[Ord. No. 3650 § 1, 2-6-2017]
A.
It shall be unlawful for any person to manufacture, blend, distill,
brew or sell intoxicating liquor in the City without first having
obtained the appropriate license therefore from the City. A separate
license shall be required for each place of business.
B.
Any druggist may have in his/her possession intoxicating liquor purchased
by him/her from a licensed vendor under a license pursuant to this
law, or intoxicating liquor lawfully acquired at the place of acquisition
and legally transported into this State, and lawfully inspected, gauged
and labeled as provided for in this law; such intoxicating liquor
to be used in connection with the business of a druggist, in compounding
medicines or as a solvent or preservant, provided that nothing in
this law shall prevent a regularly licensed druggist, after he/she
procures a license therefore in compliance with this law, from selling
intoxicating liquor in the original packages, but not to be drunk
or the packages opened on the premises where sold and provided, further,
that nothing in this Chapter shall be construed as limiting the right
of a physician to prescribe intoxicating liquor in accordance with
his/her professional judgment for any patient at any time, or prevent
a druggist from selling intoxicating liquor to a person on prescription
from a regularly licensed physician as above provided.
C.
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) 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, commonly known as "Super Bowl Sunday" is played, 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 Section 600.020.
D.
This Chapter shall not apply to any organization, club, corporation,
whether for profit or not-for-profit, any fraternal organization or
society or other private group which has been in existence within
the corporate City limits and which may have maintained its facilities
therein prior to the passage of this Chapter including, but not limited
to, the Lake Saint Louis Community Association Country Club. Any such
qualifying organization, as listed herein above, shall be allowed
to make application for a Certificate of Exclusion and may be granted
such certificate, at the discretion of the Board of Aldermen, until
such time, if ever, as there occurs a cessation of such organization's
activities; such cessation of its activities, within the corporate
City limits, being for a period of not less than thirty (30) days.
[Ord. No. 3650 § 1, 2-6-2017]
A.
No person shall be granted a license unless:
1.
The applicant is of good moral character and a qualified legal
voter and taxpaying citizen of the County, Town, City or Village where
he/she resides in this State; nor shall any corporation be granted
a license pursuant to this Chapter, unless the managing officer of
such corporation is of good moral character and a qualified legal
voter and taxpaying citizen of the County, Town, City or Village where
he/she resides in this State.
2.
No person shall be granted a license or permit pursuant to this
Chapter whose license as such dealer has been revoked, or who has
been convicted since the date of the ratification of the Twenty-First
(21) Amendment to 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 permit or license has been revoked or who
has been convicted of violating such law since the date aforesaid.
3.
Issuance of the requested license would be in the best interests
of the City and the owners, residents and occupants of property in
the locality of the proposed business.
4.
The applicant 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.
B.
Nothing in this Section shall prevent the issuance of licenses to
non-residents of this State or foreign corporations for the privilege
of selling to duly licensed wholesalers and soliciting orders for
the sale of intoxicating liquors to, by, or through a duly licensed
wholesaler, within this State.
[Ord. No. 3650 § 1, 2-6-2017]
A.
All applications for liquor licenses shall be made in writing to
the City License Officer on forms provided. The forms shall provide
for, and the applications shall contain, spaces for:
1.
A designation of the kind of license desired.
2.
A description of the premises to which said license is to apply
and the location or address thereof.
3.
The name, place of residence and mailing address of the person,
association, partners or corporation and managing officer thereof
for whom the license is sought.
4.
The dates and places of all revocations of intoxicating liquor
licenses and all convictions of any law applicable to the manufacture
or sale of intoxicating liquor since the ratification of the Twenty-First
(21) Amendment to the Constitution of the United States, if any, and
the dates and disposition of any misdemeanor, infraction, traffic
or felony charges of any person involved in the business.
5.
The term of the license.
6.
The signature of the applicant.
B.
Applicants for annual licenses to sell alcoholic beverages within
the City limits may be required to meet with the City License Officer
as part of the application or renewal process.
C.
An application for a license pursuant to this Chapter shall be filed
in the office of the City License Officer. At the time of filing the
application, the applicant shall submit to the City License Officer
the amount of license charge. If the license is not granted, the license
charge shall be refunded.
D.
Applications for licenses may be filed at any time when the applicant
does not hold a license issued pursuant to and after the first (1st)
day of July of each year, but for the renewal of any license held
by an applicant expiring on the thirtieth (30th) day of June of any
year, the applications for renewal must be filed on or before the
first (1st) day of June of each calendar year after such date. An
application for renewal not duly filed as required by this Section
shall not be approved; and no license shall be granted thereon by
the City License Officer for at least thirty (30) days after the filing
of the application for renewal.
E.
Should applicant receive written notice of non-issuance and be denied licensing due to any of the provisions of this Chapter, the licensee shall have the right to appeal the decision of the City License Officer, as set out in Section 600.250 of this Chapter.
F.
In case of failure to submit the completed renewal application required under Subsection (C) of this Section on or before the first (1st) day of June, there shall be added to the amount of the renewal fee a late charge of one hundred dollars ($100.00) from the second (2nd) day of June to the last day of June; a late charge of two hundred dollars ($200.00) if the renewal application is submitted on the first (1st) day of July to the last day of July; or a late charge of three hundred dollars ($300.00) if the renewal application is submitted after the last day of July.
[Ord. No. 3650 § 1, 2-6-2017; Ord.
No. 4344, 2-22-2022]
Any person possessing the qualifications, and meeting the Missouri
requirements, who is licensed to sell intoxicating liquor in the original
package at retail under Section 311.200, RSMo., may apply to the City
for a special license to sell intoxicating liquor in the original
package at retail between the hours of 6:00 a.m. on Sundays and 1:30
a.m. on Mondays. A licensee under this Section shall pay to the City
License Officer a fee one and one-half (1 1/2) times the State
fee, payable at the same time and in the same manner as its other
license fees.
[Ord. No. 3650 § 1, 2-6-2017]
A.
Notwithstanding any other provision of this Chapter, a permit for
the sale of intoxicating liquor as defined in this Chapter for consumption
on premises where sold 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.
B.
To secure the permit, the applicant shall complete a form provided
by the City, but no applicant shall be required to furnish a personal
photograph as part of the application. The applicant shall pay a fee
one and one-half (1 1/2) times the State fee for such a permit.
C.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 6:00 a.m.
[Ord. No. 4344, 2-22-2022]
D.
At the same time that an applicant applies for a permit under the
provisions of this Section, the applicant shall certify to the City
of the holding of the event and, by such notification by certified
mail, shall accept responsibility for the collection and payment of
any applicable sales tax.
E.
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.
[Ord. No. 3650 § 1, 2-6-2017]
The City License Officer of the City of Lake Saint Louis is
hereby authorized to issue a tasting-on-premises liquor license. Any
person possessing the qualifications and meeting the requirements,
and who is licensed to sell intoxicating liquor in the original package
at retail, may apply for a special permit to conduct wine, malt beverage
and distilled spirit tasting on the licensed premises. Such application
does not require separate approval by the Board of Aldermen, and the
special license provided for herein may be issued forthwith upon the
receipt of the application and special license fee. In addition to
all other fees required by law, a licensee shall pay a fee one and
one-half (1 1/2) times the State fee for a wine, malt beverage
and distilled spirits tasting permit, payable at the same time and
in the same manner as its other license fees.
[Ord. No. 3650 § 1, 2-6-2017]
A.
No person shall sell, or offer for sale, intoxicating liquor in the
City of Lake Saint Louis 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. A separate license shall be taken out for each
of the following classes of licenses in which a person desires to
engage, and said license fees shall be paid annually:
1.
Manufacturing, Brewing, Etc. — Licenses.
a.
For the privilege of manufacturing and brewing in this City
malt liquor containing not in excess of five percent (5%) of alcohol
by weight, and the privilege of selling to duly licensed wholesalers
and soliciting orders for the sale of malt liquors containing not
in excess of five percent (5%) of alcohol by weight, to, by or through
a duly licensed wholesaler within this City, shall pay a fee one and
one-half (1 1/2) times the State fee.
b.
For the privilege of manufacturing in this City 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 City, shall pay
a fee one and one-half (1 1/2) times the State fee.
c.
For the privilege of manufacturing, distilling or blending intoxicating
liquor of all kinds within this City, and the privilege of selling
to duly licensed wholesalers and soliciting orders for the sale of
intoxicating liquor of all kinds, to, by or through a duly licensed
wholesaler within this City, shall pay a fee one and one-half (1 1/2)
times the State fee.
2.
Liquor Solicitor.
a.
For the privilege of selling to a duly licensed wholesaler and
soliciting orders for the sale of malt liquor or beverage containing
not in excess of five percent (5%) of alcohol by weight, to, by or
through a duly licensed wholesaler within this City, shall pay a fee
one and one-half (1 1/2) times the State fee.
b.
For 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 City, shall pay
a fee one and one-half (1 1/2) times the State fee.
c.
For the privilege of selling to duly licensed wholesalers and
soliciting orders for the sale of intoxicating liquor of all kinds,
to, by or through a duly licensed wholesaler within this City, shall
pay a fee one and one-half (1 1/2) times the State fee.
3.
Liquor Manufacturer/Solicitor — Licenses.
a.
For the privilege of selling intoxicating liquor containing
not in excess of five percent (5%) of alcohol by weight by a wholesaler
to a person duly licensed to sell such malt liquor at retail, and
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of malt liquor containing not in excess of five
percent (5%) of alcohol by weight, to, by or through a duly licensed
wholesaler within this City, shall pay a fee one and one-half (1 1/2)
times the State fee.
b.
For the privilege of selling intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight by
a wholesaler to a person duly licensed to sell such intoxicating liquor
at retail, 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 City, shall pay
a fee one and one-half (1 1/2) times the State fee.
c.
For the privilege of selling intoxicating liquor of all kinds
by a wholesaler to a person duly licensed to sell such intoxicating
liquor at retail provided, however, that a license authorizing the
holder to sell to duly licensed wholesalers and to solicit orders
for sale of intoxicating liquor, to, by or through a duly licensed
wholesaler, shall not entitle the holder thereof to sell within the
City of Lake Saint Louis, direct to retailers; provided further, a
wholesaler's license shall not authorize or entitle the holder thereof
to sell to other wholesalers or to solicit orders for the sale of
intoxicating liquors to, by or through a duly licensed wholesaler
within this City, shall pay a fee one and one-half (1 1/2) times
the State fee.
4.
Original Package — Licenses.
a.
For the privilege of selling intoxicating liquor at retail in
the original package, where such liquor shall not be consumed upon,
or such original package not be opened upon, the premises where sold,
shall pay a fee one and one-half (1 1/2) times the State fee.
b.
For the privilege of selling intoxicating liquor in the original
package at retail between the hours of 6:00 a.m. on Sundays and 1:30
a.m. on Mondays, shall pay a fee one and one-half (1 1/2) times
the State fee.
[Ord. No. 4344, 2-22-2022]
5.
Liquor By The Drink — Licenses.
a.
For the privilege of selling at retail by the drink, for consumption
on the premises where sold, malt liquor or beverages containing alcohol
not in excess of five percent (5%) by weight, shall pay a fee one
and one-half (1 1/2) times the State fee. This license may include
Sunday sales between the hours of 6:00 a.m. on Sundays and 1:30 a.m.
on Mondays.
[Ord. No. 4344, 2-22-2022]
b.
For the privilege of selling at retail by the drink, for consumption
on the premises where sold, all kinds of intoxicating liquor, including
the sale of intoxicating liquor in the original package, shall pay
a fee one and one-half (1 1/2) times the State fee.
c.
For the privilege of selling malt liquor containing alcohol
manufactured from pure hops or pure extract of hops or pure barley
malt or wholesome grains or cereals and wholesome yeast and pure water,
or light wines containing not in excess of fourteen percent (14%)
of alcohol by weight exclusively from grapes, berries and other fruits
and vegetables, or both such malt liquor and wine to be sold by the
drink at retail for consumption on the premises where sold, shall
pay a fee one and one-half (1 1/2) times the State fee.
C.
Miscellaneous Licenses/Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses
the qualifications, meets the requirements and complies with the provisions
of this Chapter may apply for a special permit to sell intoxicating
liquor for consumption on premises where sold. The fee for said temporary
permit for sale by the drink to be limited to a maximum of seven (7)
days, shall pay a fee one and one-half (1 1/2) times the State
fee.
2.
Tasting Permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(4)(a) and (b) 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. The fee for said tasting permit shall be a fee one and one-half (1 1/2) times the State fee.
3.
Consumption License. Any person who meets the qualifications
identified in this Chapter to sell liquor by the drink and who operates
premises where food, beverages or entertainment are sold or provided
for compensation, who does not possess a license for the sale of intoxicating
liquor, is permitted to apply for a consumption license to permit
the drinking or consumption of intoxicating liquor on the premises,
but not the sale of liquor, without having a license for the sale
of liquor by the drink. The consumption license permits a person operating
a business where food, beverages, entertainment and/or use of the
facility are provided for compensation to allow others who use such
premises to consume intoxicating liquor. Issuance of a consumption
license shall be limited to those persons operating such businesses
that comply with the requirements of Section 311.480, RSMo. The drinking
or consumption of intoxicating liquor shall be in accordance with
Section 311.480, RSMo. Licenses issued hereunder shall be conditioned
upon the observance of the provisions of this Section and the regulations
promulgated thereunder governing the conduct of premises licensed
for the sale of intoxicating liquor by the drink. The provision of
this Section regulating the drinking or consumption of intoxicating
liquor between certain hours and on Sunday, shall apply also to premises
licensed under this Chapter to sell intoxicating liquor by the drink.
The fee for said consumption license shall be a fee one and one-half
(1 1/2) times the State fee.
4.
Caterers. Any person who possesses the qualifications, meets
the requirements and complies with the provisions of Section 311.485,
RSMo., may apply for a caterer's license for a fee one and one-half
(1 1/2) times the State fee, per each calendar day, with the
limitations as set out in Section 311.485, RSMo.
D.
Of the annual license charge to be paid for any license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month is counted as one (1) month) remaining from the date of the
license to the next succeeding July first (1st).
E.
In case any license issued under the provisions of this Chapter is
revoked, surrendered or forfeited by the licensee, not used or used
only for a part of the license period, after the effective beginning
date of such license, no refund of any license fee or part thereof
shall be made.
[Ord. No. 3650 § 1, 2-6-2017]
No license shall be granted by the City License Officer unless
the application and deposit of license fee has been made as required
in this Chapter and the license has been approved by the Board of
Aldermen. The City License Officer shall issue such license, which
shall describe the kind of license, the license charge, the premises
on which sale is to be made, the name of the license holder, the date
of issuance, and the period of time for which said license is granted.
[Ord. No. 3650 § 1, 2-6-2017]
A.
License applicant may be disqualified from holding a license or permit,
if they have been convicted of:
1.
A felony related to the manufacturing or sale of intoxicating
liquor.
2.
Any violation of any Federal or State law or local ordinance
concerning the sale, manufacture, distribution, warehousing, adulteration,
or transportation of alcoholic beverages.
3.
Any crime involving moral turpitude.
4.
Driving under the influence of alcohol or drugs on two (2) or
more occasions within the last five (5) years.
B.
In the case of a partnership, corporation, or limited liability company the proscription under this Section applies if any of the following has been convicted of any offense described in Subsection (A):
C.
CONVICTED or CONVICTION
CRIME INVOLVING MORAL TURPITUDE
FELONY
As used in this Section:
A determination of guilt by a judge or a jury, upon either
a trial or entry of a plea, in any court, including a court not of
record, which has not been reversed on appeal.
A crime that involves actions done knowingly contrary to
justice, honesty, or good morals. It is also described as a crime
that is "malum in se" as opposed to "malum prohibitum" - actions that
are immoral in themselves regardless of being punishable by law as
opposed to actions that are wrong only since they are prohibited by
statute. A crime of moral turpitude ordinarily involves an element
of falsification or fraud or of harm or injury directed to another
person or another's property. For purposes of this rule, crimes of
moral turpitude may include crimes involving controlled substances,
illegal drugs, and narcotics.
Any crime punishable by a term of imprisonment in excess
of one (1) year.
[Ord. No. 3650 § 1, 2-6-2017]
A.
No liquor license shall be transferable or assignable except as provided
in this Section. In the event of the death of the licensee, the widow
or widower or the next of kin of the deceased who shall meet the other
requirements of this Chapter, may make application and the City License
Officer may transfer the 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.
B.
Whenever one (1) or more members of a partnership withdraws from
the partnership, the City License Officer, upon request, shall permit
the remaining 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.
[Ord. No. 3650 § 1, 2-6-2017]
Each license issued in compliance with this Article shall expire
on the thirtieth (30th) day of June next succeeding the beginning
date of the license.
[Ord. No. 3650 § 1, 2-6-2017]
It shall be the duty of the Police of the City of Lake Saint
Louis to see that the provisions of this Chapter and of other ordinances
of the City in regard to the sale of intoxicating liquors are obeyed,
and to report to the Chief of Police any place where intoxicating
liquor is sold which is not kept in an orderly manner or in violation
of any of the provisions hereof or any person selling intoxicating
liquor in the City of Lake Saint Louis without a license.
[Ord. No. 3650 § 1, 2-6-2017]
A.
Grounds For Suspension Or Revocation. The grounds for suspension or revocation of a license issued pursuant to this Chapter 600 may, include, but not be limited to, the following actions:
1.
A licensee has failed to keep an orderly place or house or has
failed to keep and maintain the premises as set forth in this Chapter;
or
2.
The license held by the licensee was obtained through materially
false statements in the application for such license or renewal thereof;
or
3.
The licensee failed to make a complete disclosure of all pertinent
information in the application for such license or renewal thereof;
or
4.
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 license was issued;
or
5.
Anything has occurred which would render the licensee or the
licensed premises ineligible or unsuitable for a license under the
provisions of this Chapter; or
6.
That such licensee is in violation of any Federal or State Liquor
Control Act; or
7.
That the conduct of the business violates, or the licensed premises
or the licensee are in violation of, any provision of the City Code
or State law; or
8.
The licensed premises has been discontinued or abandoned; or
9.
A licensee or any employee, agent or servant of the licensee
has otherwise violated any of the provisions of this Chapter.
B.
Procedure.
1.
The Board of Aldermen may, upon recommendation of the Chief
of Police or City License Officer, conduct a hearing to determine
if any license issued under authority of this Chapter should be suspended
or revoked.
2.
The licensee shall be given not less than ten (10) days' written
notice prior to the hearing. The notice shall set out the reasons
for which the hearing is called and shall command the person holding
the license to be present at such hearing and show cause, if any,
why such license should not be suspended or revoked. Such notice shall
be served by a Police Officer or agent of the office of the City License
Officer and may be served upon the licensee, or leaving a copy thereof
with the licensee, or with a person or employee in charge of the place
of business of said licensee, or by mailing said notice by certified
mail to the licensee at his/her last known business or residence address,
or by posting a copy of said notice on the licensed premises. The
Board of Aldermen shall render a final decision and report such decision
to the licensee within ten (10) business days after the date of the
hearing.
3.
When the Board of Aldermen revokes or suspends a liquor license,
the licensee shall be given written notice of such revocation or suspension.
Such notice shall apprise the licensee of the specific violations.
4.
The notice of revocation or suspension shall be issued and served
upon the licensee by a Police Officer or an agent of the office of
the City License Officer and may be served upon the licensee by leaving
a copy thereof with the licensee, or with a person or employee in
charge of the place of business of said licensee, or by mailing said
notice by certified mail to the licensee at his/her last known business
or residential address, or by posting a copy of said notice on the
licensed premises.
C.
Effect Of Revocation; Suspension.
1.
Whenever any license shall be revoked by the Board of Aldermen
under the terms and provisions of this Chapter, the licensee shall
not thereafter be eligible for any license provided for in this Chapter.
2.
No licensee who shall have experienced a suspended license by
order of the Board of Aldermen shall sell or give away any alcoholic
beverage during the period of time such order of suspension is in
effect. Any licensee desiring to keep said premises open for the sale
of food or merchandise during such period of suspension shall display
the order of suspension issued by the Board of Aldermen in a conspicuous
place on the premises so that all persons visiting the premises may
readily see the order of suspension.
3.
In case any license issued under the provisions of this Chapter
is suspended, revoked, surrendered or forfeited by the licensee, not
used or used for only part of the license period, after the effective
beginning date of the license, no refund of any license charge or
part thereof shall be made.
4.
The findings of the Board of Aldermen shall be final and conclusive
and shall be served upon the appellant in the manner provided above
for service of notices of suspension or revocation.
[Ord. No. 3650 § 1, 2-6-2017; Ord.
No. 4190, 2-1-2021]
In addition to the requirements and licenses herein, the City's Zoning Code contains regulations on the placement and permitting of certain types of liquor establishments. Refer to Chapter 420, Use Regulations, of the Municipal Code.
[Ord. No. 3650 § 1, 2-6-2017]
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 (11) inches by fourteen (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.
[Ord. No. 3650 § 1, 2-6-2017]
All licenses issued pursuant to the provisions of this Chapter
shall be kept conspicuously posted in the place for which such license
was issued.
