[Ord. No. 1444 §1, 11-4-2009; Ord. No. 1851, 3-15-2017]
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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 the guise of
royalties, commissions, salaries, or any other form whatsoever.
Honesty, fairness, and respect for the rights of others and
for the laws of the State and nation.
The following factors shall be considered when making a determination
of whether an applicant or licensee under this Chapter has good moral
character:
If a person has been convicted of a crime of the State of Missouri
or the United States of America, or of any crime of any other state
or country that would have been a crime under the laws of the State
of Missouri, or an offense of this City, the following factors shall
also be weighed in determining if a person has good moral character:
The type of crime(s) or offense(s) for which a person has been
convicted;
The circumstances surrounding the crime(s) or offense(s) for
which a person has been convicted;
The proximity in time of the conviction(s) to the application
for a license;
The conduct of the person since the date of conviction; and
Whether the crime the person is convicted of is reasonably related
to the competency of the person to exercise the licensed business.
Notwithstanding the foregoing, a conviction cannot be the sole
grounds on which a person is determined to lack good moral character.
If a person is pardoned from a conviction, the underlying guilt for
the crime or offense may still be evidence of such person's good
moral character.
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.
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.
An intoxicating liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and 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.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
A corporation incorporated under the laws of the State of
Missouri, 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 residents of the city or county in which
they reside and who shall have been bona fide residents of the State
of Missouri 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 law; 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, 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 nonresident persons, partnerships
or corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises.
Any person, partnership, association of persons, or corporation who has procured a license under Section 600.020(B)(2) or (4) and who manufactures in excess of two hundred (200) gallons of wine per calendar year.
Any establishment at which wine is made.
[Ord. No. 1851, 3-15-2017]
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. 697 §2, 12-18-2003; Ord. No. 1444 §2, 11-4-2009; Ord. No. 1851, 3-15-2017]
A.
No person shall, either by himself/herself or through the use of
agents or servants, engage in the manufacture, brewing, distillation,
blending, sale, offering for sale or distribution of intoxicating
liquor within the City of Dardenne Prairie at wholesale or retail,
or solicit orders for the sale of intoxicating liquor within the City,
without first having obtained a license authorizing such manufacture,
brewing, distillation, blending, sale, offering for sale or distribution
in compliance with the terms of this Chapter. A separate license shall
be required for each place of business.
B.
General Licenses. Any person possessing the qualifications and meeting
the requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor:
1.
Manufacturers of malt liquor: manufacturing and brewing malt
liquor containing not in excess of five percent (5%) of alcohol by
weight and selling 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
within this City.
2.
Manufacturers of liquor, less than twenty-two percent (22%)
alcohol by weight: manufacturing intoxicating liquor containing alcohol
not in excess of twenty-two percent (22%) of alcohol by weight and
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 within this City.
3.
Manufacturers of liquor of all kinds: manufacturing, distilling
or blending intoxicating liquor of all kinds within the City and 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 within this City.
4.
Manufacturing wine or brandy: manufacturing wine or brandy in
quantities not to exceed five hundred thousand (500,000) gallons,
not in excess of eighteen percent (18%) of alcohol by weight for wine,
or not in excess of thirty-four percent (34%) of 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.
5.
Sale to wholesalers of malt liquor: 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 City.
6.
Sale to wholesalers of liquor, less than twenty-two percent
(22%) alcohol by weight: 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 within this City.
7.
Sale to wholesalers of liquor of all kinds: 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
within this City.
8.
Microbrewery: manufacturing beer and malt liquor in quantities
not to exceed ten thousand (10,000) barrels per annum.
9.
Wholesalers, malt liquor: selling intoxicating liquor containing
not in excess of five percent (5%) of alcohol by weight by a wholesaler
to a person duly licensed to sell such malt liquor at retail and 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
City.
10.
Wholesalers, less than twenty-two percent (22%) alcohol by weight:
selling intoxicating liquor containing not in excess of twenty-two
percent (22%) of alcohol by weight by a wholesaler to a person duly
licensed to sell such intoxicating liquor at retail and 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 within this
City.
11.
Wholesalers of liquor of all kinds: selling intoxicating liquor
of all kinds by a wholesaler to a person duly licensed to sell such
intoxicating liquor at retail and 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 within this City, 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 within the City, direct to retailers.
12.
Package liquor, malt liquor only: sales of malt liquor at retail
in the original package not for consumption on the premises where
sold.
13.
Package liquor, all kinds: sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(12) of this Section.
14.
Liquor by the drink, malt liquor/light wine only: sales of malt
liquor and light wines at retail by the drink, for consumption on
the premises where sold.
15.
Malt liquor by the drink: sales of malt liquor at retail by
the drink for consumption on the premises where sold.
C.
Sunday Sales. Any person who is licensed under the provisions of
this Chapter or who otherwise possesses the qualifications and meets
the requirements of this Chapter, who is licensed to sell intoxicating
liquor at retail, may apply for a license to sell intoxicating liquor
at retail on Sundays between the hours of 9:00 A.M. and 12:00 Midnight.
D.
Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements of, and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Caterer's Permits. Any person who possesses the qualifications, meets the requirements of, and complies with the provisions of Section 600.030(D) or (E) below may apply for a special caterer's permit.
3.
Tasting Permit. Any person who possesses the qualifications, meets the requirements of, and complies with the provisions of Section 600.030(I) below may apply for a tasting permit.
E.
Manufacture For Personal Use.
1.
Notwithstanding Subsection (A) of this Section 600.020, no person at least twenty-one (21) years of age shall be required to obtain a license to manufacture intoxicating liquor for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred (200) gallons per calendar year if there are two (2) or more persons over the age of twenty-one (21) years in such household, or one hundred (100) gallons per calendar year if there is only one (1) person over the age of twenty-one (21) years in such household. Any intoxicating liquor manufactured under this Subsection (E) shall not be sold or offered for sale.
2.
Beer brewed under this Subsection (E) may be removed from the premises where brewed for personal or family use, including use at organized events, exhibitions, or competitions, such as home brewer contests, tastings, or judging. The use may occur off licensed retail premises, on any premises under a temporary retail license issued under Section 600.020(D)(1) or (2).
3.
Any beer brewed under this Subsection (E) used at an organized event where an admission fee is paid for entry, at which the beer is available without a separate charge, shall not be deemed a sale of beer, provided that the person who brewed the beer receives none of the proceeds from the admission fee and all consumption is conducted off licensed retail premises, under the premises of a temporary retail license issued under Section 600.020(D)(1) or (2).
[Ord. No. 1851, 3-15-2017]
A.
Package Sales, Limitations.
1.
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 drug store, a cigar and tobacco store, a grocery store, a general
merchandise store, a confectionery or delicatessen store, nor to any
such person who does not have and keep in his/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.
2.
Any person who is licensed to sell intoxicating liquor in the original package at retail may sell from thirty-two (32) to one hundred twenty-eight (128) fluid ounces of draft beer to customers in containers filled by any employee of the retailer on the premises for consumption off such premises. Any employee of the licensee shall be at least twenty-one (21) years of age to fill containers with draft beer. No wholesaler, distributor, or manufacturer of intoxicating liquor may furnish dispensing or cooling equipment, or such containers referenced herein to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Section 600.020(B)(13). Such containers shall comply with the requirements of Section 311.201, RSMo.
B.
Retail Sales For Consumption On Premises.
1.
Any person licensed to sell liquor at retail by the drink for
consumption on the premises where sold may use a self-dispensing system,
which is monitored and controlled by the licensee and allows patrons
of the licensee to self-dispense beer or wine. Before a patron may
dispense beer or wine, an employee of the licensee must first authorize
an amount of beer or wine, not to exceed thirty-two (32) ounces of
beer or sixteen (16) ounces of wine per patron per authorization,
to be dispensed by the self-dispensing system.
2.
Nothing in this Chapter shall be interpreted to allow any wholesaler,
distributor, or manufacturer of intoxicating liquor to furnish self-dispensing
or cooling equipment or provide services for the maintenance, sanitation,
or repair of self-dispensing systems.
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The Board of Aldermen may issue 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 premises
where sold to any church, school, civic, service, fraternal, veteran,
political or charitable club or organization for sale 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 11:00 A.M.
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.
D.
Temporary Permit For Sale By Drink: Caterers.
1.
The Board of Aldermen 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.
2.
Except as provided in Subsection (D)(3) of this Section, all provisions of Chapter 311, RSMo., and this Chapter shall extend to the premises in which such function, occasion or event is held 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.
3.
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 Subsection D.
E.
Special Caterer's License.
1.
The Board of Aldermen may issue a special license 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 special license shall be effective
for a maximum of fifty (50) days during any year, 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.
2.
The Board of Aldermen may issue a special license 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 special license shall be effective
for an unlimited number of functions, occasions, or events during
the year, 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.
3.
Caterers issued a special license pursuant to Subsection (E)(1) and (2) of this Section shall report to the City Clerk the location of each function, occasion, or event three (3) business days in advance. The report of each function, occasion, or event shall include permission from the property owner, description of the premises, and the date or dates the function, occasion, or event will be held.
4.
Except as provided in Subsection (E)(5) of this Section, all provisions of Chapter 311, RSMo., and this Chapter shall extend to the premises in which such function, occasion, or event is held and shall be in force and enforceable during all the time that the licensee, its agents, servants, employees, or stock are in such premises. Any special license issued under this Subsection (E)(5) of this Section shall allow the sale of intoxicating liquor in the original package.
5.
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 of her catering business.
6.
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 license number, but not
used, if the wholesaler removes the product within seventy-two (72)
hours of the expiration of the catering function, occasion, or event.
F.
Operating Hours, Days.
1.
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 upon or about his/her premises except
as otherwise authorized and licensed for Sunday sales. Any person
licensed to sell intoxicating liquor by the drink shall keep a closed
place during the aforementioned prohibited times.
2.
When January 1, March 17, July 4, or December 31 falls on 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 to the contrary.
G.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted
on the premises for which the license has been issued.
2.
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.
3.
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.
4.
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. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
H.
Druggists May Sell And Physicians Prescribe Liquor. Any druggist
may have in his/her possession intoxicating liquor purchased by him/her
from a licensed vendor under a license pursuant to State law, or intoxicating
liquor lawfully acquired at the place of acquisition and legally transported
into this State and lawfully inspected, gauged and labeled as provided
by State law; such intoxicating liquor to be used in connection with
the business of a druggist in compounding medicines or as a solvent
or preservant; provided, that nothing in this Chapter shall prevent
a regularly licensed druggist, after he/she procures a license therefor,
from selling intoxicating liquor in the original package but not to
be drunk or the packages opened on the premises where sold; and provided
further, that nothing in this Chapter shall be construed as limiting
the right of a physician to prescribe intoxicating liquor in accordance
with his/her professional judgment for any patient at any time or
prevent a druggist from selling intoxicating liquor to a person on
prescription from a regularly licensed physician as above provided.
I.
Tastings.
1.
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter and who is licensed to sell intoxicating liquor in the original package at retail may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises. Nothing in this Subsection I(1) shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
2.
Any winery, distiller, manufacturer, wholesaler, or brewer or
designated employee may provide and pour distilled spirits, wine,
or malt beverage samples off a licensed retail premises for tasting
purposes, provided no sales transactions take place. For purposes
of this Subsection, a "sales transaction" shall mean an actual and
immediate exchange of monetary consideration for the immediate delivery
of goods at the tasting site.
3.
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Section 600.020(D)(1) or (2).
4.
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine, or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section 600.030(I)(1) or hold a by-the-drink-for-consumption-on-the-premises-where-sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
a.
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer, or
brewer or by a sampling service retained by the retailer, winery,
distiller, manufacturer, or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control.
b.
Any distilled spirits, wine, or malt beverage sample provided
by the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
J.
Microbreweries.
1.
Notwithstanding any other provision of this Chapter to the contrary,
the holder of a microbrewer's license may apply for, and the
City may issue, a license to sell all kinds of intoxicating liquor
by the drink at retail for consumption on the premises of the microbrewery
or in close proximity to the microbrewery. No holder of a microbrewer's
license, or any employee, officer, agent, subsidiary, or affiliate
thereof, shall have more than ten (10) licenses to sell intoxicating
liquor by the drink at retail for consumption on the premises.
2.
The holder of a microbrewer's license may also sell beer
and malt liquor produced on the brewery premises to duly licensed
wholesalers. However, holders of a microbrewer's license shall
not, under any circumstances, directly or indirectly, have any financial
interest in any wholesaler's business, and all such sales to
wholesalers shall be subject to the restrictions of Sections 311.181
and 311.182, RSMo.
K.
Restaurant Bars.
1.
Notwithstanding any other provision of law, it shall not be
unlawful for the owner, operator, or employees of a restaurant bar
to allow patrons to carry out one (1) or more bottles of unfinished
wine, nor shall it be unlawful for patrons of such restaurant bar
to carry out one (1) or more bottles of unfinished wine under the
following conditions:
a.
The patron must have ordered a meal;
b.
The bottle or bottles of wine must have been at least partially
consumed during the meal;
c.
The restaurant bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
d.
The restaurant bar must securely reseal the bottle or bottles
of wine and place them in one (1) or more one-time-use, tamperproof,
transparent bags and securely seal the bags.
2.
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection (K)(1) of this Section, in a vehicle, shall be considered to have violated any local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
3.
Notwithstanding any other provision of law to the contrary,
any restaurant bar without an on-site brewery that serves twenty (20)
or more different types of draft beer may sell thirty-two (32) fluid
ounces or more of such beer to customers for consumption off the premises
of such restaurant bar.
L.
Wineries.
1.
Notwithstanding any other provision of law, it shall be lawful
for the owner, operator, or employees of a winery to allow patrons
to carry out one (1) or more bottles of unfinished wine and it shall
be lawful for patrons of such winery to carry out one (1) or more
bottles of unfinished wine under the following conditions:
a.
The bottle or bottles of wine must have been at least partially
consumed at the winery;
b.
The winery must provide a dated receipt for the unfinished bottle
or bottles of wine; and
c.
The winery must securely reseal the bottle or bottles of wine
and place them in one (1) or more one-time-use, tamperproof, transparent
bags and securely seal the bags.
2.
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection (L)(1) of this Section shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
M.
Manufacturing Of Wine Or Brandy.
1.
A manufacturer of wine or brandy licensed under Section 600.020(B)(4) may use in any calendar year such 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.
2.
In any year when a natural disaster causes substantial loss
to the Missouri crop of grapes, berries, other fruits, fruit products,
honey or vegetables from which wines are made, Section 311.190, RSMo.,
authorizes the Director of the Department of Agriculture to determine
the percent of loss and allow a certain additional percent, based
on the prior calendar year's production of such products, to
be purchased outside the state of Missouri to be used and offered
for sale by Missouri wineries.
3.
A manufacturer licensed under Section 600.020(B)(4) may purchase and sell bulk or packaged wines or brandies received from other manufacturers licensed under Section 311.190, RSMo., 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 Section 311.190, RSMo., may offer samples of wine, may sell wine and brandy 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 12:00 Midnight and on Sunday between 9:00 A.M. and 10:00 P.M.
[Ord. No. 1851, 3-15-2017]
No license shall be granted for the sale of intoxicating liquor
within one hundred (100) feet of any school, church or other building
regularly used as a place of religious worship; except that when a
school, church or place of worship shall thereafter be established
within one hundred (100) feet of any place of business licensed to
sell intoxicating liquor, renewal of the license shall not be denied
for this reason. This Section shall not apply to a holder of a license
issued pursuant to Section 311.090, 311.218 or 311.482, RSMo., or
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.
[Ord. No. 697 §3, 12-18-2003; Ord. No. 1444 §3, 11-4-2009; Ord. No. 1851, 3-15-2017]
A.
A business license and a liquor license is required for each place of business, and the following liquor license fees for the licenses as described in Section 600.020 of this Code shall be paid annually:
1.
General licenses.
a.
Manufacturers of malt liquor: $375.00.
b.
Manufacturers of liquor, less than twenty-two percent (22%)
alcohol by weight: $300.00.
c.
Manufacturers of liquor of all kinds: ($675.00.
d.
Manufacturers of wine or brandy: $5.00 for each five hundred
(500) gallons or fraction thereof of wine or brandy produced up to
a maximum license fee of $300.00.
e.
Sale to wholesalers of malt liquor: $75.00.
f.
Sale to wholesalers of liquor, less than twenty-two percent
(22%) alcohol by weight: $150.00.
g.
Sale to wholesalers of liquor of all kinds: $675.00.
h.
Microbrewery: a license fee of $5.00 for each one hundred (100)
barrels or fraction thereof, up to a maximum license fee of $250.00.
i.
Wholesalers, malt liquor: $150.00.
j.
Wholesalers, less than twenty-two percent (22%) alcohol by weight:
$300.00.
k.
Wholesalers of liquor of all kinds: $750.00.
l.
Malt liquor, original package: $75.00.
m.
Intoxicating liquor (all kinds), original package: $150.00.
n.
Malt liquor, by drink: $75.00.
o.
Malt liquor and light wines, by drink: $75.00.
p.
Intoxicating liquor (all kinds), by drink: $450.00.
2.
Sunday sales: three hundred dollars ($300.00).
3.
Permits.
a.
Temporary permit, original package [seven (7) days maximum]:
$10.00 per day.
b.
Temporary permit, for sale by drink [seven (7) days maximum]:
$10.00 per day.
c.
Special caterer's license [fifty (50) days maximum]: $500.00
per year.
d.
Special caterer's license (unlimited number of functions):
$1,000.00 per year.
e.
Tasting permit: $37.50.
B.
Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July 1.
[Ord. No. 697 §§7 —
12, 12-18-2003; Ord. No.
936 §1, 10-19-2005; Ord. No. 1444 §4, 11-4-2009; Ord. No. 1851, 3-15-2017]
A.
Prerequisite To Grant Of License. No license required by this Chapter
shall be granted by the Board of Aldermen unless application has been
made as required in this Chapter.
B.
Requirements of Applicant.
1.
No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and a taxpaying resident of the 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 resident of the City; and, except as otherwise provided under Subsection (B)(6) 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 (B)(5) of this Section, or who has been convicted of violating such law since the date aforesaid; provided, that nothing contained in this Section 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 City.
2.
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 law shall have had a license revoked under this law except as otherwise provided under Subsection (B)(5) and (6) 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.
3.
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.
4.
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.
5.
Any person whose license or permit issued under this Chapter
has been revoked shall be automatically eligible to work as an employee
of an establishment holding a license or permit under this Chapter
five (5) years after the date of the revocation.
6.
Any person whose license or permit issued under this Chapter
has been revoked shall be eligible to apply and be qualified for a
new license or permit five (5) years after the date of the revocation.
C.
Form And Contents. All applications for licenses under the provisions
of this Chapter shall be made in writing to the City and shall set
forth the following information:
1.
Designation of the kind of license desired;
2.
Description of the premises to which such license is to apply
and the location or address thereof;
3.
Name, place of residence and mailing address of the person,
individual, association, partnership, and names of partners, or corporation
and managing officer thereof, for whom a license is sought;
4.
Criminal records check along with the dates and places of all
revocation of liquor licenses and all convictions of any law applicable
to the manufacture or sale of intoxicating liquor, if any;
5.
Term of license;
6.
Signature of applicant.
D.
Filing And Presentation To Board Of Aldermen. Applications for licenses
under this Chapter shall be filed with the City Clerk, the date of
filing being noted thereon by the City Clerk, and shall be presented
to the Board of Aldermen at its first regular or special meeting thereafter.
E.
Deposit Of License Fee — Disposition Of Such Deposit. At the
time of filing an application for a license under this Chapter, the
applicant shall pay the license fee to the City Clerk for the license
applied for, either in cash, or by bank draft, money order, certified
check or cashier's check, made payable to the City of Dardenne
Prairie. The Board of Aldermen shall grant no license unless such
deposit of the license fee has been made. If the license is not granted,
the license fee shall be refunded in full to the applicant. If the
license is granted, such amount deposited with the application shall
be turned over to the City Treasurer who will issue a receipt together
with the license to the applicant.
F.
When Considered By Board Of Aldermen. No application for a license,
whether for a new license, or in renewal of any license previously
held by the applicant, shall be formally approved or granted by the
Board of Aldermen for at least ten (10) days after filing of any such
license application.
G.
Grant And Issuance — Contents. No license applied for pursuant
to this Chapter shall be granted unless and until a majority of the
members elected to the Board of Aldermen shall vote in favor thereof.
Upon a vote granting the license applied for, the City Clerk shall
issue such license, 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.
H.
Term — Proration — Dating Of License Prior To Granting
Of License And Extension Of License. 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 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 of such license by the Board of Aldermen.
[Ord. No. 697 §15, 12-18-2003; Ord. No. 1851, 3-15-2017]
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.
[Ord. No. 1087 §§1 —
2, 11-15-2006; Ord. No.
1444 §5, 11-4-2009; Ord. No. 1851, 3-15-2017]
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carryout intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
Persons eighteen (18) years of age or older may, when acting
in the capacity of a waiter or waitress, accept payment for or serve
intoxicating liquor in places of business which sell food for consumption
on the premises if at least fifty percent (50%) of all sales in those
places consists of food; provided that nothing in this Section shall
authorize persons under twenty-one (21) years of age to mix or serve
across the bar intoxicating beverages.
4.
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor but which does not sell intoxicating liquor at retail, persons
at least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
B.
Sales To Minor — Exceptions.
1.
Any licensee under this Chapter, or his employee, who shall
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his parent or guardian who shall procure for, sell, give away
or otherwise supply intoxicating liquor to any person under the age
of twenty-one (21) years, or to any intoxicated person or any person
appearing to be in a state of intoxication, or to a habitual drunkard,
shall be deemed guilty of an ordinance violation, except that this
Section shall not apply to the supplying of intoxicating liquor to
a person under the age of twenty-one (21) years for medical purposes
only, or to the administering of such intoxicating liquor to any person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor when serving in
the capacity as an employee of a licensed establishment.
2.
Any owner, occupant or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his or her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Section if:
a.
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit, or an employee thereof;
b.
The defendant sold the intoxicating liquor to the minor with
reasonable cause to believe that the minor was twenty-one (21) or
more years of age; and
c.
To purchase the intoxicating liquor, the person exhibited to
the defendant a driver's license, Missouri non-driver's
identification card, or other official or apparently official document,
containing a photograph of the minor and purporting to establish that
such minor was twenty-one (21) years of age and of the legal age for
consumption of intoxicating liquor.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or Identification Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use 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.
D.
Minors In Possession Of Intoxicating Liquor. Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.010, or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of an ordinance violation.
E.
For purposes of prosecution under this Section, 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.
[Ord. No. 1444 §6, 11-4-2009; Ord. No. 1851, 3-15-2017]
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee authorized to sell
intoxicating liquor at retail to purchase any intoxicating liquor
except from, by or through a duly licensed wholesale liquor dealer
in this State. It shall be unlawful for such retail licensee to sell
or offer for sale any intoxicating liquor purchased in violation of
the provisions of this Section.
B.
Any licensee authorized to sell intoxicating liquor at retail shall
not:
1.
Sell intoxicating liquor with an alcohol content of less than
five percent (5%) by weight to the consumer in an original carton
received from the wholesaler that has been mutilated, torn apart or
cut apart; or
2.
Repackage intoxicating liquor with an alcohol content of less
than five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee or any other person
shall for any purpose whatsoever mix or permit or cause to be mixed
with any intoxicating liquor kept for sale, sold or supplied by him/her
as a beverage any drug or form of methyl alcohol or impure form of
alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful
for any person to sell any intoxicating liquor which has not been
inspected and labeled according to the provisions of the Liquor Control
Law of Missouri, and any such person upon conviction shall have his/her
license(s) revoked and shall be ineligible to receive any subsequent
liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
F.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall
mean any public street, highway, alley, sidewalk, thoroughfare or
other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or
on any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
Except as otherwise provided herein, no person shall possess
or have under his/her control any unsealed glass, bottle, can or other
open container of any type containing any intoxicating liquor while
within or on any motor vehicle while the same is being operated upon,
or parked or standing in or upon, any public place. Any person operating
a motor vehicle shall be deemed to be in possession of an open container
contained within the motor vehicle he/she has control of whether or
not he/she has actual physical possession of the open container.
G.
Live Entertainment On Premises Prohibited. No person licensed for
the sale of intoxicating liquor by the drink for consumption on the
premises shall permit or allow any live entertainment on the premises.
The playing and singing of music solely shall not be considered live
entertainment under this Section.
[Ord. No. 1444 §7, 11-4-2009; Ord. No. 1851, 3-15-2017]
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, United States mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapter
311 or 312, RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor
of Alcohol and Tobacco Control;
3.
Making a false affidavit in an application for a license under
this Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting
the consumption on the licensed premises of any kind of intoxicating
liquors, the sale, possession or consumption of which is not authorized
under the license;
6.
Selling, offering for sale, possessing or knowingly permitting
the consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving, or otherwise supplying intoxicating liquor
to:
a.
Any person under the age of twenty-one (21) years;
b.
Any person during unauthorized hours on the licensed premises;
c.
A habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor; or
d.
Any person on the licensed premises during a term of suspension
as ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked automatically
if the licensee's State liquor license is revoked or if the licensee
is convicted in any court of any violation of Chapter 311 or Chapter
312, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if
the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have been suspended
by order of the Board shall sell or give away any intoxicating liquor
during the time such suspension is in effect. Any licensee desiring
to keep premises open for the sale of food or merchandise during the
period of suspension shall display the Board's order of suspension
in a conspicuous place on the premises so that all persons visiting
the premises may readily see the same.
[Ord. No. 1851, 3-15-2017]
A.
Testimony — Evidence. Hearings before the Board shall be in
the nature of informal investigations. Testimony of witnesses and
other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued by the Board
for any person whose testimony is desired at any hearing. Such subpoenas
may be served and returns thereon made by any agent and in the same
manner as provided by law for the service of subpoenas in civil suits
in the Circuit Courts of this State. The Board also may issue subpoenas
duces tecum requiring the production of documents or other items pertaining
to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify in any such
hearing, he/she shall be sworn by the City Clerk to tell the truth
and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision of the
Board may appeal such decision to the Circuit Court as provided in
Chapter 536, RSMo., provided such appeal is filed within ten (10)
days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[Ord. No. 1851, 3-15-2017]
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 (11) inches by fourteen (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.
