No person shall sell or offer for sale intoxicating liquor in
the City of Festus 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.
[R.O. 2009 §4-77; Ord. No. 2292 §1, 5-27-1992]
A. Individuals. No person shall be granted a license under
this Article unless such person will be actively engaged in the control
and management of the particular alcoholic beverage establishment
for which a license is sought. Such person must be at least twenty-one
(21) years of age, of good moral character, not have been convicted
of a felony and be a qualified legal voter and taxpaying citizen of
the State. No such person shall be granted a license under this Article
who has had a previous license revoked or who has been convicted,
since the ratification of the Twenty-First Amendment to the United
States Constitution, of a violation of the provisions of any law applicable
to the manufacture or sale of alcoholic beverages or who employs in
his/her business any person whose license has been revoked or who
has been convicted of violating the provisions of any such law since
the date aforesaid.
B. Partnerships. No license provided for in this Article shall
be issued to any partnership unless all members of the partnership
are persons who would be eligible for a license as individuals under
the provisions of this Article and no license shall be issued to any
partnership that has been the holder of a license that has been revoked.
C. Corporations. No license provided for in this Article shall
be issued to a corporation except in conformity with the following:
1. All officers and directors of such corporation must be of good moral
character.
2. The managing officer of the corporation is a person who is eligible
for a license as an individual under the provisions of this Article.
3. Such corporation shall not have been the holder of a license that
has been revoked.
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Any person may be designated by a corporation as its managing
officer if he/she meets the qualifications for a license to an individual
and has been a resident of the State for thirty (30) days.
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D. Right Of Possession Or Occupancy Of Premises. Applicants
for licenses under this Article must be in possession of the premises
for which the license is sought, or have the legal right to occupy
the same, before any license shall be issued.
[R.O. 2009 §4-78; Ord. No. 2292 §1, 5-27-1992]
A. Form. Applicants for a license under this Article may procure
the proper forms by written request to the Director of Liquor Control
setting forth in such request the specific type and nature of license
sought and the location desired.
B. Identification Of Applicant. Upon receipt of the application
in addition to answering all other questions thereon, the applicant
shall state his/her name and address if a person or if a firm, partnership
or association, the name and address of each member of the firm, partnership
or association so applying or, if the applicant is a corporation and
requests a license for intoxicating liquor by the drink, the names
and addresses of all its officers, members of its board of directors,
all stockholders and ownership interests shall be stated; the requirement
as to stockholders shall be dispensed with if the stock in the corporation
is publicly held.
C. Information Required. The following information shall be
required in the application:
1. The place of birth of the applicants and if the applicant is a naturalized
citizen, the date and place of naturalization;
2. Whether or not the applicant has been convicted of a felony;
3. Whether or not any distiller, wholesaler, wine maker, brewer or supplier
or coin-operated commercial, manual or mechanical amusement devices
or the employees, officers or agents thereof have any financial interest
in the retail business of the applicant for the sale of alcoholic
beverages and whether or not the applicant, either directly or indirectly,
will borrow or accept from any such persons equipment, money, credit
or property of any kind except ordinary commercial credit for liquor
sold;
4. A complete description of the plans, specifications and fixtures
in the applicant's proposed place of business, if the applicant is
for a retail license; provided however that this shall apply only
when application is for a new location or a change in the plans or
specifications within a previously established location, in addition
to the cost value of inventory other than intoxicating liquor at the
proposed place of business.
5. A statement that the applicant will not violate any of the ordinances
of the City, the laws of the State or of the United States in the
conduct of the business;
6. Whether or not the proposed location, place or premises is within
one hundred (100) feet of a school or church;
7. The type of license for which application is made;
8. If applicant is not a corporation, the names and business addresses
of the applicant's employers for a period of five (5) years prior
to the application;
9. A comprehensive and informative statement disclosing the true ownership
and management of the business; and
10. Any further reasonable information required by the City Council regarding
the location, place or premises for which a license is sought.
D. Photographs, Fingerprints Required. The application shall
be accompanied by a recent photograph of the individual signing same,
together with a recent picture of the exterior and interior of the
premises. All applicants shall be finger printed. If the applicant
is a partnership, all partners shall be fingerprinted, as well as
the managing director of a corporation. The Director of Liquor Control
in his/her discretion may make similar requirements of the officers,
directors and shareholders holding more than a ten percent (10%) interest
in such corporation. The Director of Liquor Control shall forward
the fingerprints to the Federal Department of Justice to ascertain
if the applicant has been convicted of any crime.
E. False Statements. It shall be unlawful for any person in
obtaining or attempting to obtain a license under this Article to
make any materially false statement in the application for such license.
F. Incomplete Information. It shall be unlawful for any person
to fail to make a complete disclosure of all pertinent and material
information required in the application for a license under this Article.
G. Full, True And Complete Answers Required. No license shall
be granted hereunder unless the applicant renders full, true and complete
answers to all questions contained on such application and should
an applicant make or cause to be made any false statements of a material
matter in his/her application, the same shall be deemed cause for
suspension or revocation by the Director of Liquor Control of any
license issued pursuant to such application.
H. Application For Original Package License. If an application
sought is for an original package license, an affidavit by the individual
owner or, if a partnership, all of the partners or, if a corporation,
the managing officer of the corporation must be submitted therewith
and contained therein the type of business presently engaged in or
in conjunction with which the license shall be used and further stating
that the applicant has, and at all times keeps in his/her place of
business, a stock of goods having an invoice value of at least one
thousand dollars ($1,000.00) exclusive of fixtures and intoxicating
liquors.
[R.O. 2009 §4-79; Ord. No. 2292 §1, 5-27-1992]
Priority shall be given to new applicants for licenses under
this Article on the basis of the time the application is made or by
lot, at the discretion of the City Council.
[R.O. 2009 §4-80; Ord. No. 2292 §1, 5-27-1992]
A. At
the request of the City Council, the Director of Liquor Control shall
supervise investigation of each application received for a license
under this Article, the character, background and associates of the
applicant together with the suitability of the location and surrounding
conditions of the proposed premises.
B. The
Director of Liquor Control may at any reasonable time, or upon application
for renewal, request that the Fire Chief, the City Health Officer
and the Director of Planning and Public Works make investigations
of licensed premises and the equipment and furnishings thereon to
determine if the premises are in compliance with all the requirements
of the ordinances of the City within the jurisdiction of such officers.
C. It
shall be within the discretion of the Director to request of any or
all departments an investigation in connection with renewals of existing
licenses.
D. Upon
completion of such investigation, each department shall return to
the Director a written report of same stating therein their respective
findings.
[R.O. 2009 §4-81; Ord. No. 2292 §1, 5-27-1992; Ord. No. 4387, 6-14-2017]
A. New Licenses. All license fees for new licenses, as provided for
in this Article, shall be due and payable at the time the license
application is submitted to the Director of Liquor Control. All licenses
granted under the provisions of this Chapter shall commence on the
first (1st) day of July in each and every year and shall expire on
the thirtieth (30th) day of June of the year following date of issuance.
The amount collected for any license between July first (1st) and
December thirty-first (31st) shall be a full year's license fee. The
amount collected between January first (1st) through June thirtieth
(30th) shall be one-half (1/2) the license fee.
B. License Renewals. All license fees for license renewals, as provided
for in this Article, shall be due and payable at the time the renewal
application is submitted to the Director of Liquor Control. The renewed
license shall be for twelve (12) months beginning July first (1st)
and ending June thirtieth (30th).
[R.O. 2009 §4-82; Ord. No. 2292 §1, 5-27-1992; Ord. No. 4644, 8-10-2021]
A. Generally. If an application for a license under this Article is
approved by the City Council and payment of the license fee made in
the form of a bank draft, United States or express money order, certified
check or cashier's check payable to the City for the correct
amount of the license fee, the City shall grant to the applicant a
license to operate and conduct business at the specific location in
the City for the period as set forth in the license certificate.
B. Form, Contents. All licenses granted under this Article shall be
signed by the Mayor and attested by the City Clerk with the Seal of
the City affixed thereon. Every license shall set forth the type of
license granted and shall particularly describe the premises at which
the approved alcoholic beverages may be sold thereunder, and such
license shall not be deemed to authorize or permit the sale of alcoholic
liquor at any place other than that described therein.
C. Possession Of Licensed Premises Required. No license shall be issued
unless the licensee is in present possession of the premises described
in his/her application.
D. One Licensee Per Premises. Only one (1) licensee, as provided for
by this Article, shall be allowed for any single premises at any given
time.
E. Sales-By-Drink Licenses. A license shall not be issued under this
Article for a new location or for the expansion of existing premises
until there has been compliance with the fire, health and building
code and zoning ordinances of the City.
F. Use Of Licensed Premises As Dwellings. No license shall be issued
for the sale of alcoholic beverages in or upon any structure occupied
in whole or in part as a dwelling unless such dwelling is equipped
with a separate entrance and unless there is no means of entrance
or exit from the licensed premises to the dwelling section of the
structure. This provision shall not apply to single rooms used by
night watchmen as places of periodic rest. It shall be unlawful for
any licensee to violate the provisions of this Subsection during the
terms of the license.
G. Denial, Right Of Hearing. After review by the Director, the City Council may deny an application when, it its judgment, the City Council determines that issuance of such license to the applicant would not be in the best interest of the City, or that the premises for which a license has been sought is not suitable for the sale of liquor. If an application for a license under this Article is denied by the City Council, the applicant shall be entitled to an appeal hearing under the terms of Section
600.360.
[R.O. 2009 §4-83; Ord. No. 2292 §1, 5-27-1992]
It shall be unlawful for a person to continue to hold or operate
under an alcoholic beverage license when conditions have occurred
which would render such licensee or the licensed premises ineligible
or unsuitable for such license under the provisions of this Article.
[R.O. 2009 §4-84; Ord. No. 2292 §1, 5-27-1992]
A. Before
the commencing or doing of any business for the time for which a license
has been granted under this Article, such license shall be posted
and kept displayed at all times during the term of the license in
an open and conspicuous place on the premises being operated thereunder
so that all persons visiting the premises may readily see the same.
B. No
licensee shall post such license or allow such license to be posted
upon premises other than the premises licensed or upon premises where
traffic in alcoholic beverages is being carried on by any person other
than the licensee or knowingly deface, destroy or alter any such license
in any respect.
C. All
licensees under this Article shall also keep prominently displayed
on their licensed premises at all times while their City license issued
to them or to any other person designating them or the licensed premises
as a person or place authorized by the Federal Government or State
to deal in alcoholic beverages.
[R.O. 2009 §4-85; Ord. No. 2292 §1, 5-27-1992]
All licensees under this Article shall be required at all times
to establish and prove, to the Director of Liquor Control or his/her
authorized agents and members of the Police Department, title to all
articles of personal property located on the licensed premises, except
articles of equipment and fixtures used in the regular course of business.
[R.O. 2009 §4-86; Ord. No. 2292 §1, 5-27-1992]
A. All
persons holding an alcoholic beverage license under the provisions
of this Article shall keep complete and accurate records pertaining
to their business. These records shall include a complete and accurate
record of all purchases and sales of alcoholic beverages and gross
sales of prepared meals and food. These records must include the names
and addresses of all persons from whom such alcoholic beverages are
purchased, the dates, kinds and quantities of the purchases and the
dates and amounts of payments on account.
B. Such
licensees shall also keep all files, books, records, papers, State,
County or City licenses, Federal tax stamps and accounts and memoranda
pertaining to the business conducted by them on the licensed premises
and they shall also keep all records required by the Director of Liquor
Control and upon request of the Director they shall, following notice
in advance of forty-eight (48) hours, allow an inspection and audit
to be made by the Director of such files, books, records, papers,
State, County or City licenses, Federal tax stamps and accounts and
memoranda and shall allow copies to be made and taken of them. All
records required to be kept by law or by regulation of the Director
must be kept and preserved for a period of two (2) years from the
date such record was made.
C. All
licensees holding alcoholic beverage licenses under the provisions
of this Article shall establish and maintain a uniform system of bookkeeping
and accounts according to generally accepted accounting practices.
[R.O. 2009 §4-87; Ord. No. 2292 §1, 5-27-1992]
A. Generally. No license issued under this Article shall be transferable or assignable except as provided in this Section and Sections
600.330 and
600.340; provided however, that if a licensee should obtain a buyer, lessee, sublessee or assignee for the establishment for which his/her license was issued, such buyer, lessee, sublessee or assignee shall be given preferred consideration for a license on compliance with all provisions of this Article.
B. Death Of Licensee. 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 Director of Liquor Control 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.
C. Withdrawal Of Partner From Partnership. Whenever one (1)
or more members of a partnership withdraws from the partnership, the
Director of Liquor Control, 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.
[R.O. 2009 §4-88; Ord. No. 2292 §1, 5-27-1992]
A. No
person holding a license under this Article shall make any change
in the ownership of the business without first filing with the Director
of Liquor Control, in writing, notice of intention to do so, with
an affidavit listing the names and addresses of the names of the prospective
transferee or transferees; nor shall such person make any change in
the management or control of such businesses without first notifying
the Director of Liquor Control, in writing, and by affidavit listing
the names and residential addresses of any person who may have an
interest in such business or take part in the management and control
thereof whether directly or indirectly and as a condition precedent
for such transfer shall secure in writing from the City Council after
recommendation of the Director of Liquor Control's permission to do
so.
B. Whenever
a corporation holding a license under the provisions of this Article
makes application for a change of managing officers, a charge of thirty-five
dollars ($35.00) shall be made for each such application for the purpose
of defraying the costs of investigation of each prospective managing
officer, such sum payable to the City.
C. Any
application for a sale or change in ownership or management shall
be processed when received. Nevertheless, the Director may refuse
to recommend approval to the City Council of the application by the
purchaser of the business when such licensed business is under citation
by the City or State Department of Liquor Control and the matter has
not yet been finally adjudicated.
[R.O. 2009 §4-89; Ord. No. 2292 §1, 5-27-1992]
A. A license
may, subject to the approval of the Director of Liquor Control, be
transferred to any other part of the building containing the licensed
premises if the premises sought to be licensed meets the requirements
of this Article.
B. The
Director must first approve such a transfer and the application for
permission to transfer must be in writing, together with twenty-five
dollars ($25.00) to cover investigation costs, and shall set forth:
1. The name and address of the licensee;
2. The address and legal description of the premises to which removal
is sought, together with the name and address of the landlord;
3. An affidavit by such licensee that he/she has not, since the license
was granted, violated any provisions of the liquor control ordinances
of the City; and
4. An affidavit containing any changes in the information contained
in the original application or that there have been no changes.
C. Any
application for a transfer of location shall be processed when received.
Nevertheless, the Director may refuse to recommend approval of any
transfer of the business of a licensee when such licensee is under
citation by the City or the State Department of Liquor Control and
the matter has not yet been fully adjudicated.
[R.O. 2009 §4-90; Ord. No. 2292 §1, 5-27-1992]
A. Sales-By-Drink, Restaurant-Bar License. Each person holding
a license for the sale of alcoholic beverages by the drink or a restaurant-bar
license who desires that such license be renewed shall file with the
Director of Liquor Control an application for license renewal on or
about June first (1st) and not later than June fifteenth (15th) of
each year. Failure of a licensee to file such renewal application
not later than June fifteenth (15th) of each year may be considered
abandonment or forfeiture of the current license upon expiration of
such license or permit.
B. Package And Wholesalers' Licenses. Persons desiring renewal
of licenses to sell alcoholic beverages in the original package and
licenses to manufacture or sell at wholesale alcoholic beverages shall
file such application on or about June first (1st) and not later than
June fifteenth (15th) of each year. Failure of a licensee to file
such renewal application not later than June fifteenth (15th) of each
year may be considered abandonment or forfeiture of the current license
upon expiration of such license or permit.
C. Other Licenses. Any person holding a license issued under
this Article that is not a sale-by-the-drink, restaurant bar, package
sales or wholesaler's license may renew his/her license as per the
terms of renewal regulations issued by the Director of Liquor Control.
D. Contents Of Application. The application for renewal shall
disclose in affidavit form the following information along with any
other information the Director of Liquor Control deems necessary:
1. Licensee shall state in affidavit form any changes in the information
contained in the application not previously reported or an affidavit
stating there have been no changes in the information contained in
the application.
2. Applicants for renewal of restaurant-bar licenses must furnish the
Director in the renewal application an affidavit showing that at least
fifty percent (50%) of the gross income of the restaurant bar for
the one (1) year immediately preceding the date of the application
was derived from the sale of prepared meals or food consumed on the
premises or that the gross income of the restaurant-bar for the one
(1) year immediately preceding the date of the application was at
least two hundred thousand dollars ($200,000.00) from the sale of
prepared meals or food consumed on the premises.
E. Refusal To Renew. If any affidavit contains information that does not justify such renewal or if the Director has other information that the applicant has not met all the other requirements of this Chapter, the Director may recommend to the City Council that the license not be renewed. In the event of such refusal, the applicant shall be given a hearing before the City Council in the same manner as provided in Section
600.360 for suspension or revocation proceedings.
F. Renewal Without Review. Renewals of existing licenses may
be granted without review by the City Council if the Director of Liquor
Control finds the following facts to apply:
1. The renewal application discloses no change from the application
on which the license was granted or renewed in prior years.
2. No information has come to the attention of the Director of Liquor
Control justifying a recommendation to the City Council of non-renewal.
[R.O. 2009 §4-91; Ord. No. 2292 §1, 5-27-1992]
A. Generally. The Director of Liquor Control may recommend
to the City Council the suspension or revocation of any license issued
under this Article.
B. Scope Of Authority. The Director shall recommend suspension
or revocation of a license whenever it shall be shown or whenever
he/she has knowledge that:
1. A licensee under this Article has not at all times maintained an
orderly place;
2. Such licensee or any employee, agent or servant of such licensee
has violated any of the provisions of this Chapter;
3. The license held by such person was obtained through materially false
statements in the application for such license or renewal thereof;
4. The licensee failed to make a complete disclosure of all pertinent
information in the application for such license or renewal thereof;
5. The licensee, since the issuance of such license, has ceased to be
the person actually engaged in the active control and management of
the particular establishment for which the license was issued;
6. The operation of a duly licensed liquor establishment, as contemplated
herein, is discontinued or abandoned for a period of thirty (30) days
or more; provided however, that the Director shall first give five
(5) days' written notice to the licensee of such establishment by
causing same to be served upon him/her or left at his/her last known
address and may recommend to the City Council that such license be
declared abandoned and forfeited; or
7. Anything has occurred that would render the licensee or licensed
premises ineligible or unsuitable for a license under the provisions
of this Article.
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The failure of any employee to secure a proper permit, as required
by this Chapter, shall be grounds for suspension or revocation of
retail liquor license unless it can be shown by the retail licensee
that he/she had no actual knowledge of such violation and did not
contribute thereto.
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C. Hearing Required. The City Council shall conduct a hearing
prior to suspension or revocation, having first given five (5) days'
notice to the licensee setting out the reasons for the hearing and
conditions under which the hearing may be held. The notice shall be
served upon the person to whom the license is issued or by leaving
a copy at the premises covered by the license or by mailing such notice
to the person to whom the license issued at his/her last known address
or residence address. The notice shall set forth the date, place and
time of such hearing.
D. Hearing Procedure. The licensee shall have the full right
to be represented by counsel, to produce witnesses and cross-examine
all witnesses who may appear against him/her at any hearing on suspension
or revocation of a license hereunder. Subpoenas may be issued by the
City Council for any witness whose presence is desired at any hearing
or proceeding before the City Council to suspend or revoke a license
and such subpoenas may be served by any member of the Police Department.
E. Cash Bond Prerequisite To Hearing. Should the licensee request
that the hearing be reported or transcribed, before the hearing on
suspension or revocation of a license hereunder shall be commenced,
the holder of the license in question shall post with the Director
a cash bond in the amount of five hundred dollars ($500.00) which
shall be retained by the City until a final determination has been
reached and upon ascertaining the City's costs of such hearing, the
Mayor shall instruct the City Clerk to assess the City's costs of
such hearing from the cash deposit and place same in the general funds
of the City, returning to the licensee the remaining amount, if any;
provided however, that if the costs of such hearings exceed the amount
of cash deposit, such additional costs shall be borne by the licensee.
F. Effect Of Suspension Or Revocation On License Fee. There
shall be no refund of any license fee should a majority of the members
of the City Council vote to suspend or revoke any license hereunder.
G. Licenses Subject To Suspension By Proclamation — Time Limit. All licenses issued under this Article are granted upon the express
condition that licensees hereunder shall suspend the sale of intoxicating
liquor for a period not to exceed forty-eight (48) hours whenever
so ordered by proclamation of the Mayor or Director of Liquor Control
in instances of public disturbances, riots, strikes, emergencies,
catastrophes, acts of providence or for reasons giving rise to public
necessity.
[R.O. 2009 §4-92; Ord. No. 2292 §1, 5-27-1992]
Upon information by the City Counselor or City Prosecutor that
any person has failed or refused to obey all the terms and conditions
of the subpoena or subpoena duces tecum issued by the City, the Municipal
Court shall at once issue a warrant for the arrest of the person complained
against, which warrant shall be directed to the Chief of Police and
shall be executed by him/her or any officer or member of the Police
Department.
[R.O. 2009 §4-93; Ord. No. 2292 §1, 5-27-1992]
It shall be unlawful for a licensee to fail to maintain a "closed
place" during the time of any suspension or closing order. In addition,
the license in question may be subject to further suspension or revocation
by the City Council.
[R.O. 2009 §4-116; Ord. No. 2292 §1, 5-27-1992; Ord. No. 4644, 8-10-2021]
Notwithstanding any provision of Chapter
405, or any other provision of this Code, to the contrary, any license issued under the provisions of this Article authorizing the sale of wine, intoxicating liquor, or malt liquor for consumption on the premises described in such license shall also authorize the sale of such wine, intoxicating liquor, or malt liquor by the bottle, by the glass or draught and in the original package. Such original package sales shall be in accordance with Section
600.415 of this Code and Section 311.202, RSMo.
[R.O. 2009 §4-117; Ord. No. 2292 §1, 5-27-1992; Ord. No. 2393 §1, 9-22-1993; Ord. No. 4032 §I, 4-11-2012]
The number of licenses for the sale at retail for consumption
on the premises of all kinds of intoxicating liquor by the drink or
licenses for the sale of malt liquor only at retail for consumption
on the premises where sold, issued under this Article and in force
at any one (1) time in any year shall not exceed four (4) in the area
bounded by Walnut Street on the west, Brierton on the east, South
Second Street on the south, and North Second Street on the north except
licenses issued to restaurant bars and to the Festus Park Board and/or
their authorized concessionaire shall not be counted in determining
the number of licenses which have been issued pursuant to this Section.
[Ord. No. 4644, 8-10-2021]
A. 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 Sunday sales from 6:00 A.M. on
Sundays to 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
(A)(1) of this Section.
3.
Liquor By The Drink — Malt Liquor/Wine Only. Sales of malt liquor and wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection
(A)(1) and
(4) 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
Sunday sales from 6:00 A.M. on Sundays to 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
(A)(2) of this Section.
B. 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.
on Sundays to 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.
C. Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section
600.440 below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(A)(2) and
(B) 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.
3.
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes, provided no sales transactions take place. For purposes of this Subsection
(C)(3),
a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide, furnish, or pour distilled spirits,
wine, or malt beverage samples for customer tasting purposes on any
temporary licensed retail premises as described in Section 311.218,
311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax-exempt
organization's licensed premises as described in Section 311.090,
RSMo.
[Ord. No. 4644, 8-10-2021]
A. Any person possessing the qualifications and duly licensed under Subsection
(A)(3), (4), or (5) of Section
600.410 may sell packaged alcoholic beverages to customers in containers for off-premises consumption if the container is filled on the premises by any employee of the license holder, and the employee is twenty-one (21) years of age or older.
B. Any person qualifying under Subsection
(A) of this Section must also meet the following requirements:
1.
The alcoholic beverage container must be rigid, durable, leakproof,
sealable and designed to prevent consumption without removal of the
tamperproof cap or seal;
2.
The contents of the container must not exceed one hundred twenty-eight
(128) ounces;
3.
The container must be sealed with tamperproof tape or placed
in a one-time-use, tamperproof, transparent bag that is securely sealed;
4.
The customer must order and purchase a meal in conjunction with
the packaged alcoholic beverage purchase;
5.
The customer must receive a dated receipt or electronic record
for the meal and alcoholic beverage; and
6.
The number of alcoholic beverages sold under this Section must
be limited to twice the number of meal servings sold for off-premises
consumption.
C. Any delivery of packaged liquor by a licensee shall be in accordance
with this Code, Chapter 311, RSMo., and any duly promulgated rules
or regulations of the Missouri Division of Alcohol and Tobacco Control.
[Ord. No. 4644, 8-10-2021]
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 fifty dollars ($150.00).
c.
Malt liquor — by drink: seventy-five dollars ($75.00).
d.
Malt liquor and wines — by drink: seventy-five dollars
($75.00).
e.
Intoxicating liquor (all kinds) — by drink: four hundred
fifty dollars ($450.00).
2.
Sunday Sales. (Additional fees)
a.
Intoxicating liquor — original package: three hundred
dollars ($300.00).
b.
Restaurant bars: three hundred dollars ($300.00).
c.
Amusement places: three hundred dollars ($300.00).
d.
Liquor by the drink — charitable organizations: three
hundred dollars ($300.00).
3.
Permits.
a.
Temporary permit — by the drink for certain organizations
(seven (7) days maximum): 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.
Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July 1.
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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 600.420(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. 4644, 8-10-2021]
A. 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.
B. If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 6:00 A.M.
C. 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.
D. 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.