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.
[R.O. 1996 § 600.010 (in part)]
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
COMMON EATING AND DRINKING AREA
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor, where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas or otherwise, and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
PERSON
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESORT
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 Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
[R.O. 1996 § 600.010 (in part)]
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made only by a holder
of a retail liquor dealer's license and, when so made, the container
in every case shall be emptied and the contents thereof served as
other intoxicating liquors sold by the drink are served.
[R.O. 1996 § 600.050(C)(1)]
A. No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within three hundred (300) 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 three
hundred (300) 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 three hundred (300)
feet of the proposed licensed premises.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. Subsection
(A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[R.O. 1996 § 600.040; Ord. No. 388, 9-22-1994]
A. The following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1.
General Licenses.
a.
Malt liquor — original package: $50.00.
b.
Intoxicating liquor (all kinds) — original package: $100.00.
c.
Malt liquor — by drink: $55.00.
d.
Malt liquor and light wines — by drink: $55.00.
e.
Intoxicating liquor (all kinds) — by drink: $200.00.
2.
Sunday Sales (Additional Fee).
a.
Intoxicating liquor at retail: $100.00.
3.
Permits.
a.
Temporary permit — by the drink for certain organizations
[seven (7) days maximum]: $5.00.
c.
Caterers: $15.00 per each calendar day.
B. Of the license fee to be paid for any such license, the applicant
shall pay as many 12ths as there are months (part of a month counted
as a month) remaining from the date of the license to the next succeeding
July 1.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the state of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
[R.O. 1996 § 600.060; Ord. No. 693 § 1, 1-13-2011; Ord. No. 698 § 1, 7-14-2011]
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 (.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/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.
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven by fourteen (11 x 14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects."
The licensee shall display such sign in a conspicuous place on the
licensed premises.