Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
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.
RESORT
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales; or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made only by a holder
of a retail liquor dealer's license and, when so made, the container
in every case shall be emptied and the contents thereof served as
other intoxicating liquors sold by the drink are served.
[Ord. No. 2820-20, 9-15-2020]
A. No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within three hundred (300) feet of any
school, church or other building regularly used as a place of religious
worship, 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 three hundred (300) 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
three hundred (300) feet of the proposed licensed premises.
1. In the case of a freestanding facility, the distance between the
facility and the school, church or other building regularly used as
a place of religious worship shall be measured from the external wall
of the facility structure closest in proximity to the school, church
or other building regularly used as a place of religious worship to
the closest point of the property line of the school, church or other
building regularly used as a place of religious worship. If the school,
church or other building regularly used as a place of religious worship
is part of a larger structure, such as an office building or strip
mall, the distance shall be measured to the entrance or exit of the
school, church or other building regularly used as a place of religious
worship closest in proximity to the facility.
2. In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the school, church or other building regularly used as a place
of religious worship shall be measured from the property line of the
school, church or other building regularly used as a place of religious
worship to the facility's entrance or exit closest in proximity to
the school or church. If the school, church or other building regularly
used as a place of religious worship is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, church or other building regularly
used as a place of religious worship closest in proximity to the facility.
3. Measurements shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. Subsection
(A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
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.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven by fourteen (11 x 14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects."
The licensee shall display such sign in a conspicuous place on the
licensed premises.
[R.O. 1992 § 600.180; CC 1984 § 50.700]
No licensee who shall have had his/her license suspended by
order of the Board of Aldermen shall sell or give away any intoxicating
liquor or non-intoxicating beer during the period of time such order
of suspension is in effect. Any licensee desiring to keep his/her
premises open for the sale of food or merchandise during such period
of suspension shall display the order of suspension issued by the
Board of Aldermen in a conspicuous place on the premises so that all
persons visiting the premises may readily see the same.
[R.O. 1992 § 600.210; CC 1984 § 50.730]
A. Responsibility For Acts Of Employees. Licensees are at all times
responsible for the conduct of their business and are at all times
directly responsible for any act or conduct of any employee on the
premises which is in violation of this Chapter.
B. Inspection. All licensees shall allow the licensed premises and all
portions of the buildings thereof, including all rooms, cellars, outbuildings,
passageways, closets, vaults, yards, attics, and all buildings used
in connection with the operations carried on under said license and
which are in his/her possession or under his/her control, and all
places where they keep or have liquor stored, to be inspected by the
Mayor and his/her agents.
C. Loitering Of Immoral Persons. No licensee shall employ or allow the
loitering upon or about the licensed premises of any police character,
felon, gangster, racketeer, pickpocket, swindler, confidence man,
female impersonator, prostitute, narcotic addict, vagrant, delinquent
minor or other degenerate or dissolute person.
D. Sale Off-Premises Prohibited. No licensee, his/her agent or employee
shall sell intoxicating liquor or non-intoxicating beer in any place
other than that designated in such license, or at any other time or
otherwise than is authorized by such license.
[R.O. 1992 § 600.240; Ord. No.
821-81 § 2, 1-6-1981; CC 1984 §§ 50.280, 50.750; Ord.
No. 1419-92 § 1, 4-21-1992; Ord. No. 1498-93 § 1, 6-15-1993; Ord. No. 2011-04 § 1, 4-20-2004; Ord. No. 2513-14 § 1, 9-23-2014]
The following classes of licenses shall be issued upon compliance
with the provisions of this Chapter, and payment of the license fee
indicated:
A. Liquor Solicitor (LS) - Allows for the selling to licensed wholesalers
and soliciting orders for the sale of intoxicating liquor of all kinds
to, by or through a licensed wholesaler within this State. May be
located out of State or in-State: three hundred seventy-five dollars
($375.00).
B. Liquor
manufacturer solicitor (LMS) - (spirits, wine, beer) - Allows for
the manufacturing, distilling or blending of intoxicating liquor of
all kinds within the State of Missouri and the privilege of selling
to licensed wholesalers and soliciting orders for the sale of intoxicating
liquor of all kinds, to, by or through a licensed wholesaler within
Missouri: six hundred seventy-five dollars ($675.00).
C. Liquor wholesale solicitor (LWS) - (spirits, wine, beer) - Allows
licensees to sell intoxicating liquor of all kinds to a person licensed
to sell such intoxicating liquor at retail and the privilege of selling
to licensed wholesalers and soliciting orders for the sale of intoxicating
liquor of all kinds, to, by, or through a licensed wholesaler in Missouri:
seven hundred fifty dollars ($750.00).
D. Liquor manufacturer (22MS) (wine and beer) - Allows for the manufacturing
of intoxicating liquor containing not in excess of twenty-two percent
(22%) of alcohol by weight and the privilege of selling to licensed
wholesalers and soliciting orders for the sale of intoxicating liquor
containing not in excess of twenty-two percent (22%) alcohol by weight,
to, by or through a licensed wholesaler within this State: three hundred
dollars ($300.00).
E. Twenty-two percent (22%) solicitor (22WS) (wine and beer) - Allows
for the selling to licensed wholesalers and soliciting orders for
the sale of intoxicating liquor not in excess of twenty-two percent
(22%) alcohol by weight, to, by or through a licensed wholesaler within
this State. May be located out of State or instate: one hundred fifty
dollars ($150.00).
F. Twenty-two percent (22%) wholesale solicitor (22WS) (wine and beer)
- Allows for the selling of intoxicating liquor containing not in
excess of twenty-two percent (22%) alcohol by weight by a wholesaler
to a person licensed to sell such intoxicating liquor at retail and
the privilege of selling to licensed wholesalers and soliciting orders
for the sale of intoxicating liquor containing not more than twenty-two
percent (22%) alcohol by weight, to, by, or through a licensed wholesaler
in Missouri: three hundred dollars ($300.00).
G. Five percent (5%) solicitor (5S) - (beer only) - Allows for the selling
to licensed wholesalers and soliciting orders for the sale of malt
liquor containing not in excess of five percent (5%) alcohol by weight,
to, by or through a licensed wholesaler within this State. May be
located out of State or instate: seventy-five dollars ($75.00).
H. Five percent (5%) manufacturer solicitor (5MS) - (beer only) - Allows
for the manufacturing and brewing in this State of malt liquor containing
not in excess of five percent (5%) alcohol by weight and the privilege
of selling to licensed wholesalers and soliciting orders for the sale
of malt liquors containing not in excess of five percent (5%) alcohol
by weight, to, by or through a licensed wholesaler within this State:
three hundred seventy-five dollars ($375.00).
I. Five percent (5%) wholesale solicitor (5WS) - (beer only) - Allows
for the selling of intoxicating liquor containing not more than five
percent (5%) alcohol by weight by a wholesaler to a person licensed
to sell such malt liquor at retail and the privilege of selling to
licensed wholesalers and soliciting orders for the sale of intoxicating
liquor containing not more than five percent (5%) of alcohol by weight,
to, by, or through a licensed wholesaler in Missouri: one hundred
fifty dollars ($150.00).
J. Domestic Wine [per five hundred (500) gallons] (DOMW) - (light wine
and brandy) - Allows the manufacturing of wine or brandy in quantities
not to exceed five hundred thousand (500,000) gallons, not in excess
of eighteen percent (18%) alcohol by weight for wine, or not in excess
of thirty-four percent (34%) alcohol by weight for brandy, from grapes,
berries, other fruits, fruit products, honey, and vegetables produced
or grown in the State of Missouri, exclusive of sugar, water and spirits.
A domestic winery may use, in any calendar year, wine and brandy making
material produced or grown outside the State of Missouri in a quantity
not exceeding fifteen percent (15%) of the manufacturer's wine entered
into fermentation in the prior calendar year; seven dollars and fifty
cents ($7.50).
[R.O. 1992 § 600.220; CC 1984 § 50.430]
It shall be unlawful for any officer, agent, or employee of
any incorporated company or association, acting for such corporation
or association, to authorize or permit such corporation to violate
any of the provisions of this Chapter and any such officer, agent,
or employee so offending shall be deemed guilty of an ordinance violation
and upon conviction thereof shall be punished by imprisonment in the
County Jail for a term of not more than ninety (90) days or by a fine
of not less than fifty dollars ($50.00) nor more than five hundred
dollars ($500.00) or by both such fine and jail sentence.