City of Grain Valley, MO Licenses And Permits

Section 600.150 Licenses — Required, Period Of Time, Fees — Application.

[R.O. 1996 § 600.150; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

It is hereby declared to be unlawful for any person, either by himself/herself or through the use of agents or servants, to engage in the manufacture, brew, sale or distribution, or exchange for donation of alcoholic beverages within the City limits without first having obtained a liquor license authorizing such manufacture, brewing, sale, distribution, or exchange for donation in compliance with the terms of this Chapter.

Application Fee, Term.

New Licenses. All license fees shall be payable at the time of application by cash, cashier's check, money order or credit/debit card. Fees are non-refundable. The license shall be valid for one (1) year, beginning July 1 and ending June 30. Refer to the comprehensive fee schedule for the schedule of fees.

License Renewals. All license fees for license renewals, as referenced in the comprehensive fee schedule, shall be due and payable at the time the renewal application is submitted. The renewed license shall be for one (1) year, beginning July 1 and ending June 30. Licenses that are temporary in nature (Classes I and K) are not eligible for renewal. A new application must be submitted each time the license is requested.

Renewal applications must be received by the City Clerk no less than thirty (30) days prior to the date of expiration of the current license. Failure of a licensee to make such renewal application thirty (30) days prior to the expiration of the current license shall be considered to constitute abandonment, and the licensee shall forfeit his/her current license upon expiration of such license. The Chief of Police may, at his/her discretion, upon satisfactory evidence, determine that a late renewal may be reinstated, prior to the expiration of the current license until 12:00 Midnight of the final day of expiration, after which that said license shall be deemed abandoned.

The following license classes may be issued by the City Designee without Board of Aldermen approval with the proper and complete application and documentation required for such application.

Wholesale licenses (Class C).

Temporary/caterer licenses (Class I).

Form And Contents For Temporary/Catering License.

The temporary/caterer's license application signed and notarized by the managing officer, owner, and or all partners for the corporation or LLC.

Must hold a valid City of Grain Valley occupational license.

The application must be completed by the party or entity holding an existing license and not the party or entity hiring or engaging the already licensed applicant.

The name of the event.

The date(s) and starting/ending time of the event.

A detailed diagram of the premises/area where alcohol will be sold/consumed to include accurate dimensions and how the defined area will be enclosed (roping/fencing is required), event parking and traffic circulation.

Copy of current liquor license(s) from Jackson County, Missouri.

Copy of the managing partner/applicant's driver's license.

Copy of written authorization from the property owners allowing the sale and consumption of alcoholic beverages or a contract between the caterer and the event sponsor.

Form And Contents For All Other License Classes.

Any person desiring to secure a license under the terms of this Chapter shall submit the new applications and renewal applications to the City Clerk in proper form and completed as required under this Section. The City Clerk shall refer the same to the Chief of Police for investigation and recommendation. The Chief of Police shall make a recommendation within fourteen (14) days, and said recommendation shall be submitted at the next scheduled meeting of the Board of Aldermen, at which time the application shall be introduced to the Board.

Each question in the application shall be completed in full and will be considered material to the issuance of such license.

Upon request by the Chief of Police, additional information may be requested and must be provided by that applicant.

Required Information. The following information shall be required, in addition to any other information that the Chief of Police shall deem necessary, for a new application, and for a renewal application, such required information being already on file, unless there has been a change of any kind, said required information having already been submitted and approved is not necessarily required, at the discretion of the Chief of Police:

If a partnership, all names, residential addresses, dates of birth and social security numbers of the partners or any person who has a financial interest in the partnership.

If a corporation, the date of incorporation, the State in which incorporated, the amount of paid-in capital, the amount of authorized capital, the names, residential addresses, dates of birth of all shareholders and officers.

The name and residential address of any persons having a financial interest in the building and property.

The name, residential address, date of birth and social security number of the person applying for the license, if said person is a naturalized citizen and, if so, the date and place of naturalization.

Whether or not any person or persons with any financial interest in the business has ever been convicted of a felony and the facts pertaining thereto.

The address of the premises for which the license is sought.

The class of license sought.

Every applicant must submit a certificate of registration from the Election Board from the County where he/she resides stating that the applicant or said officer of applicant, if a corporation, is a qualified legal voter in the State of Missouri.

Copy of his/her property tax receipt for the year immediately preceding the date of the application from the county, town, City or village where he/she resides in the State of Missouri; or if applicant is a corporation, a copy of the property 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, owns property for which he/she is legally subject and liable to taxation in the county, town, City or village where applicant or, if a corporation, the managing officer or applicant resides in the State of Missouri.

10.

Copy of a "No Sales Tax Due" as issued by the State of Missouri for the business which the liquor license will be operating under.

11.

When a new application for any license(s) 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 and one (1) set of drawings of the floor plan of the premises with specifications of the fixtures contained therein. If the premises of where alcohol could be sold or consumed extends to an outdoor location such as a patio/deck, this should be defined with a detailed diagram including specific dimensions and how this space will be enclosed. The premises shall be enclosed by fencing with a minimum height of forty-two (42) inches and must include signage on any exit stating, "No Alcoholic Beverages beyond the Fenced Area." If changes to the premises or fixtures are made, new plans indicating such changes must be submitted to the Chief of Police.

Fingerprints And Photograph. All persons applying for a license under this Chapter shall furnish to the Chief of Police a recent photograph of the person completing the application, and shall be fingerprinted. If the applicant is a partnership, all partners shall submit photographs and shall be fingerprinted as required herein. If the applicant is a corporation, the managing officer(s) shall be fingerprinted and submit photographs as required. The Chief of Police, at his/her discretion, may make similar requirements of the officers, directors and any shareholders of such corporation.

Execution By Applicant. Application for a license under this Chapter shall be made by the individual who is, in fact, actively engaged in the actual control and management of the premises for which said license is sought.

Fees. Each application for license referred to herein shall be accompanied by payment of the respective fee required per the comprehensive fee schedule. Once an application is received, fees are considered non-refundable. 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. If such licensee does not open such establishment for business within the one-hundred-twenty-day time period, such fee may be forfeited, and the license issued may be considered invalid, null and void and of no effect as determined by the Board of Aldermen, depending upon the facts and circumstances of the delay in opening. Such licensee will then be required to reapply for such license and comply with all requirements set forth in this Chapter. The same fee will be charged upon such reapplication.

Section 600.155 License Not Required, When.

[Ord. No. 2561, 11-8-2021]

Any licensed pharmacist may possess intoxicating liquor purchased from a vendor licensed pursuant to this Chapter, or acquired pursuant to State law, to be used in connection with the business of the licensed pharmacist in compounding medicines or as a solvent or preservative. However, any druggist or drugstore operator desiring to sell intoxicating liquors shall procure the proper license therefor as denominated and be in all matters subject to the provisions of this Chapter regulating to the location, licenses to be paid and hours at which intoxicating liquor may be sold.

Nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with the physician's professional judgement for any patient at any time or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician.

Section 600.160 Licenses — Classification, Fees, Scope.

[R.O. 1996 § 600.160; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

The following classes of liquor licenses and the fee for each license issued under the provisions of this Chapter are hereby established for the manufacturing, distilling, brewing, distributing or selling at wholesale or retail any alcoholic beverages within the City. The fact a license is available does not mean it will be issued, as the Board of Aldermen will consider the overall impact and effect of said licensed premises upon the citizens, neighborhoods and infrastructure of the City, including any increased demand or need for Police monitoring and involvement.

Class A – Manufacturer Of Intoxicating Malt Liquor (Beer).

A license for the privilege of the manufacturing and brewing of malt liquor, within the City, which includes the right to distribute such malt liquor as a wholesaler, but not to sell as a retailer.

A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter, upon payment of an annual fee as outlined in the comprehensive fee schedule.

Class B – Manufacturer, Distilling, And Blending Of Wine And Intoxicating Liquors.

A license for the privilege of the manufacturing, distilling or blending of wine and all kinds of intoxicating liquors containing alcohol in alcoholic content in excess of one-half of one percent (0.5%) by volume within the City.

Class C – Distributor Or Wholesaler Of Intoxicating Malt Liquors (Beer), Wine And Liquor.

A license to distribute, or sell at wholesale, intoxicating malt liquors, wine and liquor.

Class D – Retailers Selling Intoxicating Malt Liquors (Beer) Only For Consumption On Premises (Including Sunday).

A license for the privilege of selling at retail intoxicating malt liquors in the original package and for consumption on the premises, including Sunday sales.

Class E – Retailers Selling Intoxicating Malt Liquors (Beer) Only In The Original Package, For Consumption Off Premises (Including Sunday).

A license for the privilege of selling intoxicating malt liquors in the original package direct to the consumer and not for consumption on the premises where sold on weekdays and Sunday.

Class F – Retailers Selling Malt Liquors (Beer) Wine Or Intoxicating Liquors In The Original Package, For Consumption Off Premises (Weekdays Only).

A license for the privilege of selling at retail malt liquor in the original package not to be opened or consumed on the premises where sold.

A license for the privilege of selling at retail wine and intoxicating liquors containing alcohol alcoholic content in excess of one-half of one percent (0.5%) by volume in the original package not to be opened or consumed on the premises where sold.

Class G1 – Restaurant/Bar (Weekdays Only), Retailers Selling Of Wine And Intoxicating Liquors By The Drink For Consumption On/Off Premises.

A license for the privilege of selling at retail malt liquor by the drink for consumption on the premises where sold and also in the original package for consumption off the premises.

A license for the privilege of selling at retail wine and intoxicating liquors with an alcoholic content in excess of one-half of one percent (0.5%) by volume by the drink for consumption on the premises where sold and also in the original package for consumption off the premises.

The renewal application for such licenses shall be accompanied by a statement that verifies that at least fifty percent (50%) of the gross income of the restaurant for the preceding twelve (12) months came from the sale of prepared food or meals consumed on the premises, merchandise or commodities other than intoxicating liquor. In the event such restaurant has not been in operation the previous twelve (12) months, the restaurant will be allowed six (6) months from the date of issuance of its temporary license to meet the minimum requirements.

Per Section 600.100, persons eighteen (18) years of age or older may be employed in the restaurant/bar establishments so long as other provisions of that Section are complied with.

Each person employed by an establishment operating a Class G1 license shall provide to the Chief of Police the employee identification form within ten (10) days of hire.

Class G2 – Cocktail Lounge – Bar – Retail Selling Of Intoxicating Liquor By The Drink.

This license allows for the retail sale of intoxicating liquor by the drink for consumption on the premises where sold. The retail sale of intoxicating liquor in the original package is also allowed by this license for consumption off the licensed premises where purchased.

This license allows retailers to operate weekdays and Saturdays between the hours of 6:00 A.M. and 1:30 A.M.

Each person employed by an establishment operating a Class G2 license shall provide to the Chief of Police the employee identification form within ten (10) days of hire.

A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual fee as outlined in the comprehensive fee schedule.

Class H – Sunday Sales.

A license for the privilege of the retail selling, within the City, of intoxicating liquor on Sundays.

A Sunday sales license under the terms of this Section shall authorize the selling of intoxicating liquor at retail or by the drink on Sunday between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays on the premises described in the application and for the license classes that the applicant is currently authorized to sell in the City limits.

Each person employed by an establishment operating a Class H license shall provide to the Chief of Police the employee identification form within ten (10) days of hire.

A license under the terms of this Section shall be issued to any person who is currently licensed under this Chapter to sell alcoholic beverages at retail who fully complies with the provisions of this Chapter, upon payment of an annual license fee as outlined in the comprehensive fee schedule.

10.

Class I – Temporary/Catering License For Liquor By The Drink.

A license for the privilege to temporarily sell malt liquor by the drink for consumption on the premises for use at a function, occasion, or event at a particular location other than the licensed premises.

A license for the privilege to temporarily sell wine and intoxicating liquors by the drink at retail for consumption on the premises for use at a function, occasion or event at a particular location other than the licensed premises.

The licensed premises is to include a liquor license holder currently licensed as a by-the-drink establishment/entity with Jackson County, Missouri, the City of Grain Valley which is to include caterers and mobile food vendors.

If the event will be held on Sunday, the permit shall authorize the sale of alcoholic beverages on that day beginning at 9:00 A.M.

A license under the terms of this Section shall be issued when the applicant fully complies with the provisions of this Chapter and upon payment of the fee as outlined in the comprehensive fee schedule.

The application form for a temporary/catering license should be submitted no less than fifteen (15) business days prior to a scheduled event.

A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter, upon payment of the fee outlined in the comprehensive fee schedule. It shall only be valid for a maximum period of one hundred sixty-eight (168) hours or seven (7) days at the premises listed on the application only.

11.

Class J – Wine And Malt Beverage Tasting On Premises.

Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirement of this Chapter, who is licensed to sell alcoholic beverages in the original package at retail, may apply for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises.

12.

Class K – Tax Exempt Organizations – Temporary Permit For Sale By Drink Of Malt Liquor (Beer), Wine And Intoxicants.

Notwithstanding any other provisions of this Section, a permit for the sale of malt liquor, wine and intoxicating liquor and non-intoxicating beer as defined in Section 600.010 for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor, wine and intoxicating liquor at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein, and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization.

To secure the permit, the applicant shall complete the application form provided by the City, but no applicant shall be required to furnish a personal photograph as part of the application.

If the event will be held on Sunday, the permit shall authorize the sale of alcoholic beverages on that day beginning at 9:00 A.M.

13.

Class L – Convention Trade Area.

This license shall allow a valid holder of a Class G1 or G2 license to remain open until 3:00 A.M., but no person shall be issued a Class L license if the premises is located less than one thousand (1,000) feet from any school, church, other place of worship or park, unless a natural or man-made barrier such as an interstate highway or similar barrier exists between said school, church, other place of worship or park. No additional Class L licenses will be issued after April 22, 2019. Licensees holding a valid Class L - Convention Trade Area - On/Off Premises (Intoxicating Liquor) will be allowed to continue to operate under said license and are eligible for renewal of said license.

14.

Class M – Consumption Of Liquor On Premises Not Licensed To Sell (C.O.L. License) (Building And Hall Rentals) Seven (7) Days A Week.

A consumption of liquor license allows any person operating any premises where food, beverages or entertainment are sold or provided for compensation to permit the drinking or consumption of intoxicating liquor on the premises. A consumption-of-liquor licensee cannot sell any intoxicating liquor.

Can operate between the hours of 6:00 A.M. and 1:30 A.M. seven (7) days a week

Section 600.170 Licenses — Updating Information.

[R.O. 1996 § 600.170; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

Supplemental Reports. The person to whom a license is issued under this Chapter shall file a supplemental report with the City Clerk within fifteen (15) days of any loan made to him/her of money or credit relating to the licensed business.

Change Of Facts. If, during the period for which a license is issued, there is any change of facts or information differing from that set forth in the original application or any renewal application on file with the City Clerk, written notice thereof must be given to the City Clerk within ten (10) days by the licensee.

Section 600.180 Licenses — Investigation Of Applicants.

[R.O. 1996 § 600.180; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

The Chief of Police shall be responsible for the investigation of all applicants for any license issued under the authority of this Chapter, in such manner and on such form as he/she deems necessary. Any available method will be used to conduct a fair and thorough investigation, including, but not limited to, the following:

Criminal history check.

Accurint check.

Case Net Missouri.

Grain Valley Police Department's record operating system of choice.

Regulated industries.

State Alcohol Control.

Law Enforcement Agencies.

Consideration of suspension and/or revocation of past licenses.

Section 600.190 Licenses — Qualifications Of Licensees Generally.

[R.O. 1996 § 600.190; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the State, nor shall any corporation be granted a license under this Chapter unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the State.

No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership or such corporation or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation or other financial interest therein or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed or any person employed in the business licensed under this Chapter shall have had a license revoked by the State of Missouri or this City or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st Amendment of the Constitution of the United States.

No license issued under this Chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor so long as any such employee does not directly participate in retail sales of intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the Chief of Police within ten (10) days of hiring, in writing, by completing the employee identification form.

A person seeking a license required in this Chapter shall not be in arrears to the City for any taxes, permit or license fees and shall not hold any delinquent accounts with the City.

No person seeking a license required in this Chapter shall accept, directly or indirectly, any loans, equipment or monies, 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.

A person seeking a license under the provisions of this Chapter must have a certificate of occupancy issued by the Building Official responsible for issuing same for the City, and a copy thereof must be furnished to the Chief of Police prior to conducting any business wherein a license is required in this Chapter.

In making a determination of good moral character, the following shall be considered:

A felony or misdemeanor conviction of the applicant.

Any pending felony or misdemeanor charges.

The nature of the crime committed in relation to the license the applicant seeks.

The date of the conviction.

The conduct of the applicant since the date of the conviction.

Consideration of suspension and/or revocation of past licenses.

Other evidence as to the applicant's character.

Section 600.200 Employee Permit Cards For Liquor-By-The-Drink Establishments.

[R.O. 1996 § 600.200; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

It shall be unlawful for any person to directly participate in the retail sale, service, delivery, dispensation, or the exchange for donation of alcoholic beverages/intoxicating liquors at a location authorized to sell liquor by the drink unless the person holds a valid employee permit card issued by the Chief of Police. The term "directly participate in the retail sale, service, delivery, dispensation, or exchange for donation of alcoholic beverages" as used in this Section shall include accepting delivery of, stocking, arranging displays of, delivery, taking orders for, accepting payments for, mixing, serving or assisting in mixing or serving alcoholic beverages. It shall be unlawful for any person to act in the capacity of, but not limited to, manager, bartender, waiter, waitress, cashier, sales clerk, stock person, or doorman, or other person responsible for checking identification cards to determine age unless the person holds a valid employee permit card issued by the Chief of Police.

Application. Each application for an employee permit card shall be filed with the Chief of Police on a form supplied by the Police Department and shall be signed by the applicant. The application shall include:

The applicant's name, home address, telephone number, date of birth, and motor vehicle operator's license number or other identification number.

The applicant's height, weight, color of eyes, color of hair, and sex.

A statement by the applicant affirming whether he or she is a convicted felon.

A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee permit and, if so, when and by what State or City the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked, or disqualified and, if suspended, revoked or disqualified, when and for what reason.

The applicant will complete a criminal history check through the Missouri State Highway Patrol Criminal Justice Information Service Division within sixty (60) days from date of application and have the criminal history report released to the Grain Valley Police Department.

The applicant will pay to the City a permit card issuance fee as outlined in the comprehensive fee schedule.

Issuance. If the applicant meets the requirements of this Section and this Chapter, the Chief of Police shall issue the employee permit card to the applicant which shall be valid for two (2) years from the date of issuance. Upon expiration of the employee permit card, the applicant may obtain a new employee permit card in the same manner as provided in this Section.

Denial, Suspension Or Revocation Of Employee Permit Card. Grounds, whenever it shall be shown or whenever the Chief of Police has knowledge that:

The permit issued under this Chapter was obtained through materially false statements or information in the application.

The person applying for an application is not at least twenty-one (21) years of age, or eighteen (18) years of age with the exceptions of this Chapter.

The person applying for the permit has been charged or convicted of rape, sexual assaults, sodomy, kidnappings, abductions, robbery, murder, manslaughter, or other violent felony against persons.

The person applying for this permit will not be issued an employee permit card, if they are currently suspended in this City or any other City or State or has been revoked within two (2) years immediately preceding this application.

An employee permit card will not be issued to any person who, within five (5) years of the date of application, has been found guilty of, pleaded guilty to, pleaded nolo contendere to or been convicted of a felony (Federal or State) or has been released from confinement for a felony conviction, whichever is latest, involving the sale of controlled substances or illegal drugs or narcotics, or intent to distribute controlled substances or illegal drugs or narcotics, or intent to distribute controlled substances or illegal drugs or narcotics or an offense of a similar nature in other states as determined by the Chief of Police.

Form Of Employee Permit Card. Each employee permit card shall bear the physical description and photograph of the applicant and be in a form approved by the Chief of Police.

Invalidation, Suspension Or Revocation. If any person who has been issued and holds an employee permit card shall be found guilty of, plead guilty to, plead nolo contendere to or been convicted of a felony (Federal or State), as described in Subsection (A), the employee permit card shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this Chapter, the Chief of Police may immediately suspend or revoke the employee permit card of that person.

Employment Of Felons. A retail licensee may employ a person convicted of any felony as described in Subsection (A), unrelated to the manufacture or sale of intoxicating liquor, so long as the felon does not directly participate in the retail sale, service, delivery, or dispensation of alcoholic beverages as defined in Subsection (A) of this Section.

Possession And Exhibition. While directly participating in the retail sale, service, delivery, or dispensation of alcoholic beverages, any person holding an employee permit card under the provisions of this Section shall be required to have the permit in his or her possession or in the manager's office, and shall be able to exhibit to the Chief of Police or his or her designee or any other officer of the Grain Valley Police Department upon demand. Failure to exhibit an employee permit card as required by this Subsection shall be prima facie evidence that the person does not hold an employee permit card.

Violations.

Employment Of Persons Without An Employee Permit Card. It shall be unlawful for any retail licensee to have in his/her employ to sell or assist in the retail sale, dispensation, service, or delivery of alcoholic beverages any person who does not have an employee permit card issued from the Chief of Police.

False Representation. It shall be unlawful for any person to use or possess any false or falsified employee permit card issued, or purporting on its face to have been issued, by the Chief of Police for the purpose of using the employee permit card to obtain employment in or to purchase alcoholic beverages from any premises granted a license under the provision of this Chapter, or to misrepresent to any licensee or his/her agent, servant or employee, or to the Chief of Police or the Chief's designee or any member of the Police Department, the person to be twenty-one (21) years of age or older.

Falsifying Employee Permit Card. It shall be unlawful for any person to manufacture, forge, reproduce in any way or otherwise falsify an employee permit card issued, or purporting on its face to have been issued, by the Chief of Police, or to give, lend, sell or otherwise provide to any person a false, falsified, manufactured, forged or reproduced an employee permit card issued by the Chief of Police.

Use Of Other's Employee Permit Card. It shall be unlawful for any lawful holder of an employee permit card issued by the Chief of Police to give, lend, sell or otherwise provide the employee permit card to any other person, or for any person not the lawful holder of the employee permit card to use the card for any purpose declared to be unlawful by the provisions of this Chapter, or give, lend, sell or otherwise provide the employee permit card to any other person.

Not Submitting Identification Report. It shall be unlawful for any retail licensee to have in his/her employ any person who has not submitted the employee identification form as provided by the Chief of Police within ten (10) days of hire.

Section 600.210 Licenses — Issuance Prohibited Near Schools And Churches.

[R.O. 1996 § 600.210; Ord. No. 2543, 4-12-2021; Ord. No. 2561, 11-8-2021]

No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent, in writing, of the Board of Aldermen, except that when a school, church or place of worship shall hereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days written notice has been provided to all owners of property within one hundred (100) feet of the proposed licensed premises.

The distance from the premises of a liquor establishment and a church building, school building, or other place of worship building shall be measured between the point of the nearest exterior wall of the church building, school building, or other place of worship building to the point nearest the exterior wall of the applicant for such license.

Section 600.220 Licenses — Eligibility Of Annexed Licensee.

[R.O. 1996 § 600.220; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

Any person operating a liquor business outside the limits of the City in an area that may be annexed by the City shall be eligible to apply for a comparable license, as defined in this Chapter, at the time of annexation completion.

Section 600.230 Granting And Renewal Of License.

[R.O. 1996 § 600.230; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

Only the Board of Aldermen may approve a new application or renewal application for a license(s) as provided in this Chapter with exception of those license classes listed in Section 600.230(D). The Chief of Police will review the application and make an informed recommendation to the Board of Aldermen, who will approve or reject the license application or renewal application. Upon approval by the Board of Aldermen, the City Administrator shall direct the City Clerk to issue said license.

The person applying for a new license or renewal and other interested persons may appear before the Board of Aldermen and testify in support of or against the issuance of the license.

The Chief of Police shall report to the Board of Aldermen his/her findings of the investigation of such new application or renewal with his/her approval or denial recommendation.

Licenses granted under the terms of this Chapter shall be signed by the City Clerk who shall affix the Seal of the City thereto.

New liquor license applications presented to the Board of Aldermen shall not be granted at the same meeting of Board of Aldermen that the application is first presented. Renewal applications with no liquor license class additions only need to be presented the Board of Aldermen once. If an existing liquor license holder requests a change to their existing license classes, the new license class(es) shall not be granted at the same meeting of Board of Aldermen that the changes are first presented.

As part of the application and renewal process, the Board of Aldermen shall consider the factors set forth in Section 600.270(A) as well as any other facts concerning the fitness, qualifications and history of the applicant.

Any license issued for the first time hereunder shall be on a probationary basis for six (6) months, subject to review at the end of said probationary period. Said license may then be extended, revoked or suspended depending upon the conduct of the licensee and activities on the premises during said period. If the applicant has successfully completed the probationary period to the Chief of Police's satisfaction, said license may then be extended by the Chief of Police for the remaining license period. If concerns during the probationary period are found, the Chief of Police will make a recommendation to the Board of Aldermen who will determine whether to revoke or suspend the license. Documentation of the probationary period review shall be included in the liquor license file.

Denial, Right Of Hearing. If an application for a license under this article is denied by the Board of Aldermen, the applicant shall be entitled to an appeal hearing under the terms of Section 600.270.

Section 600.240 Contents Of Licenses.

[R.O. 1996 § 600.240; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

A license issued under authority of this Chapter, a duplicate of which shall be retained in the records of the City Clerk, shall contain, at a minimum, the following information and be displayed prominently in the business so licensed:

The class or classes of the license.

Name of person issued to.

Fees paid.

Expiration date.

Section 600.250 Transferability Of Licenses.

[R.O. 1996 § 600.250; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

No license issued under authority of this Chapter shall be transferable or assignable except as herein provided:

Death Of 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 person, who shall meet the other requirements of this Chapter, may be permitted to operate the business of the deceased licensee 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 person.

A Removal Of License To Other Location. A license may, subject to the approval of the Board of Aldermen, be transferred to any other place or to any other part of the building containing the licensed premises, if the place sought to be licensed meets the requirements of this Chapter.

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.

The application for permission to transfer or expand the license must be submitted on a form and in such manner as prescribed by the City Clerk, together with the fee as listed in the comprehensive fee schedule, and shall include, but not be limited to:

Name and address of licensee.

Street address, name 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(s) of any person(s) having an interest in the leasehold or interest therein as landlord or tenant.

Section 600.260 Effect Of Sale Of Licensed Premises.

[R.O. 1996 § 600.260; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

When a person holding a liquor license under this Chapter obtains a buyer or lessee for the establishment for which the license was issued, such buyer or lessee shall be given a prior consideration for a license, provided such buyer or lessee meets the qualifications set forth in this Chapter. Such new buyer or lessee shall be required to pay all applicable fees as if he/she were applying as any other new applicant for a new license in accordance with the requirements of this Chapter.

Section 600.270 Suspension Or Revocation Of Licenses.

[R.O. 1996 § 600.270; Ord. No. 2463, 4-22-2019; Ord. No. 2561, 11-8-2021]

Any license issued pursuant to this Chapter is subject to suspension or revocation whenever it shall be shown or whenever the Chief of Police has knowledge that:

A licensee or permittee under this Chapter has not at all times maintained an orderly place, including, but not limited to, incidents of the following:

Repeated incidents of violence disturbances; fighting, assaults, etc., within a four-month time frame. Shootings may result in an immediate suspension or revocation for crime scene investigation.

Incidents of rape, sexual assaults, sodomy, kidnappings, abductions, etc.

Acts of nudity or sexual activity to include sexual intercourse, masturbation, bestiality, oral copulation, or flagellation on the premises.

Incidents of gambling, sports betting, etc.

Incidents of repetitive noise complaints.

A licensee or any employee, agent or servant of such licensee has violated any State licensing rules; regulations; State laws; or provisions of this Chapter; or the licensee or permittee obtained the license or permit through materially false statements in the application for such license or permit or renewal thereof; or

A licensee has failed to make a complete disclosure of all pertinent information in the application for such license or permit or renewal or has failed to make timely renewal application thereof; or

A licensee, since the issuance of such license, has ceased to be the person actually in control and management of the particular establishment for which the license was issued; or

There is reason to believe that there is a danger to the health, welfare and safety of patrons due to conditions on the premises of the licensee; or

A licensee or permittee has refused a lawful order of a Police Officer on the licensed premises; or

There be found in or upon the licensed premises minors in possession of intoxicating liquors; or

For Any Other Good Cause Shown. The Chief of Police may temporarily suspend said license for a period not to exceed forty-eight (48) hours and immediately close the licensed establishment. The Chief of Police, as soon as possible, will notify the City Administrator of such action, and the City Administrator shall, as soon as possible, notify the Board of Aldermen which may require a hearing to determine whether to suspend such license for an additional period of time as it may deem or permanently revoke such license. The Chief of Police may, at his/her discretion, lift such temporary suspension within the forty-eight-hour period and allow the reopening of the establishment, pending a required hearing before the Board of Aldermen.

In the event there is any conflict of interest in the Board of Aldermen, there shall be established a Liquor Control Board which Board shall have the same powers, duties and responsibilities as the Board of Aldermen in reviewing, suspending or revoking any license issued hereunder. Such Liquor Control Board shall be comprised of three (3) members of the Board of Aldermen. No action shall be taken by the Liquor Control Board except by majority vote. Such Board shall select a Presiding Officer to conduct any proceedings hereunder.

Grounds for suspension or revocation by the Board of Aldermen or Liquor Control Board may consist of any violation of this Chapter.

Notification Of Hearing. The licensee shall be given not less than ten (10) days' written notice to appear 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 the Chief of Police 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 such licensee or by mailing such notice by certified or registered mail to the licensee at his/her last known business or residence or by posting a copy of such notice on the licensed premises.

Hearing Procedures. The licensee shall have full right to have counsel, produce witnesses and cross-examine all witnesses who may appear against such licensee. The licensee shall have the right to take down stenographically or record mechanically or electronically all proceeding in such hearings. Such hearings shall be transcribed whenever required by law. Subpoenas shall be issued by the Chief of Police for any witness whose presence is desired at any hearing or processing before the Board of Aldermen or Liquor Control Board to suspend or revoke a license. Such subpoenas shall be served and returned thereon shall be made in the same manner as provided by law in civil suits in the Circuit Court of this State. Witnesses may also appear voluntarily at such hearing and testify.

Decision – Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.270 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.

Effect. Whenever any license shall be revoked under the terms and provisions of this Chapter, the licensee shall not thereafter be eligible for any license provided for in this Chapter for a period of one (1) year, beginning at the date of revocation. No licensee who shall have had his/her license suspended or revoked by order of the Board of Aldermen or Liquor Control Board shall sell or give away any intoxicating liquor or malt liquor during the period of time such order of suspension or revocation is in effect. Any licensee desiring to keep his/her premises open for the sale of food or merchandise during such period of suspension or revocation shall display the order of suspension or revocation issued by the Board of Aldermen in a conspicuous place on the premises so that all persons visiting the premises may readily see the order. There shall be no refund of any license fee should a majority of the members of the Board vote to suspend or revoke any license hereunder.