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:
ALCOHOLIC BEVERAGES
All beverages regulated by this Chapter, including intoxicating
liquor, light wines, and malt liquor.
[Ord. No. 24-2021, 9-27-2021]
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 as set out in Section
311.490, RSMo.
[Ord. No. 24-2021, 9-27-2021]
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.
PREMISES
The portion of any building in which a licensee under this
Chapter has his/her place of business and any additional building
or portion thereof used in connection therewith, and the entire lot
or lots, parcel or parcels of land on which said buildings are situated,
or which are used in connection with the buildings.
[Ord. No. 24-2021, 9-27-2021]
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.
[Ord. No. 24-2021, 9-27-2021]
SUNDAY SALES
The sale of intoxicating liquor, including malt liquor, sold
between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
[Ord. No. 24-2021, 9-27-2021]
[Ord. No. 24-2021, 9-27-2021]
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."
[Ord. No. 24-2021, 9-27-2021]
A. Package Sales, Limitations. 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 Chapter or law.
B. Operating Hours.
1.
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. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said 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 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one (1) room only, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
2.
When January 1, March 17, July 4 or December 31 falls on Sunday,
and on the Sundays prior to Memorial Day and Labor Day and on Super
Bowl Sunday, 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 this Chapter to the contrary.
C. Sale By The Drink.
1.
A sale by the drink may be made only by a holder of a retail
liquor dealer's license.
2.
When a sale by the drink is made, the container in every case
shall be emptied and the contents thereof served as other intoxicating
liquors sold by the drink are served.
D. General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted
on the premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
No license issued under this Chapter shall be transferable or
assignable except as herein provided. In the event of the death of
the licensee, the widow or widower or the next of kin of such deceased
licensee, who shall meet the other requirements of this Chapter, may
make application and the Clerk may transfer such 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.
Whenever one (1) or more members of a partnership withdraws from the
partnership, the City Clerk, upon being requested, shall permit the
remaining partner or 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.
4.
In the event any licensee desires to change the location of
his/her place of business in the City, it shall be necessary for him/her
to file an application in the same manner as herein provided for an
original application, except that no additional fee shall be charged
and the amended license, describing the new location, shall be issued
immediately upon the approval of the application by the Council. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
5.
Every licensee shall keep displayed prominently at all times
on its licensed premises any City license designating the premises
as a place licensed by the City to sell intoxicating liquors. Within
ten (10) days from the issuance of said City license, the licensee
shall file with the Supervisor of Alcohol and Tobacco Control a copy
of such City license.
6.
No person shall directly or indirectly have an interest in more
than three (3) licenses.
E. Reapplication Required Annually. Licenses issued under this Chapter
are valid for one (1) year after the date of issuance. License holders
are required to reapply for a new license annually upon expiration
of the then-current license.
[R.O. 2008 §600.100; Ord. No. 24-2021, 9-27-2021]
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 of the City Council. 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. The measurement shall be made along the shortest
path that can be traveled by foot between the closest points of customer
entry where intoxicating liquor is proposed to be sold or consumed
and any normally used general public entrance of the school, church,
or place of worship.
B. Subsection
(A) of this Section shall not apply to:
1.
Situations when a school, church, or place of worship is established
within one hundred (100) feet of any place of business licensed to
sell intoxicating liquor after the license has been issued.
2.
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.
3.
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.
[Ord. No. 24-2021, 9-27-2021]
A. Notwithstanding any provision of law to the contrary, any person
who is licensed by the City to sell intoxicating liquor at retail
by the drink for on-premises consumption may sell retailer-packaged
alcoholic beverages to customers in containers, filled on such premises
by any employee of the retailer who is twenty-one (21) years of age
or older, for off-premises consumption if the following requirements
are met:
1.
The container of alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A sealable container does not include a container
with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For the purposes of this subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by
a licensee for off-premises consumption is limited to twice the number
of meal servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an
electronic record of the meal and alcoholic beverages; and
6.
The container is either:
a.
Placed in a single-use, transparent bag that is securely sealed
and made tamperproof such that the lid, cap, or seal will visibly
demonstrate when a bag or container has been opened; or
b.
The container opening is sealed with tamperproof tape that will
visibly demonstrate when a bag or container has been opened.
7.
The filling of a container under this Section shall follow Section
3-304.17(c) of the 2009 Food and Drug Administration Food Code.
B. Containers that are filled under Subsection
A of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
[Ord. No. 04-2012 §1, 2-13-2012; Ord. No. 37-2015 §1, 9-14-2015; Ord. No. 24-2021, 9-27-2021]
A. Filing Of An Application. Each application for a license shall be
filed with the City Clerk on a form to be provided by the City, signed
and sworn by the applicant. Each application shall be accompanied
by a proper remittance reflecting the appropriate license fee made
payable to the City.
B. Qualifications.
1.
Neither the applicant nor any officer, director or shareholder
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 application shall further state the full name
of the corporation, its date of incorporation, its registered agent
and registered address. Each applicant shall have a background check
done by the Missouri Highway Patrol and submitted to the City Clerk.
2.
The City Clerk shall by regulation require all applicants for
licenses to file written statements, under oath, containing the information
reasonably required to administer this Section. All material changes
in the information filed shall be promptly reported to the City Clerk.
3.
If any of the characteristics present for suspension or revocation
of a license, pursuant to 600.090 of this Code, are present at the
time of application for a license, the applicant will not qualify
for a license or permit.
4.
Any person whose license or permit issued under this Chapter
has been revoked shall be ineligible to apply for a new license or
permit until five (5) years after the date of the revocation. The
person may be issued a new license or permit at the discretion of
the Division of Alcohol and Tobacco Control. If the City denies the
request for a new license or permit, the person may not submit a new
application for five (5) years from the date of the denial. If the
application is approved, the person shall pay all fees required by
law for the license or permit.
C. Issuance — Term — Reapplication. All license applications
shall be reviewed by the Chief of Police and the City Clerk. Upon
approval of any application for a license, and payment of the appropriate
fee, the City Clerk shall grant the applicant a license to conduct
business in the City for a term to expire within one (1) year of the
date of issuance, unless such license be revoked or suspended for
cause before such expiration. License holders must reapply for licenses
to remain compliant with this Chapter, and should submit applications
on or before the 15th day of the month before expiration.
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.
[Ord. No. 17-2010 §1, 9-13-2010]
A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B. Packaging, Labeling. Any retailer licensed pursuant to this
Chapter shall not:
1. Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
2. Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C. Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D. Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E. Only Those Liquors Authorized By License To Be Kept On Premises.
1. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
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 licensee.
2. Any retailer licensed pursuant to this Chapter shall not:
a. Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
b. Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G. Drinking In Public Places Prohibited.
1. For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot or City park.
a. Exception for special events if the City has granted a street use
or other permit that, during the event authorizes or permits persons
attending the event to consume alcoholic beverages in areas where
such consumption/possession is otherwise prohibited by this Section,
all application requirements as detailed with City Clerk are met and
such areas are defined and fenced.
[Ord. No. 22-2017, 10-23-2017]
2. No person shall drink or ingest any intoxicating liquor in or on
any public place.
3. No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4. No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
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.