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