
Caterer Retail by Drink Unlimited
|
$1,500.00
|
311.486
|
*RDC5
|
Caterer Retail by Drink 50 days maximum
|
$750.00
|
311.486
|
*5BWC
|
5% Beer Wine Caterer
|
(per day) $15.00
|
311.485
|
OPL
|
Original Package Liquor
|
$150.00
|
311.200.1
|
5OP
|
Original Package 5% Beer (includes Sunday)
|
$75.00
|
311.200.2
|
32OP
|
Original Package 3.2% Beer
|
$22.50
|
312.100.1(4)
|
*OPT
|
Original Package Tasting
|
$37.50
|
311.294
|
COL
|
Consumption of Intoxicating Liquor
|
$90.00
|
311.480
|
MICB
|
Microbrewery (per 100 gallon)
|
$7.50
|
311.195
|
MWBD
|
Missouri Wine By Drink
|
$450.00
|
311.070.10
|
*Secondary License Type = Requires a Primary License to Qualify
|
[R.O. 2006 §§ 600.050 — 600.051; Ord. No. 9-2005, 8-16-2005; Ord. No. 4-2013 §§ 1 — 3, 5-1-2013]
A. Prohibited Near Schools And Churches.
1.
No license shall be granted for the sale of any 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 Board of Aldermen, 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.
2.
Subsection
(A)(1) 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 received an exemption from the payment of Federal taxes.
3.
Subsection
(A)(1) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
B. Prohibited Near Residential Areas.
1.
"Residential Area" as used in this Chapter shall mean any distinct
geographical area which is zoned for residences or in which seventy-five
percent (75%) or more of the structures within that area are single-family
residences or duplexes.
2.
No license shall be issued for a business serving alcoholic
beverages when the proposed business location is in a residential
area. For this purpose, the "residential area" shall be considered
as the area within a circle extending five hundred (500) feet in all
directions from the center of the proposed business location.
3.
Existing business locations serving alcoholic beverages shall
be exempt from this provision.
4.
The provisions of this Section shall not apply to any premises
located within the Special Economic Redevelopment Zone established
by ordinance as that area surrounding the Courthouse Square and extending
therefrom one (1) contiguous block in all directions.
[R.O. 2006 § 600.050; Ord. No.
7-2012 §§ 1 — 3, 12-5-2012]
A. Filing Of An Application. Each application for an original or renewal
license shall be filed with the City Clerk on a form to be provided
by the City signed and sworn to by the applicant. Each application
shall be accompanied by a proper remittance reflecting the appropriate
license fee made payable to the City.
B. Qualifications. Neither the applicant nor any officer or director
of a corporate applicant shall have been convicted of a felony or
of any distribution, sale or possession of any controlled substances
or dangerous drugs. The applicant shall present with the application
a bona fide sale contract or option duly executed, which may be subject
to the applicant obtaining a liquor license, or a bona fide lease
duly executed by the lessor or an option for a lease duly executed,
subject to the applicant obtaining a liquor license, covering the
property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, and whether said corporation operates
any other business or controls or is controlled by any other corporation
or business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C. Hearing On Application. Upon the filing of the application with the Clerk, the Clerk shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of his or her hearing. The hearing shall be conducted in accordance with Section
600.090 of this Chapter.
1.
The Board shall approve the application if after the hearing
it finds that:
a.
Issuance of the requested license would be in the best interests
of the locality of the proposed business;
b.
The applicant is a person otherwise qualified to sell intoxicating
liquors under the laws of the State of Missouri;
c.
No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
d.
The applicant has not been convicted since the ratification
of the Twenty-First Amendment to the Constitution of the United States
of the violation of any law applicable to the sale of intoxicating
liquor or that such applicant has not employed in his/her business
any person whose license has been revoked or who has been convicted
of violating the provisions of such law since the date aforesaid;
e.
The appellant plans and proposes to conduct a retail liquor
business in compliance with the laws of the State of Missouri, the
ordinances of the City and the provisions of this Chapter.
D. Upon approval of any application for a license the Clerk shall grant
the applicant a license to conduct business in the City for a term
to expire with the 30th day of June next succeeding the date of such
license, unless such license be revoked or suspended for cause before
the expiration of such time.
E. Applications for renewal of licenses must be filed on or before the
first day of May of each calendar year. Such renewal application shall
be reviewed by the Board at its next meeting. Upon approval of the
majority of the Board and payment of the license fee provided herein,
the Clerk shall renew the license. In the event that any person residing
or conducting businesses within two hundred (200) feet of the applicant's
place of business shall file a written protest against the renewal
of such license, the Board shall conduct a hearing on the application
for license renewal as provided in this Subsection.
[R.O. 2006 § 600.075; Ord. No.
9-2000, 9-7-2000]
A. No licensee or employee of such licensee of any establishment where
intoxicating liquor or nonintoxicating beer is sold for consumption
on the premises shall allow a person under the age of twenty-one (21)
to be present on the premises.
1.
This provision shall not apply to licensed establishments which
sell food for consumption on the premises if at least fifty percent
(50%) of all sales in those places consists of food.
2.
A violation of this provision is punishable under the penalty provisions of Section
100.220.
3.
A violation of this provision shall also be grounds for the suspension or revocation of any license issued by the City pursuant to Chapter
600.
[R.O. 2006 § 600.076; Ord. No.
9-2000, 9-7-2000]
A. No person under the age of twenty-one (21) shall enter, attempt to
enter or be present on premises licensed for the sale at retail of
intoxicating liquor or non-intoxicating beer where the premises are
posted against the entry or presence of persons under the age of twenty-one
(21) according to the method of posting as hereinafter described,
unless the underage person is legally employed in an establishment.
B. Persons licensed for sale at retail of intoxicating liquor or non-intoxicating
beer may post their premises to prohibit persons under the age of
twenty-one (21) from entering or being present thereon according to
the following procedure. A posting notice is to be affixed in a plainly
visible manner to the exterior of all doors through which entry can
be had to the interior of the licensed premises. The notice is to
be at least eight (8) inches by eleven (11) inches in size. The posting
notice is to contain the words "Warning to persons under age 21, these
premises are posted against your entry or presence". The letters on
the sign are to be at least one-half (1/2) inches high. The signs
are to be rigidly fastened to the entrance doors by means of nails,
screws or comparable holding devices.
C. A person commits the offense of underage person on posted premises, punishable under Section
100.220, if he/she, being under the age of twenty-one (21), enters attempts to enter or is present on premises licensed for the sale of intoxicating liquor or non-intoxicating beer, where the premises are posted against the entry or presence of persons under the age of twenty-one (21) according to the method of posting provided in this Section.