[R.O. 2004 § 600.230; Ord. No.
02-12 Art. II § 1, 4-9-2002]
It shall be unlawful for any person, whether by himself/herself
or through an agent, servant or employee, to engage in the manufacture,
brewing, sale, exposure for sale or resale, or distribution of intoxicating
liquors, as defined in this Chapter, within the confines of the City
of Weldon Spring, Missouri, without first having duly obtained a proper
license authorizing such manufacture, brewing, sale or distribution
as herein provided. A separate license shall be required for each
place of business and type of sale.
[R.O. 2004 § 600.240; Ord. No.
02-12 Art. II § 2, 4-9-2002]
[R.O. 2004 § 600.250; Ord. No.
02-12 Art. II § 3, 4-9-2002]
A.
Qualifications For Licenses.
1.
No person shall be granted a license hereunder unless such person
is of good moral character and a qualified legal voter and a taxpaying
citizen of the County or City, 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 County or City; and, except as otherwise provided under
Subsection (G) of this Section, 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or permit hereunder whose license as such dealer has been revoked,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 21st 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 who employs in his or her business as such dealer any person whose
license has been revoked unless five (5) years have passed since the
revocation as provided under Subsection (F) of this Section, 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 liquors to, by or through a duly
licensed wholesaler within this State.
2.
Additional Requirements; Exceptions.
a.
No person, partnership or corporation shall be qualified for a license
under this Chapter if such person, any member of such partnership
or such corporation, or any officer, director or any stockholder owning,
legally or beneficially, directly or indirectly, ten percent (10%)
or more of the stock of such corporation or other financial interest
therein, or ten percent (10%) or more of the interest in the business
for which the person, partnership or corporation is licensed, or any
person employed in the business licensed under this Chapter shall
have had a license revoked under this Chapter except as otherwise
provided under Subsections (F) and (G) of this Section, or shall have
been convicted of violating the provisions of any law applicable to
the manufacture or sale of intoxicating liquor since the ratification
of the 21st Amendment to the Constitution of the United States, or
shall not be a person of good moral character.
b.
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor. The Division of Alcohol and Tobacco
Control shall promulgate rules to enforce the provisions of this Subsection.
c.
No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation as defined in this
Section.
B.
A "resident corporation" is defined to be a corporation incorporated
under the laws of this State, all the officers and directors of which,
and all the stockholders, who legally and beneficially own or control
sixty percent (60%) or more of the stock in amount and in voting rights,
shall be qualified legal voters and taxpaying citizens of the county
and municipality in which they reside and who shall have been bona
fide residents of the State for a period of three (3) years continuously
immediately prior to the date of filing of application for a license,
provided that a stockholder need not be a voter or a taxpayer, and
all the resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this Chapter; provided that no corporation
licensed under the provisions of this Chapter on January 1, 1947,
nor any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code,[1] shall be disqualified by reason of the new requirements
herein, except corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight,
or owned or controlled, directly or indirectly, by non-resident persons,
partnerships or corporations engaged in the manufacture of alcoholic
beverages containing alcohol in excess of five percent (5%) by weight.
[1]
Editor's Note: Said reference is to the Federal law as it
existed at the time. Said Section 112 of the Internal Revenue Code
has since been reorganized into various sections of Title 26 of the
United States Code.
C.
The
City Clerk shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and 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. 2004 § 600.260; Ord. No.
02-12 Art. II § 4, 4-9-2002]
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within two hundred (200) feet of any business
or residence until the City shall first notify in writing all landowners
within a distance of two hundred (200) feet of a proposed liquor establishment.
A public hearing shall then be held before the Board of Aldermen where
the public are invited and encouraged to attend.
[R.O. 2004 § 600.270; Ord. No.
02-12 Art. II § 5, 4-9-2002]
A.
Applicants for a license hereunder may procure the proper forms by
written request to the City Clerk setting forth in said request the
specific type and nature of license sought.
B.
Upon receipt of a license application, in addition to answering all
other questions thereon, the applicant shall state his/her name and
address if a person, or if a firm, partnership or association and
the name and address of each member of the firm, partnership or association
so applying, or if the applicant is a corporation, the names and addresses
of all its officers, members of its Board of Directors and their ownership
interests shall be required.
C.
All applications shall contain information describing in detail the
premises for which a given license is being applied and the location
or address thereof in addition to the invoice value of inventory other
than intoxicating liquor at the proposed place of business.
D.
The application shall be accompanied by a recent photograph of the
individual signing his/her name, together with a recent picture of
the exterior and interior of the premises to be provided at the time
the license is issued.
E.
No license shall be granted hereunder unless the applicant renders
full, true and complete answers to all questions contained on said
application; and should an applicant make or cause to be made any
false statements of a material matter in his/her application, the
same shall be deemed cause for suspension or revocation by the City
Board of Aldermen of any license issued pursuant to such application.
F.
In the event the application sought is for an original package license,
an affidavit by the individual owner or, if a partnership, all of
said partners or, if a corporation, the managing officer of said corporation
must be submitted therewith and contain therein the type of business
presently engaged in or in conjunction with which the license shall
be used, and further stating that the applicant has and at all times
keeps in his/her place of business a stock of goods having an invoice
value of at least one thousand dollars ($1,000.00) exclusive of fixtures,
intoxicating liquors.
G.
The application for license shall require the applicant to list no
less than five (5) individuals as character witnesses who have known
applicant over the last five (5) years. Witnesses must have known
the applicant and lived in the same County as the applicant and must
have some familiarity with any past liquor operations by the applicant.
H.
The application for license shall also include a request form for
a criminal record check which shall be investigated by the Missouri
State Highway Patrol.
[R.O. 2004 § 600.280; Ord. No.
02-12 Art. II § 6, 4-9-2002]
Applications for license under the provisions of this Chapter
shall be filed with the City Clerk. At the time of filing application
for a license, the applicant shall pay the appropriate license fee
for the type of license applied for as provided in this Chapter, either
in cash, bank draft, money order, certified check or cashier's check,
made payable to the City. No license shall be granted unless such
fee has been paid.
[R.O. 2004 § 600.290; Ord. No.
02-12 Art. II § 7, 4-9-2002]
A.
The Board of Aldermen shall have the power and duty to determine
whether each new application for a license under the provisions of
this Chapter shall be approved or disapproved. The applicant must
appear before the Board of Aldermen at a regular meeting of the Board.
The Board may consider the following when making a determination of
approval or disapproval of an application:
1.
Appropriate zoning exists for the proposed licensed premises;
2.
The record of the owner and managers of the proposed licensed
premises as law-abiding persons of good moral character;
3.
The provisions of ordinances of the City with regard to the
proximity of the proposed licensed premises to schools; provided,
however, the Board is not empowered to extend the prohibited distance
from the property line to property line of churches or schools more
than two hundred fifty (250) feet;
4.
Compliance of the premises with all Fire Codes applicable to
the proposed licensed premises;
5.
Prior violations of Federal, State, County and City ordinances
by the applicant, owner and manager pertaining to the regulation of
the sale of alcoholic beverages;
6.
The moral character of the applicant, manager and owner of the
proposed licensed premises; and
7.
The moral character of any employee at the proposed licensed
premises.
[R.O. 2004 § 600.300; Ord. No.
02-12 Art. II § 8, 4-9-2002]
No new license shall be issued except upon the approval of the
application therefor by the Board of Aldermen except upon the payment
to the City of the respective fees therefor as herein provided and
except upon furnishing proof of a similar license issued by the State.
Upon such approval, payment of fees and proof of a State license,
the City Clerk shall issue the applicant a license to conduct business
in the City which shall describe the kind of license, the license
fee, the premises on which sale is to be made, the name of the license
holder, the date of issuance and period of time for which such license
is granted.
A.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within two hundred fifty (250) feet of
any school, church or other building regularly used as a place of
religious worship, unless the applicant for the license shall first
obtain the consent in writing of the Board of Aldermen, except that
when a school, church or place of worship shall hereafter be established
within two hundred fifty (250) feet of any place of business licensed
to sell intoxicating liquor, the license shall not be denied for this
reason. Such consent shall not be granted until at least ten (10)
days' written notice has been provided to all owners of property within
two hundred fifty (250) feet of the proposed licensed premises.
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.
[R.O. 2004 § 600.320; Ord. No.
02-12 Art. II § 10, 4-9-2002]
Any business having a license to sell intoxicating beer in the
County, which is annexed by the City, shall be permitted to continue
in operation as licensed by the County and State until the expiration
of said existing license and shall be issued a courtesy license by
the City for the period until the following June 30.
[R.O. 2004 § 600.330; Ord. No.
02-12 Art. II § 11, 4-9-2002]
All licenses granted by virtue of this Chapter shall be signed
by the City Clerk with the Seal of the City affixed thereto.
[R.O. 2004 § 600.340; Ord. No.
02-12 Art. II § 12, 4-9-2002]
Notwithstanding any other provisions of this Chapter to the
contrary, the holder of a microbrewer's license issued by the Supervisor
of Alcohol and Tobacco Control of the State of Missouri pursuant to
Section 311.195, RSMo., may apply to the City, and the Board of Aldermen
may approve a license to sell intoxicating liquor by the drink at
retail for consumption on the brewery premises and in the original
package for off-premises consumption.
[R.O. 2004 § 600.350; Ord. No.
02-12 Art. II § 13, 4-9-2002; Ord. No. 03-17 §§ 1
— 2, 9-25-2003; Ord. No. 04-11 §§ 1 — 2, 6-8-2004]
A.
The following businesses shall be issued a license upon proper application as set forth in this Chapter and upon approval of the Board of Aldermen and upon the payment of the applicable license fee contained in the fee schedule at Section 600.490.
1.
Manufacturers, distillers or blenders of malt liquor not exceeding
five percent (5%) by weight of alcohol shall be entitled to sell to
duly licensed wholesalers and soliciting orders for the sale of malt
liquors containing not in excess of five percent (5%) of alcohol by
weight to, by or through a duly licensed wholesaler but shall not
include the right to sell as a retailer.
2.
Manufacturers, distillers or blenders of intoxicating liquors
of all kinds shall be entitled to sell to duly licensed wholesalers
and soliciting orders for the sale of intoxicating liquors of all
kinds to, by or through a duly licensed wholesaler but shall not include
the right to sell as a retailer.
3.
Distributors or wholesalers of intoxicating liquors not in excess
of five percent (5%) alcohol by weight shall be entitled to sell to
a person duly licensed to sell such liquor at retail and the privilege
of selling to duly licensed wholesalers and soliciting orders for
the sale of malt liquor containing not in excess of five percent (5%)
of alcohol by weight to, by or through a duly licensed wholesaler
within this State.
4.
Distributors or wholesalers of intoxicating liquors of all kinds,
who have fully complied with the provisions of this Chapter, shall
be issued a license for the privilege of selling to a person duly
licensed to sell such intoxicating liquor at retail and the privilege
of selling to duly licensed wholesalers and soliciting orders for
the sale of intoxicating liquor of all kinds to, by or through a duly
licensed wholesaler, except that a license authorizing the holder
to sell to duly licensed wholesalers and to solicit orders for sale
of intoxicating liquor to, by or through a duly licensed wholesaler
shall not entitle the holder thereof to sell direct to retailers.
5.
Retailers selling intoxicating malt liquor by the drink, with
an alcoholic content not in excess of five percent (5%) by weight,
and in the original package, except on Sundays, and/or for consumption
on or off the premises.
6.
Retailers selling intoxicating malt liquor containing alcohol
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, or light wines containing
not in excess of fourteen percent (14%) of alcohol by weight made
exclusively from grapes, berries and other fruits and vegetables,
or both, such malt liquor and wine may be sold by the drink and at
retail in the original package, except on Sundays, and/or for consumption
on or off the premises shall be issued a license.
7.
Retailers selling intoxicating malt liquor with an alcohol content
not more than five percent (5%) by weight in the original package,
except on Sundays, direct to the consumer and not for consumption
on the premises where sold, shall be issued a license.
8.
Retailers selling intoxicating liquor at retail by the drink
for consumption on the premises where sold shall be issued a license.
The license issued under this Section shall include the right of sale
in the original package, except on Sundays, provided such original
package shall not be opened and the contents thereof consumed on the
premises where sold and shall include the right to sell intoxicating
liquor with an alcohol content of five percent (5%) or less by weight
by the drink or in the original package, except on Sunday.
9.
Retailers selling intoxicating liquor by the drink at retail
not for consumption on the premises where sold but for consumption
in a common eating and drinking area shall be issued a license. The
times for selling intoxicating liquor and all other laws and regulations
of this City relating to the sale of intoxicating liquor by the drink
shall apply to each establishment licensed under this Section, provided
that no license issued under this Section shall include the right
of sale in the original package.
10.
Retailers selling intoxicating liquors in the original package
not to be opened or consumed on the premises where sold shall be issued
a license. The license to be issued hereunder shall include the privilege
of selling malt liquor in the original package. No license shall be
issued for the sale of intoxicating liquor not to be consumed on 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 confectionery
and/or a delicatessen store, a grocery store, a general merchandise
store; nor shall a license be issued to any 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.
11.
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under Subsection (A)(5), (6), (7), (8), (10) and (18), may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises. A licensee under this Section shall be issued an amended license upon proper application and qualification as set forth under the provisions of this Chapter and upon approval of the Board of Aldermen and the payment of the additional license fee of thirty-seven dollars fifty cents ($37.50) a year payable at the same time and manner as other license fees.
a.
Tasting. Substance to be tasted shall be limited to one-half
(1/2) ounce per sample, with total consumption of no more than two
(2) ounces per person. All items offered for tasting must be offered
for sale by retail to the customer on said licensed premises.
b.
Notification. Prior to the conduct of any tasting event, written
notification must be provided to the City Clerk five (5) days prior
to the date of the actual tasting event. Nothing in this Section shall
be construed to permit the licensee to sell wine, malt beverages or
distilled spirits for on-premises consumption.
12.
Distributors or wholesalers selling intoxicating liquor with
a content of alcohol not in excess of twenty-two percent (22%) by
weight shall be issued a license for the privilege of selling to a
person duly licensed to sell such intoxicating liquor at retail and
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight to, by or through
a duly licensed wholesaler.
13.
Manufacturers, distillers or blenders of intoxicating liquor
not exceeding twenty-two percent (22%) by weight of alcohol, who have
fully complied with the provisions of this Chapter, shall be issued
a license for the privilege of selling to duly licensed wholesalers
and soliciting orders for the sale of intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight to,
by or through a duly licensed wholesaler; provided, however, that
such license shall entitle the then licensed manufacturer, distiller
or blender to distribute such intoxicating liquor as a wholesaler
but shall not include the right to sell as a retailer.
14.
Notwithstanding any other provisions of this Chapter to the contrary, 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 and who submits the applicable license fee contained in the fee schedule at Section 600.490 may apply for and the Board of Aldermen may grant a license to sell intoxicating liquor as in this Chapter defined:
a.
By the drink at retail for consumption on the premises of any
restaurant bar; and on the premises where sold by the drink at retail
not for consumption on the premises where sold but for consumption
in a common eating and drinking area; and on the premises of any amusement
place as described earlier in this Chapter; or
[Ord. No. 22-02, 3-24-2022]
b.
In the original package at retail (not to be opened or consumed
on the premises where sold).
[Ord. No. 22-02, 3-24-2022]
c.
As used in this Section, the term "amusement place" means 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 an 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.
d.
All other laws and regulations of the City relating to the sale of liquor by the drink for consumption on the premises where sold and the sale of liquor in the original package not to be opened or consumed on the premises where sold shall apply to a restaurant bar/amusement place/supermarkets and package liquor stores in the same manner as they apply to establishments licensed under the provisions of this Chapter; and an additional fee as set forth in the fee schedule at Section 600.490 payable at the same time and in the same manner as any other license fees.
[1]
Editor's Note: Former Section 600.360, Scope Of Fees For License
For Consumption Of Liquor On Premises, which derived from R.O. 2004
§ 600.360; Ord. No. 02-12 Art.
II § 14, 4-9-2002 was repealed
3-24-2022 by Ord. No. 22-02.
[R.O. 2004 § 600.370; Ord. No.
02-12 Art. II § 15, 4-9-2002]
A.
For the manufacturing in quantities not to exceed five hundred thousand
(500,000) gallons, light wines containing not in excess of eighteen
percent (18%) of alcohol by weight from grapes, berries and other
fruits and vegetables grown in the State, in lieu of the charges herein
otherwise provided, the sum of seven dollars fifty cents ($7.50) for
each five hundred (500) gallons or fraction thereof.
B.
A manufacturer licensed under this Section may purchase and sell
bulk or packaged wines received from other manufacturers licensed
under this Section and may also purchase in bulk, bottle and sell
to duly licensed wineries, wholesalers and retail dealers on any day
except Sunday, and a manufacturer licensed under this Section may
offer samples of wine, may sell wine in its original package directly
to consumers at the winery, and may open wine so purchased by customers
so that it may be consumed on the winery premises on Monday through
Saturday between 6:00 A.M. and 1:30 A.M. and on Sunday between 6:00
A.M. and 1:30 A.M. on Monday.
[Ord. No. 22-02, 3-24-2022]
[R.O. 2004 § 600.380; Ord. No.
02-12 Art. II § 16, 4-9-2002]
A.
In the event the applicant for a license to sell intoxicating liquor of alcoholic content in excess of five percent (5%) by weight at retail by the drink for consumption on the premises of the licensee is a club as herein defined, the annual license fee which shall be paid to the City shall be in the sum contained in the fee schedule at Section 600.490, which license shall be limited to the retail sale of intoxicating liquor by the drink.
B.
Such club, in consideration of the granting of such license under
the terms of this Section, shall sell, give away or dispose of such
intoxicating liquor only to members of such club, or to the families
of such members, or to the guests of such members. The word "guest,"
as used herein, shall mean and apply to any person who has been specifically
invited onto the premises, or members of any group or organization
during the time that such group or organization is actually occupying
the premises of such club or any part thereof at the invitation or
consent of such club, or any person while in attendance at any function
conducted by any such group or organization.
A.
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 6:00 A.M.
[Ord. No. 22-02, 3-24-2022]
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.
B.
Temporary Location For Liquor By The Drink, Caterers — Permit
— Fee Required.
1.
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 600.490, or fraction thereof, for which the permit is issued.
2.
Except as provided in Subsection (C), all provisions of the Liquor Control Law [1]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.
[1]
Editor's Note: See Section 311.010 et seq., RSMo.
3.
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.
4.
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.
C.
The Board of Aldermen has the authority to defer granting an annual
liquor license for a period of up to ninety (90) days and grant a
temporary liquor license for that period of time based upon unresolved
zoning, signage, subdivision or International Property Maintenance
Code, Police investigations or liquor control investigations involving
the establishment itself or the applicant for a liquor license.
[R.O. 2004 § 600.390(D); Ord. No.
02-12 Art. II § 17, 4-9-2002; Ord. No. 05-12 §§ 1
— 2, 6-23-2005; Ord. No. 07-15 § 1, 6-28-2007]
A.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
B.
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.
C.
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.
D.
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 Board of Aldermen. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
E.
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.
[R.O. 2004 § 600.430; Ord. No.
02-12 Art. II § 21, 4-9-2002]
A.
Whenever proof that a license has been lost or destroyed is furnished
by a licensee, a duplicate in lieu therefor shall be issued by the
City upon payment of the sum of ten dollars ($10.00) by the said licensee
and submission by the latter of an application for a duplicate license
in the form provided by the City Clerk wherein true and complete answers
must be given to the following:
[R.O. 2004 § 600.440; Ord. No.
02-12 Art. II § 22, 4-9-2002]
A.
Each license issued in compliance with this Chapter shall expire
on June 30 next succeeding the beginning date of such license. Of
the annual license fee to be paid for any such license, the applicant
shall pay as many twelfths (1/12) as there are months, part of a month
to be counted as one (1) month, remaining from the date of the license
to the next succeeding June 30. No license shall be given a beginning
date prior to the date of approval of the application and granting
such license by the Board of Aldermen.
B.
If the City Clerk determines to do so, he/she may issue an extension
of license for not in excess of thirty (30) days beyond the termination
date of any license issued for the purpose of completing investigations
and other necessary elements in the processing of license application.
The charge for such extension shall be one-twelfth (1/12) of the annual
license fee as prescribed herein.
[R.O. 2004 § 600.450; Ord. No.
02-12 Art. II § 23, 4-9-2002]
A.
Regardless of and notwithstanding the provisions of this Chapter,
if it is shown upon hearing before the Board of Aldermen that any
licensee under this Chapter has not at all times kept an orderly place
or house or has violated any of the provisions of this Chapter, then
the Board of Aldermen may revoke the license of any such licensee.
The Board of Aldermen shall first, upon their own motion, direct a
notice of the date, time and place of such hearing, which hearing
shall not be held less than twenty (20) days after service of such
notice, setting forth the grounds upon which such license is sought
to be revoked and commanding the licensee to appear and show cause
why such license should not be revoked. Such notice shall be served
by the City Code Enforcement Officer or designee upon the licensee,
or upon an officer of the licensee if a corporation, or upon any employee
of the licensee at the time of service in charge of the place of business
licensed. The applicant or licensee shall have the right to counsel
and to produce witnesses in his/her own behalf in such hearing and
to cross-examine all witnesses who may appear against him/her. All
proceedings and such hearings shall be taken down stenographically
or recorded manually or electronically or a combination thereof and
shall be transcribed whenever required by law. A subpoena may be issued
by the Board of Aldermen for any witness whose presence is desired
at any hearing or proceeding before the Board of Aldermen to suspend
or revoke a license or to refuse a license or renewal thereof. Such
subpoena shall be served and return thereon shall be made in the same
manner as is provided by law in civil suits in the Circuit Courts
of the State. Witnesses may also appear voluntarily at such hearing
and testify. Before any witness shall testify in any such hearing
or proceeding, he/she shall be sworn by the Board of Aldermen to testify
under oath. No suspensions or revocations shall become effective until
ten (10) days after the findings of fact and conclusions of law have
been issued by the Board of Aldermen. Such hearing shall be conducted
as other Board of Aldermen proceedings are conducted. No license shall
be revoked except upon vote therefor by a majority of all members
elected to the Board of Aldermen, the Mayor having no vote except
in case of a tie vote by all members elected to the Board of Aldermen.
B.
The Board of Aldermen may, whenever it shall be shown, or upon recommendation of the City Clerk, that a person licensed hereunder has not at all times kept an orderly place or has violated any of the provisions of this Chapter, suspend, for a maximum of one hundred twenty (120) consecutive days, the license of that person; but the licensee must have ten (10) days' notice of the action to suspend his/her license prior to the order of suspension issuing. If requested by the licensee in writing, a hearing shall be held as provided in Subsection (A) above.
C.
The failure of refusal of any person to obey all the terms and conditions
of the subpoena issued by the Board of Aldermen is hereby declared
to be an ordinance violation.
[R.O. 2004 § 600.460; Ord. No.
02-12 Art. II § 24, 4-9-2002]
In case any license issued under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period after the effective beginning
date of such license, no refund of any license fee or part thereof
shall be made.
[R.O. 2004 § 600.470; Ord. No.
02-12 Art. II § 25, 4-9-2002]
Each licensee authorized to manufacture and sell or to sell
at wholesale intoxicating liquor shall, when requested, furnish to
the Commissioner a sworn statement showing the amount of such alcoholic
beverage manufactured and sold and to who sold during the period requested.
[R.O. 2004 § 600.480; Ord. No.
02-12 Art. II § 26, 4-9-2002]
Any establishment licensed by the City of Weldon Spring to sell
or offer for consumption on the premises any intoxicating liquor shall
provide and maintain separate, clean and sanitary rest room facilities
for male and female clientele.
[R.O. 2004 § 600.485; Ord. No.
06-11 §§ 3, 6, 2-14-2006]
A.
No person licensed under the provisions of this Chapter of the Municipal Code of the City of Weldon Spring, his/her agent, servant or employee shall permit any disorderly, lewd or indecent conduct on the licensed premises. Nor shall any person licensed under the provisions of this Chapter or agent or employee, permit the exhibition or any form of video or live display which contains, portrays or depicts any act defined in Section 600.010, as disorderly, lewd or indecent conduct.
B.
Whenever any person holding a liquor license within the City limits of the City of Weldon Spring allows disorderly, lewd or indecent conduct as defined in Section 600.010, or any person engaging in disorderly, lewd or indecent conduct on a premises licensed to sell alcoholic beverages within the City limits of Weldon Spring, such person shall be guilty of an ordinance violation and upon conviction shall be punishable as set forth in Section 100.220 of this Code. Each day of any violation of the provisions of this Section shall constitute a separate offense. The City shall also have the right to enjoin such violation and to conduct hearings, after due notice, as to suspension/revocation of the liquor license as is set out in Section 600.450, et seq., of the Municipal Code of the City of Weldon Spring, Missouri.
[R.O. 2004 § 600.490; Ord. No.
02-12 Art. II § 27, 4-9-2002]
|
License Type
|
License Fee
|
Section Number
|
|---|---|---|
|
All Listed Under Article II
| ||
|
Intoxicating liquor by the drink
|
$450.00
|
600.350(A)(8)
|
|
Intoxicating liquor in the original package
|
$150.00
|
600.350(A)(9)
|
|
Sunday license
|
$300.00
|
600.350
|
|
5% beer and light wine by the drink
|
$75.00
|
600.350(A)(6)
|
|
5% beer by the drink
|
$75.00
|
600.350(A)(5)
|
|
5% beer in the original package
|
$75.00
|
600.350(A)(7)
|
|
Distributor or wholesaler of malt liquor in excess of 5% alcohol
by weight and not in excess of 22% of alcohol by weight
|
$150.00
|
600.350(A)(3)
|
|
Distributor or wholesaler of malt liquor in excess of 5% alcohol
by weight and not in excess of 22% of alcohol by weight
|
$300.00
|
600.350(A)(12)
|
|
Distributor or wholesaler of intoxicating beverages of all kinds
|
$750.00
|
600.350(A)(4)
|
|
Consumption license
|
$90.00
|
600.360
|
|
Temporary catering license
|
$15.00
|
600.390(B)
|
|
Temporary picnic license
|
$37.50
|
600.390(A)
|
|
Special temporary license
|
$75.00
|
600.390(B)
|
|
Manufacturers, distillers, blenders of malt liquor not in excess
of 5% by weight of alcohol
|
$375.00
|
600.350(A)(1)
|
|
Manufacturers, distillers, blenders of intoxicating liquors
of all kinds
|
$675.00
|
600.350(A)(2)
|
|
Manufacturers, distillers, blenders of intoxicating liquors
not exceeding 22% by weight of alcohol
|
$300.00
|
600.350(A)(13)
|
|
Club license for sale of intoxicating liquor in excess of 5%
by weight of alcohol
|
$150.00
|
600.380
|
