[R.O. 1985 § 5-16; Ord. No. 53, § 1, 8-22-1950; Code 1965,
§ 40.01; Ord. No. 4587, § 1, 10-27-2015]
Terms used in this Article have the following meanings:
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 three and
two tenths percent (3.2%) of alcohol by weight.
ORIGINAL PACKAGE
As applied to malt liquors, any package containing three
(3) or more standard bottles of beer.
PREMISES
That portion of any building in which a licensee hereunder
has his/her/her place of business and any additional building or portion
thereof used in connection therewith, the entire lot or lots, parcel
or parcels of land on which said buildings are situated, or which
are used in connection with said buildings.
RESTAURANT
Any place of business, the main purpose and activity of which
is to serve meals, sandwiches, short orders and other food to be eaten
by its customers on the premises and which does not provide or furnish
to the public lodging or sleeping rooms.
TAVERN
Any establishment where over fifty percent (50%) of revenue
is from sales of intoxicating liquor sold by the drink for consumption
on the premises.
[R.O. 1985 § 5-17; Ord. No. 53, § 5, 8-22-1950; Code 1965,
§ 40.32]
It shall be the duty of the police of the City to see that the
provisions of this Code in regard to the sale of intoxicating liquor
are obeyed, and to report violations to the Chief of Police. It shall
be the duty of the Chief of Police to report all such infractions
immediately to the Board of Aldermen.
[R.O. 1985 § 5-19; Ord. No. 44, § IX, 6-27-1950; Ord. No. 53, § 10, 8-22-1950; Code 1965, §§ 40.02, 40.03; Ord. No. 4573, § 1, 8-25-2015]
(a) Pursuant to the results of an election by the qualified voters of
the City on August 8, 1950, intoxicating liquor, containing alcohol
in excess of five percent (5%) by weight, may be sold by the drink
at retail for consumption on the premises where sold in the City.
(b) No license shall be issued for the sale of intoxicating liquors,
containing alcohol in excess of five percent (5%) by weight, by the
drink at retail for consumption on the premises where sold if the
place of sale is within three hundred (300) feet of any building used
for church or school purposes or of any public playground located
within the City. The above sentence shall not apply to cases where
the church or school or public playground is established after the
license herein has been issued, and in such cases licenses may be
renewed without respect to location of the church, school or public
playground except when prohibited by State law.
[R.O. 1985 § 5-20; Ord. No. 53, § 16, 8-22-1950; Code 1965,
§ 40.24; Ord. No. 2033, § 3, 10-8-1985]
(a) It shall be unlawful for any person holding a license for the sale
of malt liquor containing alcohol in excess of three and two tenths
percent (3.2%) of alcohol by weight and not in excess of five percent
(5%) of alcohol by weight only, to have or keep in or on his/her premises
any intoxicating liquor of any kind or character, other than such
malt liquor brewed or manufactured by the method, in the manner, and
of the ingredients required by the laws of this State; or to sell,
or offer for sale, in or upon the premises, any intoxicating liquor
other than malt liquors containing alcohol in excess of three and
two tenths percent (3.2%) of alcohol by weight and not in excess of
five percent (5%) of alcohol by weight.
(b) It shall be unlawful for any person holding a license for the sale of intoxicating liquor and malt liquor containing alcohol in excess of three and two tenths percent (3.2%) of alcohol by weight, but not in excess of fourteen percent (14%) of alcohol by weight to have, keep, sell or offer for sale in or on his/her premises, any intoxicating liquor of any kind or character, other than malt liquors [brewed or manufactured as provided in Subsection
(a)] and intoxicating liquors containing alcohol in excess of three and two tenths percent (3.2%) of alcohol by weight, but not in excess of fourteen percent (14%) of alcohol by weight.
[R.O. 1985 § 5-21; Ord. No. 53, § 18, 8-22-1950; Code 1965,
§ 40.26; Ord. No. 4587, § 2, 10-27-2015]
(a) It shall be unlawful for any minor under the age of eighteen (18)
years to be and remain or to loiter in any tavern, unless accompanied
by the parent or legal guardian of such minor.
(b) It shall be unlawful at any tavern for any person licensed to sell
intoxicating liquors at retail by the drink for consumption on the
premises, or his/her employee, to allow any minor under the age of
eighteen (18) years, unless accompanied by a parent or legal guardian
of such minor, to be and remain or to loiter in the tavern of such
person so licensed.
(c) Each such licensee shall keep at all times conspicuously posted in
such tavern a printed sign displaying in black letters not less than
one (1) inch wide on a white background the words:
"Notice — Minors under the age of eighteen (18)
years are not allowed here unless accompanied by parent or legal guardian."
The maintenance of such sign shall not excuse any licensee from
a violation of this Section.
[R.O. 1985 § 5-22; Ord. No. 53, § 17, 8-22-1950; Code 1965,
§ 40.25]
It shall be unlawful for any merchant or keeper of any place
of business in the City, or the employee of such merchant or keeper,
to suffer or permit any minor to drink or consume on the premises
on which his/her business is conducted any intoxicating liquor, however
acquired, or to sell, give away, lend, permit the use of or otherwise
dispose of any soda water, ginger ale, water, ice, glass, spoon, container
or receptacle to any person with the intent or knowledge that the
same will be consumed or used in connection with the drinking or consuming
by a minor of any such intoxicating liquor on such premises.
[R.O. 1985 § 5-23; Ord. No. 53, § 19, 8-22-1950; Ord. No. 809, §§ 1, 2, 1-28-1964; Code 1965, § 40.27; Ord. No.
4071, § 1, 7-24-2007]
(a) It shall be unlawful for any person or his/her employee to sell or
supply intoxicating liquor or permit same to be sold or supplied to
a habitual drunkard or to any person who is or is apparently intoxicated.
(b) Intoxicating liquor shall not be given, sold or otherwise supplied
to any person under the age of twenty-one (21) years, but this shall
not apply to supplying intoxicating liquor to a person under said
age for medicinal purposes only, or by a physician.
(c) Except as provided in Subsection
(c)(1) and (2) below, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or nonintoxicating beer.
(1) In any place of business licensed in accordance with Section 311.200
or 312.040, RSMo., where at least fifty percent (50%) of the gross
sales made consists of goods, merchandise or commodities other than
intoxicating liquor or nonintoxicating beer in the original package,
persons at least eighteen (18) years of age may stock, arrange displays,
accept payment for and sack for carryout intoxicating liquor or nonintoxicating
beer. Delivery of intoxicating liquor or nonintoxicating beer away
from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years.
(2) In any distillery, warehouse, wholesale distributorship or similar
place of business which stores or distributes intoxicating liquor
or nonintoxicating beer but which does not sell intoxicating liquor
or nonintoxicating beer at retail, persons at least eighteen (18)
years of age may be employed and their duties may include the handling
of intoxicating liquor or nonintoxicating beer for all purposes except
consumption, sale at retail or dispensing for consumption or sale
at retail.
(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 or nonintoxicating beer in places of business which sell food
by 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 or nonintoxicating
beer.
(d) Any person under the age of twenty-one (21) years, who purchases
or attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly intoxicated as defined in Section 577.00,
RSMo., or has a detectable blood alcohol content of more than two
one hundredths of a percent (0.02%) or more by weight of alcohol in
such person's blood is guilty of a violation of this Section. For
purposes of 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 violator may allege that there was not 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.
(e) It shall be unlawful for any person of the age of seventeen (17)
years and under the age of twenty-one (21) years to represent that
he or she has attained the age of twenty-one (21) years for the purpose
of purchasing, asking for or in any way receiving any intoxicating
liquor.
[R.O. 1985 § 5-24; Code 1965, § 40.273; Ord. No. 1136, § 1, 6-17-1969]
It shall be unlawful for any person or persons to permit a minor
on his/her premises, or on premises under his/her control or management,
to bring upon such premises for consumption by such minor or by another
minor any intoxicating liquor, or to permit a minor to consume intoxicating
liquor thereon excepting as provided in Section 5-23 of this
Code, or to permit such minor to have intoxicating liquor in his/her
possession or under his/her control on such premises. It shall be
the duty of such person owning or controlling the premises to promptly
notify the police of any violation of the ordinances pertaining to
the use, possession or consumption of intoxicating liquor by a minor,
and the violation of such duty shall be unlawful.
[R.O. 1985 § 5-25; Code 1965, § 40.275; Ord. No. 1136, § 2, 6-17-1969]
It shall be unlawful for any person having any minor or group
of minors under his/her charge or control or care or who is acting
as sponsor or chapter one for a minor or minors to permit or allow
such minor or minors to have in his/her or their possession or to
consume any intoxicating liquor excepting as provided in Section 5-23
of this Code. It shall be the duty of such person in charge of a minor
or minors promptly to notify the police of any violation of the ordinances
pertaining to the use, possession or consumption of intoxicating liquor
by a minor, and the violation of such duty shall be unlawful.
[R.O. 1985 § 5-26; Ord. No. 53, § 15, 8-22-1950; Ord. No. 392, § I, 9-10-1957; Code 1965, § 40.28; Ord. No.
1026, § 1, 12-12-1967; Ord. No. 1305, § 1, 11-23-1971; Ord. No. 3052, § 1, 2-23-1988; Ord. No. 3311, § 1, 6-28-1994; Ord. No. 3320, § 1, 9-27-1994; Ord. No. 3795, § 1, 9-23-2003; Ord. No. 4397, § 1, 2-12-2013]
(a) No person having a license under this Article, nor any employee of
such person, shall sell, give away, or otherwise dispose of, or suffer
the same to be done upon or about his/her premises, 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. and 6:00 a.m. Monday.
If the person has a license to sell intoxicating liquor by the drink,
his/her premises shall be and remain a closed place as defined in
this Section between the hours of 1:30 a.m. and 6:00 a.m. on weekdays
and between the hours of 1:30 a.m. and 6:00 a.m. Monday. Where such
licenses authorizing the sale of intoxicating liquor by the drink
are held by clubs or hotels, this Section shall apply only to the
room or rooms in which intoxicating liquor is dispensed; and where
such licenses are held by restaurants whose business is conducted
in one (1) room only and substantial quantities of food and merchandise
other than intoxicating liquors are dispensed, then the licensee shall
keep securely locked during the hours and on the days specified in
this Section all refrigerators, cabinets, cases, boxes, and taps from
which intoxicating liquor is dispensed. A "closed place" is defined
to mean a place where all doors are locked and where no patrons are
in the place or about the premises. Nothing in this Section shall
be construed to prohibit the sale or delivery of any intoxicating
liquor during any of the hours or on any of the days specified in
this Section by a wholesaler licensed under the provisions of Section
311.180, RSMo., to a person licensed to sell intoxicating liquor at
retail.
(b) 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 such license on that day from the time and until the time which
would be lawful on another day of the week, any other provision of
law to the contrary.
(c) Establishments licensed to sell intoxicating liquor at retail may
apply for a license to sell intoxicating liquor at retail between
the hours of 9:00 a.m. and midnight on Sundays.
[R.O. 1985 § 5-27; Ord. No. 53, § 21, 8-22-1950; Code 1965,
§ 40.20]
The sale of intoxicating liquor, except malt liquor, in the
original package in any quantity less than one hundred eighty-seven
(187) milliliters shall be deemed sale by the drink, and may be made
only by the holder of a retail liquor dealer's license, and, when
so made, the container in every case shall be emptied and the contents
thereof served as other intoxicating liquors sold by the drink are
served.
[R.O. 1985 § 5-28; Ord. No. 274, § 1, 1-24-1956; Code 1965,
§ 40.30; Ord. No. 4587, § 3, 10-27-2015]
(a) At drive-in eating places, intoxicating liquor may be sold ready
for consumption in glasses or opened beer bottles. At any establishment,
intoxicating liquor shall not be sold or otherwise disposed of by
the drink through a drive-up window to any person.
(b) No packaged goods may be sold except in an enclosed building in conjunction
with a restaurant, drugstore, tobacco store, confectionery, grocery
store, delicatessen or other places where food or groceries are sold,
and may not be sold to persons seated in automobiles.
(c) In the case of hotels, intoxicating liquors may be sold any place
in the building; in restaurants, it may be sold at a bar and in the
dining rooms and on a screened dining room or porch.
(d) In the case of private clubs, intoxicating liquor may be sold in
the dining room, bar and screened-in dining porch or outdoor eating
place equipped with tables and chairs.
(e) A licensee to sell intoxicating liquor by the drink may operate a
summer garden in conjunction with a tavern provided at least one (1)
boundary of the garden is a public street or highway and provided
it is so fenced as to permit an unobstructed view of the whole of
such garden from the sidewalk or street.
[R.O. 1985 § 5-41; Ord. No. 53, §§ 30, 32 – 34, 8-22-1950; Code 1965, § 40.31; Ord. No.
3481, § 1, 10-28-1997]
(a) License. Every manufacturer, distiller, brewer or wholesaler of intoxicating
liquor within the City shall be licensed as such by the Board of Aldermen.
(b) Wholesaler Defined. A "wholesaler" is herein defined to be a person
who exposes for sale or makes one (1) or more sales for resale of
intoxicating liquor within the limits of the City, or who conducts
a business of exposing for sale or selling intoxicating liquor for
resale from an established place of business within the City. A manufacturer,
distiller or brewer within the City shall not be required to take
out a wholesaler's license for the sale of his/her products at wholesale
at the place of manufacture or in quantities of not less than one
(1) gallon.
(c) License Procedure. The qualifications of persons granted licenses,
the application therefor, the officer to whom same shall be made,
the disposition of and action thereon, the payment and collection
of fees, the license therefor and proceedings for revocation thereof
and other regulations thereunder, shall in all respects be those provided
for herein in the case of retail liquor dealers.
(d) License Fees. For such license, there shall be paid to the City Clerk
annual charges as follows:
(1) For a manufacturer, other than a microbrewer, distiller, or brewer
of intoxicating liquor, three hundred seventy-five dollars ($375).
(2) For a wholesaler of intoxicating liquor, one hundred fifty dollars
($150).
(3) For a microbrewer, seven dollars fifty cents ($7.50) for each one
hundred (100) barrels or fraction thereof, up to a maximum fee of
three hundred seventy-five dollars ($375).
(e) Sales To Unlicensed Dealer. It shall be unlawful for any manufacturer,
distiller, brewer or wholesale dealer in intoxicating liquor, either
directly or indirectly, to sell or deliver intoxicating liquor to
any person in the City not licensed under the provisions of this Article
to sell intoxicating liquor at retail.
[R.O. 1985 § 5-42; Ord. No. 53, §§ 2, 12, 13, 8-22-1950; Ord. No. 300, §§ 2, 3, 5-15-1956; Code 1965, § 40.04; Ord. No. 2033, § 1, 10-8-1985; Ord. No. 3262, § 1, 6-8-1993; Ord. No. 3311, § 2, 6-28-1994; Ord. No. 3320, § 2, 9-27-1994; Ord. No. 3795, § 2, 9-23-2003; Ord.
No. 5184, 9-14-2021]
(a) It shall be unlawful for any person to sell or expose for sale in
this City intoxicating liquor in any quantity without a license from
the City. A separate license shall be taken out for each of the classes
of sales of intoxicating liquors in which the licensee desires to
engage and the fee shall be as follows:
(1) Sale of all kinds of intoxicating liquor in the original package
not to be consumed on the premises where sold, seventy-five dollars
($75) per year. No such license shall be issued except to a person
engaged in and to be used in connection with one (1) or more of the
following businesses: A drugstore, a cigar and tobacco store, a grocery
store, a general merchandise store, a confectionery and/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), exclusive of fixtures and intoxicating
liquors;
(2) Sale of intoxicating liquor of all kinds at retail by the drink for
consumption on the premises where sold, and the sale of intoxicating
liquors in the original package, four hundred fifty dollars ($450)
per year.
(3) Sale of intoxicating liquor and malt liquor in excess of three and
two tenths percent (3.2%) of alcohol by weight, but not in excess
of fourteen percent (14%) of alcohol by weight, by the drink and for
consumption on the premises, two hundred dollars ($200) per year.
(4) Sale of intoxicating liquor in the original package at retail between
the hours of 6:00 a.m. on Sundays and 1:30 a.m. on Mondays, three
hundred dollars ($300) per year.
(5) Sale of intoxicating liquor by the drink on Sunday between the hours
of 6:00 a.m. on Sundays and 1:30 a.m. on Mondays, three hundred dollars
($300) per year.
[R.O. 1985 § 5-42.1; Ord. No. 3327, § 1, 11-11-1994]
The holder of a license to sell intoxicating liquor in the original
package at retail may conduct wine tastings on the licensed premises,
upon evidence that a permit has been issued by the State supervisor
of liquor control and upon payment to the City of a fee of twenty-five
dollars ($25) per year. Nothing herein shall be construed to permit
the licensee to sell wine for on-premises consumption.
[R.O. 1985 § 5-43; Ord. No. 53, §§ 2, 11, 8-22-1950; Ord. No. 300, § 1, 5-15-1956; Code 1965, § 40.05]
(a) Malt 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, may be sold by the drink at retail for consumption on the
premises where sold, when the person desiring to sell said malt liquor
by the drink at retail for consumption on the premises shall first
have obtained a license therefor. Provided, that no such license shall
be issued if the place of sale is within three hundred (300) feet
of any property used for church or school purposes or of any public
playground located within the City, and provided further that, the
first proviso above shall not apply to cases where the church or school
or public playground is established after the license herein has been
issued, and in such cases licenses may be renewed without respect
to location of the church, school or public playground except when
prohibited by State law. The license fee for such license is fifty-two
dollars fifty cents ($52.50) per year.
(b) Malt 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 may be sold by grocers and other merchants and dealers in the
original package direct to consumers, but not for resale and not for
consumption on the premises where sold, when the person desiring to
sell said malt liquor in the original package shall first have obtained
a license therefor. The license fee for such license is twenty-two
dollars fifty cents ($22.50) per year.
[R.O. 1985 § 5-44; Ord. No. 274, § 1, 1-24-1956; Code 1965,
§ 40.06; Ord. No. 4598, § 1, 11-24-2015]
A license for the sale of all kinds of intoxicating liquor,
including intoxicating liquor in the original package, at retail by
the drink for consumption on the premises of the licensee may be issued
to any church, school, civic, service, fraternal, veteran, political,
or charitable club or organization for the sale of such intoxicating
liquor at a picnic, bazaar, fair, or similar gathering. The license
shall be issued only for the day or days named therein and for not
more than seven (7) days, if approved by the Board of Aldermen. The
applicant shall pay a fee of twenty-five dollars ($25) for such license.
The Board of Aldermen may make such conditions as it deems advisable
with respect to the location of any bar or other dispensing place.
So long as State law requires the same, 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.
[R.O. 1985 § 5-45; Ord. No. 53, § 8, 8-22-1950; Code 1965,
§ 40.22]
A separate license is required for each place of business. Every
license issued shall particularly describe the premises at which intoxicating
liquor may be sold thereunder, and such license does not authorize
or permit the sale of intoxicating liquor at any place other than
that described therein.
[R.O. 1985 § 5-46; Ord. No. 53, § 2, 8-22-1950; Code 1965,
§ 40.07]
Each license issued under this Article shall apply to the class
for which issued, and it shall be unlawful for any person to sell
or expose for sale any intoxicating liquor except in the manner authorized
in the license held by the licensee.
[R.O. 1985 § 5-47; Ord. No. 53, § 26, 8-22-1950; Code 1965,
§ 40.08]
The number of dealers who may be licensed to sell liquor by
the drink shall be limited to one (1) for every four hundred (400)
inhabitants of the City as determined by the last Federal census or
by any subsequent census ordered by the Board of Aldermen.
[R.O. 1985 § 5-48; Ord. No. 53, § 3, 8-22-1950; Code 1965,
§ 40.09; Ord. No. 2033, § 2, 10-8-1985]
No person shall be granted a license under this Article unless
such person is of good moral character and a qualified legal voter
and taxpaying citizen of the State; and 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 the violation
of the provisions of any law applicable to the manufacture or sale
of intoxicating liquor, or of any felony statute within the last ten
(10) years, or who employs or has employed in his/her business, as
such dealer, any person whose license has been revoked or who has
been convicted of violating the provisions of any such liquor law
since the date aforesaid.
[R.O. 1985 § 5-49; Ord. No. 53, § 6, 8-22-1950; Code 1965,
§ 40.11]
An application for a license to sell intoxicating liquors under
this Article shall be filed with the City Clerk and shall be on forms
to be furnished by the City Clerk and signed and sworn to by the applicant.
[R.O. 1985 § 5-50; Ord. No. 53, § 7, 8-22-1950; Code 1965,
§ 40.12]
Upon the filing of an application for a license under this Article,
the application shall be presented to the Board of Aldermen at its
next regular or special meeting, and upon approval of the application
by a majority of the Board, and upon payment of the license tax herein
provided for, the City Clerk shall issue a license to the applicant
to conduct business in the City until July 31 following its issuance.
[R.O. 1985 § 5-51; Ord. No. 274, § 1, 1-24-1956; Code 1965,
§ 40.13]
The Board of Aldermen shall investigate every applicant for
a license, whether for the sale of intoxicating beer or all intoxicating
liquors, and whether by the drink or by the package and may without
limitation refuse a license, or it may grant an initial license on
probation subject to revocation within seven (7)' months without hearing
or notice if in the sole and exclusive judgment of the Board of Aldermen
continuance of the license is not to be the best interests of the
City. If a license on probation is revoked, a proportionate part of
the license fee shall be refunded. The Board may refuse to issue a
license if in its sole judgment it is advisable not to grant it to
the applicant, or if the proposed location is unsatisfactory in the
sole discretion of the Board, or if in the sole and exclusive judgment
and discretion of the Board it is not to the best interests of the
City to grant another license, if at least three (3) of the kind applied
for are in force.
[R.O. 1985 § 5-52; Ord. No. 53, § 27, 8-22-1950; Code 1965,
§ 40.14]
(a) The Board of Aldermen reserves the right to refuse to issue a license
for the sale of intoxicating liquor by the drink when in its judgment
the location for which the license is sought to be obtained is not
in the best interests of the community, taking into consideration
the proximity of homes, schools, churches, playgrounds or other activities
and conditions. When in the judgment of the Board of Aldermen any
person previously operating an establishment for the sale of intoxicating
liquor has not conducted an orderly place or house, the Board of Aldermen
may refuse to renew the license upon its expiration.
(b) No appeals shall lie from the decision of the Board of Aldermen granting
or refusing to grant, or renewing or refusing to renew, any license
for the sale of intoxicating liquor by the drink.
[R.O. 1985 § 5-53; Ord. No. 53, § 22, 8-22-1950; Code 1965,
§ 40.16]
All fees collected by the City Clerk pursuant to this Article
shall be accounted for and paid into the City treasury as other funds
collected by him are accounted for and paid.
[R.O. 1985 § 5-54; Ord. No. 53, § 23, 8-22-1950; Ord. No. 413, § 1, 12-17-1957; Code 1965, § 40.17]
The license fee and license issued under this Article are for
the sole purpose of permitting the licensee to engage in the sale
of intoxicating liquor, and in addition to such fee and license the
licensee shall be liable for and shall pay the merchant's license
fee based upon the value of all of his/her merchandise and upon his/her
gross sales. It shall be unlawful for a licensee to operate without
a merchant's license.
[R.O. 1985 § 5-55; Ord. No. 53, § 20, 8-22-1950; Code 1965,
§ 40.18]
A license issued pursuant to this Article shall be kept conspicuously
posted in the place for which such license was issued.
[R.O. 1985 § 5-56; Ord. No. 53, § 14, 8-22-1950; Ord. No. 410, § 1, 11-26-1957; Code 1965, § 40.19]
(a) Licenses issued under this Article may be transferred in the following
cases:
(1) In the event of the death of a licensee, the widow or widower or
next of kin of the deceased licensee, who shall meet the other requirements
of this Article, may make application and the Board of Aldermen may
order the transfer of the license to permit the operation of the business
of the deceased for the remainder of the period for which the license
fee has been paid.
(2) When one (1) or more members of a partnership withdraw from a partnership,
the Board of Aldermen may permit the remaining partner or partners
to continue operation for the remainder of the period for which the
license fee has been paid, and a memorandum to that effect shall be
endorsed upon the license by the City Clerk.
(b) Substantial changes in the ownership in shares of resident corporations
having liquor licenses shall be reported to the Board of Aldermen,
and changes in the managing officer of such corporations shall also
be reported to the Board of Aldermen, and in such case the Board may
revoke the license if in the judgment and discretion of the Board
the manager is not a fit person to conduct the establishment. A change
in ownership of forty percent (40%) or more of a resident corporation
shall be deemed a substantial change in ownership and in such case
the Board of Aldermen may revoke the license if in its judgment and
discretion the new shareholders are not fit persons to be associated
with the business. If the change in management is approved by the
Board of Aldermen, that fact shall be endorsed upon the license by
the City Clerk.
[R.O. 1985 § 5-57; Ord. No. 53, § 25, 8-22-1950; Code 1965,
§ 40.15]
The annual licenses issued under this Article shall be dated
August 1, and shall expire July 31 of the following year. The fees
for such licenses shall be paid annually in advance. Licenses may
be issued for part of a year for businesses that commenced after August
1, and proportionate fees shall be charged based on he months or fraction of a month said license is to run to
the next July 31 following.
[R.O. 1985 § 5-58; Ord. No. 274, § 1, 1-24-1956; Code 1965,
§ 40.20]
No liquor license, whether for sale by the drink or by the package,
can be renewed as a matter of right and the Board of Aldermen shall
have and exercise the same judgment and discretion with respect to
renewal of licenses as is provided in this Article with reference
to the issuance or refusal of licenses upon original application.
[R.O. 1985 § 5-59; Ord. No. 53, § 24, 8-22-1950; Ord. No. 329, § I, 9-25-1956; Code 1965, § 40.21]
(a) Whenever it is shown to the Board of Aldermen that a dealer licensed
under this Article has not kept an orderly place or house, or has
violated any of the provisions of this Article or of the Liquor Control
Law of the State, or has no license from the State supervisor of liquor
control, or has made a false affidavit in his/her application for
a license, the Board of Aldermen, after a hearing thereon, shall revoke
the license of such dealer, giving ten (10) days' notice in writing
thereof prior to the hearing thereon to the dealer, or any person
in charge of or employed in the place licensed, stating the time,
place, purpose and grounds therefor, at which hearing the dealer may
have counsel and produce witnesses in his/her behalf.
(b) In lieu of revoking the license, if the Board of Aldermen finds that
there are extenuating circumstances or that the violation is of such
a minor nature that revocation of the license would be unduly harsh,
the Board of Aldermen may suspend the license for such period of time
and upon such conditions as may be just in the discretion and judgment
of the Board of Aldermen.