[Ord. No. 3650 § 1, 2-6-2017[1] [2]]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises and no intoxicating liquor is being consumed.
DISORDERLY PLACE OR HOUSE
A licensee under this Chapter is maintaining or operating a disorderly place or house when the following violations occur:
1. 
Any acts of immorality.
2. 
Any acts of lewd conduct such as sexually unchaste or licentious behavior.
3. 
Breaches of the peace.
4. 
Exceeding occupancy limit of premises.
5. 
Suffering or permitting any acts prohibited under this Chapter.
6. 
Violation(s) of any provision of this Chapter.
7. 
Violation(s) of other City ordinances or State laws or State regulations applicable to the premises.
8. 
The liquor and/or business license was obtained through materially false statements in the application for such license or renewal thereof.
9. 
The licensee failed to make a complete disclosure of all pertinent information in the application for such liquor and/or business license or renewal thereof.
10. 
The licensee, since the issuance of such license, has ceased to be the person actually engaged in the active control and management of the particular establishment for which the liquor and/or business license was issued.
11. 
The licensed premises are no longer used for the purposes permitted by the liquor and/or business license and after five (5) days' written notice, the licensee has failed to respond or satisfactorily explain the change.
12. 
Anything has occurred which would render the licensed premises ineligible or unsuitable for a liquor and/or business license under the provisions of this Chapter.
FAILED TO KEEP AN ORDERLY PLACE OR HOUSE
A licensee under this Chapter has:
1. 
Had the Police called frequently to the licensed premises.
2. 
Failed to control the licensed premises.
3. 
Sold intoxicating liquor or beer at the licensed premises to minors or persons already intoxicated.
4. 
Failed to cooperate with properties neighboring the licensed premises.
5. 
Failed to cooperate with reasonable suggestions pertaining to the licensed premises made by the Police Department or the City License Officer.
The list of examples of failure to keep an orderly place or house shall be by way of example only and shall not be deemed to be exclusive in nature.
FINANCIAL INTEREST
All interest, legal or beneficial, direct and 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.
INTOXICATING LIQUOR
Includes alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one half of one percent (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, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
MALT LIQUOR
Any liquor containing alcohol not in excess of five percent (5%) by weight, manufactured from pure hops or pure extraction of hops or pure barley malt or wholesome grain or cereals and wholesome yeast and pure water.
ORIGINAL PACKAGE
Any package containing fifty (50) milliliters or more of intoxicating liquor, excepting malt liquor, or any package containing three (3) or more standard bottles of malt liquor.
PERSON
Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal court.
SALE BY THE DRINK
The sale of any intoxicating liquor except malt liquor in the original package in any quantity less than fifty (50) milliliters.
WINE
Wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
[1]
Editor's Note: Section 2 set out an effective date of July 1, 2017 for Ord. No. 3650, which set out a new Chapter 600, Alcoholic Beverages.
[2]
Editor's Note: Former Chapter 600, Alcoholic Beverages, containing Sections 600.010 through 600.130, which derived from CC 1988 §§ 51.010 — 51.100; Ord. No. 600 § 1, 1-16-1989; Ord. No. 642 § 1, 8-10-1989; Ord. No. 733 § 1, 1-7-1991; Ord. No. 744 § 1, 3-5-1991; Ord. No. 790 § 1, 3-2-1992; Ord. No. 798 § 1, 4-20-1992; Ord. No. 823 § 1, 9-8-1992; Ord. No. 844 § 1, 12-14-1992; Ord. No. 889 § 1, 6-21-1993; Ord. No. 988 §§ 1 — 2, 10-17-1994; Ord. No. 1067 § 1, 12-18-1995; Ord. No. 1259 § 1, 1-19-1998; Ord. No. 1310 § 1, 6-15-1998; Ord. No. 1651 § 1, 9-17-2001; Ord. No. 1962 § 1, 1-5-2004; Ord. No. 1991 § 1, 3-15-2004; Ord. No. 2048 §§ 1 — 2, 8-2-2004; Ord. No. 2264 § 1, 3-20-2006; Ord. No. 2953 §§ 1 — 3, 3-7-2011; Ord. No. 2980 § 1, 6-6-2011; Ord. No. 3172 § 1, 5-6-2013; Ord. No. 3548 § 1, 5-16-2016 was repealed 2-6-2017 by § 1 of Ord. No. 3650.
[Ord. No. 3650 § 1, 2-6-2017]
A. 
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. upon or about his/her premises. If the 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 between the hours of 1:30 a.m. and 6:00 a.m. every day of the week. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation.
[Ord. No. 4344, 2-22-2022]
B. 
Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.
[Ord. No. 3650 § 1, 2-6-2017]
The City Clerk shall be the City License Officer and shall issue, in the name of the City, all licenses and permits required by this Article to all qualified applicants therefor, after all required taxes and fees have been paid and requirements met in accordance with the provision of this City Chapter.
[Ord. No. 3650 § 1, 2-6-2017]
A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing from the City, except that when a school, church or place of worship shall hereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within one hundred (100) 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.
[Ord. No. 3650 § 1, 2-6-2017]
The sale or consumption, either in a vehicle or otherwise, of any intoxicating liquor upon any public street, highway, thoroughfare, sidewalk, alley, public park, public parking lot or upon any private property, without the permission of the owner or occupant of the property, or in any place open to the public, other than premises or grounds specifically licensed to sell intoxicating liquors, is hereby declared to be unlawful.
[Ord. No. 3650 § 1, 2-6-2017]
Licensees shall, at all times, keep and maintain the premises, both interior and exterior, in a clean, orderly and sanitary condition. During business hours, the licensee shall keep the premises lighted sufficiently so that both the interior and the exterior may be inspected easily. Windows of the premises shall not be obstructed so as to prevent reasonable viewing of the interior from the exterior thereof.
[Ord. No. 3650 § 1, 2-6-2017]
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 drug store, 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 law. For every license for sale at retail in the original package, the licensee shall pay to the City the sum as set out in Section 600.190.
[Ord. No. 3650 § 1, 2-6-2017]
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. 3650 § 1, 2-6-2017]
It shall be unlawful for the holder of any license authorized by this Chapter for the sale of any intoxicating liquor at retail by-the-drink for consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete, in or upon the premises described in such license, any intoxicating liquor, other than the kind of liquor expressly authorized to be sold by such license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.
[Ord. No. 3650 § 1, 2-6-2017]
A. 
Any licensee under this Chapter, or his/her employee, who shall 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, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of an ordinance violation, except that this Section shall not apply 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 any person by a duly licensed physician.
B. 
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, is guilty of an ordinance violation.
C. 
It shall be a defense to prosecution under this Section if:
1. 
The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof.
2. 
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.
3. 
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.
[Ord. No. 3650 § 1, 2-6-2017]
A. 
Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession any intoxicating liquor as defined in Section 600.010, or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood, is guilty of an infraction. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened, or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
B. 
For purposes of determining violations of any provision of this Chapter, or of any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
C. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older.
2. 
Is enrolled in an accredited college or university and is a student in a culinary course.
3. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum.
4. 
Tastes a beverage under Subdivision (3) of this Subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university. The beverage must, at all times, remain in the possession and control of an authorized instructor of the college or university who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
[Ord. No. 3650 § 1, 2-6-2017]
A. 
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. Any person under the age of seventeen (17) years who shall represent that he/shehas 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.
B. 
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., 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 five hundred dollars ($500.00) for each separate offense.
[Ord. No. 3650 § 1, 2-6-2017]
A. 
Except as provided in Subsections (B), (C) and (D) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.
B. 
In any place of business licensed in accordance with Section 311.200, or Section 312.040, RSMo., persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register and accept payment for, and sack for carryout, 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.
C. 
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. Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor.
D. 
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.