[RSMo. §311.020; Ord.
No. 50481 §1, 5-4-1981; Ord. No. 111681 §1, 11-16-1981; Ord. No. 020210B §2, 2-2-2010]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet and where games
of skill commonly known as "billiards," "volleyball," "indoor golf,"
"bowling" or "soccer" are usually played or has a dance floor of at
least two thousand five hundred (2,500) square feet or any outdoor
golf course with a minimum of nine (9) holes and which has annual
gross receipts of at least one hundred thousand dollars ($100,000.00)
of which at least fifty thousand dollars ($50,000.00) of such gross
receipts is in non-alcoholic sales.
[Ord. No. 03182019, 3-18-2019]
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere.
[Ord. No. 03182019, 3-18-2019]
A place where all doors are locked and where no patrons are
in the place or about the premises.
A corporation organized under the laws of this State, not
for pecuniary profit, solely for the promotion of some common object
other than the sale and consumption of alcoholic liquors which conforms
to the definition of a club, as provided by the Statute.
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).
[Ord. No. 03182019, 3-18-2019]
The manufacturing of wine or brandy in quantities not to
exceed 500,000 gallons, not in excess of eighteen-percent alcohol
by weight for wine, or not in excess of thirty-four-percent alcohol
by weight for brandy, from grapes, berries, other fruits, fruit products,
honey, and vegetables produced or grown in the State of Missouri,
exclusive of sugar, water and spirits.
[Ord. No. 03182019, 3-18-2019]
Every building or other structure, kept, used, maintained,
advertised and held out to the public to be a place where food is
actually served and consumed and sleeping accommodations are offered
for adequate pay to travelers and guests, whether transient, permanent,
or residential, in which twenty-five (25) or more rooms are used for
the sleeping accommodations and dining rooms being conducted in the
same building or buildings in connection therewith and such building
or buildings, structure or structures being provided with adequate
and sanitary kitchen and dining room equipment and capacity.
Shall mean and include alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt, or other liquors, or combination
of liquors, a part of which is spirituous, vinous, or fermented, and
all preparations or mixtures for beverage purposes, containing in
excess of one-half of one percent (.5%) by volume except for non-intoxicating
beer as defined in Section 312.010, RSMo. All beverages having an
alcoholic content of less than one-half of one percent (.5%) by volume
shall be exempt from the provisions of this Chapter, but subject to
inspection as provided by Sections 196.365 to 196.445, RSMo.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight exclusively
from grapes, berries and other fruits and vegetables.
[Ord. No. 03182019, 3-18-2019]
An intoxicating liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight, manufactured from pure hops or pure extract
of hops or pure barley malt or wholesome grains or cereals and wholesome
yeast and pure water.
[Ord. No. 03182019, 3-18-2019]
Any person under the age of twenty-one (21) years.
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.
[Ord. No. 03182019, 3-18-2019]
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator or any officer
appointed by any State or Federal Court.
[Ord. No. 03182019, 3-18-2019]
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 ($50,000.00)
of such gross receipts from non-alcoholic sales or means a seasonal
resort restaurant with food sales as determined in Subsection ( 2)
of Section 311. 095, RSMo., or means a new restaurant establishment
having been in operation for at least ninety ( 90) days preceding
the application for such license, with a projected experience based
upon its sale of food during the preceding ninety (90) days which
would exceed not less than seventy- five thousand dollars ($ 75, 000.
00) per year. 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 sales requirements of this Subsection,
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.
[Ord. No. 03182019, 3-18-2019]
Any public place kept, used, maintained, advertised and held
out to the public as a place where meals are served, and where meals
actually are served and regularly served, without sleeping accommodations,
such space being provided with adequate and sanitary kitchen and dining
room equipment and capacity and having employed therein a sufficient
number and kind of employees to prepare, cook and serve suitable food
for its guests. Provided further, that no restaurant licensed as such
shall sell alcoholic liquor except with meals.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises where alcohol is also served.
[Ord. No. 03182019, 3-18-2019]
The sale for use or consumption and not for resale.
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.
[Ord. No. 03182019, 3-18-2019]
[Ord. No. 111681 §2, 11-16-1981; Ord. No. 030204C §1, 3-2-2004; Ord.
No. 050509, 5-5-2009; Ord. No. 03182019, 3-18-2019]
There is hereby created a Supervisor of Liquor Control for the
regulation, control and issuing of permits for the sale of intoxicating
liquors within the corporate limits of the City of Peculiar, Missouri.
The Chief of Police of said City is hereby appointed said Supervisor.
[Ord. No. 111681 §3, 11-16-1981; Ord. No. 030204C §5, 3-2-2004; Ord.
No. 050509, 5-5-2009; Ord. No. 01062014B §I, 1-6-2014; Ord. No. 02212017 § IV, 2-21-2017; Ord.
No. 03182019, 3-18-2019]
A.
No
person shall sell or offer for sale intoxicating liquor in the City
of Peculiar 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. Such license shall be exhibited
in a conspicuous location on the premises and in plain view of patrons.
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:
1.
Original package license: sales of all kinds of intoxicating liquors
in the original package at retail not for consumption on the premises
where sold.
2.
Original package 5% beer license: sales of five percent (5%) beer
at retail in the original package not for consumption on the premises
where sold.
3.
Five percent (5%) beer by drink— wine: sales of malt liquor
and light wines at retail by the drink for consumption on the premises
where sold.
4.
Retail liquor by drink— restaurant/ resort/ amusement: sales
of intoxicating liquor of all kinds at retail by the drink for consumption
on the premises where sold in an establishment designated as a restaurant/resort/amusement
place by definition in this Code.
5.
Retail liquor by drink—bar: sales of intoxicating liquor of
all kinds at retail by the drink for consumption on the premises where
sold in an establishment designated as a bar by definition in this
Code.
6.
Retail liquor by drink—exempt: sales of intoxicating liquor
of all kinds by the drink at retail for consumption on the premises
where sold for certain charitable, fraternal, religious, service or
veterans' organizations.
7.
Malt liquor by the drink: sales of malt liquor at retail by the drink
for consumption on the premises where sold.
8.
Domestic Winery -sales of Missouri-produced wine and brandy in its
original package directly to consumers at the winery, and may open
wine produced by customers so that it may be consumed on the winery
premises.
C.
Sunday
Sales (Additional Fees). 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 on Sundays between the hours
of 9:00 A.M. and 12:00 Midnight:
1.
Sunday original package: sales of liquor of all kinds in the original
package at retail, not for consumption on the premises where sold.
2.
Five percent ( 5%) beer by drink—restaurant bar— wine:
sales of liquor of all kinds by the drink at retail for consumption
on the premises of any restaurant bar.
3.
Sunday bar— amusement: sales of liquor of all kinds by the
drink at retail for consumption on the premises of any amusement place.
4.
Sunday bar— exempt: sales of intoxicating liquor of all kinds
by the drink at retail for consumption on the premises where sold
for certain charitable, fraternal, religious, service or veterans'
organizations.
5.
Restaurant bar— resort: sales of liquor of all kinds by the
drink at retail for consumption on the premises of any restaurant
bar.
6.
Sunday bar— bar: sales of liquor of all kinds by the drink
at retail for consumption on the premises of any bar.
D.
Permits.
1.
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsection (B)(1) of this Section above 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.
[Ord. No. 11681 §4, 11-16-1981; Ord. No. 050509, 5-5-2009; Ord. No. 03182019, 3-18-2019]
All original licenses for the sale of intoxicating liquors shall
be issued by the Board of Aldermen of the City of Peculiar on recommendation
of the Supervisor, on written application of the applicant, verified
by his affidavit that he in all ways meets the requirements of the
City.
[Ord. No. 111681 §5, 11-16-1981; Ord. No. 050509, 5-5-2009]
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk on a form to
be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
B.
Hearing Of Application. Upon the filing of an original application
with the Clerk, the Clerk shall fix a date for a hearing before the
Board of Aldermen not more than thirty-one (31) days from the date
of filing of the application and shall give the applicant written
notice of the date of the hearing.
[Ord. No. 01062014B §II, 1-6-2014; Ord. No. 08072023E, 8-7-2023]
1.
The Board of Aldermen shall consider the location of the proposed business for which a license is sought with respect to its proximity to a school, a church or other building regularly used as a place of religious worship. In no event shall the Board approve the issuance of a license for the sale of liquor within one hundred (100) feet of any school, church or other building regularly used as a place of worship unless the applicant for the license shall first obtain the consent, in writing, of the Board of Aldermen as provided for in Section 600.100 of the City Code. 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. When a school, church or place of worship shall thereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, renewal of the license shall not be denied for lack of consent, in writing, as herein provided.
2.
The Board of Aldermen shall approve the application if after the
hearing it finds that:
a.
The manufacture or sale of intoxicating liquor at the location covered
by the requested license is permitted under the City's zoning ordinances,
and the applicant has obtained the required zoning approvals (if any);
b.
The applicant is a person of good moral character and a native born
or naturalized citizen of the United States of America and resides
in the State of Missouri;
c.
No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
d.
The applicant has not been convicted of a felony reasonably
related to the manufacture or sale of intoxicating liquor; or that
such applicant has not employed in his/her business any person whose
license has been revoked or who has been convicted of violating the
provisions of a felony reasonably related to the manufacture or sale
of intoxicating liquor;
e.
The applicant plans and proposes to conduct a retail liquor business
in compliance with the laws of the State of Missouri, the ordinances
of the City and the provisions of this Chapter.
C.
Upon
approval of any application for a license, the Clerk shall grant the
applicant a license to conduct business in the City for a term to
expire with the 30th day of June next succeeding the date of such
license, unless such license be revoked or suspended for cause before
the expiration of such time.
[Ord. No. 03182019, 3-18-2019]
[Ord. No. 111681 §6, 11-16-1981]
The Supervisor of Liquor Control and the Board of Aldermen shall
have the right to examine, or cause to be examined, under oath, any
applicant for a local license or for renewal thereof, or any licensee
upon whom notice of revocation or suspension has been served as provided
by Statute, and to examine or cause to be examined the books and records
of any such applicant or licensee; to hear testimony and take proof
of his information in the performance of his duties, and for such
purpose to issue subpoenas which shall be effective in any part of
this State. For the purpose of obtaining any of the information desired
by the Supervisor of Liquor Control under this Section, he may authorize
his agent to act on his behalf, as provided by Statute.
[Ord. No. 111681 §7, 11-16-1981; Ord. No. 030204C §2, 3-2-2004; Ord.
No. 040406B §§1, 3, 4-4-2006; Ord. No. 01062014B §III, 1-6-2014]
A.
Applications for such licenses shall be made to the Supervisor of
Liquor Control, in writing, signed by the applicant, if an individual,
or by a duly authorized agent thereof, if a club or corporation, verified
by oath or affidavit, and shall contain the following statements and
information:
1.
The name, date of birth and address of the applicant in the
case of an individual; in the case of a co-partnership, the persons
entitled to share in the profits thereof; in the case of a corporation,
the names, dates of birth and addresses of the officers and directors,
and if a majority interest of the stock of such corporation is owned
by one (1) person or his nominee, the name, date of birth and address
of such person. In addition, the name, date of birth and address of
the managing officer of the corporation shall be set forth.
2.
The citizenship of the applicant, which shall be either a birth
certificate or passport, his place of birth and, if a naturalized
citizen, the time and place of his naturalization.
3.
The character of business of the applicant and, in the case
of a corporation, the objects for which it was formed.
4.
The length of time said applicant has been in business of that
character or, in the case of a corporation, the date when its charter
was issued.
5.
The amount of goods, wares and merchandise on hand at the time
application is made.
6.
The location and description of the premises or place of business
which is to be operated under such license.
7.
A statement whether the applicant has made application for a
similar or other license on the premises other than described in this
application, and the disposition of such application.
8.
A statement regarding whether the applicant has been convicted
of a felony.
9.
A statement that the applicant is not disqualified to receive
a license by reason of any matter or thing contained in this Chapter,
laws of this State, or the ordinances of this City.
10.
Whether a previous license by any State or subdivision thereof,
or by the Federal Government has been revoked/suspended, and the reasons
therefor.
11.
A statement that the applicant will not violate any of the laws
of the State of Missouri, or of the United States, or any ordinance
of the City in the conduct of his place of business.
12.
A statement that the applicant has no past due taxes due the
City of Peculiar.
[Ord. No. 111681 §8, 11-16-1981; Ord. No. 010995 §1, 1-9-1995; Ord.
No. 030204C §3, 3-2-2004; Ord. No. 040406B §3, 4-4-2006; Ord.
No. 01062014B §IV, 1-6-2014]
A.
No
such license shall be issued to:
1.
(Reserved)
2.
(Reserved)
3.
A person who is not a citizen of the United States.
4.
A person who has been convicted of a felony reasonably related
to the manufacture or sale of intoxicating liquor.
5.
A person who is not of good moral character.
6.
A person whose license under this Chapter has been revoked or
suspended for cause.
7.
Any person who at the time of application for renewal of any
license issued hereunder would not be eligible for such license upon
first application.
8.
A co-partnership, unless all of the members of such co-partnership
shall be qualified to obtain a license.
9.
A corporation, if any officer, manager or director thereof,
or any stockholder or stockholders owning in the aggregate more than
ten percent (10%) of the stock of such corporation would not be eligible
to receive a license hereunder for any reason other than citizenship
and residence within the political subdivision.
10.
A person whose place of business is conducted by a manager or
agent unless said manager or agent possesses the same qualifications
required of the licensee.
11.
A person who does not own the premises for which a license is
sought, or does not have a lease thereon for the full period for which
the license is issued.
12.
Any person, firm or corporation not eligible for a State retail
liquor dealer's license.
13.
Any person who has been denied a license for the sale of alcoholic
beverages by the City of Peculiar within the past ninety (90) days.
[Ord. No. 111681 §9, 11-16-1981; Ord. No. 120798D §9, 12-7-1998; Ord.
No. 03182019, 3-18-2019]
A.
Package
Sales, Limitations. No license shall issue for the sale of intoxicating
liquor in the original package, not to be consumed upon 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 Chapter.
B.
Newly
Opened Restaurant Bars, Amusement Places.
1.
Any new restaurant bar having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and 12:00 Midnight on Sunday for a period not to
exceed ninety (90) days if the restaurant bar can show a projection
of annual business from prepared meals or food consumed on the premises
of at least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
2.
Any new amusement place having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and 12:00 Midnight on Sunday for a period not to
exceed ninety (90) days if the amusement place can show a projection
of gross receipts of at least one hundred thousand dollars ($100,000.00)
of which at least fifty thousand dollars ($50,000.00) of such gross
receipts are in non-alcoholic sales for the first year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
C.
Operating
Hours, Days. No person having a license issued pursuant to this Chapter
nor any employee of such person shall sell, give away or permit the
consumption of 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. on Sunday and 6:00 A.M. on Monday upon or about his/
her premises except as otherwise authorized and licensed for Sunday
sales. Any person licensed to sell intoxicating liquor by the drink
shall keep a closed place during the aforementioned prohibited times.
D.
General
License Regulations.
1.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2.
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.
3.
No license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the Clerk may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
upon being requested, shall permit the remaining partner or partners
originally licensed to continue to operate for the remainder of the
period for which the license fee has been paid without obtaining a
new license.
4.
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 Council. Any change of
location of the enterprise prior to issuance of such an amended license
shall constitute a violation of this Section.
5.
A licensee may transfer their license category to any other license
category upon meeting the definition and qualifications of that license
and paying the prorated difference in license fee.
[Ord. No. 030204C §6, 3-2-2004]
A.
It
shall be unlawful for any person to directly participate in the retail
sale, service, delivery or dispensation of alcoholic beverages unless
the person holds a valid employee permit issued by the Supervisor
of Liquor Control. This includes accepting delivery of, stocking,
arranging displays of, delivering, taking orders for, accepting payment
for, mixing, serving or assisting in mixing or serving alcoholic beverages.
B.
It
shall be unlawful for any person to act in the capacity of, but not
limited to, bar 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 issued by the Supervisor.
C.
Each
employee permit issued shall terminate on the 31st day of December
following the issuance thereof.
[Ord. No. 03182019, 3-18-2019]
[Ord. No. 030204C §7, 3-2-2004; Ord. No. 01062014B §V, 1-6-2014; Ord.
No. 09082022, 9-8-2022]
No person shall be issued a permit by the Supervisor unless
the person is at least eighteen (18) years of age. No person shall
be issued an employee permit if the person has been convicted of a
felony reasonably related to the manufacture or sale of liquor; is
not of good moral character; is otherwise disqualified by the State
Statutes or by Code of State Regulations for employment on the licensed
premises of an alcoholic beverage establishment; or has been issued
an alcoholic beverage license or permit from this or any other City
or State that is currently suspended or that has been revoked within
five (5) years immediately preceding the application.
[Ord. No. 030204C §8, 3-2-2004; Ord. No. 11052012 §I, 11-5-2012; Ord.
No. 01062014B §VI, 1-6-2014]
A.
Each application for an employee permit shall be filed with the Supervisor
on a form supplied by the Supervisor and shall be signed by the applicant.
The application shall include:
1.
The applicant's complete name, home address, home telephone
number and date of birth.
2.
The applicant's height, weight, color of eyes, color of hair
and sex.
3.
A statement regarding whether the applicant has been convicted
of a felony.
4.
A photograph of the applicant taken by the Supervisor.
5.
A fifteen-dollar non-refundable application fee to be paid to
the City Treasurer to defray the cost of investigation and the application
process.
B.
Issuance. If the applicant meets the requirement
of this Section and this Chapter, the Supervisor shall issue an employee
permit to the applicant; said license shall be valid for two (2) years
from the date of issuance. Upon expiration of the permit, the applicant
may obtain a new permit in the same manner as provided in this Section.
Each employee permit shall bear the physical description and photograph
of the applicant and shall be laminated to prevent alteration.
C.
Possession And Exhibition. While directly participating
in the retail sale, service, delivery or dispensation of alcoholic
beverages, any person holding an employee permit under the provisions
of this Section shall be required to have the permit in his/her possession,
and the permit shall be exhibited to the Supervisor or the Supervisor's
agent or to any officer of the City Police Department upon demand.
Failure of any person to exhibit an employee permit as required by
this Subsection shall be prima facie evidence that the person does
not hold a permit.
[Ord. No. 111681 §10, 11-16-1981; Ord. No. 08072023E, 8-7-2023]
A.
No
license shall be granted for the sale of alcoholic beverages within
one hundred (100) feet of any school, church or other building regularly
used as a place of religious worship unless:
1.
The business for the sale of alcoholic beverages was established
in its present location before the church or school was so located;
or
2.
The applicant for such license shall first obtain the consent, in
writing, of the majority of the Board of Aldermen. 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.
3.
The measurement of the one hundred (100) feet shall be from property
line to property line.
[Ord. No. 111681 §11, 11-16-1981; Ord. No. 101794 §1, 10-17-1994; Ord. No. 040406B §2, 4-4-2006; Ord. No. 110309 §1, 11-3-2009; Ord.
No. 050410B §1, 5-4-2010; Ord. No. 03182019, 3-18-2019]
A.
General
Licenses.
1.
Class A. Original Package All Kinds License $150.00: for the sale
at retail of intoxicating liquors in the original package in connection
with a drugstore, a cigar and tobacco store, grocery store, a general
merchandise store, a confectionery or delicatessen or a store having
and keeping a stock of goods valuing at least one thousand dollars
($1,000.00), exclusive of fixtures and intoxicating liquor. In order
to operate on a Sunday, a Sunday license must also be obtained. See
Sunday licensing options. Section 311.200.1, RSMo.
2.
Class B. Original Package 5% Beer License (Includes Sunday Sales)
$75.00: for the sale of malt liquor by grocers and other merchants
and dealers in the original package direct to consumers, but not for
resale. This license includes Sunday sales. Section 311. 200.2, RSMo.
3.
Class C. Beer By The Drink License ( Includes Sunday Sales) $75.00:
for the sale of malt liquor, not to exceed five percent (5%), by the
drink for consumption on the premises where sold. This license allows
retailers to operate between the hours of 6: 00 A.M. and 1: 30 A.M.
on weekdays and Saturdays and between the hours of 9: 00 A.M. and
12:00 Midnight on Sunday. Section 311.200.3, RSMo.
4.
Class D. 5% Beer And Wine By Drink License $75.00: for the sale of
malt liquor, not to exceed five percent (5%), and light wine not to
exceed fourteen percent (14%) alcohol by the drink for consumption
on the premises where sold. This license allows retailers to operate
between the hours of 6: 00 A.M. and 1: 30 A.M. on weekdays and Saturdays.
In order to operate on a Sunday, a Sunday license must also be obtained.
See Sunday licensing options. Section 311.200.4, RSMo.
5.
Class E. Retail Liquor By Drink - Bar $450.00: for the sale of all
kinds of intoxicating liquor by the drink for consumption on the premises
where sold. This license allows retailers to operate between the hours
of 6:00 A.M. and 1:30 A.M. on weekdays and Saturdays. In order to
operate on a Sunday, a Sunday license must also be obtained. See Sunday
licensing options. Section 311.200.5, RSMo.
6.
Class F: Retail Liquor By Drink Restaurant—Amusement - Resort
$450.00: for the sale of all kinds of intoxicating liquor by the drink
for consumption on the premises where sold. This license shall also
permit the sale of intoxicating liquor in the original package. This
license allows retailers to operate between the hours of 6: 00 A.M..
and 1: 30 A.M. on weekdays and Saturdays. In order to operate on a
Sunday, a Sunday license must also be obtained. See Sunday licensing
options. Section 311.095, RSMo.
7.
Class G: Retail Liquor By Drink - Exempt $450.00: for the sale of
all kinds of intoxicating liquor by the drink for consumption on the
premises where sold for certain charitable, fraternal, religious,
service or veterans organizations. This license allows retailers to
operate between the hours of 6:00 A.M. and 1:30 A.M. on weekdays and
Saturdays. In order to operate on a Sunday, a Sunday license must
also be obtained. See Sunday licensing options. Section 311.090, RSMo.
8.
Domestic Winery (Light Wine Brandy) Including Tasting And Sunday
Sales $7.50 Per 500 Gallons: This license allows the manufacturing
of wine or brandy in quantities not to exceed five hundred thousand
(500,000) gallons, not in excess of eighteen percent (18%) alcohol
by weight for wine, or not in excess of thirty-four percent (34%)
alcohol by weight for brandy, from grapes, berries, other fruits,
fruit products, honey, and vegetables produced or grown in the State
of Missouri, exclusive of sugar, water and spirits. A license fee
of seven dollars and fifty cents ($7.50) for each five hundred (500)
gallons or fraction thereof of wine or brandy produced up to a maximum
license fee of four hundred and fifty dollars ($450.00) shall be collected.
A domestic winery may use, in any calendar year, wine- and brandy-making
material produced or grown outside of the State of Missouri in a quantity
not exceeding fifteen percent (15%) of the manufacturer's wine entered
into fermentation in the prior calendar year. A domestic winery licensed
under this Section may offer samples of Missouri-produced wine, may
sell Missouri-produced wine and brandy in its original package directly
to consumers at the winery, and may open wine purchased by customers
so that it may be consumed on the winery premises on Monday through
Saturday between 6:00 A.M. and 12:00 Midnight and on Sunday between
9: 00 A.M.. and 10: 00 P.M. Section 311.190, RSMo.
B.
Sunday
Sales.
1.
Class Al - Sunday Original Package All Kinds License $300.00: for
the sale at retail of intoxicating liquors in the original package
in connection with a drugstore, a cigar and tobacco store, grocery
store, a general merchandise store, a confectionery or delicatessen
or a store having and keeping a stock of goods valuing at least one
thousand dollars ($1,000.00), exclusive of fixtures and intoxicating
liquor.
2.
Class D1 - Sunday 5% Beer And Wine By Drink License $300.00: for
the sale of malt liquor, not to exceed five percent (5%), and light
wine not to exceed fourteen percent (14%) alcohol by the drink for
consumption on the premises where sold. This license allows retailers
to operate between the hours of 9:00 A.M. and 12:00 Midnight on Sunday.
3.
Class El - Sunday Retail Liquor By Drink - Bar $300.00: for the sale
of all kinds of intoxicating liquor by the drink for consumption on
the premises where sold. This license allows retailers to operate
between the hours of 9: 00 A.M. and 12:00 Midnight on Sunday.
4.
Class F1 - Retail Liquor By Drink Restaurant—Amusement - Resort
$300.00: for the sale of all kinds of intoxicating liquor by the drink
for consumption on the premises where sold. This license shall also
permit the sale of intoxicating liquor in the original package. This
license allows retailers to operate between the hours of 9: 00 A.M.
and 12:00 Midnight on Sunday.
5.
Class G1 - Retail Liquor By Drink - Exempt $300.00: for the sale
of all kinds of intoxicating liquor by the drink for consumption on
the premises where sold for certain charitable, fraternal, religious,
service or veterans' organizations. This license allows retailers
to operate between the hours of 9:00 A.M. and 12:00 Midnight on Sunday.
C.
Permits.
1.
Tasting Permit $37.50.
a.
Tastings On Non-Licensed Premises: allows a winery, distiller, manufacturer,
or brewer to provide and pour distilled spirits, wine, or malt beverage
samples on non-licensed premises for tastings as long as no sales
transaction occurs. Could be used for home tasting parties.
b.
Tastings On Tax-Exempt Licensees: allows a winery, distiller, manufacturer,
or brewer to provide, furnish and pour for tasting purposes for tax-exempt
licensed premises, such as the VFW or Knights of Columbus.
c.
Tastings On Other Licensed Premises: Any winery, distiller, manufacturer,
or brewer or designated employee may provide or furnish distilled
spirits, wine, or malt beverage samples on a retail by the drink premises
or on an original package premises which has a tasting license under
Section 311. 294, RSMo. Following are various conditions/requirements:
(1)
The industry member must have permission from the person holding
the retail license, since the retail license could be suspended or
revoked should violations of the liquor laws or regulations occur
upon or about the licensed premises during such activities.
(2)
The retailer cannot be paid for the opportunity to conduct the
tasting.
(3)
Alcoholic beverages shall not be supplied to persons less than
twenty-one (21) years of age or to intoxicated persons.
(4)
Alcoholic beverages may not be consumed during hours or days
when consumption at a licensed premises is prohibited by law.
[Ord. No. 111681 §12, 11-16-1981]
There shall be no limit on any class of licenses.
[Ord. No. 111681 §13, 11-16-1981]
All fees shall be paid to the City Collector, at the time application
is made, and shall be forthwith turned over to the Treasurer. In the
event the license applied for is denied, the fee shall be returned
to the applicant; if the license is granted, then the fee shall be
deposited in the General Corporate Fund or in such other fund as shall
have been designated by the Board by proper action.
[Ord. No. 111681 §14, 11-16-1981]
The City Clerk shall keep a complete record of all such licenses
issued and shall furnish the Chief of Police with a copy thereof;
upon revocation or suspension of any license the City Clerk shall
immediately give written notice thereof to the Chief of Police.
[Ord. No. 111681 §15, 11-16-1981]
No license issued under this Chapter shall be transferable or
assignable to another person except as provided for in Section 311.250,
RSMo.
[Ord. No. 111681 §16, 11-16-1981]
Every license issued under the provisions of this Chapter shall
particularly describe the premises in which alcoholic beverages may
be sold thereunder and such license shall not be deemed to authorize
or permit the sale of alcoholic beverages at any place other than
that described therein.
[Ord. No. 111681 §17, 11-16-1981]
The holder of a license issued under this Chapter shall keep
such license continuously posted in a conspicuous place on the premises
for which such license is granted.
[Ord. No. 111681 §18, 11-16-1981]
It shall be unlawful for any person holding only a three and
two-tenths percent (3.2%) alcohol by weight beer license, to have
or to keep in or upon the premises any other alcoholic beverages of
any kind or character, other than three and two-tenths percent (3.2%)
alcohol by weight beer brewed or manufactured by the method, in the
manner and of the ingredients, required by the laws of the State,
or to sell, or offer for sale, in or upon the premises any alcoholic
beverage other than three and two-tenths percent (3.2%) alcohol by
weight beer.
[RSMo. §311.280]
It shall be unlawful for any person in this State holding a
retail liquor license to purchase any intoxicating liquor except from,
by or through a duly licensed wholesale liquor dealer in this State.
It shall be unlawful for such retail liquor dealer to sell or offer
for sale any intoxicating liquor purchased in violation of the provisions
of this Section. Any person violating any provision of this Section
shall be deemed guilty of a misdemeanor.
[Ord. No. 111681 §20, 11-16-1981]
It shall be unlawful to sell or offer for sale at retail, or
to give away, in or upon any licensed premises any alcoholic beverage
except during the hours as established by State Statute for such establishment
as applied to the City of Peculiar.
[Ord. No. 111681 §21, 11-16-1981; Ord. No. 040406B §3, 4-4-2006]
A.
Any
license issued under this Chapter may be revoked or suspended by the
Board of Aldermen for any of the following reasons:
1.
Selling, giving or otherwise supplying intoxicating liquor to a habitual
drunkard or to any person who is under or apparently under the influence
of intoxicating liquor;
2.
Knowingly permitting any prostitute, degenerate, or dissolute person
to frequent the licensed premises;
3.
Permitting on the licensed premises any disorderly conduct, breach
of the peace, or any lewd, immoral or improper entertainment, conduct
or practices;
4.
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
his license;
5.
Selling, giving, or otherwise supplying intoxicating liquor to any
person under the age of twenty-one (21) years;
6.
Selling, giving or otherwise supplying intoxicating liquors during
the period of time that the licensee is not authorized to be open;
or
|
|
for the violation, by the licensee, his agents or employees,
of any applicable provision of Federal law, State law or City ordinance,
rule or regulation. Prior to such revocation/suspension, however,
such licensee shall be given ten (10) days' written notice of the
meeting at which the Board shall consider such revocation/suspension,
and such licensee shall have the right to appear thereat with counsel
and witness in his behalf. In the event of such revocation/suspension,
no portion of the license fee paid by the licensee shall be refunded.
|
[RSMo. §311.310; Ord.
No. 021511C §1, 2-15-2011]
Any licensee under this Chapter, or his employee, who shall
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, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his parent or guardian who shall procure for, sell, give away
or otherwise supply intoxicating liquor to any person under the age
of twenty-one (21) years, or to any intoxicated person or any person
appearing to be in a state of intoxication, or to a habitual drunkard
shall be deemed guilty of a misdemeanor. 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 when serving
in the capacity as an employee of a licensed establishment.
[Ord. No. 111681 §24, 11-16-1981]
A.
Except
as otherwise provided by this Section, no minor shall assist in the
sale or dispensing of alcoholic beverages.
B.
In
any drugstore, cigar and tobacco store, a general merchandise store,
a confectionery or delicatessen, or grocery store licensed for the
sale of alcoholic beverages, where at least fifty percent (50%) of
the gross sales made consist of goods, wares, merchandise or commodities
other than alcoholic beverages in the original package, persons at
least eighteen (18) years of age may stock, arrange displays, accept
payment for and sack for carry-out alcoholic beverages. Delivery of
alcoholic beverages away from the licensed premises cannot be performed
by any one under the age of twenty-one (21) years.
[Ord. No. 111681 §16, 11-16-1981; Ord. No. 022106 §1, 2-21-2006; Ord.
No. 021908A1 §§1 — 4, 2-19-2008]
A.
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
as defined in Section 311.020, RSMo., or who is visibly intoxicated
as defined in Section 577.001, RSMo., or has 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 is guilty of a misdemeanor.
For purposes of prosecution under this Section or any other provision
of this Chapter involving an alleged illegal sale or transfer of intoxicating
liquor to a person under twenty-one (21) years of age, 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 not intoxicating liquor in such container, but
the burden of proof of such allegation is on such person, as it shall
be presumed that such a sealed container describing that there is
intoxicating liquor therein contains intoxicating liquor.
B.
For
purposes of determining violation of any provision of this Chapter,
or of 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 not intoxicating liquor
in such container, but the burden of proof of such allegation is on
such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
C.
INTOXICATED CONDITION
Definition. As used in this Section, the following terms
shall have these prescribed meanings:
A person is in an intoxicated condition when he is under
the influence of alcohol, controlled substance, or drug, or any combination
thereof.
D.
Any
person who pleads guilty or is found guilty in violation of this Section
shall be punished by a fine of not less than ten dollars ($10.00)
or not more than five hundred dollars ($500.00) or by imprisonment
in the County Jail for up to ninety (90) days, or by both fine and
imprisonment.
[RSMo. §311.320]
A.
Any
person of the age of seventeen (17) years and under the age of twenty-one
(21) years who shall represent that he has attained the age of twenty-one
(21) years for the purpose of purchasing, asking for or in any way
receiving any intoxicating liquor, except in cases authorized by law,
shall upon conviction be deemed guilty of a misdemeanor. Any person
under the age of seventeen (17) years who shall represent that he
has attained the age of twenty-one (21) years for the purpose of purchasing,
asking for or in any way receiving any intoxicating liquor, except
in cases authorized by law, may be considered a delinquent child and
may be dealt with in accordance with the provisions of Chapter 211,
RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered driver's license, identification card issued by any uniformed service of the United States or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[Ord. No. 111681 §28, 11-16-1981]
No holder of a license under this Chapter, nor any other person,
shall for any purpose whatsoever mix or permit or cause to be mixed
with any alcoholic beverage kept for sale, sold or supplied, by him
as a beverage, any drugs or form of methyl alcohol or impure form
of alcohol.
[Ord. No. 111681 §32, 11-16-1981]
No alcoholic beverage shall be drank, consumed, or publicly
exhibited in a public dining room, restaurant, restroom, soda fountain
or any place where meals or lunches and soft drinks are served, where
the owner or manager exhibits in the premises signs or placards to
the effect that alcoholic beverages shall not be drank in or about
the premises. Such signs or placards shall be of sufficient size and
in sufficient number to be easily discernible to the public view.
[Ord. No. 51980C §§1-3, 5-19-1980; Ord. No. 111681 §33, 11-16-1981; Ord.
No. 03212022, 3-21-2022]
A.
Unless
authorized by special permit, which shall be approved by the Board
of Aldermen, it shall be unlawful for any person to drink, consume,
transport, carry or possess any intoxicating beverage, except in the
original package or container and with the seal unbroken, on a public
street, sidewalk, parkway, public parking lot, or semi-public parking
lot.
B.
INTOXICATING BEVERAGE
SEMI-PUBLIC PARKING LOT
Definitions.
The term "intoxicating beverage" as used
in this Section shall be construed to mean and include any liquid
intended for human consumption containing more than one-half of one
percent (0.5%) by volume of alcohol.
The term "semi-public parking lot" shall
include any area wherein motor vehicles are parked by the public in
conjunction with any business, enterprise, commercial establishment,
office building, or apartment building.
C.
Violation and Penalty. It shall be a misdemeanor for any
person to consume any intoxicating beverage as above mentioned, and
upon conviction there shall be imposed a fine of not less than ten
dollars ($10.00) nor more than five hundred dollars ($500.00).
[Ord. No. 111681 §34, 11-16-1981; Ord. No. 040307B §1, 4-3-2007; Ord.
No. 03182019, 3-18-2019]
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 premises any intoxicating liquor
in any quantity between the hours of 9:00 A.M. and 12:00 Midnight
on Sunday unless such person has a Sunday sales license.
[Ord. No. 111681 §36, 11-16-1981]
A.
Any
person violating any provision of this Article, in addition to any
other penalties herein specified, may upon a plea of guilty or a finding
of guilty of a violation of any Section under this Article or part
thereof, be fined not in excess of five hundred dollars ($500.00)
or imprisoned up to ninety (90) days or by both such fine and imprisonment.
B.
Each
violation shall constitute a separate offense.
[Ord. No. 50481 §9, 5-4-1981]
No license shall be issued hereunder unless the applicant shall
file with the application a certificate of insurance by an insurance
company authorized to do business in the State of Missouri, certifying
that the applicant has in force and effect the insurance required
by Statute.
[Ord. No. 50481 §14, 5-4-1981]
Any licensee may renew his license at the expiration thereof,
provided that he is then qualified to receive a license and the premises
for which such renewal license is sought are suitable for such purpose;
provided further, that the renewal privilege herein provided for shall
not be construed as a vested right which shall in any case prevent
the Mayor from decreasing the number of licenses to be issued within
his jurisdiction.
[Ord. No. 50481 §15, 5-4-1981]
It shall be unlawful to peddle alcoholic liquor in the City.
[Ord. No. 50481 §16, 5-4-1981]
All premises used for the retail sale of alcoholic liquor, or
for the storage of such liquor for sale, shall be kept in full compliance
with the ordinance regulating the condition of premises used for the
storage or sale of food for human consumption.
[1]
Editor's Note: Former Section 600.350, Employees, was repealed
6-20-2023 by Ord. No. 06202023. Prior history includes Ord. No. 50481.
[Ord. No. 50481 §19, 5-4-1981]
No license shall be issued to any person for the sale at retail
of any alcoholic liquor at any store or other place of business where
the majority of customers are minors of school age or where the principal
business transacted consists of school books, school supplies, food,
lunches, or drinks for such minors.
[Ord. No. 50481 §28, 5-4-1981]
The Mayor may suspend for not more than thirty (30) days or
revoke for cause any liquor dealer's license for any violation of
any provision of this Chapter, or for any violation of any State law
pertaining to the sale of alcoholic liquor as provided by law.
