[Ord. No. 387 § 1, 1-12-2016[1]]
Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital City regulation of the sale and distribution of alcohol beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important City policy goals such as maintaining
an orderly marketplace composed of City-licensed alcohol producers,
importers, distributors, and retailers.
[1]
Editor's Note: This ordinance repealed former Ch. 600,
Alcoholic Beverages, as amended 8-3-2005 by Ord. No. 221 § 2.
[Ord. No. 387 § 1, 1-12-2016]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Means and 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 (1/2 of 1%) by volume. All beverages
having an alcoholic content of less than one-half of one percent (1/2
of 1%) by volume shall be exempt from the provisions of this Chapter.
Means an alcoholic beverage containing alcohol not in excess
of five percent (5%) by weight.
Means and includes any individual, association, joint stock
company, syndicate, copartnership, corporation, receiver, trustee,
conservator, or other officer appointed by any State or Federal court.
[Ord. No. 387 § 1, 1-12-2016]
A.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
except that when a school, church or place of worship shall hereafter
be established within one hundred (100) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for this reason. Said one hundred (100) feet shall be measured on
a straight line between the closest point of the establishment, as
described in the license application, and the closest point of the
school or church building.
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 issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
[Ord. No. 387 § 1, 1-12-2016]
A.
No person or his employee shall sell or supply intoxicating liquor
or permit it to be sold or supplied to an habitual drunkard or to
any person who is under or apparently under the influence of intoxicating
liquor.
B.
Intoxicating liquor shall not be given, sold or otherwise supplied
to any person under the age of twenty-one (21) years, but this shall
not apply to the supplying or administering of intoxicating liquor
to a person under twenty-one (21) years of age for medicinal purposes
only by a physician or by the parent or guardian of such person.
[Ord. No. 387 § 1, 1-12-2016]
No person under the age of twenty-one (21) years shall purchase,
attempt to purchase or have in his possession any intoxicating liquor
within the City.
[Ord. No. 387 § 1, 1-12-2016]
It shall be unlawful for any person to give, lend, sell or otherwise
provide any person under the age of 21 any falsified identification
or the identification of another person for the purpose of establishing
the age of the minor as being twenty-one (21) years or older.
[Ord. No. 387 § 1, 1-12-2016]
The possession of any document, device or tool or other means
indicating that the person in possession is twenty-one (21) years
of age or older when he is not, is prohibited.
[Ord. No. 387 § 1, 1-12-2016]
[Ord. No. 387 § 1, 1-12-2016]
A.
Generally. During a time when alcohol is being consumed, it shall
be unlawful for any person under twenty-one (21) years of age to be
on the premises of any tavern, bar, nightclub, establishment, event,
or facility that is in the primary business of selling alcohol.
B.
Exemptions. This Section shall not apply to:
1.
Any charitable, religious or other organization that has achieved
501C3 status;
2.
Any person under twenty-one (21) years of age if accompanied
by his or her parent or court-appointed guardian; or
3.
A restaurant that has more than forty percent (40%) of its sales
from food prepared on the premises.
4.
Any person under twenty-one (21) years of age that is an employee
authorized under Section 311.300, RSMo.
[Ord. No. 387 § 1, 1-12-2016]
A.
Any room, house, building, structure or place of any kind where intoxicating
liquors are sold, bartered or kept for sale or barter, without being
licensed for the sale of intoxicating liquors, is declared to be a
public and common nuisance.
B.
Any person who maintains or assists in maintaining such public and common nuisance or any person who shall permit his property to be occupied or used for the sale or barter of intoxicating liquor, in violation of this Section, upon conviction shall be punished under Section 100.220 of the City code.
C.
In addition to the penalty prescribed in subsection (B) of this Section, the City shall be authorized and empowered to institute, in its name, in the Circuit Court of the County, an action to enjoin the nuisance, and such action shall be governed by the general rules and laws of the State that pertain to actions in equity to enjoin and abate public nuisances. Any person who has a City license authorizing the sale of intoxicating liquor shall remain a closed place when mandated by State law.
[Ord. No. 387 § 1, 1-12-2016]
No person shall purchase, sell, give away or otherwise dispose
of any intoxicating liquor, or allow such acts to be done upon or
about his premises, in any quantities, at any time when such disposal
is prohibited by the law of the State.
[Ord. No. 387 § 1, 1-12-2016]
No person shall sell, give away or otherwise dispose of or permit
the sale or disposition on or about his premises of any intoxicating
liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M.
on weekdays or at any time on Sunday after 1:30 A.M. and before 6:00
A.M. Monday, unless otherwise allowed by the law of the State.
[Ord. No. 387 § 1, 1-12-2016]
A.
No person having a liquor license shall sell, give away or otherwise
dispose of or permit the sale or disposition on or about his premises
of any intoxicating liquor in any quantity between the hours of 1:30
A.M. and 6:00 A.M.; and no person shall sell, give away or otherwise
dispose of or permit the sale or disposition on or about his premises
of any intoxicating liquor on Sunday unless he has first obtained
a valid license for Sunday sales as provided in this Chapter, unless
otherwise allowed by the law of the State.
B.
Where a license authorizing the sale of intoxicating liquor by the
drink is held by a club or hotel, this Section shall apply only to
the room in which intoxicating liquor is dispensed. Where such license
is held by a restaurant whose business is conducted in one room only
and substantial quantities of food and merchandise other than intoxicating
liquors are dispensed, the licensee shall keep securely locked, during
the hours and on the days specified in this Section, all refrigerators,
cabinets, cases, boxes and taps from which intoxicating liquor is
dispensed.
C.
The term "closed place" shall be deemed to be a place where all doors
are locked and where no patrons are in the place or about the premises.
[Ord. No. 387 § 1, 1-12-2016]
The holder of a license issued pursuant to this Chapter authorizing
the sale of any intoxicating liquor at retail shall not keep or secrete
or allow any other person to keep or secrete, in or upon the premises
described in the license, any intoxicating liquor other than the kind
of liquor expressly authorized to be sold by the licensee.
[Ord. No. 387 § 1, 1-12-2016]
Intoxicating liquor purchased in the original package shall
not be consumed or permitted to be consumed upon any premises where
intoxicating liquor is authorized to be sold, nor shall such packages
be opened on the premises where purchased.
[Ord. No. 387 § 1, 1-12-2016]
No person, agent or employee of any person in any capacity shall
sell intoxicating liquor in any other place than that designated in
a liquor license issued pursuant to this Chapter or in the license
of his employer or at any other time or otherwise than is authorized
by this Chapter.
[Ord. No. 387 § 1, 1-12-2016]
Except as authorized under Section 311.300, RSMo., no liquor
license holder shall employ any person under the age of twenty-one
(21) years to sell or assist in the sale or dispensing of intoxicating
liquor, and no person under the age of twenty-one (21) years shall
sell or assist in the sale of intoxicating liquor.
[Ord. No. 387 § 1, 1-12-2016]
[Ord. No. 387 § 1, 1-12-2016]
No person shall sell or expose for sale, either at wholesale
or retail in the City, intoxicating liquor in any quantity without
first obtaining a liquor license from the City, except as otherwise
provided in this Chapter.
[Ord. No. 387 § 1, 1-12-2016]
An application for a liquor license required by this Chapter
shall be filed with the City Clerk, on forms furnished by the City
Council, and shall be signed and sworn to by the applicant. Every
applicant for a license under this Chapter shall file a verified application
therefor, which shall state the facts as to the applicant's qualifications
for such license and shall be made on a form prepared by the City
Clerk. If the applicant has complied with all City building, fire,
health, zoning or other relevant City codes at the time of filing
the application, the City shall issue the license or give notice of
denial within thirty (30) days of the receipt of the application,
or, if the applicant has not met all code requirements at the time
of the application, the license shall be issued or the notice of denial
shall be given within thirty (30) days after the applicant provides
proof of compliance with City codes.
[Ord. No. 387 § 1, 1-12-2016]
A.
As a condition of being granted, or being allowed to hold, or continuing
to hold, a license issued under this Chapter, all licensees and applicants
for licenses issued under this Chapter shall allow the premises licensed
or to be licensed and all portions of the outbuildings of the premises,
including but not limited to all rooms, cellars, outbuildings, passageways,
closets, vaults, yards, attics and all buildings used in connection
with the operations carried on under the license and which are in
the licensee's or applicant's possession or under his control,
and all places where he keeps or has liquor stored, to be entered
and inspected by the building inspector or his designee, Fire Department
officials, Police Officers and persons authorized by the Police Department
to carry out or assist in such work, to verify the licensee's
or applicant's compliance with the Federal, State and local laws,
regulations and ordinances applicable to the operation and conduct
of the business of the licensee or applicant.
B.
Failure or refusal of an applicant or licensee, or any of his employees
or agents, to allow such officers or authorized persons to perform
such inspections of the premises at any time the applicant or licensee
is open for business, or at any other reasonable time, shall be grounds
for the non-issuance, suspension, revocation or non-renewal of a liquor
license by the City.
[Ord. No. 387 § 1, 1-12-2016]
All applications for a license required under this Chapter shall
be approved by the City Council.
[Ord. No. 387 § 1, 1-12-2016]
No natural person shall be granted a liquor license unless such
person is of good moral character and a lawful resident of the United
States, and no corporation shall be granted a liquor license unless
the managing officer of the corporation is of good moral character.
The City shall not suspend, revoke, refuse to renew or refuse to grant
a license issued under the provisions of this Chapter based on a violation
of any provision of this Chapter or of Chapter 311, RSMo., or of any
rule or regulation promulgated by the Supervisor of Liquor Control,
when such violation occurred more than three (3) years prior to the
City's decision to suspend, revoke, refuse to renew or refuse
to grant such license.
[Ord. No. 387 § 1, 1-12-2016]
A "microbrewery," as defined by the Missouri liquor laws of
the State of Missouri and licensed by the State of Missouri may apply
to the City Clerk and obtain a license to sell intoxicating liquor
by the drink at retail for consumption on the premises. The fee shall
be four hundred fifty dollars ($450.00). If the microbrewery is licensed
by the State of Missouri to sell intoxicating liquor by the drink
for consumption on the premises on Sunday, the microbrewery may apply
to the City Clerk and receive a Sunday sales liquor license from the
City. The fee shall be three hundred dollars ($300.00).
[Ord. No. 387 § 1, 1-12-2016]
A.
Any charitable, fraternal, religious, service or veterans' organization
which has obtained an exemption from the payment of Federal income
taxes as provided in Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7),
501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the United States
Internal Revenue Code of 1954, as amended, and which has been issued
a State license to sell intoxicating liquor by the drink pursuant
to the provisions of Section 311.090, RSMo., and which otherwise meets
the requirements of and complies with the ordinances of the City may
apply for, and the City may issue, a license to sell intoxicating
liquor, as defined in Chapter 311, RSMo., by the drink at retail for
consumption on the premises.
B.
Any such place that has been licensed by the State Supervisor of
Liquor Control to sell intoxicating liquors by the drink at retail
on the premises of such establishment shall, immediately after obtaining
such State license, apply to the City Clerk for a license to sell
intoxicating liquors by the drink at retail on the premises. The application
shall particularly describe the premises.
C.
All applications for a license required under this Section shall
be approved by the City Council.
D.
No intoxicating liquor shall be sold by such establishment until
the City Clerk has issued the license required by this Section.
E.
Fee. Every such establishment authorized and licensed by the State
Supervisor of Liquor Control to sell intoxicating liquors by the drink
at retail on the premises shall pay an annual fee to the City in the
sum of four hundred fifty dollars ($450.00) and shall be due and payable
in advance on July 1 of each year. A licensee who applies for and
is granted a license for part of a year to July 1 shall pay therefor
1/12 of the annual fee for every month from the date of issuance to
July 1 thereafter.
F.
No license required by this Section shall be issued until the sum
prescribed by this Section for such license shall be paid to the City
Clerk and the receipt therefor presented with the application for
the license.
G.
No establishment having a license under this Section shall sell or
dispense any intoxicating liquor between the hours of 1:30 A.M. and
6:00 A.M. on weekdays, and between the hours of 1:30 A.M. Sunday and
6:00 A.M. Monday.
H.
Any establishment that has obtained a license from the State to sell
intoxicating liquor on Sundays may obtain a license from the City
to sell intoxicating liquor on Sundays for the sum of three hundred
dollars ($300.00).
[Ord. No. 387 § 1, 1-12-2016]
A.
Resort Defined. The definition of a resort and criteria for a resort
establishment are as follows:
1.
As used in this Section, the term "resort" means 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 (A)(2) of this Section. 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 receipts 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.
2.
A seasonal resort restaurant is a restaurant which is not a
new restaurant establishment and which is open for business eight
(8) or fewer consecutive months in any calendar year. Fifty percent
(50%) of all gross sales of such restaurant shall be sales of prepared
meals. Any new seasonal resort restaurant establishment having been
in operation for less than twelve (12) weeks may be issued a temporary
license to sell intoxicating liquor by the drink at retail for consumption
on the premises for a period not to exceed ninety (90) days if the
seasonal resort restaurant establishment can show a projection for
annualized gross sales of which fifty percent (50%) shall be sales
of prepared meals. The temporary license fee and the annual license
fee shall be prorated to reflect the period of operation of the seasonal
resort restaurant. The license shall be valid only during the period
for which application was made and for which the fee was paid. Any
seasonal resort restaurant upon resuming business for its season of
operation shall not be considered a new establishment for purposes
of issuing a temporary license. Nothing in this Subsection shall prohibit
a seasonal resort restaurant from becoming a resort restaurant upon
application, payment of fees, and compliance with the requirements
of this Chapter.
3.
Any new resort or restaurant establishment having been in operation
for less than ninety (90) days may be issued a temporary license to
sell intoxicating liquor by the drink at retail for consumption on
the premises for a period not to exceed ninety (90) days if the resort
or restaurant establishment can show a projection of annual gross
receipts of not 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. The license fee shall be
prorated for the period of the temporary license based on the cost
of the annual license for the establishment.
B.
Application For City License. Any such place that has or may be licensed
by the State Supervisor of Liquor Control to sell intoxicating liquors
by the drink at retail on the premises of such establishment shall,
immediately after obtaining such State license, apply to the City
Clerk for a license to sell intoxicating liquors by the drink at retail
on the premises of such establishment.
C.
Fee. Every such establishment authorized and licensed by the State
Supervisor of Liquor Control to sell intoxicating liquors by the drink
at retail on the premises shall pay an annual fee to the City in the
sum of four hundred fifty dollars ($450.00).
D.
Any establishment that has obtained a license from the State to sell
intoxicating liquor on Sundays may obtain a license from the City
to sell intoxicating liquor on Sundays for the sum of three hundred
dollars ($300.00).
[Ord. No. 387 § 1, 1-12-2016]
A separate license shall be required for each place of business
subject to this Chapter.
[Ord. No. 387 § 1, 1-12-2016]
A.
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 or more of the following businesses: a drug store,
a cigar and tobacco store, a grocery store, a general merchandise
store, a confectionery or delicatessen store, nor to any such person
who does not have and keep in his 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. For every license for
sale at retail in the original package, the licensee shall pay to
the City Clerk the sum of one hundred fifty dollars ($150.00) per
year.
B.
For a permit authorizing the sale of malt liquor not in excess of
five percent (5%) by weight by grocers and other merchants and dealers
in the original package direct to consumers but not for resale, a
fee of seventy-five dollars ($75.00) per year payable to the City
Clerk shall be required. The phrase "original package" shall be construed
and held to refer to any package containing three (3) or more standard
bottles of beer. Any person licensed pursuant to this Subsection may
also sell malt liquor at retail between the hours of 9:00 A.M. and
12:00 Midnight on Sunday.
C.
For every license issued for the sale of malt liquor at retail by
the drink for consumption on the premises where sold, the licensee
shall pay to the City Clerk the sum of seventy-five dollars ($75.00)
per year. Any person licensed pursuant to this Subsection may also
sell malt liquor at retail between the hours of 9:00 A.M. and 12:00
Midnight on Sunday.
D.
For every license issued for the sale of malt liquor and light wines
containing not in excess of fourteen percent (14%) of alcohol by weight
made exclusively from grapes, berries and other fruits and vegetables,
at retail by the drink for consumption on the premises where sold,
the licensee shall pay to the City Clerk the sum of seventy-five dollars
($75.00) per year.
E.
For every license issued for the sale of all kinds of intoxicating
liquor, at retail by the drink for consumption on premises of the
licensee, e.g., resorts and fraternal and other exempt organizations,
the licensee shall pay to the City Clerk the sum of four hundred fifty
dollars ($450.00) per year, which shall include the sale of intoxicating
liquor in the original package.
F.
For every license issued to a microbrewery licensed by the State
to sell intoxicating beverages by the drink for consumption on the
premises, the microbrewery shall pay to the City Clerk the sum of
four hundred fifty dollars ($450.00) per year, which shall include
the sale of intoxicating liquor in the original package.
G.
In addition to the fees in Subsections (A), (D), (E), and (F) of this Section, any licensee licensed under those sections and desiring to sell alcoholic beverages on Sunday, under the Sunday sales law, shall pay an additional fee of three hundred dollars ($300.00) to the City Clerk for a Sunday sales license, provided he or she has first obtained a State license to sell alcoholic beverages on Sunday.
H.
For every license issued to a wholesaler of intoxicating liquor,
the wholesaler shall pay a fee of one hundred fifty dollars ($150.00)
to the City Clerk.
I.
Summary of liquor license fees:
1.
Intoxicating liquor original package: one hundred fifty dollars
($150.00) (Sunday sales: three hundred dollars ($300.00)).
2.
Malt liquor original package not to exceed five percent (5%):
seventy-five dollars ($75.00) (includes Sunday sales).
3.
Malt liquor by the drink not to exceed five percent (5%): seventy-five
dollars ($75.00) (includes Sunday sales).
4.
Malt liquor and wine by the drink not to exceed fourteen percent
(14%): seventy-five dollars ($75.00) (Sunday sales: three hundred
dollars ($300.00)).
5.
Resorts, liquor by the drink: four hundred fifty dollars ($450.00)
(Sunday sales: three hundred dollars ($300.00)).
6.
Exempt organizations, liquor by the drink: four hundred fifty
dollars ($450.00) (Sunday sales: three hundred dollars ($300.00)).
7.
Microbrewery, liquor by the drink: four hundred fifty dollars
($450.00) (Sunday sales: three hundred dollars ($300.00)).
[Ord. No. 387 § 1, 1-12-2016]
The City Clerk shall collect the fees assessed pursuant to this
Chapter, and such fees shall be accounted for and paid into the City
Treasury as other funds collected by the City Clerk are accounted
for and paid into the Treasury.
[Ord. No. 387 § 1, 1-12-2016]
No license required by this Chapter shall be issued until the
sum prescribed by this Chapter for such license shall be paid to the
City Clerk and this receipt therefor presented with the application
for the license.
[Ord. No. 387 § 1, 1-12-2016]
Upon the approval by the City Council, the City Clerk shall
have authority to issue the licenses required by this Chapter.
[Ord. No. 387 § 1, 1-12-2016]
The City Clerk shall keep an accurate record of all licenses
issued in accordance with this Chapter and shall report the licenses
issued monthly to the City Council.
[Ord. No. 387 § 1, 1-12-2016]
A license issued under this Chapter shall be valid for a period
of one (1) year from July 1 to the following June 30.
[Ord. No. 387 § 1, 1-12-2016]
Each liquor license issued pursuant to this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not authorize or permit the sale of intoxicating
liquor at any place other than that described therein.
[Ord. No. 387 § 1, 1-12-2016]
Liquor licenses shall at all times be prominently displayed
in the room in which the licensed business is conducted, and it shall
be unlawful for any liquor licensee to carry on or conduct any licensed
liquor business without keeping his license within plain view in his
place of business.
[Ord. No. 387 § 1, 1-12-2016]
No license issued under this Chapter shall be transferable or
assignable.
[Ord. No. 387 § 1, 1-12-2016]
A.
A licensee having a license to sell intoxicating liquor under this
Chapter may not allow or permit the operating or playing of any radio,
television, phonograph, live band, drum, musical instrument, sound
amplifier, loudspeaker, public address system or similar device which
either produces, reproduces, or amplifies the sound of said noise:
1.
To a level exceeding the noise level of forty-five (45) decibels
at the boundary of any zoned residential property, said noise level
to be measured by a hand-held decibel meter rented, leased, owned,
or under the control of the St. Charles County Police. If said noise,
at the boundary of any zoned residential property, exceeds the noise
level of forty-five (45) decibels it shall be deemed a peace disturbance
and prima facie evidence of a violation of this Section; or
2.
To a volume which is audible at a distance greater than two
hundred fifty (250) feet from the source of the sound, said distance
to be measured from the exterior walls of the establishment. Any such
sound or noise shall be deemed a peace disturbance and prima facie
evidence of a violation of this Section.
B.
Any person violating this Section of this Chapter shall be subject to the penalty provided for in section 100.220 of the City Code. Each day this Section is violated shall be a separate offense. At the discretion of the court, upon conviction the court may suspend the licensee's license for a period not to exceed thirty (30) days.
C.
In addition, any licensee violating this Section of this Chapter
shall also be subject to license revocation pursuant to this Chapter.
[Ord. No. 387 § 1, 1-12-2016]
A.
If any person having a current license to sell intoxicating beverages
at a place of business designated on the license shall, for any reason,
cease to operate such business at the address or place of business
designated on the license, he shall not be entitled to a renewal of
such license for or at a different address or place of business.
B.
Any person who has ceased to operate under a license for sale of
intoxicating beverages and who desires to open such business at a
different address shall be required to make application for a new
license the same as if he had never been licensed in the City, and
such application may be denied or a license issued as the City Council
may deem fit and proper.
[Ord. No. 387 § 1, 1-12-2016]
An alcoholic beverage License Compliance Board is hereby created
to review new license applications and compliance by any holder of
a City liquor license. The City Clerk, City Administrator, and Chief
of Police or his designee shall serve on the Board.
[Ord. No. 387 § 1, 1-12-2016]
A.
The License Compliance Board may, in addition to other penalties
provided by ordinance, suspend or revoke a license issued under this
Chapter if the licensee or his employees or agents violate any of
the following provisions:
1.
An offense resulting in a conviction involving the use of force
or violence upon the person of another in the operation of the business
of the licensee.
2.
A conviction of a crime involving a felony by the licensee or
any of the officers or the managing officer of the licensee.
3.
Any false, misleading or fraudulent statement of fact in the
license application for the licensee or in any other document required
by the City in conjunction therewith.
4.
Violation of any of the provisions of this Chapter or any of
the laws of this City.
5.
Violation of the laws of the State or the United States of America
or any rule or regulation pertaining to the sale and licensing of
intoxicating liquors.
6.
Operation of the business in such a manner that it constitutes
a nuisance to the neighborhood.
7.
Conduct by the officers, employees or managing officers of the
licensee such as public drunkenness when working or while on the premises,
indecent exposure when working or when on the premises, or other similar
conduct which shows improper conduct by an individual who is licensed
pursuant to this Chapter. For purposes of this Section, the term "premises"
shall include the licensed premises, the parking lots and the area
around the business which is owned, used and maintained as part of
the business.
B.
This list is not all-inclusive. Other bad acts by the licensee or
his agents may result in suspension or revocation.
C.
Any person violating any section of this Chapter shall also be subject to the penalty provided for in section 100.220 of the City Code.
D.
The License Compliance Board shall notify the licensee in writing of the intended action and the reasons therefor, and of the right to request a hearing in regard thereto. The action indicated in the written notice shall be final unless the licensee shall file a written request for hearing with the City Clerk within ten (10) days of the notice. If a notice of hearing is received, the City Clerk shall proceed in accordance with section 600.930.
[Ord. No. 387 § 1, 1-12-2016]
Any person who has been denied a license or renewal thereof
by the License Compliance Board under this Chapter or who is licensed
pursuant to this Chapter and who has received a notice of intent to
suspend or revoke the license may request a hearing before the City
Council. Requests for such hearings shall be filed with the City Clerk
within ten (10) days after notice is given of the denial or the intention
to suspend or revoke. Upon receipt of a timely written request for
hearing, the City Council shall call a hearing and shall set forth
in writing and send to the applicant or licensee or permittee, by
means of registered mail, certified mail or hand delivery, notice
that, within a period of not less than five (5) days and not more
than fourteen (14) days from the date of the mailing of the notice,
a hearing shall be conducted to determine the existence of any facts
which constitute grounds for the denial, suspension or revocation
of a license or permit. The notification shall include the date, time
and place of the hearing. The applicant or licensee may have the assistance
of counsel or may appear by counsel and shall have the right to present
evidence. If the applicant or licensee fails to appear at the hearing,
the evidence of the existence of facts which constitute grounds for
the denial, suspension or revocation of the license or permit shall
be considered unrebutted. The hearing need not be conducted according
to the rules of evidence. Any relevant evidence may be admitted and
considered by the City Council if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious
affairs. Objections to evidence shall be noted and a ruling given
by the City Council. The City Council shall have authority to rule
on all issues of law and fact. A copy of the decision of the City
Council specifying findings of fact and the reasons for the decision
shall be furnished to the applicant or licensee. The final decision
shall be issued in written form within thirty (30) days of the completion
of the hearing. For purposes of appeal, the decision of the City Council
shall be final. Upon a final decision being rendered, the parties
shall be informed of the right to appeal under the provisions of the
Administrative Procedure Act, Chapter 536, RSMo. Any decision not
appealed within thirty (30) days from the date of a decision is final.
Upon receipt of the notice of appeal, the record shall be prepared
immediately and filed with the appropriate court and the City Council's
order shall be stayed.
[Ord. No. 387 § 1, 1-12-2016]
Whenever the City has revoked a liquor license, it shall be
necessary before any license is issued to operate a liquor establishment
at the same location that the procedures for issuance of a license
be followed as set forth in this Chapter.
[Ord. No. 387 § 1, 1-12-2016]
Before the City Council renews a liquor license issued under this Chapter, the License Compliance Board shall determine if the applicant has complied with the laws of the City pertaining to liquor establishments. If the Board determines that the applicant has failed to comply with the laws of the City, the Board shall not issue the license and shall notify the applicant pursuant to section 600.930.
