For the purposes of this Chapter the following definitions shall
apply:
ADJACENT PROPERTY
Property immediately adjoining any subject property. For
the purposes of this definition, any intervening street, alley, highway
or other public thoroughfare shall be disregarded.
CHURCH
Any building or structure regularly and primarily used as
a place of worship by any organized religious society, organization
or congregation, regardless of whether or not such a building or structure
was originally designed and constructed for that purpose.
CLOSED PLACE
A place where all doors are locked and where no patrons are
inside or about the premises.
DIRECTOR
The Director of Liquor Control of the City of Greenwood or
his/her designated agent.
FIVE PERCENT BEER
Any beer manufactured from pure hops or pure extract of hops
and pure malt or other wholesome grains or cereals and wholesome yeast
and pure water and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight.
INTOXICATING LIQUOR
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%) of alcohol by volume except for non-intoxicating
beer.
LICENSEE
The person holding any license issued under the provisions
of this Chapter.
NON-INTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt or other wholesome grains or cereals, and wholesome
yeast and pure water and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (1/2 of 1%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
ORIGINAL PACKAGE
One (1) container of not less than fifty (50) milliliters
of any intoxicating liquor or any package containing three (3) or
more standard bottles of beer.
PERMITTEE
The holder of an employee's permit as issued by the City
of Greenwood.
PERSON
An individual, partnership, club, association, firm or corporation.
PREMISES
The area located within an enclosure where alcoholic beverages
are sold or consumed.
[Ord. No. 94-11-01 § 600.020, 11-7-1994]
The Chief of Police shall be the Director of Liquor Control
and be charged with the enforcement of the provisions of this Chapter.
The Director shall be over twenty-one (21) years of age and shall
not be an owner, officer or employee of any licensee under this Chapter.
It shall be the duty of the Director to issue all licenses and
permits provided by this Chapter. He/she shall keep a record of all
licenses and permits so issued and of any suspension or revocation
thereof. The Director shall make a full and complete report to the
Board of Aldermen at the end of each fiscal year.
Notwithstanding any other provisions of this Chapter, the Director
shall have the authority to close for a period not to exceed twenty-four
(24) hours, any premises which may be in the immediate area of a mob,
riot, strike or any type of violence, actual or probable, provided
however, that the Director may not close such place under such circumstances
without advising the Mayor and Board of Aldermen at the earliest possible
time and provided further, that the Director may not close such place
for two (2) or more consecutive twenty-four-hour periods without the
approval of the Mayor and the Board of Aldermen.
It shall be unlawful for any person to manufacture, sell, or
solicit orders for the sale of alcoholic beverages, or allow the consumption
of such beverages in or upon any premises where food, beverages or
entertainment are sold or provided for compensation, within the City
limits without first obtaining a license from the Director.
As a condition precedent to the issuance of a license under
the provisions of this Chapter, the applicant must also procure a
permit and license from the State of Missouri and the County of Jackson
pursuant to the provisions of Chapters 311 and 312, RSMo.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell all kinds of intoxicating
liquor at retail by the drink for consumption on the licensed premises,
upon payment of the required license fee to the Director for each
such license. Such license shall also include the privilege of selling
alcoholic beverages in the original package on the licensed premises,
for consumption off the licensed premises.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell five percent (5%)
beer or non-intoxicating beer at retail by the drink for consumption
upon the licensed premises upon payment of the required license fee
to the Director for each such license. Such license shall also include
the privilege of selling five percent (5%) beer and non-intoxicating
beer in the original package on the licensed premises for consumption
off the licensed premises.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell non-intoxicating
beer at retail for consumption on the licensed premises upon payment
of the required license fee to the Director for each such license.
Such license shall also include the privilege of selling non-intoxicating
beer in the original package on the licensed premises for consumption
off the licensed premises.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell all kinds of intoxicating
liquor at retail, by the drink, for consumption on the licensed premises
and alcoholic beverages in the original package for consumption off
the licensed premises from 1:00 P.M. to 12:00 A.M. Midnight on Sunday,
upon payment of the required license fee to the Director for each
such license.
A C.O.L. license may be issued for the consumption of alcoholic
beverages in or upon premises which do not possess a license for the
sale of alcoholic beverages and where food, beverages or entertainment
are sold or provided for compensation. The drinking or consumption
of alcoholic beverages shall not be permitted under a C.O.L. license
between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between
the hours of 12:00 Midnight Saturday and 12:00 Midnight Sunday. Licenses
issued hereunder shall be conditioned upon the observance of the provisions
of this Chapter and the laws, rules and regulations of the State of
Missouri governing the conduct of premises licensed for the sale of
intoxicating liquor by the drink.
A. A C.O.L. license may be issued to a club, organization or association
which is private and non-profit and where either food, beverages or
entertainment are provided for compensation in the form of dues, fees
or special assessments, upon payment of the required license fee to
the Director.
B. A C.O.L. license may be issued to commercial establishments or establishments
which are commercial in nature where either food, beverages or entertainment
are provided for compensation of any kind upon payment of the required
license fee to the Director.
C. A one-day C.O.L. license for dance halls may be issued upon payment
of the required license fee to the Director. Applications for each
one-day C.O.L. license must be filed and approved by the Director
at least three (3) weeks prior to the date when the one-day C.O.L.
license is to become effective.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell at retail alcoholic
beverages in the original package on the licensed premises upon payment
of the required license fee to the Director for each such license.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell at retail five
percent (5%) beer or non-intoxicating beer in the original package
on the licensed premises upon payment of the required license fee
to the Director for each such license.
No license provided for by this Chapter shall be issued to any
individual except in conformity with the following:
A. Such individual is to be in fact actively engaged in the actual control
and management of the particular alcoholic beverage or C.O.L. establishment
for which a license is sought.
B. Such individual is twenty-one (21) years of age or over.
C. Such person is of good moral character, is qualified to hold an alcoholic
beverage license in the State of Missouri, and that such person has
never been the holder of an alcoholic beverage license or permit which
has been revoked by any City or any State.
No license provided for in this Chapter shall be issued to any
corporation except in conformity with the following:
A. All the officers and directors of such corporations are persons of
good moral character.
B. The managing officer of the corporation is a person who is eligible
for a license as an individual under the provisions of this Chapter.
C. Such corporation has not been the holder of a license or permit which
has been revoked by any City or State.
Any person doing business outside the City limits in an area
which is annexed by the City shall be eligible to apply within fifteen
(15) days after annexation for a City license within the classification
to which he/she is entitled at the time of annexation.
Whenever a license issued under this Chapter is lost or destroyed,
a duplicate in lieu thereof may be issued by the Director to the licensee.
The licensee shall make application under oath upon a form supplied
by the Director, and the applicant shall specify the approximate date
upon which the license was lost or destroyed and the circumstances
under which the license was lost or destroyed.
Nothing contained in this Chapter shall affect the location
of an alcoholic beverage establishment legally located before and
continuously operated since the adoption of this Chapter.
[Ord. No. 2003-12-08-03 § 1, 12-8-2003]
A. No license shall allow the consumption of, sell, give away or otherwise
dispose of any alcoholic beverages or allow the same to be done on
or about the licensed premises between the hours of 1:30 A.M. and
6:00 P.M., Monday through Saturday, and between the hours of 9:00
A.M. Sunday and 6:00 A.M. Monday. Licensees who have been issued restaurant-bar
licenses in conformance with this Chapter may remain open to sell
alcoholic beverages for consumption on the licensed premises and alcoholic
beverages in the original package for consumption off the licensed
premises from 9:00 A.M. to 12:00 A.M. Midnight on Sunday, in addition
to the legal hours and days set forth above. A holder of a three and
two-tenths percent (3.2%) non-intoxicating beer by drink sales license,
issued pursuant to the provisions of this Chapter, may sell such beer
at retail on Sundays between the hours of 9:00 A.M. and 12:00 A.M.
Midnight, provided however, that all such sales at retail of non-intoxicating
beer for consumption on the premises shall only be made if at least
fifty percent (50%) of the gross income of the licensed establishment
is derived from prepared meals and food.
B. When December 31st falls on a Sunday, any holder of a retail liquor
by drink sales license may be open for business and sell alcoholic
beverages by the drink under the provisions of his/her license on
that day after 9:00 A.M. and until 1:30 A.M. Monday, notwithstanding
any provisions herein to the contrary.
[Ord. No. 2007-03-12-06 § 1, 3-12-2007]
A. Unlicensed Sale. No licensee shall sell any alcoholic beverages in
any fashion other than that permitted by his/her license.
B. Alcoholic Beverages Outside Licensed Premises. No holder of a sale
by the drink license shall allow any alcoholic beverages to be removed
from the licensed premises in any fashion other than in the original
package.
C. Purchase By Minor. It shall be unlawful for any person under the
age of twenty-one (21) years to purchase alcoholic beverages.
D. Possession By Minor. No person under the age of twenty-one (21) years
shall have in his/her possession, either on his/her person or in a
vehicle in which he/she is riding or sitting (unless when such minor
is accompanied by a parent or lawful guardian), any alcoholic beverages.
A person under the age of twenty-one (21) shall be deemed to be in
possession of alcoholic beverages on his/her person if the person
is visibly intoxicated, or if the person has a detectable blood alcohol
content of more than two-hundredths of one percent (0.02 of 1%) by
weight of alcohol in such person's blood. For purposes of this Section,
a person is "visibly intoxicated" when inebriated to such an extent
that the impairment is shown by significantly uncoordinated physical
action or significant physical dysfunction.
E. Acquisition For Minors. It shall be unlawful for any person to purchase
or in any way obtain alcoholic beverages for any person under the
age of twenty-one (21) years. In addition, it shall be unlawful for
any person to obtain, convey, make available or deposit alcoholic
beverages in any place where such person knows, or by the exercise
of reasonable care should know, that a person or persons under the
age of twenty-one (21) years are likely to come into possession of
the same.
F. Sale To Minors. No licensee, or employee, agent or servant of such
licensee, shall sell, give away or otherwise dispose of alcoholic
beverages to any person who is under the age of twenty-one (21) years.
G. Misrepresentation Of Age. It shall be unlawful for any person under
the age of twenty-one (21) years to misrepresent his/her age or make
a false statement wilfully about his/her age to anyone for the purpose
of purchasing or in any way obtaining alcoholic beverages.
H. Sale To Intoxicated Persons. No licensee, or employee, agent or servant
of such licensee shall sell, give away or otherwise dispose of alcoholic
beverages to any person who is intoxicated or who is actually or apparently
under the influence of alcoholic beverages.
I. Intoxicated Persons On Premises. No licensee shall allow any person
who is intoxicated or under the influence of an alcoholic beverage
to remain on the licensed premises.
J. Serving Or Delivering To Vehicles. No licensee shall serve or deliver
any alcoholic beverages to any person who is in or about any motor
car or other vehicle.
K. Alcoholic Beverages Brought On Premises. It shall be unlawful for
any person to take alcoholic beverages into or upon any premises covered
by a sales by drink license for the purpose of consuming such alcoholic
beverages in any form on such premises. In addition, it shall be unlawful
for any licensee to allow any person to take alcoholic beverages into
or upon any premises covered by a sales by drink license.
L. Consumption On Packaged Licensed Premises. It shall be unlawful for
any holder of a package sales license to allow the consumption of
any alcoholic beverages in or upon the licensed premises. It shall
be unlawful for any person to consume alcoholic beverages on such
premises.
M. Sale Other Than Original Package. It shall be unlawful for the holder
of any package sales license to sell, dispense or give away alcoholic
beverages in any fashion other than in the original package.
N. Inducement To Drink. It shall be unlawful for any holder of a sales
by the drink license or a C.O.L. license to give away alcoholic beverage
either in drinks or otherwise, either with or without food, or to
charge any less price for such drinks when served with food than served
without food. In addition, it shall be unlawful for any such licensee
to give away food with any drink sold or to offer any food free as
an inducement to customers to purchase alcoholic beverages.
O. Disorderliness And Indecency. No licensee shall allow in or upon
the licensed premises any disturbances, disorderliness, lewdness,
immoral activities, brawls, or any indecent, profane or obscene language,
songs, entertainment, literature or advertising material, nor shall
the licensee cause to have printed or distributed any lewd, immoral,
indecent or obscene literature or advertising material. No licensee
shall allow any bartender, bar maid, waitress, hostess or servant
to appear on the licensed premises in a condition where either the
breasts, the pelvic areas or the buttocks are not covered with opaque
clothing, nor shall any employee appear on the licensed premises in
such a condition. No licensee shall allow any employer or entertainer
employed by the licensee or any patron to perform a dance of any kind
whatever upon the bar or upon any other place used for serving food
or beverages or in any place within the licensed premises open to
public view from the sidewalk or street. No licensee shall allow either
an exotic dance or striptease dance to be performed except as hereinafter
provided:
1.
Such dance shall be performed on a raised dais or platform containing
not less than one hundred (100) square feet of surface raised at least
eighteen (18) inches from the floor level where patrons may be seated
or standing.
2.
Such dais must at every point be not less than six (6) feet
from the nearest patron.
3.
Such dance shall not be performed in any place within the licensed
premises which is open to public view from the sidewalk or street.
P. No licensee shall allow upon the premises covered by such license
any gambling of any kind or character for money, trade checks, prizes,
merchandise, free drinks or food, free plays of pinball or video games,
or any other consideration whatsoever.