[R.O. 1996 § 600.010; Ord. No. 2463, 4-22-2019[1]; Ord. No. 2561, 11-8-2021]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ADJACENT PROPERTY
Parcels of ground having a common property line, except that any intervening street, alley, highway or other public highway or other public thoroughfare shall be disregarded.
ALCOHOLIC BEVERAGE
Any malt liquor (beer), wine or intoxicating liquor.
CHIEF OF POLICE
The Chief of Police of the City of Grain Valley, Missouri, or his/her duly authorized representative.
CHURCH
A building or structure regularly and primarily used as a place of worship by any religious society, organization or congregation, regardless of whether or not such building or structure was originally designed and constructed for such purpose.
CLOSED PLACE
A place where all entrances are locked and where no patrons are in the place or about the premises.
COCKTAIL LOUNGE/BAR
A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, breweries, wineries and similar uses other than a restaurant as that term is defined in this Section.
CONVENIENCE STORE
A retailer selling intoxicating liquors, in the original package, not to be opened or consumed on the premises where sold, with a total selling area for all merchandise of at least two thousand (2,000) square feet, at least seventy-five percent (75%) of which is devoted to the sale of food or other merchandise other than intoxicating liquor.
DWELLING UNIT
One (1) or more habitable rooms that are occupied or are intended or designed to be occupied by one (1) family for living, sleeping, cooking and eating.
EMPLOYEE IDENTIFICATION FORM
The form maintained by the Police Department which identifies all persons employed by a for-sale-by-drink license holder.
EMPLOYEE PERMIT CARD
The permit card approved by the Police Department which allows a person to be employed by an establishment that sells, dispenses, serves, or delivers alcoholic beverages by the drink.
FRONTS
The part of the building or structure where the principal entrance of the building or structure affording access to the premises for the public opens upon the street.
INTOXICATING LIQUOR
Includes alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, 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 alcoholic content in excess of one-half of one percent (0.5%) by volume.
LICENSEE
The holder of any license issued under the provisions of this Chapter.
LIQUOR LICENSE
The license that every person must obtain from the Board of Aldermen or City designee for Classes C and I before engaging in a new business of manufacturing, distilling, brewing, distributing or selling at wholesale or retail any alcoholic beverages in the City. A renewal of such license shall be considered upon receipt of a completed renewal application. The Chief of Police shall review each application and provide a recommendation to the Board of Aldermen regarding approval or denial of said application.
MALT LIQUOR
Any beer manufactured from pure hops or pure extract of hops and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water and free from all harmful substances, preservatives and adulterants.
MANAGING OFFICER
The person who is in active management, as designated by the corporation, and control of the premises who is eligible as an individual to receive a license for the sale of alcoholic beverages and who is a qualified voter of the State.
ORIGINAL PACKAGE
1. 
For malt liquor, any package in the manufacturer's original container(s) of malt liquor.
2. 
For intoxicating liquor, any quantity in the manufacturer's original container.
PERMITTEE
The holder of a permit issued under the provisions of this Chapter.
PERSON
Includes any individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal Court.
PREMISES
The bounds of the enclosure where alcoholic beverages are sold or consumed.
RESTAURANT/BAR
An establishment having a restaurant or similar facility on the premises, at least fifty percent (50%) of the gross annual income of which is derived from the sale of prepared food or meals consumed on premises.
RETAILER
Any person engaged in the business of selling alcoholic beverages directly to the ultimate consumer at retail.
SCHOOL
Any building that is regularly used as a public, private or parochial, elementary, middle or high school, college or university.
SUBSTANTIAL QUANTITIES OF FOOD
The amount of prepared meals or food consumed on the premises, the sale of which accounts for at least fifty percent (50%) of an establishment's gross income as derived during the three (3) most recent preceding calendar months.
WINE
Any beverage manufactured exclusively from grapes, berries and other fruits and vegetables.
[1]
Editor's Note: This ordinance also replaced former Ch. 600, Alcoholic Beverages, adopted 6-27-2005 by Ord. No. 1768 § 1, as amended.
[R.O. 1996 § 600.020; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
A. 
The Chief of Police shall exercise all powers as they relate to this Chapter. It shall be his/her duty to:
1. 
Investigate, process and approve new applications for liquor license, presenting all required and requested information to the Board of Aldermen for its final approval prior to issuance of said license. Disapproval for such license by the Chief of Police shall also be presented to the Board of Aldermen for its final disposition.
2. 
Work in partnership with the City Clerk to maintain and keep a file on each liquor license to include subsequent renewals and other information and/or correspondence as may apply to that license holder, including copies of any police reports of alleged liquor violations or complaints of same by others.
3. 
Make all reasonable rules, regulations, orders and directions as may be necessary and feasible for carrying out the duties of his/her office, not inconsistent with the provisions of this Chapter.
4. 
Examine the books and records of any applicant or licensee when reasonably necessary to determine the eligibility of the person applying for a license or renewal license or to determine that the provisions of this Chapter have been fully complied with by such applicant or licensee.
5. 
Inspect and the licensee shall allow inspection of any licensed premises, without warrant, the licensee having accepted the license and thereby construed as waiving any constitutional provisions concerning search and seizure under this Chapter and all portions of the building or property, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics and all buildings used in connection with the operations carried on under said license, and which are in his/her possession or under his/her control, and all places where liquor is kept or stored and to seize any and all objects which may appear to be in violation of any provisions 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 given and, upon demand, if not forfeited, objects shall be returned to their lawful owner after the matter is finally adjudicated, unless same are found to be contraband. If such objects are not claimed by their lawful owner within ninety (90) days after final adjudication, they shall be deemed forfeited. The Chief of Police shall present to the proper court of law a list of the seized objects for a determination whether the objects seized are contraband. If such objects are not claimed by their lawful owner within ninety (90) days after final adjudication, they shall be deemed forfeited. If such objects seized are found to be contraband, they shall remain in the custody of the Chief of Police. All contraband and unclaimed objects shall be sold by the Chief of Police at auction.
6. 
Make arrests and serve any process connected with the enforcement of this Chapter.
[R.O. 1996 § 600.030; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
The Chief of Police or his/her appointees enforcing the provisions of this Chapter shall not have any interest (directly or indirectly, either by proprietary or by means of any loan, mortgage or other lien, either for their own benefit or in a fiduciary capacity or any other manner) in the premises where any alcohol or intoxicating liquor license exists within the City limits of Grain Valley, Missouri.
[R.O. 1996 § 600.040; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
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 the premises any alcoholic beverages in any quantity between the hours of 1:30 A.M. (or 3:00 A.M. for Class L licenses) and 6:00 A.M. seven (7) days a week. 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 Chapter between the hours of 1:30 A.M. and 6:00 A.M. daily.
B. 
Daylight saving time shall not increase or decrease the hours of operation of any licensed premises.
[R.O. 1996 § 600.045; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
When January 1, March 17, July 4 or December 31 falls on a 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 the existing license on that day during all times otherwise allowable pursuant to said license and notwithstanding any provisions of Chapter 600 or any other provision of law to the contrary.
[R.O. 1996 § 600.050; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
It shall be unlawful for a licensee authorized by this Chapter to sell alcoholic beverages at retail by the drink for consumption on the premises where sold to keep or allow any other person to keep in or upon the premises described in such license any alcoholic beverage other than the kind expressly authorized to be sold by such license.
[R.O. 1996 § 600.060; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
Licensees are at all times responsible for the conduct of their business and 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 of the State, the regulations of the Chief of Police and the provisions of this Chapter.
[R.O. 1996 § 600.070; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
Retail licensees shall keep the premises covered by such licenses clean and sanitary as provided in this Code of the City of Grain Valley. No license shall be issued under this Chapter until the County Health Officer or his/her assignee has inspected and forwarded his/her approval of the premises to the Chief of Police.
[R.O. 1996 § 600.080; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
No permittee or licensee holding a permit or license for the retail sale of malt liquor by the drink shall knowingly sell, give away or serve upon the premises described in such 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 "setups"; 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 to pour into, mix with or add intoxicating liquor to water, soda water, ginger ale, seltzer or other liquid. Sales and consumption of intoxicating liquor and malt liquor shall be allowed only upon premises as licensed in this Chapter.
[R.O. 1996 § 600.090; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
No person shall sell or supply alcoholic beverages or permit the same to be sold or supplied to a habitual drunkard or any person who is under or apparently under the influence of alcoholic beverages.
A. 
Persons 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.
4. 
Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to:
a. 
Rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor; and
b. 
Unload delivery vehicles and transfer intoxicating liquor into retail licensed premises if such persons are supervised by a delivery vehicle driver who is twenty-one (21) years of age or older.
5. 
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 Minor — 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;
b. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
C. 
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or 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 chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. 
Minors In Possession Of Intoxicating Liquor.
1. 
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood.
2. 
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 in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person.
a. 
"Full information" is limited to the following:
(1) 
The type of test administered and the procedures followed;
(2) 
The time of the collection of the blood or breath sample or urine analyzed;
(3) 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
(4) 
The type and status of any permit which was held by the person who performed the test;
(5) 
If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.
b. 
"Full information" does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.
3. 
Exception.
a. 
The provisions of this Subsection shall not apply to a student who:
(1) 
Is eighteen (18) years of age or older;
(2) 
Is enrolled in an accredited college or university and is a student in a culinary course;
(3) 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) 
Tastes a beverage under Subsection(D)(3)(a)(3) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
b. 
The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
[R.O. 1996 § 600.130; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
No wholesale licensee shall deliver to or cause to be delivered to any premises alcoholic beverages unless there shall be prominently displayed therein a license issued by the Chief of Police to the person purchasing such alcoholic beverages, designating such purchaser as a person licensed to sell on such premises the kind of alcoholic beverages the wholesale licensee is about to deliver.
[R.O. 1996 § 600.140; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]
No person shall possess alcoholic beverages purchased within the City unless the same has been acquired from some person holding a duly authorized license to sell the same under this Chapter or unless such alcoholic beverages are had or kept with the written permission of the State Supervisor of Liquor Control and the package in which the alcoholic beverages are contained and from which they are taken for consumption have, while containing alcoholic beverage, been labeled and sealed with the official seal prescribed under the State law and the regulations made thereunder.