[Ord. No. 4292, 7-9-2020]
When used in this Chapter, the following words shall have the
following meanings:
AMUSEMENT PLACE
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 twenty-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.
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
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 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.
MICROBREWERY
A business whose primary activity is brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
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 three (3) or more standard
bottles 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.
RESTAURANT BAR
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.
[Ord. No. 4292, 7-9-2020]
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.
[Ord. No. 4292, 7-9-2020; Ord. No. 4374, 10-14-2021]
A. No person shall sell or offer for sale intoxicating liquor in the
City of Ste. Genevieve without a currently valid liquor license issued
by the City. A separate liquor license shall be required for each
of the categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein.
B. General Licenses. Any person possessing the qualifications and meeting
the requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor:
1.
Package Liquor — Malt Liquor Only. Sales of malt liquor
at retail in the original package not for consumption on the premises
where sold. This license may include sales from 6:00 A.M. on Sundays
through 1:30 A.M. on Mondays.
2.
Package Liquor — All Kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection
(B)(1) and
(2) of this Section.
3.
Liquor By The Drink — Malt Liquor/Light Wine Only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection
(B)(1) and
(5) of this Section.
4.
Malt Liquor By The Drink. Sales of malt liquor at retail by
the drink for consumption on the premises. This license may include
sales from 6:00 A.M. on Sundays through 1:30 A.M. on Mondays.
5.
Liquor By The Drink — All Kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection
(B)(3) of this Section.
6.
Manufacturing And Brewing Of Malt Liquor By Microbrewery. Manufacturing
and brewing of malt liquor containing not in excess of five percent
(5%) of alcohol by weight and the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of malt liquors containing
not in excess of five percent (5%) of alcohol by weight, to, by or
through a duly licensed wholesaler within this State.
7.
Manufacture Of Intoxicating Liquor Not In Excess Of Twenty-Two
Percent (22%) Alcohol By Weight. Manufacturing of intoxicating liquor
containing not in excess of twenty-two percent (22%) of alcohol by
weight and the privilege of selling to duly licensed wholesalers and
soliciting orders for the sale of intoxicating liquor containing not
in excess of twenty-two percent (22%) of alcohol by weight, to, by
or through a duly licensed wholesaler within this State.
8.
Manufacturing, Distilling Or Blending Of Intoxicating Liquor.
Manufacturing, distilling or blending intoxicating liquor of all kinds
within this State and the privilege of selling to duly licensed wholesalers
and soliciting orders for the sale of intoxicating liquor of all kinds,
to, by or through a duly licensed wholesaler within this State.
9.
Sale Of Malt Liquor By Wholesaler To Duly Licensed Retailer.
Selling malt liquor by a wholesaler to a person duly licensed to sell
such malt liquor at retail and the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of malt liquor to,
by or through a duly licensed wholesaler within this State.
10.
Sale Of Intoxicating Liquor By Wholesaler To Duly Licensed Retailer.
Selling to duly licensed wholesalers and soliciting orders for the
sale of intoxicating liquor of all kinds, to, by or through a duly
licensed wholesaler within this State.
C. Sunday Sales. Any person who is licensed under the provisions of
this Chapter or who otherwise possesses the qualifications and meets
the requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor on Sundays between the hours of 6:00 A.M.
through 1:30 A.M. on Mondays:
1.
Package Liquor — All Kinds. Sales of liquor of all kinds
in the original package at retail not for consumption on the premises
where sold.
2.
Liquor By The Drink — Restaurant Bar. Sales of liquor
of all kinds by the drink at retail for consumption on the premises
of any restaurant bar.
3.
Liquor By The Drink — Amusement Place. Sales of liquor
of all kinds by the drink at retail for consumption on the premises
of any amusement place.
4.
Liquor By The Drink — Place Of Entertainment. Sales of
liquor of all kinds by the drink at retail for consumption on the
premises of any place of entertainment.
D. Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section
600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(3) and
(C) 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. 4292, 7-9-2020]
A. Package Sales, Limitations. No license shall be issued 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 or law.
B. Temporary Permit For Sale By Drink — Certain Organizations.
1.
The City Clerk may issue a permit for the sale of intoxicating
liquor for consumption on premises where sold to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for sale 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.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3.
At the same time that an applicant applies for a permit under
the provisions of this Subsection, the applicant shall notify the
Director of Revenue of the holding of the event by certified mail
and by such notification shall accept responsibility for the collection
and payment of any applicable sales tax.
4.
No provision of law or rule or regulation of the City shall
be interpreted as preventing any wholesaler or distributor from providing
customary storage, cooling or dispensing equipment for use by the
permit holder at such picnic, bazaar, fair or similar gathering.
C. Operating Hours, Days.
1.
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.
2.
When January first (1st), March seventeenth (17th), July fourth
(4th) or December 31st falls on Sunday, and on the Sundays prior to
Memorial Day and Labor Day and on the Sunday on which the national
championship game of the National Football League is played, commonly
known as "Super Bowl Sunday," any person having a license to sell
intoxicating liquor by the drink may be open for business and sell
intoxicating liquor by the drink under the provisions of his/her license
on that day from the time and until the time which would be lawful
on another day of the week, notwithstanding any provisions of this
Chapter to the contrary.
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 Board. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
E. Druggists May Sell And Physicians Prescribe Liquor. Any druggist
may have in his/her possession intoxicating liquor purchased by him/her
from a licensed vendor under a license pursuant to State law, or intoxicating
liquor lawfully acquired at the place of acquisition and legally transported
into this State, and lawfully inspected, gauged and labeled as provided
by State law; such intoxicating liquor to be used in connection with
the business of a druggist in compounding medicines or as a solvent
or preservant; provided, that nothing in this Chapter shall prevent
a regularly licensed druggist, after he/she procures a license therefor,
from selling intoxicating liquor in the original package but not to
be drunk or the packages opened on the premises where sold; and provided,
further, that nothing in this Chapter shall be construed as limiting
the right of a physician to prescribe intoxicating liquor in accordance
with his/her professional judgment for any patient at any time or
prevent a druggist from selling intoxicating liquor to a person on
prescription from a regularly licensed physician as above provided.
[Ord. No. 4292, 7-9-2020]
A. 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.
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.
[Ord. No. 4292, 7-9-2020]
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: seventy-five dollars ($75.00).
b.
Intoxicating liquor (all kinds) — original package: one
hundred dollars ($100.00).
c.
Malt liquor — by drink: seventy-five dollars ($75.00).
d.
Malt liquor and light wines — by drink: seventy-five dollars
($75.00).
e.
Intoxicating liquor (all kinds) — by drink: two hundred
fifty dollars ($250.00).
f.
For the consumption of intoxicating liquor on the premises in
what are commonly known as "setup" places: ninety dollars ($90.00).
2.
Sunday Sales. (Additional fees).
a.
Intoxicating liquor — original package: one hundred fifty
dollars ($150.00).
b.
Restaurant bars: one hundred fifty dollars ($150.00).
c.
Amusement places: one hundred fifty dollars ($150.00).
3.
Permits.
a.
Temporary permit — by the drink for certain organizations
(seven (7) days max.): thirty-seven dollars and fifty cents ($37.50).
b.
Tasting permit: thirty-seven dollars and fifty cents ($37.50).
c.
Caterers: fifteen dollars ($15.00) per each calendar day.
4.
Additional Fees.
a.
The manufacturing and brewing of malt liquor (microbrewery):
three hundred seventy-five dollars ($375.00).
b.
For the manufacturing of intoxicating liquor containing not
in excess of twenty-two percent (22%) of alcohol by weight: three
hundred dollars ($300.00).
c.
For the manufacturing, distilling or blending of intoxicating
liquor of all kinds: six hundred seventy-five dollars ($675.00).
d.
For the sale of malt liquor by a wholesaler to a person duly
licensed to sell such malt liquor at retail: one hundred fifty dollars
($150.00).
e.
For the sale of intoxicating liquor of all kinds by a wholesaler
to a person duly licensed to sell such intoxicating liquor at retail:
three hundred seventy-five dollars ($375.00).
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 1st.
C. The provisions of this Section shall not apply to churches, church
organizations and other organizations who sell intoxicating liquor,
or setups only to bona-fide dues paying members.
[Ord. No. 4292, 7-9-2020]
A. The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section
600.040(A)(3)(c) above, or fraction thereof, for which the permit is issued.
B. Except as provided in Subsection
(C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C. Notwithstanding any other law to the contrary, any caterer who possesses
a valid State and valid local liquor license may deliver alcoholic
beverages, in the course of his/her catering business. A caterer who
possesses a valid State and valid local liquor license need not obtain
a separate license for each City the caterer delivers in, so long
as such City permits any caterer to deliver alcoholic beverages within
the City.
D. To assure and control product quality, wholesalers may, but shall
not be required to, give a retailer credit for intoxicating liquor
with an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
[Ord. No. 4292, 7-9-2020]
A. It shall be unlawful for any person operating any premises where
food, beverages or entertainment are sold or provided for compensation,
who does not possess a license for the sale of intoxicating liquor
to permit the drinking or consumption of intoxicating liquor on the
premises, without having a license as in this Section provided.
B. Application for such license shall be made to the Supervisor of Alcohol and Tobacco Control on forms to be prescribed by him/her, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in Section
600.040(A)(1)(f).
C. Any person licensed under this Section shall be required to comply
with all of the provisions of this Chapter.
D. Nothing in this Section shall be construed to prohibit the sale or
delivery of any intoxicating liquor during any of the hours or on
any of the days specified in this Section by a wholesaler licensed
under the provisions of Section 311.180, RSMo., to a person licensed
to sell the intoxicating liquor at retail.
E. No intoxicating liquor may be served or sold on any premises used
as a polling place on election day.
[Ord. No. 4292, 7-9-2020]
A. The Board of Aldermen hereby approves the following revised rules
for each annual Jour de Fete during the 2nd full weekend in August:
1.
Sale of alcoholic beverages by temporary liquor permittees shall
be allowed during the hours from 10:00 A.M. to 10:00 P.M. on Saturday
and during the hours of 11:00 A.M. to 6:00 P.M. on Sunday. No sale
of alcohol shall be allowed on Friday.
2.
Alcoholic beverages permitted to be sold by temporary liquor
permittees shall include beer, wine coolers, wine, and premixed alcohol
drinks with a maximum percentage of alcohol allowed not to exceed
fifteen percent (15%) by volume. No other alcoholic beverages shall
be allowed.
[Ord. No. 4292, 7-9-2020]
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. Qualifications. Neither the applicant nor any officer, director or
shareholder of a corporate applicant shall have been convicted of
a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
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.
D. Applications for renewal of licenses must be filed on or before the
1st day of May of each calendar year. Such renewal application shall
be reviewed by the Board at its next meeting. Upon approval of the
majority of the Board and payment of the license fee provided herein,
the Clerk shall renew the license. In the event that any person residing
or conducting businesses within two hundred (200) feet of the applicant's
place of business shall file a written protest against the renewal
of such license, the Board shall conduct a hearing on the application
for license renewal as provided in this Subsection.
[Ord. No. 4292, 7-9-2020]
A. Persons Eighteen (18) Years of Age or Older May Sell or Handle Liquor
Or Beer, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for and sack for carry-out intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor but which does not sell intoxicating liquor at retail, persons
at least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
4.
Persons eighteen (18) years of age or older may, when acting
in the capacity of a waiter or waitress, accept payment for or serve
intoxicating liquor in places of business which sell food for consumption
on the premises if at least fifty percent (50%) of all sales in those
places consists of food; provided that nothing in this Section shall
authorize persons under twenty-one (21) years of age to mix or serve
across the bar intoxicating beverages.
B. Sales To 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.
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 as defined in Section
600.010 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 in violation of this Section.
2.
The provisions of this Subsection shall not apply to a student
who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a
student in a culinary course;
c.
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
d.
Tastes a beverage under Subsection
(D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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.
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E. For purposes of prosecution under this Section, 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.
[Ord. No. 4292, 7-9-2020]
A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee 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.
B. Any retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor with an alcohol content of less than
five percent (5%) by weight to the consumer in an original carton
received from the wholesaler that has been mutilated, torn apart or
cut apart; or
2.
Repackage intoxicating liquor with an alcohol content of less
than five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C. Mixing Liquor With Drugs Prohibited. No licensee, or any other person,
shall for any purpose whatsoever mix or permit or cause to be mixed
with any intoxicating liquor kept for sale, sold or supplied by him/her
as a beverage any drug or form of methyl alcohol or impure form of
alcohol.
D. Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful
for any person to sell any intoxicating liquor which has not been
inspected and labeled according to the provisions of the Liquor Control
Law of Missouri, and any such person upon conviction shall have his/her
license revoked and shall be ineligible to receive any subsequent
liquor license for a period of two (2) years thereafter.
E. Only Those Liquors Authorized By License To Be Kept On Premises.
1.
It shall be unlawful for any licensee licensed for the sale
of intoxicating liquor at retail by the drink for consumption on the
premises to keep in or upon the premises described in such license
any intoxicating liquor other than the kind of liquor expressly authorized
to be sold by such licensee.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor with an alcohol content of less than
five percent (5%) by weight to the consumer in an original carton
received from the wholesaler that has been mutilated, torn apart or
cut apart; or
b.
Repackage intoxicating liquor with an alcohol content of less
than five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her employee
or agent, to sell or supply intoxicating liquor, or permit such to
be sold or supplied, to a habitual drunkard or to any person who is
under or apparently under the influence of intoxicating liquor.
G. Drinking In Public Places Prohibited. Notwithstanding any other provision
of this Chapter to the contrary:
1.
For purposes of this Section, the term "public place" shall
mean any public street, highway, alley, sidewalk, thoroughfare or
other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or
on any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
[Ord. No. 4292, 7-9-2020]
A. Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke any license or permit granted pursuant to this Chapter for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section
600.110 of this Chapter.
B. Grounds For Suspension Or Revocation. A license or permit issued
pursuant to this Chapter may be suspended or revoked for any of the
following reasons:
1.
Violating any of the provisions of either this Chapter, Chapters
311 or 312, RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the Missouri Department
of Public Safety, Alcohol and Tobacco Control;
3.
Making any false statement in an application for a license or
permit under this Chapter;
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 the license;
5.
Selling, offering for sale, possessing or knowingly permitting
the consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
6.
Selling, giving, or otherwise supplying intoxicating liquor
to:
a.
Any person under the age of twenty-one (21) years;
b.
Any person during unauthorized hours on the licensed premises;
c.
A habitual drunkard or to any person who is intoxicated; or
d.
Any person on the licensed premises during a term of suspension
as ordered by the Board.
7.
The commission of any felony offense by the licensee. For the
purposes of this Section, licensee includes any of the officers or
managers of licensee if the licensee is a corporation or company.
8.
Operation of the establishment in such a manner that it constitutes
a nuisance.
C. Automatic Revocation/Suspension. A license shall be revoked automatically
if the licensee's State liquor license is revoked or if the licensee
pleads guilty or is found guilty in any court of any violation of
Chapter 311 or Chapter 312, RSMo., or of any felony violation of Chapter
579, RSMo., in the course of business. A license shall be suspended
automatically if the licensee's State liquor license is suspended,
and the suspension shall be for a term not less than that imposed
by the State.
D. Effect Of Suspension. No person whose license shall have been suspended
by order of the Board shall sell or give away any intoxicating liquor
during the time such suspension is in effect. Any licensee desiring
to keep premises open for the sale of food or merchandise during the
period of suspension shall display the Board's order of suspension
in a conspicuous place on the premises so that all persons visiting
the premises may readily see the same.
[Ord. No. 4292, 7-9-2020]
A. The Board may, after public hearing, suspend or revoke any license issued under this Chapter as authorized by Section
600.100 of the City's Code.
B. Notice of the public hearing as provided in Subsection
(A) of this Section shall be given, in writing, to the licensee, either personally or by certified mail addressed to the licensee at the address given for the premises licensed in the application for liquor license, at least ten (10) days prior to the date the hearing is set. Notice provided by certified mail is effective the date of the mailing. The notice shall state the purpose of the hearing and such additional information necessary to appraise the licensee of the nature of the proceedings against licensee.
C. When the Board renders its decision, it shall notify the licensee,
in writing, of its decision within forty-eight (48) hours.
D. Any person whose license is suspended or revoked by the Board may
appeal such suspension or revocation to the Circuit Court of the County
by filing a written notice of such appeal in the manner prescribed
by the Missouri Supreme Court Rules. Such an appeal will stay the
enforcement of the Board's decision.
[Ord. No. 4292, 7-9-2020]
A. 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 (11) inches by fourteen (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.
B. Any employee of the Supervisor of Alcohol and Tobacco Control may
report a violation of this Section to the Supervisor, and the Supervisor
shall issue a warning to the licensee of the violation.