[R.O. 2017 § 600.005]
Alcohol is, by law, an age-restricted
product that is regulated differently than other products. The provisions
of this Chapter establish vital regulation of the sale and distribution
of alcoholic beverages in order to promote responsible consumption,
combat illegal underage drinking, and achieve other important policy
goals such as maintaining an orderly marketplace composed of licensed
alcohol producers, importers, distributors, and retailers.
[R.O. 2017 § 600.010]
When used in this Chapter, the following
words shall have the following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
FINANCIAL INTEREST
All interest, legal or beneficial, direct or indirect, in
the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or in consideration of interest
in, or for use of, the capital devoted to the enterprise, or for property
or money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
[Ord. No. 21-16, 11-16-2021]
GOOD MORAL CHARACTER
Honesty, fairness, and respect for the rights of others and
for the laws of the State and nation.
[Ord. No. 21-16, 11-16-2021]
1.
The following factors shall be considered when making a determination
of whether an applicant or licensee under this Chapter has good moral
character:
a.
The nature and character of the business for which the license
is sought;
b.
The manner in which the person has conducted his/her/its business;
and
c.
The manner in which the person has observed or violated the
law.
2.
If a person has been convicted of a crime of the State of Missouri
or the United States of America, or of any crime of any other State
or Country that would have been a crime under the laws of the State
of Missouri, or an offense of this City, the following factors shall
also be weighed in determining if a person has good moral character:
a.
The type of crime(s) or offense(s) for which a person has been
convicted;
b.
The circumstances surrounding the crime(s) or offense(s) for
which a person has been convicted;
c.
The proximity in time of the conviction(s) to the application
for a license;
d.
The conduct of the person since the date of conviction; and
e.
Whether the crime the person is convicted of is reasonably related
to the competency of the person to exercise the licensed business.
3.
Notwithstanding the foregoing, a conviction cannot be the sole
grounds on which a person is determined to lack good moral character.
If a person is pardoned from a conviction, the underlying guilt for
the crime or offense may still be evidence of such person's good moral
character.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) and using the ingredients set out in Section 311.490,
RSMo.
MICROBREWERY
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
[Ord. No. 21-16, 11-16-2021]
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
RESIDENT CORPORATION
A corporation incorporated under the laws of the State of
Missouri, all the officers and directors of which, and all the stockholders,
who legally and beneficially own or control sixty percent (60%) or
more of the stock in amount and in voting rights, shall be qualified
legal voters and taxpaying residents of the City or County in which
they reside and who shall have been bona fide residents of the State
of Missouri for a period of three (3) years continuously immediately
prior to the date of filing of application for a license, provided
that a stockholder need not be a voter or a taxpayer, and all the
resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this law; provided, that no corporation,
licensed under the provisions of this Chapter on January 1, 1947,
nor any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code, shall be disqualified by reason of the new requirements herein,
except corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight, or owned
or controlled, directly or indirectly, by non-resident persons, partnerships
or corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight.
[Ord. No. 21-16, 11-16-2021]
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.
[Ord. No. 21-16, 11-16-2021]
WINE MANUFACTURER
Any person, partnership, association of persons, or corporation who has procured a license under Section
600.020(B)(2) or
(4) and who manufactures in excess of two hundred (200) gallons of wine per calendar year.
[Ord. No. 21-16, 11-16-2021]
WINERY
Any establishment at which wine is made.
[Ord. No. 21-16, 11-16-2021]
[R.O. 2017 § 600.015]
The sale of any intoxicating liquor
except malt liquor, in the original package, in any quantity less
than fifty (50) milliliters shall be deemed "sale by the drink" and
may be made only by a holder of a retail liquor dealer's license and,
when so made, the container in every case shall be emptied and the
contents thereof served as other intoxicating liquors sold by the
drink are served.
[R.O. 2017 § 600.020; Ord. No. 21-16, 11-16-2021]
A. No person shall, either by himself/ herself
or through the use of agents or servants, engage in the manufacture,
brewing, distillation, blending, sale, offering for sale or distribution
of intoxicating liquor within the City of Battlefield at wholesale
or retail, or solicit orders for the sale of intoxicating liquor within
the City, without first having obtained a license authorizing such
manufacture, brewing, distillation, blending, sale, offering for sale
or distribution in compliance with the terms of this Chapter. A separate
license shall be required for each place of business.
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.
Manufacturers Of Malt Liquor. Manufacturing
and brewing malt liquor containing not in excess of five percent (5%)
of alcohol by weight and 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 City.
2.
Manufacturers Of Liquor, Less Than
Twenty-Two Percent (22%) Alcohol By Weight. Manufacturing intoxicating
liquor containing alcohol not in excess of twenty-two percent (22%)
of alcohol by weight and 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 City.
3.
Manufacturers Of Liquor Of All Kinds.
Manufacturing, distilling or blending intoxicating liquor of all kinds
within the City and 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 City.
4.
Manufacturing Wine Or Brandy. Manufacturing
wine or brandy in quantities not to exceed five hundred thousand (500,000)
gallons, not in excess of eighteen percent (18%) of alcohol by weight
for wine, or not in excess of thirty-four percent (34%) of alcohol
by weight for brandy, from grapes, berries, other fruits, fruit products,
honey, and vegetables produced or grown in the state of Missouri,
exclusive of sugar, water and spirits.
5.
Sale To Wholesalers Of Malt Liquor.
Selling to duly licensed wholesalers and soliciting orders for the
sale of malt liquor containing not in excess of five percent (5%)
of alcohol by weight, to, by or through a duly licensed wholesaler
within this City.
6.
Sale To Wholesalers Of Liquor, Less
Than Twenty-Two Percent (22%) Alcohol By Weight. 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 City.
7.
Sale To Wholesalers Of Liquor Of
All Kinds. 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 City.
8.
Microbrewery. Manufacturing beer
and malt liquor in quantities not to exceed ten thousand (10,000)
barrels per annum.
9.
Wholesalers, Malt Liquor. Selling
intoxicating liquor containing not in excess of five percent (5%)
of alcohol by weight by a wholesaler to a person duly licensed to
sell such malt liquor at retail and selling to duly licensed wholesalers
and soliciting orders for the sale of malt liquor containing not in
excess of five percent (5%) of alcohol by weight, to, by or through
a duly licensed wholesaler within this City.
10.
Wholesalers, Less Than Twenty-Two
Percent (22%) Alcohol By Weight. Selling intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight by
a wholesaler to a person duly licensed to sell such intoxicating liquor
at retail and 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 City.
11.
Wholesalers Of Liquor Of All Kinds.
Selling intoxicating liquor of all kinds by a wholesaler to a person
duly licensed to sell such intoxicating liquor at retail and 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 City, except that a license authorizing the
holder to sell to duly licensed wholesalers and to solicit orders
for sale of intoxicating liquor, to, by or through a duly licensed
wholesaler, shall not entitle the holder thereof to sell within the
City, direct to retailers.
12.
Package Liquor, Malt Liquor Only.
Sales of malt liquor at retail in the original package not for consumption
on the premises where sold.
13.
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)(12) of this Section.
14.
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.
15. Malt Liquor By The Drink. Sales of malt liquor at retail by the drink
for consumption on the premises where sold.
16. Liquor By The Drink, All Kinds. Sales of all kinds of intoxicating liquor, at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection
(B)(13) of this Section.
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, who is
licensed to sell intoxicating liquor at retail, may apply for a license
to sell intoxicating liquor at retail on Sundays between the hours
of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
D. Permits.
1.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements of, 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.
Caterer's Permits. Any person who possesses the qualifications, meets the requirements of, and complies with the provisions of Section
600.030(D) or
(E) below may apply for a special caterer's permit.
3. Tasting Permit. Any person who possesses the qualifications, meets the requirements of, and complies with the provisions of Section
600.030(I) below may apply for a tasting permit.
E. Manufacture For Personal Use.
1.
Notwithstanding Subsection
(A) of this Section
600.020, no person at least twenty-one (21) years of age shall be required to obtain a license to manufacture intoxicating liquor for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred (200) gallons per calendar year if there are two (2) or more persons over the age of twenty-one (21) years in such household, or one hundred (100) gallons per calendar year if there is only one (1) person over the age of twenty-one (21) years in such household. Any intoxicating liquor manufactured under this Subsection
(E) shall not be sold or offered for sale.
2.
Beer brewed under this Subsection
(E) may be removed from the premises where brewed for personal or family use, including use at organized events, exhibitions, or competitions, such as home brewer contests, tastings, or judging. The use may occur off licensed retail premises, on any premises under a temporary retail license issued under Section
600.020(D)(1) or
(2).
3.
Any beer brewed under this Subsection
(E) used at an organized event where an admission fee is paid for entry, at which the beer is available without a separate charge, shall not be deemed a sale of beer, provided that the person who brewed the beer receives none of the proceeds from the admission fee and all consumption is conducted off licensed retail premises, under the premises of a temporary retail license issued under Section
600.020(D)(1) or
(2).
[R.O. 2017 § 600.030; Ord. No. 21-16, 11-16-2021]
A. Package Sales, Limitations.
1. 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.
2. Any person who is licensed to sell intoxicating liquor in the original package at retail may sell from thirty-two (32) to one hundred twenty-eight (128) fluid ounces of draft beer to customers in containers filled by any employee of the retailer on the premises for consumption off such premises. Any employee of the licensee shall be at least twenty-one (21) years of age to fill containers with draft beer. No wholesaler, distributor, or manufacturer of intoxicating liquor may furnish dispensing or cooling equipment, or such containers referenced herein to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Section
600.020(B)(13). Such containers shall comply with the requirements of Section 311.201, RSMo.
B. Retail
Sales For Consumption On Premises.
1. Any person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a self-dispensing system, which
is monitored and controlled by the licensee and allows patrons of
the licensee to self-dispense beer or wine. Before a patron may dispense
beer or wine, an employee of the licensee must first authorize an
amount of beer or wine, not to exceed thirty-two (32) ounces of beer
or sixteen (16) ounces of wine per patron per authorization, to be
dispensed by the self-dispensing system.
2. Nothing in this Chapter shall be interpreted to allow any wholesaler,
distributor, or manufacturer of intoxicating liquor to furnish self-dispensing
or cooling equipment or provide services for the maintenance, sanitation,
or repair of self-dispensing systems.
C. Temporary Permit For Sale By Drink —
Certain Organizations.
1.
The Board of Aldermen may issue a
permit for the sale of all kinds of intoxicating liquor, including
intoxicating liquor in the original package, at retail by the drink
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 6:00 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.
D. Temporary
Permit For Sale By Drink: Caterers.
1. The Board of Aldermen 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.
2. Except as provided in Subsection
(D)(3) of this Section, all provisions of Chapter 311, RSMo., and this Chapter shall extend to the premises in which such function, occasion or event is held and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
3. 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 Subsection
(D).
E. Special
Caterer's License.
1. The Board of Aldermen may issue a special license 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 special license shall be effective for a maximum of
fifty (50) days during any year, 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.
2. The Board of Aldermen may issue a special license 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 special license shall be effective for an unlimited
number of functions, occasions, or events during the year, 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.
3. Caterers issued a special license pursuant to Subsection
(E)(1) and
(2) of this Section shall report to the City Clerk the location of each function, occasion, or event three (3) business days in advance. The report of each function, occasion, or event shall include permission from the property owner, description of the premises, and the date or dates the function, occasion, or event will be held.
4. Except as provided in Subsection
(E)(5) of this Section, all provisions of Chapter 311, RSMo., and this Chapter shall extend to the premises in which such function, occasion, or event is held and shall be in force and enforceable during all the time that the licensee, its agents, servants, employees, or stock are in such premises. Any special license issued under this Subsection
(E) of this Section shall allow the sale of intoxicating liquor in the original package.
5. 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 of her catering business.
6. 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 license number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering function, occasion, or event.
F. 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 1, March 17, July 4,
or December 31 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.
G. 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 of Aldermen. Any change of location of
the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
H. 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.
I. Tastings.
1. Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter and who is licensed to sell intoxicating liquor in the original package at retail may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises. Nothing in this Subsection
(I)(1) shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
2. 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,
a "sales transaction" shall mean an actual and immediate exchange
of monetary consideration for the immediate delivery of goods at the
tasting site.
3. 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
600.020(D)(1) or
(2).
4. Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine, or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section
600.030(I)(1) or hold a by-the-drink-for-consumption-on-the-premises-where-sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
a. Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer, or
brewer or by a sampling service retained by the retailer, winery,
distiller, manufacturer, or brewer. All sampling service employees
that provide and pour intoxicating liquor samples on a licensed retail
premises shall be required to complete a server training program approved
by the Division of Alcohol and Tobacco Control.
b. Any distilled spirits, wine, or malt beverage sample provided by
the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
J. Microbreweries.
1. Notwithstanding any other provision of this Chapter to the contrary,
the holder of a microbrewer's license may apply for, and the City
may issue, a license to sell all kinds of intoxicating liquor by the
drink at retail for consumption on the premises of the microbrewery
or in close proximity to the microbrewery. No holder of a microbrewer's
license, or any employee, officer, agent, subsidiary, or affiliate
thereof, shall have more than ten (10) licenses to sell intoxicating
liquor by the drink at retail for consumption on the premises.
2. The holder of a microbrewer's license may also sell beer and malt
liquor produced on the brewery premises to duly licensed wholesalers.
However, holders of a microbrewer's license shall not, under any circumstances,
directly or indirectly, have any financial interest in any wholesaler's
business, and all such sales to wholesalers shall be subject to the
restrictions of Sections 311.181 and 311.182, RSMo.
K. Restaurant
Bars.
1. Notwithstanding any other provision of law, it shall not be unlawful
for the owner, operator, or employees of a restaurant bar to allow
patrons to carry out one (1) or more bottles of unfinished wine, nor
shall it be unlawful for patrons of such restaurant bar to carry out
one (1) or more bottles of unfinished wine under the following conditions:
a. The patron must have ordered a meal;
b. The bottle or bottles of wine must have been at least partially consumed
during the meal;
c. The restaurant bar must provide a dated receipt for the unfinished
bottle or bottles of wine; and
d. The restaurant bar must securely reseal the bottle or bottles of
wine and place them in one (1) or more one-time-use, tamper-proof,
transparent bags and securely seal the bags.
2. Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection
(K)(1) of this Section, in a vehicle, shall be considered to have violated any local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamper-proof, transparent bags with the seals intact.
3. Notwithstanding any other provision of law to the contrary, any restaurant
bar without an on-site brewery that serves twenty (20) or more different
types of draft beer may sell thirty-two (32) fluid ounces or more
of such beer to customers for consumption off the premises of such
restaurant bar.
L. Wineries.
1. Notwithstanding any other provision of law, it shall be lawful for
the owner, operator, or employees of a winery to allow patrons to
carry out one (1) or more bottles of unfinished wine and it shall
be lawful for patrons of such winery to carry out one (1) or more
bottles of unfinished wine under the following conditions:
a. The bottle or bottles of wine must have been at least partially consumed
at the winery;
b. The winery must provide a dated receipt for the unfinished bottle
or bottles of wine; and
c. The winery must securely reseal the bottle or bottles of wine and
place them in one (1) or more one-time-use, tamper-proof, transparent
bags and securely seal the bags.
2. Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection
(L)(1) of this Section shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamper-proof, transparent bags with the seals intact.
M. Manufacturing
Of Wine Or Brandy.
1. A manufacturer of wine or brandy licensed under Section
600.020(B)(4) may use in any calendar year such wine- and brandy-making material produced or grown outside the State of Missouri in a quantity not exceeding fifteen percent (15%) of the manufacturer's wine entered into fermentation in the prior calendar year.
2. In any year when a natural disaster causes substantial loss to the
Missouri crop of grapes, berries, other fruits, fruit products, honey
or vegetables from which wines are made, Section 311.190, RSMo., authorizes
the Director of the Department of Agriculture to determine the percent
of loss and allow a certain additional percent, based on the prior
calendar year's production of such products, to be purchased outside
the State of Missouri to be used and offered for sale by Missouri
wineries.
3. A manufacturer licensed under Section
600.020(B)(4) may purchase and sell bulk or packaged wines or brandies received from other manufacturers licensed under Section 311.190, RSMo., and may also purchase in bulk, bottle and sell to duly licensed wineries, wholesalers and retail dealers on any day except Sunday, and a manufacturer licensed under Section 311.190, RSMo., may offer samples of wine, may sell wine and brandy in its original package directly to consumers at the winery, and may open wine so purchased by customers so that it may be consumed on the winery premises on Monday through Saturday between 6:00 A.M. and 12:00 Midnight and on Sunday between 9:00 A.M. and 10:00 P.M.
[R.O. 2017 § 600.055; Ord. No. 21-16, 11-16-2021]
No license shall be granted for the sale of intoxicating liquor
within one hundred (100) feet of any school, church or other building
regularly used as a place of religious worship; except that when a
school, church or place of worship shall thereafter be established
within one hundred (100) feet of any place of business licensed to
sell intoxicating liquor, renewal of the license shall not be denied
for this reason. This Section shall not apply to a holder of a license
issued pursuant to Section 311.090, 311.218 or 311.482, RSMo., or
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.
[R.O. 2017 § 600.040; Ord. No. 21-16, 11-16-2021]
A. A business license and a liquor license is required for each place of business, and the following liquor license fees for the licenses as described in Section
600.020 of this Code shall be paid annually:
1.
General Licenses.
a.
Manufacturers of malt liquor: $375.00.
b.
Manufacturers of liquor, less than twenty-two percent (22%)
alcohol by weight $300.00.
c.
Manufacturers of liquor of all kinds: $675.00.
d.
Manufacturers of wine or brandy: $5.00 for each five hundred
(500) gallons or fraction thereof of wine or brandy produced up to
a maximum license fee of $300.00.
e. Sale to wholesalers of malt liquor: $75.00.
f. Sale to wholesalers of liquor, less than twenty-two percent (22%)
alcohol by weight: $150.00.
g. Sale to wholesalers of liquor of all kinds: $675.00.
h. Microbrewery: a license fee of $5.00 for each one hundred (100) barrels
or fraction thereof, up to a maximum license fee of $250.00.
i. Wholesalers, malt liquor: $150.00.
j. Wholesalers, less than twenty-two percent (22%) alcohol by weight:
$300.00.
k. Wholesalers of liquor of all kinds: $750.00.
l. Malt liquor, original package: $75.00.
m. Intoxicating liquor (all kinds), original package: $150.00.
n. Malt liquor, by drink: $75.00.
o. Malt liquor and light wines, by drink: $75.00.
p.
Intoxicating liquor (all kinds), by drink: $450.00.
2.
Sunday sales: three hundred dollars
($300.00).
3.
Permits.
a.
Temporary permit, original package [seven (7) days maximum]:
$10.00 per day.
b.
Temporary permit, for sale by drink [seven (7) days maximum]:
$10.00 per day.
c. Special caterer's license [fifty (50) days maximum]: $500.00 per
year.
d. Special caterer's license (unlimited number of functions): $1,000.00
per year.
B. 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.
[R.O. 2017 § 600.046]
A special permit shall be issued
to an out-of-state manufacturer of intoxicating liquor who is not
licensed in the State of Missouri for participation in festivals,
bazaars, or similar events. Registration requirements under Section
311.275, RSMo., shall be waived for such event. The amount of intoxicating
liquor shipped in the State under this permit shall not exceed two
hundred (200) gallons. Excise taxes shall be paid by the licensed
manufacturer that holds a retail license organizing the event in the
same manner as if it were produced or purchased by the manufacturer.
A permit issued under this Section by the City shall be valid for
no more than seventy-two (72) hours. An applicant shall complete a
form provided by the City and the Supervisor of Alcohol and Tobacco
Control and pay a fee of thirty-seven dollars and fifty cents ($37.50)
before a special permit shall be issued.
[R.O. 2017 § 600.050; Ord. No. 21-16, 11-16-2021]
A. Prerequisite
To Grant Of License. No license required by this Chapter shall be
granted by the Board of Aldermen unless application has been made
as required in this Chapter.
B. Requirements Of Applicant.
1. No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and a taxpaying resident of the City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying resident of the City; and, except as otherwise provided under Subsection
(B)(6) of this Section, no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the 21st amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his or her business as such dealer any person whose license has been revoked unless five (5) years have passed since the revocation as provided under Subsection
(B)(5) of this Section, or who has been convicted of violating such law since the date aforesaid; provided, that nothing contained in this Section shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler, within this City.
2. No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law except as otherwise provided under Subsection
(B)(5) and
(6) of this Section, or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st amendment to the Constitution of the United States, or shall not be a person of good moral character.
3. No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor. The Division of Alcohol and Tobacco
Control shall promulgate rules to enforce the provisions of this Subsection.
4. No wholesaler license shall be issued to a corporation for the sale
of intoxicating liquor containing alcohol in excess of five percent
(5%) by weight, except to a resident corporation.
5. Any person whose license or permit issued under this Chapter has
been revoked shall be automatically eligible to work as an employee
of an establishment holding a license or permit under this Chapter
five (5) years after the date of the revocation.
6. Any person whose license or permit issued under this Chapter has
been revoked shall be eligible to apply and be qualified for a new
license or permit five (5) years after the date of the revocation.
C. Form And Contents. All applications for licenses under the provisions
of this Chapter shall be made, in writing, to the City and shall set
forth the following information:
1. Designation of the kind of license desired;
2. Description of the premises to which such license is to apply and
the location or address thereof;
3. Name, place of residence and mailing address of the person, individual,
association, partnership, and names of partners, or corporation and
managing officer thereof, for whom a license is sought;
4. Criminal records check along with the dates and places of all revocation
of liquor licenses and all convictions of any law applicable to the
manufacture or sale of intoxicating liquor, if any;
D. Filing And Presentation To Board Of Aldermen. Applications for licenses
under this Chapter shall be filed with the City Clerk, the date of
filing being noted thereon by the City Clerk, and shall be presented
to the Board of Aldermen at its first regular or special meeting thereafter.
E. Deposit
Of License Fee — Disposition Of Such Deposit. At the time of
filing an application for a license under this Chapter, the applicant
shall pay the license fee to the City Clerk for the license applied
for, either in cash, or by bank draft, money order, certified check
or cashier's check, made payable to the City of Battlefield. The Board
of Aldermen shall grant no license unless such deposit of the license
fee has been made. If the license is not granted, the license fee
shall be refunded in full to the applicant. If the license is granted,
such amount deposited with the application shall be turned over to
the City Treasurer who will issue a receipt together with the license
to the applicant.
F. When
Considered By Board Of Aldermen. No application for a license, whether
for a new license, or in renewal of any license previously held by
the applicant, shall be formally approved or granted by the Board
of Aldermen for at least ten (10) days after filing of any such license
application.
G. Grant And Issuance — Contents. No
license applied for pursuant to this Chapter shall be granted unless
and until a majority of the members elected to the Board of Aldermen
shall vote in favor thereof. Upon a vote granting the license applied
for, the City Clerk shall issue such license, which shall describe
the kind of license; the license fee, the premises on which sale is
to be made, the name of the license holder, the date of issuance and
period of time for which such license is granted.
H. Term
— Proration — Dating Of License Prior To Granting Of License
And Extension Of License. Each license issued in compliance with this
Chapter shall expire on June 30 next succeeding the beginning date
of such license. Of the annual 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 to be counted as one (1) month, remaining
from the date of the license to the next succeeding June 30. No license
shall be given a beginning date prior to the date of approval of the
application and granting of such license by the Board of Aldermen.
[R.O. 2017 § 600.055; Ord. No. 21-16, 11-16-2021]
in case any license issued under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period, after the effective beginning
date of such license, no refund of any license fee or part thereof
shall be made.
[R.O. 2017 § 600.060; Ord. No. 05-36 § 1, 12-20-2005; Ord. No. 21-16, 11-16-2021]
A. Persons 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. 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.
4.
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.
B. Sales To Minor — Exceptions.
1.
Any licensee under this Chapter,
or his employee, who shall sell, vend, give away or otherwise supply
any intoxicating liquor in any quantity whatsoever to any person under
the age of twenty-one (21) years, or to any person intoxicated or
appearing to be in a state of intoxication, or to a habitual drunkard,
and any person whomsoever except his parent or guardian who shall
procure for, sell, give away or otherwise supply intoxicating liquor
to any person under the age of twenty-one (21) years, or to any intoxicated
person or any person appearing to be in a state of intoxication, or
to a habitual drunkard, shall be deemed guilty of an ordinance violation,
except that this Section shall not apply 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 any 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 when 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 or 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. 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 guilty of an ordinance violation.
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.
[R.O. 2017 § 600.070; Ord. No. 21-16, 11-16-2021]
A. Unlawful For Licensed Retailer To Purchase
From Other Than Licensed Wholesaler. It shall be unlawful for any
licensee authorized to sell intoxicating liquor at retail 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 licensee to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B. Any licensee authorized to sell intoxicating
liquor at retail 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(s) 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. 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.
F. Drinking In Public Places Prohibited.
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.
Except as otherwise provided herein,
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.
G. Live Entertainment On Premises Prohibited.
No person licensed for the sale of intoxicating liquor by the drink
for consumption on the premises shall permit or allow any live entertainment
on the premises. The playing and singing of music solely shall not
be considered live entertainment under this Section.