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.
A. No person shall sell or offer for sale intoxicating liquor in the
City of Charleston 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. Any person possessing the qualifications and meeting
the requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor:
1.
Package Liquor — Malt Liquor Only. Sales of malt liquor
at retail by grocers and other merchants and dealers for sale in the
original package direct to consumers but not for resale and not for
consumption on the premises where sold. This license may include Sunday
sales from 9:00 A.M. to 12:00 Midnight.
2.
Package Liquor — All Kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection
(B)(1) of this Section.
3.
Liquor By The Drink — Malt Liquor/Light Wine Only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(4) of this Section.
4.
Malt Liquor By The Drink. Sales of malt liquor at retail by
the drink for consumption on the premises. This license may include
Sunday sales from 9:00 A.M. to 12:00 Midnight.
5.
Liquor By The Drink — All Kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection
(B)(2) of this Section.
C. Sunday Sales. Except for any establishment that may apply for a license
under Section 311.089, RSMo., any person possessing the qualifications
and meeting the requirements of this Chapter, who is licensed to sell
intoxicating liquor at retail may apply to the City for a special
license to sell intoxicating liquor at retail between the hours of
9:00 A.M. and 12:00 Midnight on Sundays.
D. Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section
600.030(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(2) and
(C) 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.
3.
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection
(D)(3),
a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide, furnish, or pour distilled spirits,
wine, or malt beverage samples for customer tasting purposes on any
temporary licensed retail premises as described in Sections 311.218,
311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax-exempt
organization's licensed premises as described in Section 311.090,
RSMo.
c.
Any Winery, Distiller, Etc., May Provide Or Furnish Distilled
Spirits, Wine Or Malt Beverage Samples On A Licensed Retail Premises
— When.
(1) Notwithstanding any other provisions of this Chapter
to the contrary, any winery, distiller, manufacturer, wholesaler,
or brewer or designated employee may provide or furnish distilled
spirits, wine or malt beverage samples on a licensed retail premises
for customer tasting purposes so long as the winery, distiller, manufacturer,
wholesaler, or brewer or designated employee has permission from the
person holding the retail license. The retail licensed premises where
such product tasting is provided shall maintain a special permit in
accordance with Section 311.294, RSMo., or hold a by the drink for
consumption on the premises where sold retail license. No money or
anything of value shall be given to the retailers for the privilege
or opportunity of conducting the on-the-premises product tasting.
(2) Distilled spirits, wine, or malt beverage samples
may be dispensed by an employee of the retailer, winery, distiller,
manufacturer or brewer or by a sampling retained by the retailer,
winery, distiller, manufacturer or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control.
(3) Any distilled spirits, wine, or malt beverage sample
provided by the retailer, winery, distiller, manufacturer, wholesaler,
or brewer remaining after the tasting shall be returned to the retailer,
winery, distiller, manufacturer, wholesaler, or brewer.
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 drugstore, 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. Temporary Permit For Sale By Drink — Certain Organizations.
1.
Notwithstanding any other provision of this Chapter, a permit
for the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee 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.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3.
At the same time that an applicant applies for a permit under
the provisions of this Subsection, the applicant shall notify the
Director of Revenue of the holding of the event by certified mail
and by such notification shall accept responsibility for the collection
and payment of any applicable sales tax.
4.
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.
C. Operating Hours, Days.
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 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 the
Sunday on which the national championship game of the National Football
League is played, commonly known as "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.
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 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 City 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. Nonetheless,
no application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. 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.
A. No license shall be granted for the sale of 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, said distance being measured from building to building, except
that when a school, church or place of religious worship hereafter
shall be established within three hundred (300) feet of any place
of business licensed to sell intoxicating liquor, said license and
any renewal thereof shall not be revoked or denied due to the fact
that said place of business is located within three hundred (300)
feet of any school, church or place of religious worship.
[Ord. No. 2938, 6-12-2018]
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.
C. Subsection
(A) 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.
A. 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:
1.
General Licenses.
a.
Malt liquor — original package: $75.00.
b.
Intoxicating liquor (all kinds) — original package: $150.00.
c.
Malt liquor — by drink: $75.00.
d.
Malt liquor and light wines — by drink: $75.00.
e.
Intoxicating liquor (all kinds) — by drink: $450.00.
2.
Sunday Sales (Additional Fee).
a.
Intoxicating liquor at retail: $300.00.
3.
Permits.
a.
Temporary permit — by the drink for certain organizations
[seven (7) days maximum]: $37.50.
c.
Caterers: $15.00 per each calendar day.
A. The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section
600.040(A)(3)(c) above, or fraction thereof, for which the permit is issued.
B. Except as provided in Subsection
(C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C. Notwithstanding any other law to the contrary, any caterer who possesses
a valid State and valid local liquor license may deliver alcoholic
beverages, in the course of his/her catering business. A caterer who
possesses a valid State and valid local liquor license need not obtain
a separate license for each City the caterer delivers in, so long
as such City permits any caterer to deliver alcoholic beverages within
the City.
D. To assure and control product quality, wholesalers may, but shall
not be required to, give a retailer credit for intoxicating liquor
with an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
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.
A. Any person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a self-dispensing system, which
is monitored and controlled by the licensee and allows patrons of
the licensee to self-dispense beer or wine. Before a patron may dispense
beer or wine, an employee of the licensee must first authorize an
amount of beer or wine, not to exceed thirty-two (32) ounces of beer
or sixteen (16) ounces of wine per patron per authorization, to be
dispensed by the self-dispensing system.
B. No provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish self-dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of self-dispensing
systems.
A. Any
person who is licensed to sell intoxicating liquor in the original
package at retail as provided in Subsection 1 of Section 311.200,
RSMo., may sell from thirty-two (32) to one hundred twenty-eight (128)
fluid ounces of draft beer to customers in containers filled by any
employee of the retailer on the premises for consumption off such
premises. Any employee of the licensee shall be at least twenty-one
(21) years of age to fill containers with draft beer.
B. No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection
(A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C. Requirements
Regarding Containers.
1. Containers that are filled or refilled under Subsection
(A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a. Brand name of the product dispensed;
b. Name of brewer or bottler;
c. Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
e. Name and address of the business that filled or refilled the container;
g. The following statement: "This product may be unfiltered and unpasteurized.
Keep refrigerated at all times."
2. Containers that are filled or refilled under Subsection
(A) of this Section shall be affixed with the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 CFR 16.20 to 16.22.
D. Additional
Regulations.
1. The filling and refilling of containers shall only occur on demand
by a customer and containers shall not be prefilled by the retailer
or its employee.
2. Containers shall only be filled or refilled by an employee of the
retailer.
3. Containers shall be filled or refilled as follows:
a. Containers shall be filled or refilled with a tube as described in Subsection
(D)(4) below and:
(1)
Food-grade sanitizer shall be used in accordance with the Environmental
Protection Agency registered label use instructions;
(2)
A container of liquid food-grade sanitizer shall be maintained
for no more than ten (10) malt beverage taps that will be used for
filling and refilling containers;
(3)
Each container shall contain no fewer than five (5) tubes that
will be used only for filling and refilling containers;
(4)
The container shall be inspected visually for contamination;
(5)
After each filling or refilling of a container, the tube shall
be immersed in the container with the liquid food-grade sanitizer;
and
(6)
A different tube from the container shall be used for each filling
or refilling of a container; or
b. Containers shall be filled or refilled with a contamination-free
process and:
(1)
The container shall be inspected visually for contamination;
(2)
The container shall only be filled or refilled by the retailer's
employee; and
(3)
The filling or refilling shall be in compliance with the Food
and Drug Administration Code 2009, Section 3-304.17(c).
4. Containers shall be filled or refilled from the bottom of the container
to the top with a tube that is attached to the malt beverage faucet
and extends to the bottom of the container or with a commercial filling
machine.
5. When not in use, tubes to fill or refill shall be immersed and stored
in a container with liquid food-grade sanitizer.
6. After filling or refilling a container, the container shall be sealed as set forth in Subsection
(A) of this Section.
[R.O. 1993 § 600.040]
A. No
person shall be granted a license hereunder unless such person is
of good moral character and a qualified legal voter of the State of
Missouri, nor shall any corporation be granted a license hereunder
unless the managing officer of such corporation is of good moral character
and a qualified legal voter and taxpaying citizen of the City; and
no person shall be granted a license or permit hereunder whose license
as such dealer has been revoked, or who has been convicted, since
the ratification of the Twenty-First 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 non-intoxicating
beer, or who employs in his/her business as such dealer, any person
whose license has been revoked or who has been convicted of violating
such law since the date aforesaid, provided that nothing in this Section
contained shall prevent the issuance of licenses to non-residents
of Missouri or foreign corporations for the privilege of selling to
duly licensed wholesalers and soliciting orders for the sale of intoxicating
liquor or non-intoxicating beer to, by or through a duly licensed
wholesaler within this State.
B. The
term "financial interest" as used in this Chapter is defined to mean
all interest, legal or beneficial, direct or 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.
C. The
City Clerk may require all applicants for licenses to file written
statements, under oath, containing the information reasonably required
to administer this Section. Statements by applicants for licenses
as retailers shall set out, with other information required, full
information concerning the residence of all persons financially interested
in the business to be licensed as required by regulation. All material
changes in the information filed shall be promptly reported to the
City Clerk.
[R.O. 1993 § 600.060(A) and (B)]
A. All
applications for licenses mentioned in this Chapter shall be made
to the City Council and shall be accompanied by a proper remittance
made payable to the City of Charleston.
B. The
City Council shall have the power and duty to determine whether each
application for such license should be approved or disapproved. Upon
approval of any application for license, the City Clerk shall issue
to the applicant the appropriate license and contemporaneously with
such issuance shall file a notice of the issuance of such license
together with the applicant's remittance in payment of the same with
the City Collector.
C. The City Council may refuse to issue or renew a liquor license if, in its discretion, it is not advisable to grant a liquor license to the applicant, or if the proposed location is unsatisfactory, constitutes a public nuisance, or does not comply with building codes or regulations as set forth in Chapter
500 of this Code, or if it is not in the best interest of the City to issue or renew such license. In the event the City Council refuses to issue or renew a license, the City Manager shall so notify the applicant, in writing, setting forth therein the grounds and reasons for disapproval, and shall return therewith the applicant's remittance.
[Ord. No. 2939, 6-12-2018]
[R.O. 1993 § 600.080]
A. On
approval of the application and payment of the license tax provided
in this Chapter, the City 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. A separate license
shall be required for each place of business. Of the license tax to
be paid for any such license, the applicant shall pay as many twelfths
as there are months (part of a month counted as a month) remaining
from the date of the license to the next succeeding July 1.
B. Applications
for renewal of licenses must be filed on or before the first day of
May of each calendar year.
A. Persons 18 Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out, 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.
3.
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.
4.
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.
B. Sales To Minor — Exceptions.
1.
No licensee, his/her employee, or any other person shall procure
for, 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, except that this Section shall not apply to the parent
or guardian of the minor nor 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 such person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2.
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, unless such person allowing the person under
the age of twenty-one (21) to drink or possess intoxicating liquor
is his/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
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; and
c.
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.
C. Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection
(C)(1) of this Section, no person under the age of twenty-one (21) years shall use 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.
D. Minors In Possession Of Intoxicating Liquor.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section
600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2.
Any person under the age of twenty-one (21) years who purchases
or attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
a.
"Full information" is limited to the following:
(1) The type of test administered and the procedures
followed;
(2) The time of the collection of the blood or breath
sample or urine analyzed;
(3) The numerical results of the test indicating the
alcohol content of the blood and breath and urine;
(4) The type and status of any permit which was held
by the person who performed the test;
(5) If the test was administered by means of a breath-testing
instrument, the date of performance of the most recent required maintenance
of such instrument.
b.
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
3.
Exception.
a.
The provisions of this Subsection 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; and
(4) Tastes a beverage under Subsection(D)(3)(a)(3)
of this Section only for instructional purposes during classes that
are part of the curriculum of the accredited college or university.
b.
The beverage must at all times remain in the possession and
control of any 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.
E. Accepting
Money From A Minor To Purchase Alcoholic Beverage. No person shall
accept money from any person under the age of twenty-one (21) years
for the purpose of buying any alcoholic beverage for said minor.
[R.O. 1993 § 600.247(D);Ord. No. 2342 § 1, 11-11-1997; Ord. No. 2384 § 1, 10-13-1998; Ord. No. 2506 § 1, 7-9-2002]
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.
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, Repackaging Prohibited, When. 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.
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.
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.
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.
A. A person
commits the offense of manufacturing a false identification if he
or she possesses any means of identification for the purpose of manufacturing
and providing or selling a false identification card to a person under
the age of twenty-one (21) for the purpose of purchasing or obtaining
alcohol.
B. The
offense of manufacturing a false identification is an ordinance violation.
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.
A. Notwithstanding
any provision of law to the contrary, entertainment facilities including,
but not limited to, arenas and stadiums used primarily for concerts,
shows, and sporting events of any kind and entities selling concessions
at such facilities that possess all necessary and valid licenses and
permits to allow for the sale of alcoholic beverages shall not be
prohibited from selling and delivering alcoholic beverages purchased
through the use of mobile applications to individuals attending events
on the premises of such facilities if the facilities are in compliance
with all applicable State laws and regulations regarding the sale
of alcoholic beverages.
B. For
purposes of this Section, the term "mobile application" shall mean
a computer program or software designed to be used on hand-held mobile
devices such as cellular phones and tablet computers.
C. Any
employee of a facility or entity selling concessions at a facility
who delivers an alcoholic beverage purchased through a mobile application
to an individual shall require the individual to show a valid, government-issued
identification document that includes the photograph and birth date
of the individual, such as a driver's license, and shall verify that
the individual is twenty-one (21) years of age or older before the
individual is allowed possession of the alcoholic beverage.
[R.O. 1993 § 600.170; Ord. No.
2249 § 1, 9-14-1993]
A. Revocation
Or Suspension By Council — Grounds. The City Council may, in
addition to any other penalty or remedy authorized by law, suspend
or revoke any license issued under this Chapter for any of the following
reasons:
1. Any failure to comply with, or any violation of, any provisions of
this Chapter by any licensee or by any agent or employee of the licensee.
2. Any violation of the terms and conditions upon which the license
was issued.
3. The failure of the licensee to pay any license fee, tax or obligation
due the City.
4. Any misrepresentation or false statement made in the application
for such license.
5. Any illegal or improper issuance of the license.
6. The licensee, or the agents or employees of the licensee, causing or maintaining or permitting the maintenance of a nuisance, whether public or private, or engaging in any conduct so inimical to the public health, safety and general welfare as to constitute a nuisance, including but not limited to failing or refusing to comply with all building codes and regulations (e.g., Building Code, Property Maintenance Code, Electrical Code, Plumbing Code, Mechanical Code) adopted and set forth in Chapter
500 of the Charleston Code of Ordinances, and any amendments thereto now or hereafter enacted.
[Ord. No. 2940, 6-12-2018]
B. Procedures.
When any complaint shall be made to the City Council that cause exists
for the revocation or suspension of a license issued under this Chapter,
the following procedures shall be used by the City Council, to wit:
1. The City Council shall cause the matter to be set for hearing to
consider the question of suspension or revocation.
2. Not less than ten (10) days prior to the date of such hearing, written
notice thereof shall be served upon the licensee either by delivery
in person or by certified mail with return receipt requested addressed
to the licensee at the licensee's last known address as shown in the
records of the City Collector, advising the licensee of the date,
time and place of the hearing and of the reason for considering the
revocation or suspension of the license.
3. At the hearing, the City Council shall hear and consider all relevant
evidence. A majority decision of a quorum of the City Council present
for said hearing shall be necessary to revoke or suspend any license.
4. The City Council shall issue written findings and orders either denying
the complaint or finding that cause exits to suspend or revoke the
license and ordering such suspension or revocation. A copy of said
findings and order shall be served upon the licensee either in person
or by certified mail with return receipt requested addressed to the
licensee at the licensee's last known address as shown on the records
of the City Collector.
C. Summary
Suspension By City Manager. The City Manager shall have authority
to summarily suspend any license issued under this Chapter for a period
not to exceed ten (10) days when:
1. Any grounds for revocation or suspension of the license exists as
set forth above;
2. The licensee has failed to keep an orderly place or house; or
3. The conduct of any licensee, or his/her agents or employees, is so inimical to the public health, safety and general welfare as to constitute a nuisance, including but not limited to failing or refusing to comply with all building codes and regulations (e.g., Building Code, Property Maintenance Code, Electrical Code, Plumbing Code, Mechanical Code) adopted and set forth in Chapter
500 of the Charleston Code of Ordinances, and any amendments thereto now or hereafter enacted.
[Ord. No. 2941, 6-12-2018]
a. Notice Of Action — Hearing. The City Manager shall cause written
notice of the order of summary suspension to be delivered to the licensee,
either in person or by certified mail with return receipt requested
addressed to the licensee at the licensee's last known address as
shown in the records of the City Collector, not less than five (5)
days prior to the effective date of the suspension. The notice shall
state the grounds for the order and the commencement date and duration
of the suspension.
b. Request For Hearing. A licensee may request a full hearing before
the City Manager within seventy-two (72) hours after receipt of a
notice of suspension. Said request for hearing shall be in writing
and shall be delivered to the City Manager who shall then set the
date, time and place for said hearing.
c. Appeal. Any person aggrieved by the decision of the City Manager
to suspend a license hereunder may appeal to the City Council by filing
a written notice of appeal within seven (7) days of the decision of
the City Manager. The notice shall be in writing and filed with the
City Clerk. The appeal shall be heard by the City Council in compliance
with the Missouri Administrative Procedures Act and the decision of
the City Council shall be final except for the right of any party
to file an action in court for judicial review. Upon filing a timely
notice of appeal, the City Manager's suspension order shall be stayed
appending the appeal.
D. Automatic
Suspension Upon Conviction Or Guilty Plea. Upon the conviction of,
or entry of a guilty plea to, any violation of this Chapter or the
liquor laws of the State of Missouri by any licensee or a licensee's
agent or employee, in any court (including a Municipal Court), the
license of such licensee shall be suspended automatically effective
immediately upon the date of such conviction or guilty plea. The license
shall remain suspended until the City Council authorizes and directs
the reinstatement of such license. During the period of suspension,
the licensee may apply to the City Council for reinstatement of the
license. Nothing in this Section shall prohibit the City Council from
conducting a hearing to determine whether or not the license should
be revoked as provided above. For the purpose of this Section, the
entry of a guilty plea by the licensee, or an agent or employee of
a licensee, to any violation of this Chapter or the liquor laws of
the State of Missouri shall be sufficient to automatically suspend
the license issued to said licensee under this Chapter regardless
of whether or not the court subsequently enters a judgement of conviction
based thereon and regardless of whether or not the court suspends
imposition of sentence, suspends execution of sentence, or places
the defendant on probation or parole.
[R.O. 1993 § 600.180]
No licensee who shall have had his/her license suspended by
order of the City Council shall sell or give away any intoxicating
liquor or non-intoxicating beer during the period of time such order
of suspension is in effect. Any licensee desiring to keep his/her
premises open for the sale of food or merchandise during such period
of suspension shall display the order of suspension issued by the
City Council in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
[R.O. 1993 § 600.190]
A. Testimony
— Evidence. Hearings before the City Council to suspend or revoke
licenses shall be held in compliance with the Administrative Procedures
Act. (See Ch. 536, RSMo.) Testimony of witnesses and other evidence
pertinent to the inquiry may be taken in such hearings, and all proceedings
in such hearings shall be taken down stenographically, and shall be
transcribed whenever required by law.
B. Witnesses
— How Summoned. Subpoenas shall be issued by the Mayor for
any witness whose presence is desired at any hearing or proceeding
before the City Council to suspend or revoke a license, and such subpoenas
may be served by any agent authorized by law to serve any subpoena
in any civil suit in the Circuit Courts of this State. Such subpoenas
shall be served in the same manner as is provided by law for service
of subpoenas in civil suits in the Circuit Courts of this State, and
the return thereon shall be made in the same manner as is provided
by law for making returns of subpoenas in civil suits in the Circuit
Courts of this State. In any such proceeding or hearing, the Mayor
may issue an order to any licensee, or a subpoena Duces Tecum for
any licensee or any other person requiring such licensee or such other
person to produce before the City Council any papers in his/her possession
pertaining to the subject of the inquiry, which would be competent
evidence at such hearing. Witnesses may also appear voluntarily at
such hearings and testify.
C. Witnesses
To Be Sworn. Before any witness shall testify in any such hearing
or proceeding, he/she shall be sworn to tell the truth and nothing
but the truth.
[R.O. 1993 § 600.210; Ord. No.
2332 § 1, 8-12-1997]
A. Responsibility
For Acts Of Employees. Licensees are at all times responsible for
the conduct of their business and are at all times directly responsible
for any act or conduct of any employee on the premises which is in
violation of this Chapter.
B. Inspection.
All licensees shall allow the licensed premises and all portions of
the buildings thereof, including all rooms, cellars, outbuildings,
passageways, closets, vaults, yards, attics, and all buildings used
in connection with the operations carried on under said license and
which are in his/her possession or under his/her control, and all
places where they keep or have liquor stored, to be inspected by the
City Manager and his/her agents.
C. Sale
Off-Premises Prohibited. No licensee, his/her agent or employee shall
sell intoxicating liquor or non-intoxicating beer in any place other
than that designated in such license, or at any other time or otherwise
than is authorized by such license.
[R.O. 1993 § 600.245; Ord. No.
2243 § 1, 6-8-1993]
No person shall possess, consume, use or give away for consumption
or use, nor shall any owner or occupant, or their agents or employees,
knowingly permit the possession, consumption, use or giving away for
consumption or use, any intoxicating liquor or malt alcohol liquor
in or upon any place of business open to the public, including any
parking lot or other grounds upon which the place of business is located
or which adjoins the place of business, except a place of business
having a current and valid liquor license permitting such activity.
[R.O. 1993 § 600.380; Ord. No.
2133 § 1, 5-10-1988]
As used in this Article, the following words shall be construed
to have the meanings set forth below:
APPLICANT
Any church, school, civic, service, fraternal, veteran, political
or charitable club or organization which files an application for
the issuance of a temporary permit for the sale of intoxicating liquor.
BUILDING
Any physical structure, including a tent, designed, built
or occupied as a shelter or roofed enclosure for persons or property,
containing walls, and used for residential, commercial, storage, military,
assembly, institutional or recreational purposes, and into which or
from which persons enter and leave through a door or doorway.
FISCAL YEAR
A period of twelve (12) consecutive months beginning July
1 and ending June 30 of the following year.
[R.O. 1993 § 600.390; Ord. No.
2133 § 2, 5-10-1988]
Notwithstanding any other City ordinance to the contrary, a permit for the sale of intoxicating liquor, as defined in Section
600.010, for consumption on the premises where sold within the City of Charleston, Missouri, may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of intoxicating liquor at a picnic, bazaar, fair, dance 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 club or organization in any fiscal year.
[R.O. 1993 § 600.400; Ord. No.
2133 § 3, 5-10-1988]
A. In
order to obtain a permit, the applicant shall file with the City Manager
not less than twenty-one (21) days prior to the effective date of
the temporary permit all of the following documents and information:
1. Application Form. A completed written application on a form to be
supplied by the City Manager dated and signed by an officer of the
club or organization on behalf of which the application is being filed
and containing the following information:
a. The name of the club or organization and the address of its principal
office or meeting place;
b. The names and address of all officers, trustees, or other officials
of the club or organization having authority to act on its behalf;
c. The place and date(s) upon which the gathering will be held and a
description of the event (e.g., picnic, fair, dance, etc.);
d. An estimate of the number of persons invited or expected to attend;
and
e. Any other information requested by the City Manager.
2. Proof Of Existence. Written documentation establishing the existence
of the club or organization (e.g., certificate of incorporation, Internal
Revenue Service tax exemption letter, minutes of meetings, etc.) and
its purposes.
3. Fee. The permit fee of twenty-five dollars ($25.00).
4. Proof Of State Permit. Proof the club or organization has received
or soon will receive a valid temporary permit for the sale of intoxicating
liquor from the State of Missouri.
B. The
City Manager shall conduct such investigation as he/she may deem necessary
to verify the information contained in the application and all other
documentation submitted therewith.
[R.O. 1993 § 600.410; Ord. No.
2133 § 4, 5-10-1988]
A. The
City Manager shall issue the temporary permit to an applicant only
if:
1. The applicant is a qualified club or organization eligible to receive
such a permit;
2. The gathering or event for which it is sought is one for which such
a permit may lawfully be issued; and
3. The applicant has made a proper timely application and has fully
complied with all requirements for the issuance of the permit.
[R.O. 1993 § 600.420; Ord. No.
2133 § 5, 5-10-1988]
No club or organization shall be issued more than two (2) temporary
permits for the sale of intoxicating liquor in any fiscal year.
[R.O. 1993 § 600.430; Ord. No.
2133 § 6, 5-10-1988]
If the event is held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 11:00 A.M.
[R.O. 1993 § 600.440; Ord. No.
2133 § 7, 5-10-1988]
The permit shall not authorize the sale of intoxicating liquor
between the hour of 1:00 A.M. and the hour of 8:00 A.M. on any day
for which the permit is issued.
[R.O. 1993 § 600.450; Ord. No.
2133 § 8, 5-10-1988]
A. A club
or organization having a temporary permit to sell intoxicating liquor
shall not allow any minor under twenty-one (21) years of age to be
present within any building within which said liquor is being sold
and consumed in connection with a dance except when a picnic, fair,
bazaar, or other similar gathering is being conducted simultaneously
within said building or on the grounds adjacent thereto.
B. This
Section shall not be construed to prohibit the presence of minors
at a picnic, bazaar, fair, dance or similar gathering being held and
conducted out-of-doors at which intoxicating liquor is being sold
pursuant to a temporary permit issued under this Article or at a dance
being held within a building but being held simultaneously with a
picnic, bazaar, fair or other similar activity within said building
or on the grounds adjacent thereto.
[R.O. 1993 § 600.460; Ord. No.
2133 § 9, 5-10-1988]
A. A club
or organization having a temporary permit to sell intoxicating liquor
shall require all persons who purchase and/or consume the intoxicating
liquor to consume it within a designated and clearly marked area immediately
adjacent to the place where the liquor is sold.
1. Events Held Outside. When intoxicating liquor is sold at an event
being held out-of-doors and is not sold within a building, then the
area that shall be designated for consumption of liquor shall not
exceed an area having a radius of fifty (50) feet from the place where
the liquor is sold.
2. Indoor Events. Except as hereinafter provided for dances, when an
event is being held within a building within which intoxicating liquor
is being sold, then the area that shall be designated for consumption
of liquor shall be an area within the building and shall not exceed
an area having a radius of twenty-five (25) feet from the place where
the liquor is sold.
3. Dances. If the event is a dance being held within a building and
not being held simultaneously with a picnic, bazaar, fair or similar
activity within said building or on the grounds adjacent thereto,
then the designated area for the consumption of intoxicating liquor
shall be the building within which the dance is being held and within
which the intoxicating liquor shall be sold, and no intoxicating liquor
shall be consumed outside of the building.
4. Signs. The club or organization shall place signs in conspicuous
places instructing patrons that all intoxicating liquor must be consumed
within the area designated for the consumption of alcohol and no intoxicating
liquor shall be removed from the area designated for consumption.
5. Trash Cans. The club or organization also shall provide and install
within the area designated for the consumption of intoxicating liquor
a sufficient number of trash cans or other containers suitable for
the disposal of discarded cups or other trash and debris.
[R.O. 1993 § 600.470; Ord. No.
2133 § 10, 5-10-1988]
By submitting an application for the issuance of a temporary
permit to sell intoxicating liquor, a club or organization thereby
irrevocably consents to Public Safety Officers, the City Manager and
other City Officials entering upon the premises where such liquor
will be sold during the gathering or event for the purpose of inspecting
the same and determining that the applicant is complying with all
municipal ordinances.
[R.O. 1993 § 600.480; Ord. No.
2133 § 11, 5-10-1988]
The City Manager forthwith shall notify the Director of the
Department of Public Safety of the issuance of a permit as herein
provided by delivering a copy of said permit and application to the
Director of said Department.
[R.O. 1993 § 600.490; Ord. No.
2133 § 12, 5-10-1988]
A. The
City Manager or Director of the Department of Public Safety shall
have authority to immediately and summarily revoke or suspend the
permit if said Official has reasonable cause to believe:
1. Applicant is selling or giving away non-intoxicating three and two-tenths
percent (3.2%) beer, which is not covered by the permit, on the premises
for which the permit is issued.
2. Applicant is allowing any person upon the premises to consume, use,
or give away non-intoxicating three and two-tenths percent (3.2%)
beer, which is not covered by the permit, on the premises.
3. Applicant is selling or giving intoxicating liquor to a minor under
twenty-one (21) years of age, or is knowingly allowing a minor to
consume any alcoholic beverage on the premises for which the permit
is issued, or is selling or giving intoxicating liquor to any person
who is apparently under the influence of alcohol or drugs.
4. The behavior of any person or persons present at the event unreasonably
disturbs the peace of occupants of adjoining properties or of persons
traveling along or using the public streets or sidewalks.
5. The applicant has used fraud or misrepresentation to obtain a permit
hereunder.
6. Applicant does not have a temporary permit for the sale of intoxicating
liquor issued by the State of Missouri as required by Section 311.482,
RSMo.
7. Applicant has violated any provision of this Article or any other
applicable City ordinance not in conflict herewith.
[R.O. 1993 § 600.500; Ord. No.
2133 § 13, 5-10-1988]
Any club or organization that has suffered revocation or suspension
of a permit or has been convicted of any violation of this Article
shall be ineligible to apply for the issuance of a permit for a period
of three (3) years following such revocation or suspension or conviction;
provided, however, that any club or organization whose permit has
been revoked or suspended shall have the right to an administrative
hearing before the City Council to determine if the Official had reasonable
cause to revoke or suspend the permit, and if the Council finds no
reasonable cause existed for such action then the club or organization
shall be eligible to apply for a permit.