[Ord. No. 2016-1192 § 010, 5-16-2016]
As used in this Chapter, the following terms shall have the
meanings indicated:
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played, or has a dance floor of at least two
thousand five hundred (2,500) square feet, or any outdoor golf course
with a minimum of nine (9) holes and which has annual gross receipts
of at least one hundred thousand dollars ($100,000.00) of which at
least fifty thousand dollars ($50,000.00) of such gross receipts is
in non-alcoholic sales.
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere.
A place where all doors are locked and where no patrons are
in the place or about the premises.
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor, where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges as provided in the respective leases permitting the use of
such areas or otherwise, and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
Every building or other structure kept, used, maintained,
advertised and held out to the public to be a place where food is
actually served and consumed and sleeping accommodations are offered
for adequate pay to travelers and guests, whether transient, permanent,
or residential, in which twenty-five (25) or more rooms are used for
the sleeping accommodations and dining rooms being conducted in the
same building or buildings in connection therewith and such building
or buildings, structure or structures being provided with adequate
and sanitary kitchen and dining room equipment and capacity.
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume, except for non-intoxicating beer
as defined in Section 312.010, RSMo. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight exclusively
from grapes, berries and other fruits and vegetables.
An intoxicating liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight, manufactured from pure hops or pure extract
of hops or pure barley malt or wholesome grains or cereals and wholesome
yeast and pure water.
Any person under the age of twenty-one (21) years.
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.
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.; or means a new restaurant establishment
having been in operation for at least ninety (90) days preceding the
application for such license, with a projected experience based upon
its sale of food during the preceding ninety (90) days which would
exceed not less than seventy-five thousand dollars ($75,000.00) per
year. 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 sales requirements of this Subsection, 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.
Any public place kept, used, maintained, advertised and held
out to the public as a place where meals are served, and where meals
actually are served and regularly served, without sleeping accommodations,
such space being provided with adequate and sanitary kitchen and dining
room equipment and capacity and having employed therein a sufficient
number and kind of employees to prepare, cook and serve suitable food
for its guests. Provided, further, that no restaurant licensed as
such shall sell alcoholic liquor except with meals.
The sale for use or consumption and not for resale.
Sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made only by a holder
of a retail liquor dealer's license and when so made, the container
in every case shall be emptied and the contents thereof served as
other intoxicating liquors sold by the drink are served.
[Ord. No. 2016-1192 § 020, 5-16-2016]
There is created a Supervisor of Liquor Control for the regulation
and control of intoxicating and non-intoxicating liquors within the
corporate limits of the Town of Carrollton, Missouri. The Chief of
Police of said Town is hereby appointed said Supervisor. He/she may
have any Police Officer act as his/her assistant.
[Ord. No. 2016-1192 § 030, 5-16-2016]
It shall be unlawful for any person to manufacture, brew, distill,
sell or distribute alcoholic beverages within the Town without first
having a current valid license authorizing such manufacture, brewing,
sale or exposing for sale, or distribution in compliance with the
terms of this Chapter.
[Ord. No. 2016-1192 § 050, 5-16-2016; Ord.
No. 2022-1403, 5-2-2022]
A.
Filing of An Application. Each application for an original or renewal
license should be filed with the Town Financial Assistant on a form
provided by the Town, signed and sworn to by the applicant. Each application
shall be accompanied by a proper remittance reflecting the appropriate
license fee made payable to the Town.
B.
Hearing Of An Application. Upon the filing of an original application
with the Financial Assistant, the Financial Assistant shall fix a
date for a hearing before the Council not more than thirty-one (31)
days from the date of filing the application and shall give the applicant
written notice of the date of the hearing.
1.
The Council shall consider the location of the proposed business
for which a license is sought with respect to its proximity to a school,
a church, a public park or playground and to other places of the character
for which a license is sought and shall have authority to refuse to
issue a license when, in their judgment, the issuance thereof would
not be in the best interests of the locality in which the applicant
applies for a location of such place. In no event shall the Council
approve the issuance of a license for the sale of liquor within one
hundred (100) feet of any school, church or other building regularly
used as a place of worship unless the applicant for the license shall
first obtain the consent in writing of the board of directors of the
school or the consent in writing of the majority of the managing board
of the church or place of worship; except that when a school, church
or place of worship shall thereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, renewal of the license shall not be denied for lack of consent
in writing as herein provided.
2.
The Council shall approve the application if, after the hearing,
it finds that:
a.
Issuance of the requested license would be in the best interests
of the locality of the proposed business;
b.
The applicant is a person of good moral character and a native
born or naturalized citizen of the United States of America and resides
in the State of Missouri;
c.
No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
d.
The applicant has not been convicted of a felony reasonably
related to the manufacture or sale of intoxicating liquor; or that
such applicant has not employed in his/her business any person whose
license has been revoked or who has been convicted of violating the
provisions of a felony reasonably related to the manufacture or sale
of intoxicating liquor; or if the applicant has three (3) or more
misdemeanor convictions for sale of alcohol;
e.
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 Town and the provisions of this Chapter.
C.
Upon approval of any application for a license, the Financial Assistant
shall grant the applicant a license to conduct business in the Town
for a term to expire with the 30th day of June next succeeding the
date of such license, unless such license be revoked or suspended
for cause before the expiration date.
[Ord. No. 2016-1192 § 060, 5-16-2016]
The Supervisor of Liquor Control and the Council shall have
the right to examine, or cause to be examined, under oath, any applicant
for a local license or for renewal thereof, or any licensee upon whom
notice of revocation or suspension has been served as provided by
Statute, and to examine or cause to be examined the books and records
of any such applicant or licensee; to hear testimony and take proof
of his/her information in the performance of his/her duties, and for
such purpose to issue subpoenas which shall be effective in any part
of this State. For the purpose of obtaining any of the information
desired by the Supervisor of Liquor Control under this Section, he/she
may authorize his/her agent to act on his/her behalf, as provided
by herein.
[Ord. No. 2016-1192 § 070, 5-16-2016; Ord.
No. 2022-1403, 5-2-2022]
A.
Applications for such license shall be made to the Financial Assistant,
in writing, signed by the applicant if an individual, or by a duly
authorized agent thereof if a corporation or other entity, verified
by oath or affidavit, and shall contain the following statements and
information:
1.
The name, date of birth and address of the applicant in the
case of an individual; in the case of a partnership, limited liability
company, or other entity, the persons entitled to share in the profits
thereof; in the case of a corporation, the names, dates of birth and
addresses of the officers and directors, and if a majority interest
of the stock of such corporation is owned by one (1) person or his/her
nominee, the name, date of birth and address of such person. In addition,
the name, date of birth and address of the managing officer of the
corporation shall be set forth.
2.
The citizenship of the applicant, which shall be either a birth
certificate or passport, his/her place of birth and, if a naturalized
citizen, the time and place of his/her naturalization.
3.
The character of business of the applicant and, in the case
of a corporation or other entity, the objects for which it was formed.
4.
The length of time said applicant has been in business of that
character or, in the case of a corporation or other entity, the date
when its charter was issued.
5.
The amount of goods, wares and merchandise on hand at the time
application is made.
6.
The location and description of the premises or place of business
which is to be operated under such license.
7.
A statement whether the applicant has made application for a
similar or other license on the premises other than described in this
application, and the disposition of such application.
8.
A statement regarding whether the applicant has been convicted
of a felony.
9.
A statement that the applicant is not disqualified to receive
a license by reason of any matter or thing contained in this Chapter,
laws of this State, or the ordinances of this Town.
10.
Whether a previous license by any State or subdivision thereof,
or by the Federal Government has been revoked/suspended, and the reasons
therefor.
11.
A statement that the applicant will not violate any of the laws
of the State of Missouri, or of the United States, or any ordinance
of the Town in the conduct of his/her place of business.
12.
A statement that the applicant has no past due taxes due the
Town of Carrollton.
13.
Such additional information of an applicant as the Town Council
may deem necessary for it to make a determination with respect to
the issuance of a liquor license.
B.
Applications for renewal of licenses must be filed on or before the
first day of June of each calendar year.
[Ord. No. 2016-1192 § 080, 5-16-2016]
A.
No such license shall be issued to:
1.
A person who is not a citizen of the United States.
2.
A person who has been convicted of a felony reasonably related
to the manufacture or sale of intoxicating liquor.
3.
A person who is not of good moral character.
4.
A person whose license under this Chapter has been revoked or
suspended for cause.
5.
Any person who, at the time of application for renewal of any
license issued hereunder, would not be eligible for such license upon
first application.
6.
A co-partnership, unless all of the members of such co-partnership
shall be qualified to obtain a license.
7.
A corporation, if any officer, manager or director thereof,
or any stockholder or stockholders owning in the aggregate more than
ten percent (10%) of the stock of such corporation would not be eligible
to receive a license hereunder for any reason other than citizenship
and residence within the political subdivision.
8.
A person whose place of business is conducted by a manager or
agent unless said manager or agent possesses the same qualifications
required of the licensee.
9.
A person who does not own the premises for which a license is
sought, or does not have a lease thereon for the full period for which
the license is issued.
10.
Any person, firm or corporation not eligible for a State retail
liquor dealer's license.
11.
Any person who has been denied a license for the sale of alcoholic
beverages by the Town of Carrollton within the past ninety (90) days.
[Ord. No. 2016-1192 § 090, 5-16-2016]
Each license issued hereunder shall terminate on the 30th day
of June following the issuance thereof.
[Ord. No. 2016-1192 § 110, 5-16-2016]
A.
No license shall be granted for the sale or manufacture of alcoholic
beverages within one hundred (100) feet of any school, church or other
building regularly used as a place of religious worship, or in any
place which is located on either side of the same street within the
same block as any church, school or other building regularly used
as a place of worship, or any place not properly zoned for the sale
of alcoholic beverages unless:
1.
The business for the sale or manufacture of alcoholic beverages
was established in its present location before the church or school
was so located; or
2.
The applicant for such license shall first obtain the consent
in writing of the majority of the board of directors of such school,
or the consent in writing of the majority of the managing board of
such church or place of worship.
3.
The measurement of the one hundred (100) feet shall be from
foundation of building to foundation of building.
[Ord. No. 2016-1192 § 115, 5-16-2016]
A.
The following schedule shall be followed in determining the classification,
license fee and the maximum number of licenses available for each
category:
|
Category
|
Fee
|
Number
| |
|---|---|---|---|
|
Consumption of intoxicating liquor
|
$90
|
5
| |
|
Domestic winery (per 500 gallon)
|
$7.50
|
5
| |
|
Microbrewery (per 100 barrels)
|
$7.50
|
5
| |
|
Missouri-produced wine by drink
|
$450
|
5
| |
|
Original package liquor
|
$150
|
10
| |
|
Original package liquor caterer/50 event
|
$750
|
5
| |
|
*Original package — tasting
|
$37.50
|
5
| |
|
Retail liquor by drink
|
$450
|
2
| |
|
Retail liquor by drink — boat
|
$450
|
5
| |
|
*Retail liquor by drink caterer (per day)
|
$15
|
5
| |
|
*Retail liquor by drink temporary festival (per day)
|
$15
|
5
| |
|
*5% beer and wine temporary festival (per day)
|
$15
|
5
| |
|
Retail liquor by drink tax exempt
|
$450
|
5
| |
|
Retail by drink entertainment district
|
$450
|
5
| |
|
Retail liquor by drink picnic (7 days)
|
$37.50
|
5
| |
|
Retail liquor by drink resort
|
$450
|
10
| |
|
Retail liquor by drink resort temporary (90 days)
|
$112.50
|
5
| |
|
*Retail liquor by drink caterer/unlimited
|
$1,500
|
5
| |
|
*Retail liquor by drink caterer/50 events
|
$750
|
5
| |
|
Retail liquor by drink seasonal resort (per month)
|
$37.50
|
5
| |
|
Retail liquor by drink seasonal temporary (90 days)
|
$112.50
|
5
| |
|
Sunday liquor by drink
|
$300
|
5
| |
|
*Sunday — original package liquor
|
$300
|
10
| |
|
Vintage wine auctioneer
|
$750
|
2
| |
|
Vintage wine auctioneer — municipality
|
$75
|
2
| |
|
5% beer by drink (includes Sunday sales)
|
$75
|
5
| |
|
5% beer by drink — beer and light wine
|
$75
|
5
| |
|
*5% beer and wine caterer (per day)
|
$15
|
5
| |
|
Original package 5% beer
|
$75
|
5
| |
|
*5% Sunday by the drink wine
|
$300
|
5
| |
|
5% beer and light wine June 15 to July 15 (max. 7 days)
|
$150
|
5
|
|
*
|
Secondary License Type = Requires a Primary License to Qualify
|
B.
Any liquor license permitted by the State of Missouri but not specifically
listed here will have a fee of one and five tenths (1.5) times the
rate set by the State of Missouri, with a maximum number of licenses
set at five (5).
C.
In cases where the number of applicants for a category of license
exceeds the maximum number of licenses available, the licenses shall
be issued to existing licensees, and, thereafter, if any licenses
are available, they shall be issued on the basis of a blind drawing
of lots in a manner giving each applicant an equal chance of being
selected to receive an available license.
D.
Of the license fee to be paid for any such license, the applicant
shall pay as many 12ths 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.
[Ord. No. 2022-1403, 5-2-2022]
[Ord. No. 2016-1192 § 120, 5-16-2016; Ord.
No. 2022-1403, 5-2-2022]
All fees shall be paid to the Financial Assistant at the time
the application is made. In the event the license applied for is denied,
the fee shall be returned to the applicant; if the license is granted,
then the fee shall be deposited in the General Fund or in such other
fund as shall have been designated by the Council by proper action.
[Ord. No. 2016-1192 § 125, 5-16-2016; Ord.
No. 2022-1403, 5-2-2022]
The Financial Assistant shall keep a complete record of all
such licenses issued and shall furnish the Chief of Police with a
copy thereof; upon revocation or suspension of any license, the Financial
Assistant shall immediately give written notice thereof to the Chief
of Police.
[Ord. No. 2016-1192 § 130, 5-16-2016]
No license issued under this Chapter shall be transferable or
assignable to another person except as provided for in Section 311.250,
RSMo.
[Ord. No. 2016-1192 § 135, 5-16-2016]
Every license issued under the provisions of this Chapter shall
particularly describe the premises in which alcoholic beverages may
be sold thereunder and such license shall not be deemed to authorize
or permit the sale of alcoholic beverages at any place other than
that described therein.
[Ord. No. 2016-1192 § 140, 5-16-2016]
The holder of a license issued under this Chapter shall keep
such license continuously posted in a conspicuous place on the premises
for which such license is granted.
[Ord. No. 2016-1192 § 145, 5-16-2016]
It shall be unlawful for any person holding only a three and
two-tenths percent (3.2%) alcohol by weight beer license to have or
to keep in or upon the premises any other alcoholic beverages of any
kind or character, other than three and two-tenths percent (3.2%)
alcohol by weight beer brewed or manufactured by the method, in the
manner and of the ingredients required by the laws of the State, or
to sell, or offer for sale, in or upon the premises any alcoholic
beverage other than three and two-tenths percent (3.2%) alcohol by
weight beer.
[Ord. No. 2016-1192 § 150, 5-16-2016]
It shall be unlawful for any person in this State holding a
retail liquor license 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. Any person violating any provision of this Section
shall be deemed guilty of an ordinance violation.
[Ord. No. 2016-1192 § 155, 5-16-2016]
A.
Any license issued under this Chapter may be revoked or suspended
by the Council for any of the following reasons:
1.
Selling, giving or otherwise supplying intoxicating liquor to
a habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor;
2.
Knowingly permitting any prostitute, degenerate, or dissolute
person to frequent the licensed premises;
3.
Permitting on the licensed premises any disorderly conduct,
breach of the peace, or any lewd, immoral or improper entertainment,
conduct or practices;
4.
Selling, offering for sale, possessing or knowingly permitting
the consumption on the licensed premises of any kind of intoxicating
liquors, the sale, possession or consumption of which is not authorized
under his/her license;
5.
Selling, giving, or otherwise supplying intoxicating liquor
to any person under the age of twenty-one (21) years;
6.
Selling, giving or otherwise supplying intoxicating liquors
during the period of time that the licensee is not authorized to be
open; or for the violation by the licensee, his/her agents or employees
of any applicable provision of Federal law, State law or Town ordinance,
rule or regulation. Prior to such revocation/suspension, however,
such licensee shall be given ten (10) days' written notice of the
meeting at which the Council shall consider such revocation/suspension,
and such licensee shall have the right to appear thereat with counsel
and witness in his/her behalf. In the event of such revocation/suspension,
no portion of the license fee paid by the licensee shall be refunded.
[Ord. No. 2016-1192 § 160, 5-16-2016]
No licensee under this Chapter, or his/her employee, shall sell,
vend, give away or otherwise supply any intoxicating liquor in any
quantity whatsoever to any person under the age of twenty-one (21)
years, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, except that this Section
shall not apply to the supplying of intoxicating liquor to a person
under the age of twenty-one (21) years for medical purposes only or
to the administering of such intoxicating liquor to 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 when serving in the capacity
as an employee of a licensed establishment.
[Ord. No. 1164 § 03.070, 3-2-2015]
It shall be unlawful for any person to possess any type of intoxicating
liquor within a Town park.
[Ord. No. 2016-1192 § 165, 5-16-2016]
A.
Except as otherwise provided by this Chapter, no minor shall assist
in the sale or dispensing of alcoholic beverages.
B.
In any drugstore, cigar and tobacco store, a general merchandise
store, a confectionery or delicatessen, or grocery store licensed
for the sale of alcoholic beverages, where at least fifty percent
(50%) of the gross sales made consist of goods, wares, merchandise
or commodities other than alcoholic beverages in the original package,
persons at least eighteen (18) years of age may stock, arrange displays,
accept payment for and sack for carry-out alcoholic beverages. Delivery
of alcoholic beverages away from the licensed premises cannot be performed
by anyone under the age of twenty-one (21) years. Any licensee who
employs any person under the age of twenty-one (21) years, as authorized
by this Subsection, shall, when at least fifty percent (50%) of the
licensee's gross sales does not consist of non-alcoholic sales, have
an employee twenty-one (21) years of age or older on the licensed
premises during all hours of operation.
C.
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.
[Ord. No. 2016-1192 § 170, 5-16-2016]
A.
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 as defined in Section 311.020, RSMo., or who is visibly intoxicated
as defined in Section 577.001, RSMo., or has a detectable blood alcohol
content of more than two-hundredths of one percent (0.02%) or more
by weight of alcohol in such person's blood is guilty of an ordinance
violation. For purposes of prosecution under this Section or any other
provision of this Chapter involving an alleged illegal sale or transfer
of intoxicating liquor to a person under twenty-one (21) years of
age, a manufacturer-sealed container describing that there is intoxicating
liquor therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor in such container. The alleged
violator may allege that there was not intoxicating liquor in such
container, but the burden of proof of such allegation is on such person,
as it shall be presumed that such a sealed container describing that
there is intoxicating liquor therein contains intoxicating liquor.
B.
For purposes of determining violation of any provision of this Chapter,
or of any rule or regulation of the Missouri Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was not intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
C.
INTOXICATED CONDITION
Definition. As used in this Section, the following term shall have
this prescribed meaning:
A person is in an intoxicated condition when he/she is under
the influence of alcohol, controlled substance, or drug, or any combination
thereof.
D.
Any person who pleads guilty or is found guilty in violation of this
Section shall be punished by a fine of not less than ten dollars ($10.00)
or not more than five hundred dollars ($500.00) or by imprisonment
for up to ninety (90) days, or by both fine and imprisonment.
[Ord. No. 2016-1192 § 175, 5-16-2016]
A.
Any person of the age of seventeen (17) years and under the age of
twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, except in cases
authorized by law, shall upon conviction be deemed guilty of an ordinance
violation. Any person under the age of seventeen (17) years who shall
represent that he/she has attained the age of twenty-one (21) years
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, except in cases authorized by law, may be
considered a delinquent child and may be dealt with in accordance
with the provisions of Chapter 211, RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered driver's license, identification card issued by any uniformed service of the United States or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[Ord. No. 2016-1192 § 180, 5-16-2016]
No holder of a license under this Chapter, nor any other person,
shall for any purpose whatsoever mix or permit or cause to be mixed
with any alcoholic beverage kept for sale, sold or supplied, by him/her
as a beverage, any drugs or form of methyl alcohol or impure form
of alcohol.
[Ord. No. 2016-1192 § 185, 5-16-2016]
No alcoholic beverage shall be drunk, consumed, or publicly
exhibited in a public dining room, restaurant, restroom, soda fountain
or any place where meals or lunches and soft drinks are served, where
the owner or manager exhibits in the premises signs or placards to
the effect that alcoholic beverages shall not be drank in or about
the premises. Such signs or placards shall be of sufficient size and
in sufficient number to be easily discernible to the public view.
[Ord. No. 2016-1192 § 190, 5-16-2016]
A.
It shall be unlawful for any person to drink, consume, transport,
carry, or possess any intoxicating beverage, except in the original
package or container with the seal unbroken, on a public street, sidewalk,
parkway, public parking lot, or semi-public parking lot, except along
West Benton Street from North Folger Street to North Main Street.
[Ord. No. 2019-1328, 9-16-2019]
B.
INTOXICATING BEVERAGE
SEMI-PUBLIC PARKING LOT
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Any liquid intended for human consumption containing more
than one-half of one percent (0.5%) by volume of alcohol.
Any area wherein motor vehicles are parked by the public
in conjunction with any business, enterprise, commercial establishment,
office building, or apartment building.
[Ord. No. 2016-1192 § 195, 5-16-2016; Ord.
No. 2021-1388, 10-4-2021]
All opening and closing hours for any holder of a license for
the sale of intoxicating liquor, light wines, or malt liquor shall
be in accordance with the provisions of State law governing such license.
[Ord. No. 2016-1192 § 200, 5-16-2016]
A.
Any person violating any provision of this Chapter, in addition to
any other penalties herein specified, may, upon a plea of guilty or
a finding of guilty of a violation of any Section under this Chapter
or part thereof, be fined not in excess of five hundred dollars ($500.00)
or imprisoned up to ninety (90) days or by both such fine and imprisonment.
B.
Each violation shall constitute a separate offense.
[Ord. No. 2016-1192 § 205, 5-16-2016]
No license shall be issued hereunder unless the applicant shall
file with the application a certificate of insurance by an insurance
company authorized to do business in the State of Missouri, certifying
that the applicant has in force and effect the insurance required
by State Law.
[Ord. No. 2016-1192 § 210, 5-16-2016]
Any licensee may renew his/her license at the expiration thereof,
provided that he/she is then qualified to receive a license and the
premises for which such renewal license is sought are suitable for
such purpose; provided, further, that the renewal privilege herein
provided for shall not be construed as a vested right which shall
in any case prevent the Mayor from decreasing the number of licenses
to be issued within his/her jurisdiction.
[Ord. No. 2016-1192 § 215, 5-16-2016]
It shall be unlawful to peddle alcoholic liquor in the Town.
[Ord. No. 2016-1192 § 220, 5-16-2016]
The Mayor may suspend for not more than thirty (30) days or
may revoke for cause any liquor license for any violation of any provision
of this Chapter, for any violation of any State law pertaining to
the sale of alcoholic liquor as provided by law, or for the failure
to pay any taxes or other debts owed to the Town.
