[Ord. No. 2951, 7-3-2018[1]]
Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
[Ord. No. 2951, 7-3-2018]
When used in this Chapter, the following words shall have the
following meanings:
Property immediately adjoining; except, that any intervening
street, alley, highway or other public thoroughfare shall be disregarded.
All beverages with alcoholic content, whether intoxicating
or non-intoxicating.
Alcoholic beverage brewed from malt or a malt substitute
which only includes rice, grain of any kind, bean, glucose, sugar
and molasses. Honey, fruit, fruit juices, fruit concentrate, herbs,
spices and other food materials may be used as adjuncts in fermenting
beer.
Any person holding licenses to sell intoxicating liquor by
the drink at retail for consumption on the premises 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 by Chapter 316. RSMo.
The Chief of Police of the City or his/her duly authorized
representative.
Any building or structure regularly and primarily used as
a place of worship by any organized religious society, organization
or congregation, regardless of whether or not such building or structure
was originally designed and constructed for such purpose.
The City of Parkville, Missouri.
A place where all entrances are locked and where no patrons
are in the place or about the premises.
A license for the consumption of intoxicating liquor in or
upon premises that do not possess a license for the sale of alcoholic
beverages and where food, beverages or entertainment are sold or provided
for compensation, as provided in Section 311.480, RSMo.
Any building or portion thereof, designed or used for residential
purposes.
A room or group of rooms occupied or intended to be occupied
as a separate living quarters by an individual or household.
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.
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 preparation or
mixtures for beverage purposes containing in excess of one-half of
one percent (1/2 of 1%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (1/2 of 1%) by volume
shall be exempt from the provisions of Chapter 311, RSMo., but subject
to inspection as provided by Sections 196.365 to 196.445, RSMo.
The holder of any license(s) issued under the provisions
of this Chapter.
Wine containing not in excess of fourteen percent (14%) of
alcohol by weight, manufactured exclusively from grapes, berries and
other fruits or vegetables.
The license that every person must obtain from the Board
of Aldermen before engaging in or continuing to engage in the business
of manufacturing, distilling, brewing, distributing or selling at
wholesale or retail any alcoholic beverages within the City.
The City Clerk of the City of Parkville, Missouri.
Any beverage manufactured from pure hops, pure extract of
hops or pure barley malt or other wholesome grains or cereals and
wholesome yeast and pure water; free from all harmful substances,
preservatives, as provided in Section 311.490, RSMo.
The person who has active management and control of the licensed
premises.
Any machine or device upon which the insertion of a coin,
slug or disc may be operated by the public generally for use as a
game or amusement including but not limited to marble machines, billiard
tables, pinball machines, skill ball, mechanical grab machines and
other similar games.
A business whose primary activity the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less, as defined by Section 311.195, RSMo.
Any beer manufactured from pure hops or pure extract of hops,
pure barley malt or other wholesome grains or cereals, wholesome yeast,
pure water, free from all harmful substances, preservatives and adulterants,
and having an alcoholic content of more than one-half of one percent
(0.5%) by volume and not exceeding three and two-tenths percent (3.2%)
of alcohol by weight.
Any package containing one (1) or more standard bottles,
cans or pouches of beer.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court.
A person who by reason of his/her unlawful conduct or activities
is known to the police and is or may be under police surveillance
and is or may be liable to arrest at any time; provided, however,
that if such person has been arrested during the past five (5) years,
he/she may at the discretion of the Chief of Police be considered
no longer a police character.
The bounds of the enclosure where alcoholic beverages are
sold or consumed.
The original liquor license issued by the Board of Aldermen
which is not secondary to another liquor license.
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests, having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales or means a seasonal
resort restaurant with food sales as determined in Section 311.095.2,
RSMo., or means a new restaurant establishment having been in operation
for at least ninety (90) days preceding the application for such license,
with a projected experience based upon its sale of food during the
preceding ninety (90) days which would exceed not less than seventy-five
thousand dollars ($75,000.00) per year or a new restaurant establishment
having been in operation for less than ninety (90) days.
A food and beverage retail use where beer, wine, alcohol
or similar beverage is brewed and fermented on the premises, includes
tasting or consumption on the premises, and is packaged for retail
sales and distribution for consumption off of the premises. Production
is limited to ten thousand (10,000) barrels per year for beer, fifteen
thousand (15,000) gallons per year for alcohol and two thousand (2,000)
barrels per year for wine.
An establishment having a restaurant or similar facility
on the premise, at least sixty percent (60%) of the gross annual income
of which is derived from the sale of prepared food or meals consumed
on premises; or which has an annual gross food sales for the past
two (2) years immediately preceding its application for a license
shall not have been less than one hundred thousand dollars ($100,000.00)
per year from the sale of prepared meals or food consumed on such
premises.
Any person holding a license to sell or to offer to sell
alcoholic beverages to a consumer only.
The sale of any intoxicating liquor, except malt liquor in
the original package, in any quantity less than fifty (50) milliliters
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.
Any building that is regularly used as a public, private
or parochial elementary school, high school, college, university,
professional school, business or secretarial school.
The amount of prepared meals or food consumed on the premises
wherefrom at least fifty percent (50%) of an establishment's
gross income has been derived during the three (3) most recent preceding
calendar months or wherefrom during such period a gross income of
at least two hundred seventy-five thousand dollars ($275,000.00) from
the sale of prepared meals or food consumed on the premises.
Any new resort or establishment having been in operation
for less than ninety (90) days that may be issued a temporary license
to sell intoxicating liquor by the drink at retail for consumption
on the premises for a period not to exceed ninety (90) days if the
resort or restaurant establishment can show a projection of an annual
gross receipts of not less than seventy-five thousand dollars ($75,000.00)
per year with at least fifty thousand dollars ($50,000.00) of such
gross receipts from non-alcoholic sales.
Any person selling alcoholic beverages to wholesalers or
to retailers.
Any beverage manufactured exclusively from grapes, berries
and other fruits and vegetables.
Any person, partnership, association of persons, or corporation
who has procured a manufacturer, wholesaler or solicitor license and
who manufactures in excess of two hundred (200) gallons of wine per
calendar year.
[Ord. No. 2951, 7-3-2018]
A.
It is hereby declared to be unlawful for any person to engage in
the manufacture, brewing, sale or distribution of alcoholic beverages
without first having obtained a liquor license approved by the Board
of Aldermen authorizing such manufacture, brewing, sale or distribution
in compliance with the terms of this Chapter.
B.
A license shall be issued for a period of one (1) year beginning
June 1 of each year. When any applicant shall apply for a license
from the City and the period for which the license shall run shall
be less than twelve (12) months, the license fee shall be as set forth
in the Schedule of Fees adopted by the Board of Aldermen by resolution.
C.
All renewal applications shall be submitted to the Liquor License Officer on the proper forms on or before May 31 of each year. Any false representation made in the application for this license or permit shall be considered a violation of Section 215.560 of the Criminal Code and penalties as prescribed therein shall apply. The Liquor License Officer may approve liquor license renewals without Board of Aldermen approval as long as there have not been any change in facts from the original application.
D.
It shall be unlawful for a person to continue to hold an alcoholic
beverage license when conditions have occurred which would render
the continued use of such license or the licensed premises unlawful
under the provisions of this Chapter and it shall be the duty of the
licensee to surrender the license to the City.
E.
If the Liquor License Officer has reason to believe that any person to whom a license was issued for the current year, or any licensee who has filed a renewal application has discontinued or abandoned the liquor establishment for which said license was issued, said officer may hold a hearing pursuant to Section 600.390 of this Chapter.
[Ord. No. 2951, 7-3-2018]
A.
A person desiring to obtain a liquor license shall meet the following
qualifications:
1.
That such person is in fact to be actively engaged in the actual
control and management of the premises for which the liquor license
is sought.
2.
That such person is at least twenty-one (21) years of age.
3.
That such person is of good moral character; is qualified to
hold an alcoholic beverage license in the State of Missouri; has never
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 alcoholic beverages;
has never had a dealer's license revoked; and is a qualified
legal voter and taxpaying citizen of the County Town, City or Village
of which he/she is a resident.
4.
That such person meets the indebtedness requirements of this
Chapter and is not in arrears to the City for any back taxes or license
fees, nor shall any such person accept directly or indirectly any
loans, equipment, money, credit or property of any kind, except ordinary
commercial credit as such term is defined in the Rules and Regulations
of the Supervisor of Liquor Control of the State of Missouri.
5.
That such person shall have in his/her possession a Certificate
of Occupancy issued by the Community Development Department for the
proposed use of the building to be occupied as the licensed premises,
unless such premises are under construction or undergoing remodeling.
In such case, a copy of the building permit issued for said premises,
and signed by the Director of Community Development, may be submitted
in lieu of a Certificate of Occupancy. The liquor license may be issued
with the understanding that it will be revoked if a Certificate of
Occupancy is not issued within the next one hundred eighty (180) days.
The date of issuance of the liquor license shall be the date of its
approval by the Board of Aldermen. Notice of liquor license revocation
shall be sent to the State of Missouri Bureau of Alcohol, Tobacco
and Firearms. The one-hundred-eighty-day period for issuance of the
Certificate of Occupancy may be extended by action of the Board of
Aldermen.
B.
In making any determination of good moral character, the following
shall be considered:
1.
Penal History. All arrests and convictions, the reasons therefor,
and the demeanor of the applicant subsequent to his/her release.
2.
License History. The license history of the applicant, whether
such person, in previously operating in this or another State or City
under a license of any nature or description, has had such license
revoked or suspended, the reasons therefor, and the demeanor of the
applicant subsequent to such action.
3.
General Personal History. Such other facts relevant to the general
personal history of such individual as deemed necessary to a fair
determination of an individual's character.
4.
That such person is not in arrears to the City for any taxes,
license fees or permit fees.
[Ord. No. 2951, 7-3-2018]
No license provided for in this Chapter shall be issued to any
partnership unless all members of the partnership are persons who
would be eligible for licenses as individuals under the provisions
of this Chapter, and no such license shall be issued to any partnership
and any partner of which has been the holder of a license or permit
that has been revoked.
[Ord. No. 2951, 7-3-2018]
No license provided in this Chapter shall be issued to any corporation
unless the managing officer of such corporation is a person who would
be eligible for a license as an individual under the provisions of
this Chapter.
[Ord. No. 2951, 7-3-2018]
A.
As a condition of the issuance of a license under this Chapter, the
applicant must also procure licenses from the State of Missouri under
the provisions of Chapter 311, RSMo., and the County of Platte. Additionally,
no license shall be issued unless and until there is has been shown
compliance with Title IV, Zoning Code, Title V, Building Code and
all other ordinances of the City.
B.
Each license issued pursuant to this Chapter shall terminate on the
31st day of May of each year, with the exception of a temporary catering
license which shall terminate on the date and time indicated on each
individual license. In no event shall a temporary catering license
terminate later than one hundred twenty (120) consecutive hours after
its time of issuance, in accordance with Section 311.485, RSMo.
[Ord. No. 2951, 7-3-2018]
A.
Filing Of An Application. Each applicant for an original or renewal license shall be filed with the Liquor License Officer on a form to be provided by the City, signed to and sworn by the applicant. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City. Applicants must provide such criminal background reports, as required in Section 600.180, and shall be provided at the expense of the applicant.
B.
Each question in the application shall be considered material to
the issuance of the license and each question in such application
must be answered in full by the person applying for the license.
C.
The written application shall contain the following information:
1.
Name and residential address of the person applying for the
license.
a.
If the application is on behalf of a partnership all names and
residential addresses of the partners of any person who has a financial
interest in the partnership shall be given.
b.
If the application is on behalf of a corporation, the date of
incorporation, the State in which incorporated, the amount of paid-in-capital,
the amount of authorized capital, the names and residential addresses
of the officers and directors and the names and addresses of all stockholders
who hold ten percent (10%) or more of the capital stock shall be given.
c.
The name and residential address of any other persons having
a financial interest in the building must be given also.
2.
The place of birth of the person applying for the license and,
if the person is a naturalized citizen, the date and place of naturalization.
3.
The names and business addresses of the employers of the person
applying for a license for a period of five (5) years prior to the
submission of the application.
4.
Whether or not the person applying for the licenses has ever
been convicted of a felony.
5.
The address of the premises for which a license is sought.
6.
Whether or not the location of the proposed business is within
three hundred (300) feet of a school or church.
7.
The class of license for which the person is applying.
8.
Statement that the applicant will not violate any of the ordinances
of the City, the laws of the State or the laws of the United States
in the conduct of business.
9.
All statements, books, records and papers which the Liquor License
Officer may determine to be necessary to describe the true ownership
and management of the business or in the respects necessary to determine
the qualifications of the applicant for such license.
10.
An affidavit describing the type of business to be conducted
and an inventory and valuation-at-cost prices of goods other than
intoxicating liquor at the proposed place of business.
11.
Whether or not any distiller, wholesaler, wine maker, brewer
or supplier of coin-operated, commercial, manual or mechanical amusement
devices or the employees, officers or agents thereof have any financial
interest in the retail business of the applicant for the sale of alcoholic
beverages or C.O.L., whether or not the applicant, either directly
or indirectly, will borrow or accept from any such person equipment,
money, credit or property of any kind, except ordinary commercial
credit for liquor sold.
12.
A certification from any County Election Board showing the person
applying for the application to be a registered qualified voter of
any County in the State of Missouri and United States of America.
13.
A copy of his or her tax receipt for the year immediately preceding
the date of the application of the County, Town, City or Village where
he or she resides in the State of Missouri; or, if the applicant is
a corporation, a copy of the tax receipt for the year immediately
preceding the date of the application of the managing officer of such
corporation of the County, Town, City or Village in the State of Missouri
where such managing officer resides, or in lieu thereof, an affidavit
of the County or City Assessor wherein such applicant resides or,
if the applicant is a corporation, wherein the managing officer of
such corporation resides, stating therein that the applicant or managing
officer of such corporation, if a corporation, own property for which
he or she is legally subject and liable to taxation in the County,
Town, City or Village where applicant or if a corporation, the managing
officer of applicant, resides in the State of Missouri.
14.
Where application is being made for an original package license
to sell intoxicating liquor at retail an affidavit stating that the
person applying for the license has and at all times keeps 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.
15.
When license is applied for the first time, the person submitting
the application shall furnish a photograph of the exterior of the
premises of the proposed place of business.
D.
Execution By Applicant. Application for a license under this Chapter
shall be made by the individual who is to be, in fact, actively engaged
in the actual control and management of the premises for which said
license is sought.
E.
Liquor License, Application; Penalty For Forfeiture; Due Diligence.
Payment of license fee:
1.
Each application for license referred to herein shall be accompanied
by payment of the respective fee set forth in the Schedule of Fees
adopted by the Board of Aldermen by resolution. Each applicant to
whom a license is issued shall have one hundred twenty (120) days
from the date of issuance thereof to begin operation of such establishment
for business purposes.
2.
In the event such licensee does not open such establishment
for business within the one-hundred-twenty-day time period, such fee
shall be forfeited, and the license issued shall be considered invalid,
null and void and of no effect. Such licensee will then be required
to reapply for said license and comply with all requirements set forth
in this Chapter. The same fee will be charged upon such reapplication,
but the applicant shall not be allowed to reapply for such license
for a period of one (1) year from the original date of issuance.
[Ord. No. 2951, 7-3-2018]
A.
No person shall sell or offer for sale intoxicating liquor in the
City without a currently valid liquor license issued by the City.
A separate liquor license shall be required for each of the categories
and subcategories of liquor sales in which the licensee desires to
engage as set forth herein.
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 within the City:
1.
Package Liquor — Malt Liquor Only Per Section 311.200(2),
RSMo. Authorizes the sale of malt liquor at retail by grocers and
other merchants and dealers for sale in the original package direct
to consumers but not for resale and not for consumption on the premises
where sold. This license may include Sunday sales from 9:00 A.M. to
Midnight.
2.
Package Liquor — Intoxicating Liquor Per Section 311.200(1),
RSMo. Authorizes the sale of all kinds of intoxicating liquors in
the original package at retail not for consumption on the premises
where sold, except to a person engaged in, and to be used in connection
with, the operation of one (1) or more of the following businesses:
a 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 law. This
license allows retailers to operate between the hours of 6:00 A.M.
and 1:30 A.M. on weekdays and Saturdays. A secondary Sunday by the
drink license is required to sell at retail on Sunday.
a.
Any holder of this license must also have an occupation license
for one (1) of the stores shown above.
3.
Liquor By The Drink — Malt Liquor/Light Wine Per Section 311.200(4),
RSMo. Authorizes the licensee to sell beer and light wine by the drink
for consumption on the licensed premises. Allows retailers to operate
between the hours of 6:00 A.M. and 1:30 A.M. on weekdays and Saturdays,
including all election days. A secondary Sunday by the drink license
is required to sell at retail on Sunday.
4.
Microbrewer Per Section 311.195, RSMo. Authorizes the licensee
to manufacture beer and malt liquor in quantities that do not exceed
ten thousand (10,000) barrels per year, in Zone "I-1," "I-2," or "I-3"
only.
a.
The holder of this license may apply for a license to sell beer
and malt liquor, as defined by this Chapter, by the drink at retail
for consumption on the premises or in close proximity.
b.
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 beer and malt liquor by the drink at retail
for consumption on the premises.
c.
The holder of this license may also sell beer and malt liquor
produced on the premises to duly licensed wholesalers; however, holders
of this license shall not, under any circumstances, directly or indirectly,
have any financial interest in any wholesaler's business, and
such sales to wholesalers shall be subject to the restrictions of
Sections 311.181 and 311.182, RSMo.
d.
A microbrewery license may be issued to a business pursuant
to regulations outlined in Title IV of this Code.
e.
A secondary Sunday by the drink license is required to sell
at retail on Sunday.
5.
Resort Licenses Per Section 311.095, RSMo.
a.
This license shall authorize the sale of intoxicating liquor by the drink at retail for consumption on the premises of a resort as that term is defined in Section 311.095, RSMo., and in Section 600.010 of this Chapter. This license shall also allow sale of intoxicating liquor in the original package for consumption off the premises, sale of malt liquor by the drink for consumption on the premises and sale of malt liquor in the original package for consumption off the premises. Any holder of this license must also have a restaurant license.
b.
Temporary Resort License Per Section 311.095(4), RSMo.
This license shall authorize the sale of intoxicating liquor, as defined
in Chapter 311, RSMo., as amended, by the drink at retail for consumption
on the premises of a resort. This license shall also allow sale of
intoxicating liquor in the original package for consumption off the
premises, sale of malt liquor by the drink for consumption on the
premises and sale of malt liquor in the original package for consumption
off the premises. This license is limited to new restaurants having
been in operation for less than ninety (90) days. Applicants must
show a projection of annual gross receipts of not less than seventy-five
thousand dollars ($75,000.00) per year with at least fifty thousand
dollars ($50,000.00) from non-alcoholic sales. Application for renewal
shall be made before the end of the three-month period. The Liquor
License Officer shall contact the Missouri State Department of Liquor
Control for its findings. Absent negative reports from that agency,
and unless a request for further review by the Board of Aldermen has
been filed, in writing, with the Liquor License Officer, the license,
upon payment of the balance of fees owing, shall be automatically
renewed for the balance of the fiscal year.
6.
Picnic License Per Section 311.482, RSMo. A retail liquor
by the drink (picnic — seven (7) days, includes spirits, wine
and beer) permit may be issued to any church, school, civic, service,
fraternal, veteran, political or charitable club or organization for
the sale of such intoxicating liquor for consumption on the premises
at a picnic, bazaar, fair, or similar gathering. The permit shall
be issued only for the day or days named therein and shall not authorize
the sale of intoxicating liquor for more than seven (7) days by any
such club or organization. This permit does allow for sales in the
original package for consumption off the premises. In addition, the
picnic license does allow any wholesaler to provide customary storage,
cooling and/or dispensing equipment for use by the license holder
at such picnic, bazaar, fair or similar gathering Section 311.482.5, RSMo.
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.
and ending at midnight.
7.
Retail By Drink Boat License Per Section 311.091, RSMo.
This license allows retailers who have a boat or vessel that has been
certified by the United States Coast Guard to carry thirty (30) or
more passengers for hire to apply for a license to sell intoxicating
liquor by the drink at retail for consumption on a boat.
8.
Wholesaler, As Defined By Section 311.180(9), RSMo. This
license authorizes the wholesale sale of intoxicating liquor of all
kinds, as set forth in Section 311.180(9), RSMo.
9.
Retailer Of Intoxicating Liquor By The Drink, Limited To Distillers
And Microbreweries Per Section 311.070.1, RSMo. This license
is limited to a distiller whose manufacturing establishment is located
within the City and allows for the sale of intoxicating liquor, as
in this Chapter defined, by the drink at retail for consumption on
the premises where sold, provided the licensed premises is in close
proximity to the distillery. The premises may remain open between
the hours of 6:00 A.M. and 1:30 A.M., Monday through Saturday, and
between the hours of 9:00 A.M. and Midnight Sunday. Any holder of
this license must also have a wholesaler license.
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 may apply for the following licenses
to sell intoxicating liquor or non-intoxicating beer on Sundays between
the hours of 9:00 A.M. and Midnight.
1.
Package Liquor — Malt Liquor. Sales of malt liquor in
the original package at retail, not for consumption on the premises
where sold.
2.
Package Liquor — Intoxicating Liquor. Sales of intoxicating
liquor in the original package at retail, not for consumption on the
premises where sold.
3.
Microbrewery. Sales by the drink for consumption on the premises
where sold.
4.
Resort And Temporary Resort. Sales of intoxicating liquor by
the drink for consumption on the premises where sold.
5.
By The Drink — Limited To Distillers. Sales of intoxicating
liquor by the drink by distillers for consumption on the premises
where sold.
D.
Permits. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsection (B)(2) and (C) of this Subsection may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
1.
The Board of Aldermen hereby authorizes the Liquor License Officer its authority under Section 600.030 to approve liquor license permits associated with a primary liquor license approved by the Board of Aldermen.
2.
Tasting Permit — Winery, Distillery, Manufacturer, Etc.
License Per Section 311.294, RSMo.
a.
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 Section, a "sales transaction" shall mean an actual and immediate
exchange of monetary consideration for the immediate delivery of goods
at the tasting site.
b.
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 Sections 311.218,
311.482, 311.485, 311.486, or 311-487, RSMo., or on any tax-exempt
organization's licensed premises as described in Section 311.090,
RSMo.
c.
Any winery, distiller, manufacturer, wholesaler, or brewer may
provide or furnish distilled spirits, wine or malt beverage samples
on a licensed retail premises — when.
(1)
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 311.294, RSMo., 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.
(2)
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.
(3)
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.
3.
Retail By Drink Caterer's License Per Section 311.485, RSMo.
Authorizes 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
to sell intoxicating liquor by the drink at retail for consumption
on the premises and in the original package for consumption off the
premises for a specific period of time.
a.
Each event shall be considered separately and application for
each shall be made to the Liquor License Officer.
b.
The license binds the licensee to the same rules applicable
to holders of other liquor licenses within the City and to the liquor
laws of the State.
|
The caterer's permit can be effective for up to one hundred
sixty-eight (168) consecutive hours or seven (7) days. If the event
lasts past Midnight, the licensee must also apply and pay the fee
for the next day.
|
[Ord. No. 2951, 7-3-2018]
A.
Any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Section 600.090 may sell from thirty-two (32) fluid ounces to one hundred twenty-eight (128) fluid ounces of draft beer to customers in containers filled by any employee of the licensee on the premises for consumption off-premises. Any employee of the licensee shall be at lease twenty-one (21) years of age to fill containers with draft beer.
B.
Labeling Of Containers.
1.
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale, lager, bock, stout or other
brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business that filled or refilled the
container;
f.
Date of fill or refill;
g.
The following statement, "This product may be unfiltered and
unpasteurized. Keep refrigerated at all times."
C.
Miscellaneous Regulations.
1.
The filling and refilling of containers shall only occur on
demand by a customer and containers shall not be prefilled by the
retailer or its employee.
2.
Containers shall only be filled or refilled from the bottom
of the container to the top with a tube that is attached to the malt
beverage faucet and extends to the bottom of the container or with
a commercial filling machine.
3.
When not in use, tubes to fill or refill shall be immersed and
stored in a container with liquid food-grade sanitizer.
4.
Containers shall be filled or refilled as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection (C) of this Section, and:
(1)
Food grade sanitizer shall be used in accordance
with the Environmental Protection Agency registered label use instructions;
(2)
A container of liquid food-grade sanitizer shall
be maintained for no more than ten (10) malt beverage taps that will
be used for filling and refilling containers;
(3)
Each container shall contain no less than five
(5) tubes that will be used only for filling and refilling containers;
(4)
The container shall be inspected visually for contamination;
(5)
After each filling or refilling of the container,
the tub shall be immersed in the container with liquid food-grade
sanitizer; and
(6)
A different tube from the container shall be used
for each filling and refilling of a container.
b.
Containers shall be filled or refilled with a contamination-free
process and:
[Ord. No. 2951, 7-3-2018]
The fees, as set forth in the Schedule of Fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, are required to be paid to the City before a liquor license will be issued.
[Ord. No. 2951, 7-3-2018]
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 or part thereof shall
be made.
[Ord. No. 2951, 7-3-2018]
A.
The number of licenses issued for the sale of liquor by the City
shall be limited as set forth below:
1.
Malt Liquor In The Original Package. There shall be a limit
of one (1) license for each two thousand (2,000) people or a fraction
thereof within the corporate limits of the City.
2.
Intoxicating Liquor In The Original Package. There shall be
a limit of two (2) licenses for each one thousand (1,000) people or
fraction thereof within the corporate limits of the City.
B.
In the event the maximum number of licenses have been issued, the
Board of Aldermen may, by resolution, approve additional licenses.
[Ord. No. 2951, 7-3-2018]
A.
The number of licenses allowed, as shown in Section 600.110, indicates the number of residents, or major fraction thereof, within the City which are required for the issuance of one (1) license.
B.
The determination of the population of the City for the purpose of issuance of liquor licenses shall be the most recent decennial census conducted by United States Census Bureau. The Board of Aldermen in its discretion may, by resolution approved by the Board of Aldermen, increase or decrease the number of licenses to be issued under Section 600.110 based on the most recent annual census estimate by the United States Census Bureau.
C.
When the Liquor License Officer finds that the population of the
City has declined, and the number of licenses allowed in any category
will decrease on account of such population decline, current license
holders will be eligible for renewal of their license as long as they
continue in business in compliance with all provisions of this Chapter.
The business must be operating under a current and valid license on
the effective date of the Board of Aldermen action setting the City's
population and continue in active operation in order to maintain their
protected status.
[Ord. No. 2951, 7-3-2018]
A.
The Liquor License Officer shall exercise all powers as they relate
to the administration of this Chapter, with respect to the processing
of applications for liquor licenses; and it shall be his/her duty
to:
1.
Prescribe all forms of applications, licenses and permits in
compliance with the provisions of this Chapter and such other forms
as are necessary to carry out the provisions of this Chapter.
2.
Process and review all liquor license applications.
3.
Keep a record of all liquor licenses and permits issued to applicants,
and of the suspension and revocation thereof.
4.
Investigate and determine the eligibility of any applicant for
a liquor license as described in this Chapter and shall submit all
applications for new liquor licenses to the Board of Aldermen for
their approval.
5.
Notify any applicant of the acceptance or rejection of his/her
application.
6.
Make sure reasonable rules, regulations, orders and directions
as may be necessary and feasible for carrying out the duties of his/her
office and as are not inconsistent with the provisions of this Chapter.
7.
Recommend the approval or disapproval of license applications
to the Board of Aldermen in accordance with the provisions of this
Chapter.
8.
Examine the books, records and papers of any applicant or licensee
for a license or renewal thereof when reasonably necessary to determine
the eligibility of the person applying for a license or a license
renewal, or to determine that the provisions of this Chapter have
been fully complied with by such applicant or licensee.
[Ord. No. 2951, 7-3-2018]
A.
It shall be the duty of the Chief of Police to:
B.
The Chief of Police and the employees he/she may designate shall
have the authority to:
1.
Make arrests and to serve any process connected with the enforcement
of this Chapter; provided, however, that said designated employees
carry credentials showing their authority.
2.
Seize any and all objects that may appear to be in violation
of any provision of this Chapter and hold in custody such objects
as evidence until any matter pertaining thereto is finally adjudicated.
Upon such seizure, a receipt shall be issued to whom the objects were
seized from and upon demand, if not forfeited, such objects shall
be returned to their lawful owner.
3.
Notwithstanding any other provisions of this Chapter, the Chief
of Police shall have power to close for a period not to exceed twenty-four
(24) hours any premises that shall be in the immediate area to a mob,
riot, strike or any type of violence, actual or probable; provided,
however, that he/she shall not close such place under such circumstances
without advising at the earliest possible moment the Mayor and the
Board of Aldermen; and provided further that the Chief of Police shall
not close such place for two (2) or more consecutive twenty-four-hour
periods without approval of the Mayor, acting under the emergency
police powers of the City.
4.
Inspect the premises of any licensee including all rooms, cellars,
outbuildings and yards used in connection with the operation of the
business at any reasonable time, without warrant, and the acceptance
of the license by the licensee under this Chapter shall be construed
as a waiver by the licensee of any constitutional provisions concerning
search and seizure.
[Ord. No. 2951, 7-3-2018]
The Chief of Police and the Liquor License Officer and their
appointees, agents, assistants and inspectors administering and enforcing
the provisions of this Chapter shall not have any interest in (directly
or indirectly, either proprietary or by means of loan, mortgage or
other lien, either for their own benefit or in a fiduciary capacity
or any other manner) the premises where any alcoholic beverage is
distilled, brewed, manufactured or sold, nor shall they have any interest
in any business wholly or partially devoted to or engaged in or dealing
in alcoholic beverages, either as owners, part owners, partnership,
members of syndicate, shareholders of a corporation, agents or employees,
either for their benefit or in a fiduciary capacity. The Chief of
Police and the Liquor License Officer and their appointees, agents,
assistants or inspectors shall not accept any compensation, reward
or gift other than a designated salary and expenses as provided by
the City.
[Ord. No. 2951, 7-3-2018]
All applicants shall, by signing the application form, consent to an investigation of the record of the applicant with reference to convictions of crimes. All applicants shall be required to provide a copy of a criminal background check issued by the Missouri Highway Patrol within twenty (20) days of the time of application, but in any event before the activity occurs that demonstrates the qualification of the applicant under Section 600.040 of this Chapter.
[Ord. No. 2951, 7-3-2018]
A.
The Board of Aldermen shall approve all applications for a primary
license as provided by this Chapter.
B.
The Board of Aldermen delegates to the Liquor License Officer its
authority to approve liquor license permits associated with primary
liquor licenses that have been approved by the Board of Aldermen.
C.
The person applying for the license and other interested persons
may appear before the Board of Aldermen and testify in support of
or against the issuance of the license.
D.
A license may be approved or denied by the Board of Aldermen at the
meeting at which it is presented, or may be postponed for further
consideration at a later meeting.
[Ord. No. 2951, 7-3-2018]
A.
A license issued under authority of this Chapter, a duplicate of
which shall be retained in the records of the Liquor License Officer,
shall contain the following information.
1.
Legal name and any other name of the business under who said
license is issued.
2.
The class of license.
3.
The address of the premises so licensed.
4.
The name of the person to whom the license is issued.
5.
License number assigned by the Liquor License Officer.
6.
Date of issuance.
7.
Date of expiration.
8.
Signature of Mayor and Liquor License Officer.
9.
The Seal of the City.
10.
Any other information as the Liquor License Officer deems necessary.
[Ord. No. 2951, 7-3-2018]
A.
Supplemental Reports. The person to whom the license is issued shall
file a supplemental report with the Liquor License Officer within
fifteen (15) days of any loan made to him/her of money or credit relating
to the licensed business.
B.
Change Of Facts. A license shall permit the sale of alcoholic beverages
only on the premises described in the application and license. If
during the period for which a license is issued there is a change
of facts or information differing from that set forth in the original
application or any renewal application on file with the Liquor License
Officer, written notice thereof must be given to the Liquor License
Officer within ten (10) days by the licensee. Such location may be
changed only upon the expressed approval of the Board of Aldermen.
[Ord. No. 2951, 7-3-2018]
A.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
B.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
C.
Regularly licensed drug stores may be lawfully in possession of intoxicating
liquor to be used in connection with the business of a druggist in
compounding medicines or as a solvent or preservant without being
subject to the provisions of this Chapter; provided, however, that
any druggist or drug store operator desiring to sell intoxicating
liquors, either for consumption on the premises or in the original
package not to be consumed on the premises, shall procure the proper
license thereof and be in all matters subject to the provisions of
this Chapter relating to the location, licenses to be purchased and
hours at which such intoxicating liquor may be sold.
[Ord. No. 2951, 7-3-2018]
Where this authorizes the sale of alcoholic beverages by the
drink and licenses are held by restaurants, clubs or hotels, this
Chapter shall apply to all rooms in which intoxicating liquors are
dispensed or consumed.
[Ord. No. 2951, 7-3-2018]
A.
No license issued under this Chapter shall be transferable or assignable
except as herein provided:
1.
Death Of A Licensee Under Unexpired License. In the event of
the death of a person holding a license, the widow or the widower
or the next of kin of such deceased licensee, who shall meet the other
requirements of this Chapter, may make application and the Liquor
License Officer may transfer such license to permit the operation
of the business of the deceased for the remainder of the period for
which the license is valid, and it shall not be necessary for such
relative to secure a new license until the expiration of the license
issued to the deceased licensee.
2.
Change In Location. In the event any licensee desires to change
the location of his/her place of business in the City, it shall be
necessary for him/her to file an application in the same manner as
herein provided for an original application, except that no additional
fee shall be charged and the amended license, describing the new location,
shall be issued immediately upon the approval of the application by
the Board of Aldermen. Any change of location of the enterprise prior
to issuance of such an amended license shall constitute a violation
of this Section.
3.
Whenever one (1) or more members of a partnership withdraws
from the partnership, the Liquor License Officer, upon being requested,
shall permit the remaining partner or partners originally licensed
to continue to operate for the remainder of the licensing period for
which the license fee has been paid without obtaining a new license.
4.
Expansion Of Existing License. A license may, subject to the
approval of the Board of Aldermen, be expanded to encompass a larger
area of the existing licensed premises if the area sought to be licensed
meets the requirements of this Chapter.
5.
The application for permission to transfer or expand the license
must be submitted, in writing, to the Liquor License Officer, with
approval by the Board of Aldermen, as set forth:
a.
Name and address of the person holding license.
b.
Street address and legal description of the premises to which
removal is sought, together with the name and address of the owner
of the property and the name of any person having a leasehold or interest
therein as landlord or tenant.
c.
The application must be accompanied by an affidavit by such
person that he/she has not since the license was granted violated
any provisions of this Chapter.
[Ord. No. 2951, 7-3-2018]
When a person holding a liquor license obtains a buyer or lessee
for the establishment for which the license was issued, said buyer
or lessee shall be given prior consideration for a license provided
said buyer or lessee meets the qualifications set forth in this Chapter,
pays the necessary fees and is approved for said license in accordance
with the requirements of this Chapter.
[Ord. No. 2951, 7-3-2018]
A.
Whenever a license is lost or destroyed, a duplicate license will
be issued by the City.
[Ord. No. 2951, 7-3-2018]
A.
No person having a license under this Chapter, 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. Sunday and 6:00 A.M.
Monday, upon or about his/her premises. 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.
B.
During the hours set forth in this Chapter prohibiting the sale of
alcoholic beverages, the licensee shall cause any display of alcoholic
beverages in the establishment or store to be covered from the view
of customers and patrons of said establishment or store.
C.
When December 31st falls on Sunday, any person having a license to
sell alcoholic beverages 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 after 1:00 P.M. and until the time which would
be lawful on another day of the week.
D.
Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the following licenses may sell such alcoholic
beverage as authorized by their license between the hours of 9:00
A.M. and Midnight on Sundays:
[Ord. No. 2951, 7-3-2018]
A.
Distance From Public Schools. No license shall be granted for the
sale of alcoholic beverages within three hundred (300) feet of any
school, measured from the nearest of the enclosing wall of the premises
to the nearest point of the public school building, except that this
prohibition shall not apply when a public school should move within
three hundred (300) feet of an existing licensed premises.
B.
Distance From Churches Or Places Of Worship. No license shall be
granted for the sale of alcoholic beverages within three hundred (300)
feet of any church or other building regularly used as a place of
religious worship, measured from the nearest of the enclosing wall
of the premises to the nearest point of the church or place of worship
building, except that this prohibition shall not apply when a church
or place of worship should move within three hundred (300) feet of
an existing licensed premises.
1.
Prior to the Board of Aldermen granting consent for any license
for sale of alcoholic beverages within three hundred (300) feet of
any church or other building regularly used as a place of religious
worship, at least ten (10) days' written notice shall be provided,
at the applicant's expense, to all owners of property within
three hundred (300) feet of the proposed licensed premises.
2.
In no case shall any license be granted for the sale of alcoholic
beverages within one hundred (100) feet of any church or other building
regularly used as a place of religious worship per Section 311.080,
RSMo.
3.
When a school, church or other building regularly used as a
place of religious worship is established within three hundred (300)
feet of any licensed premises, a renewal of the liquor license shall
not be denied the licensee for this reason.
C.
Discretion. In passing upon any application for a license under this
Chapter, the Board of Aldermen shall have the authority to take into
consideration the location of the proposed business and the density
of alcoholic beverage licenses in the area for which a license is
sought and shall have authority to refuse to grant such license when
in its judgment such issuance shall not be in the best interest of
the City.
[Ord. No. 2951, 7-3-2018]
A.
No licensee shall allow upon the licensed premises any gambling of
any kind or character whatsoever in which the one who plays stands
to win or lose money, trade checks, prizes, merchandise or any other
consideration whatsoever.
B.
No licensee or permittee shall have any gambling devices upon the
licensed premised whereby money, trade checks, prizes, merchandise,
property or any other consideration whatsoever may be won or lost.
[Ord. No. 2951, 7-3-2018]
A.
No licensee or permittee shall allow in or upon the licensed premises
any improper disturbances, lewdness, immoral activities, brawls or
any indecent, profane or obscene language, songs, entertainment, literature
or advertising material, nor shall any licensee cause to have printed
or distributed any lewd, immoral, indecent or obscene literature or
advertising material.
B.
No retail licensee shall allow any person to appear on the licensed
premises in a condition where either or both of the breasts, or pelvic
area or the buttocks are not covered with opaque clothing. No dancing
will be allowed on any surface where food or drinks are served. No
person shall perform an erotic or lewd dance or strip tease in the
licensed premises.
[Ord. No. 2951, 7-3-2018]
No licensee shall employ or allow the loitering upon or about
the licensed premises of any police character, convicted felon, or
other person convicted for prostitution or use or sale of drugs.
[Ord. No. 2951, 7-3-2018]
Licensees are at all times responsible for the conduct of their
business and are at all times directly responsible for any act or
conduct of any employee on the premises that is in violation of the
intoxicating liquor laws or the non-intoxicating beer laws of the
State of Missouri and the provisions of this Chapter.
[Ord. No. 2951, 7-3-2018]
Retail licensees shall keep the premises covered by such licenses
clean and sanitary, as provided in the Municipal Code. No license
shall be issued under this Chapter until the Platte County Health
Department has inspected and forwarded approval of the premises to
the Liquor License Officer.
[Ord. No. 2951, 7-3-2018]
No licensee holding a license for the retail sale of malt liquor
by the drink or for the sale of non-intoxicating beer by the drink
shall knowingly sell, give away or serve upon the premises described
in said license any glass, ice, water, soda water, phosphates or any
other kinds of liquids to be used for the purpose of mixing intoxicating
drinks and commonly referred to as "set-ups"; nor shall any such licensee
suffer any person while in or upon the premises covered by such license
to possess or consume intoxicating liquor or pour into, mix with or
add intoxicating liquor to water, soda water, ginger ale, seltzer
or other liquid. Sales and consumption of intoxicating liquor, malt
liquor and non-intoxicating beer shall be allowed only upon premises
as licensed in this Chapter.
[Ord. No. 2951, 7-3-2018]
No person shall sell or supply alcoholic beverages to any person
who is under or apparently under the influence of alcoholic beverages
or drugs.
[Ord. No. 2951, 7-3-2018]
A.
Persons Eighteen (18) Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, 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 carry-out 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.
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.
4.
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.
B.
Sales To Minors — Exceptions.
1.
No licensee, his/her employee, or any other person shall procure
for, 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, except that this Section shall not apply to the parent
or guardian of the minor nor 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 such 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 while 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/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit, or an employee thereof; and
b.
The defendant sold the intoxicating liquor to the minor with
reasonable cause to believe that the minor was twenty-one (21) 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 Or I.D. 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 chauffer's license, motor vehicle operator's license, identification card issued by a 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.
[Ord. No. 2951, 7-3-2018]
[Ord. No. 2951, 7-3-2018]
Any person operating a liquor business outside the limits of
the City, in an area that has been annexed by the City, shall be eligible
for a City liquor license for which the business qualifies at the
time the annexation occurs. The operator shall apply for a City liquor
license pursuant to this Chapter.
[Ord. No. 2951, 7-3-2018]
A.
The Board of Aldermen may suspend or revoke the license of any person for cause shown. In such cases the Liquor License Officer shall schedule a hearing before the Board of Aldermen not less than ten (10) days prior to the effective date of the revocation or suspension, and prior to the hearing the Liquor License Officer shall give not less than five (5) days' written notice 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 accompanied by personal delivery, U.S. Mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.390 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 this Chapter, Chapter 311
of the Revised Statutes of Missouri, or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor
of Liquor 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;
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 licensed premises;
c.
A habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor; and
d.
Any person on the licensed premises during a term of suspension
as ordered by the Board of Aldermen or the Liquor License Officer.
8.
The licensed premises have been discontinued, abandoned or failed to open for business as set forth in Section 600.030(E) herein.
C.
Automatic Suspension Or Revocation. 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 of the Revised
Statutes of Missouri. 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 imposed by the State.
D.
A separate offense shall be deemed committed each day the license
holder continues to do business after a license suspension or revocation.
E.
Effect Of Revocation Or Suspension. No person whose license shall
have been suspended by order of the Board of Aldermen shall sell or
give away any intoxicating liquor during the time such suspension
is in effect. Any licensee desiring to keep the premises open for
the sale of food or merchandise during the period of suspension shall
display the Board of Aldermen'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. 2951, 7-3-2018]
A.
Notification. The licensee shall be given not less than ten (10)
days' written notice prior to the hearing. The notice shall set
out the reasons for which the hearing is called and shall command
the person holding the license to be present at such hearing and show
cause, if any, why such license should not be suspended or revoked.
Such notice shall be served by a Police Officer and may be served
upon the licensee by leaving a copy thereof with the licensee, or
with a person or employee in charge of the place of business of said
licensee, or by mailing said notice by certified or registered mail
to the licensee at his/her last known business or residence address
or by posting a copy of said notice on the licensed premises.
B.
Procedure. Hearings shall be held before the Board of Aldermen. The
licensee shall have full right to have counsel, produce witnesses
and cross-examine all witnesses who may appear against him/her. The
licensee shall have the right to take record of all proceedings in
such hearings. Such hearings shall be transcribed whenever required
by law. Subpoenas may be issued for any witness whose testimony is
desired at any hearing or proceeding before the Board of Aldermen
to suspend or revoke a license, and such subpoenas may be served by
any designated member of the Parkville Police Department. Such subpoena
shall be served and returns thereon shall be made in the same manner
as provided by law for the service of subpoenas in civil suits in
the Circuit Court of this State. The Board of Aldermen may also issue
subpoenas duces tecum requiring the production of documents or other
items pertaining to the subject of the inquiry. Witnesses may also
appear voluntarily at such hearings and testify.
C.
Decision — Suspension Or Revocation. If the evidence supports
a finding that the license should be revoked or suspended pursuant
to this Chapter, the Board of Aldermen shall issue a written order
that 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.
D.
Appeal. Any applicant or licensee aggrieved by a decision of the
Board of Aldermen may appeal such decision to the Circuit Court as
provided in Chapter 536, RSMo., provided such appeal is filed within
thirty (30) days of the date of the Board of Aldermen's decision.
The Board of Aldermen may delay the implementation of its order pending
appeal.
[Ord. No. 2951, 7-3-2018]
A.
The Liquor License Officer shall see that this Chapter is fully complied
with and advise the City Prosecutor to file complaints against all
persons known to be violating this Chapter.
B.
Inspections.
1.
Persons Authorized. The Liquor License Officer, or his/her designee,
and Police Officers are authorized to conduct investigations to enforce
this Chapter.
2.
Authority Of Inspectors. All persons authorized to make investigations shall have the authority to enter the premises for which a license is required at all reasonable times. If any party refuses to allow the inspection of a premises for which a license is required, the Liquor License Officer may request law enforcement to apply for a search warrant pursuant to Chapter 145.
3.
Reports By Inspectors. Persons making investigations or inspections
as herein authorized shall report violations to the Liquor License
Officer and shall submit such other reports as requested.
4.
Operating A Business Without A License. When a person is operating
a business without a valid business license or is operating such business
when the license has been revoked or suspended, the Liquor License
Officer may cause such person to be summoned into Municipal Court.
C.
Order. When a licensee has violated any law or ordinance affecting the conduct of business within the City, other than failure to have a valid business license, the Liquor License Officer may issue an order which directs the offending person to cease and desist from the violation and to comply with the law or ordinance. When a licensee has failed to comply with an order of the Liquor License Officer or when the licensee has failed to operate the business properly as required by this Code, the Liquor License Officer may issue an order suspending or revoking the business license per Section 605.200.
[Ord. No. 2951, 7-3-2018]
Any person found guilty of violating any of the provisions of
this Chapter shall be fined not more than five hundred dollars ($500.00)
or imprisonment for not more than ninety (90) days, or both, provided
that upon final conviction of any person for a violation of any of
the provisions of the Chapter, said conviction shall automatically
revoke the license hereunder issued to such person, and provided,
further, that the terms of conviction as herein used shall mean conviction
upon final determination of any prosecution of any violations of this
Chapter, and provided, further, that no person having been convicted
of the violation of any of the provisions of this Chapter shall be
issued a license or renewal thereof for a period of one (1) year from
the date of said conviction. Upon conviction of any person under the
provisions of this Chapter, it shall be the duty of the Judge of the
Municipal Court to certify such conviction to the Liquor License Officer
and/or Chief of Police. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
