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.
CLUB
Any duly organized branch or local unit of a fraternal society
which shall have a national organization and an affiliated State organization,
and which branch or local unit shall have a permanent meeting place
within the City, and the purposes of which are purely religious, charitable,
benevolent or philanthropic.
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
COMMON EATING AND DRINKING AREA
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 payment of common area maintenance
charges, as provided in the respective leases permitting the uses
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).
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
DISORDERLY, LEWD OR INDECENT CONDUCT
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
1.
The exposure of one's genitals, buttocks, vulva, pubic hair,
pubic area or the female breast below a point immediately above the
top of the areola for the purpose of sexual arousal or gratification
or which is likely to cause affront or alarm; provided, however, that
any exposure of the female breast necessarily incident to breastfeeding
an infant shall not be deemed to be a violation of this Chapter; or
2.
The touching, caressing or fondling of the breasts, buttocks
or genitals, whether clothed or unclothed, for the purpose of sexual
arousal or gratification or which is likely to cause affront or alarm;
or
3.
Acts or representations of acts of human masturbation, sexual
intercourse or sodomy, bestiality, cunnilingus, fellatio, flagellation
or torture by or upon a person as an act of sexual stimulation or
gratification; or
4.
Acts or representation of acts of urination or defecation, other
than of the public view in the proper receptacles of public or private
comfort stations, restroom, toilets or other similar facilities provided
for these acts.
FINANCIAL INTEREST
As used in this Chapter, 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 guise of royalties, commissions, salaries, or any
other form whatsoever.
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
PERSON
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
PREMISES
The entire building in which a licensee has his/her place
of business and any additional building used in connection therewith,
and the entire lot or parcel of land on which the buildings are situated
or which are used in connection with the building.
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
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.
SALE BY THE DRINK
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.
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
TRANSPORTATION COMPANY
Any person engaged in the business of transportation for
hire or goods or merchandise by use or means of any vessel, railroad
car, motor vehicle, airplane or other kind of transportation whatsoever,
to whom or to which any of the provisions of this Chapter applies
or may apply.
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
WHOLESALE DISTRIBUTORS
Any person, firm or corporation who solicits, receives or
takes orders for the purchase and delivery of any alcoholic beverage
to duly licensed retailers for resale.
[R.O. 2004 § 600.010; Ord. No.
02-12 Art. I § 1, 4-9-2002; Ord. No. 06-11 § 4, 2-14-2006]
[R.O. 2004 § 600.020; Ord. No.
02-12 Art. I § 2, 4-9-2002]
It shall be unlawful for any person to consume intoxicating
liquor upon any public street, sidewalk, alley, or on or in any business
parking lot generally open to the public. This Section shall not apply
to the consumption of any intoxicating liquor consumed inside a designated
area of an establishment licensed to sell intoxicating liquor by the
drink.
[R.O. 2004 § 600.030; Ord. No.
02-12 Art. I § 3, 4-9-2002]
A. Any
person who possesses the qualifications required by this Chapter,
or who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the City may issue,
a license to sell intoxicating liquor, as defined in this Chapter,
by the drink at retail not for consumption on the premises where sold
but for consumption in a common eating and drinking area, as described
in the application for such license. In addition to all other fees
required by law, each establishment in a common eating and drinking
area licensed under this Subsection shall pay to the City the sum
of four hundred fifty dollars ($450.00) per year.
B. Any
person who possesses the qualifications required by this Chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the City may issue,
a license to sell intoxicating liquor, as defined in this Chapter,
between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday,
by the drink at retail not for consumption on the premises where sold
but for consumption in a common eating and drinking area, as described
in the application for such license. In addition to all other fees
required by law, each establishment in a common eating and drinking
area licensed under this Subsection shall pay an additional fee of
three hundred dollars ($300.00) a year payable at the same time and
in the same manner as its other license fees.
[Ord. No. 22-02, 3-24-2022]
C. It shall be unlawful for any person to sell or offer for sale within this City any intoxicating liquor, as defined in Section
600.010, by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area as described in the application for such license, except when the same is sold or offered for sale in special containers distinguishable by the selling establishment's name and/or its logo and by the type of drink (beer or mixed drink).
D. A common eating and drinking area, as defined in Section
600.010, within this City shall be designated by the posting of signs at all entrances and exits to the common eating and drinking area, and all sales and consumption of alcoholic beverages shall be restricted to this designated area. Signs posted shall state that alcoholic beverages are prohibited except within this designated common eating and drinking area.
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.
[R.O. 2004 § 600.080; Ord. No.
02-12 Art. I § 8, 4-9-2002]
When January 1, March 17, July 4 or December 31 falls on a 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 or any other provision of law to the contrary.
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.
[Ord. No. 22-02, 3-24-2022]
A. Notwithstanding
any provision of law to the contrary, any person who is licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption
may sell retailer-packaged alcoholic beverages to customers in containers,
filled on such premises by any employee of the retailer who is twenty-one
(21) years of age or older, for off-premises consumption if all the
following requirements are met:
1. The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A "sealable" container does not include a
container with a lid with sipping holes or openings for straws;
2. The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3. The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subsection,
a "meal" is defined as food that has been prepared on-premises;
4. The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5. The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcoholic beverages; and
6. The container is either:
a. Placed in a one-time-use, tamperproof, transparent bag that is securely
sealed; or
b. The container opening is sealed with tamperproof tape.
7. For purposes of this Subsection, "tamperproof" means that a lid,
cap, or seal visibly demonstrates when a bag or container has been
opened.
B. Containers that are filled under Subsection
(A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
C. The
filling of a container under this Section shall be in compliance with
Section 3-304.17(c) of the 2009 Food and Drug Administration Food
Code.
D. No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection
(A) of this Section to any person who is licensed to sell intoxicating liquor at retail.
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.
[R.O. 2004 § 600.140; Ord. No.
02-12 Art. I § 15, 4-9-2002]
It is unlawful for any person to give, lend, sell or otherwise
provide another person with any falsified identification or the identification
of another person for the purpose of establishing the age of such
person as being twenty-one (21) years of age or older.
[R.O. 2004 § 600.150; Ord. No.
02-12 Art. I § 16, 4-9-2002]
A. Any person 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 a violation of this Chapter. 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 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 shall be guilty of a violation of this Chapter.
[R.O. 2004 § 600.160; Ord. No.
02-12 Art. I § 17, 4-9-2002]
A. A valid and unexpired operator's or chauffeur's license issued under
the provisions of Section 302.177, RSMo., or a valid and unexpired
operator's or chauffeur's license issued under the laws of any state
or territory of the United States to residents of those states or
territories, or a valid and unexpired identification card as provided
for under Section 302.181, RSMo., or a valid and unexpired identification
card issued by any uniformed service of the United States, or a valid
and unexpired passport shall be presented by the holder thereof upon
request of any agent of the Division of Alcohol and Tobacco Control
or the servant, agent or employee thereof for the purpose of aiding
the licensee or the servant, agent or employee to determine whether
or not the person is at least twenty-one (21) years of age when such
person desires to purchase or consume alcoholic beverages procured
from a licensee. Upon such presentation the licensee or the servant,
agent or employee thereof shall compare the photograph and physical
characteristics noted on the license, identification card or passport
with the physical characteristics of the person presenting the license,
identification card or passport.
B. Upon proof by the licensee of full compliance with the provisions
of this Section, no penalty shall be imposed if the Supervisor of
the Division of Alcohol and Tobacco Control or the courts are satisfied
that the licensee acted in good faith.
C. Any person who shall, without authorization from the Department of
Revenue, reproduce, alter, modify or misrepresent any chauffeur's
license, motor vehicle operator's license or identification card shall
be deemed guilty of a violation of this Chapter.
[R.O. 2004 § 600.210; Ord. No.
02-12 Art. I § 22, 4-9-2002]
All licensees under this Chapter shall at all times keep and
maintain an orderly place upon the premises for which a license to
sell intoxicating liquor has been issued.