[Ord. No. 2022-008, § 1, 2-14-2022]
For the purpose of this Chapter, the following terms shall have
the meanings designated herein:
Voluntarily ceasing to operate a business that has been legally
licensed by the city and state to be conducted under the Sections
of this Chapter.
Property immediately adjoining; except, that any intervening
street, alley, highway or other public thoroughfare shall be disregarded.
Intoxicating liquor, malt liquor or non-intoxicating beer.
A license for the consumption of alcoholic beverages in or
upon premises that do not possess a license for the sale of alcoholic
beverages and where food, beverages or entertainment are sold or provided
for compensation as provided in Section 311.480 RSMo.
Any building or structure regularly and primarily used as
a place of worship by any organized religious society, organization
or congregation, regardless of whether or not such building or structure
was originally designed and constructed for such purpose.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Regularly incorporated associations not-for-profit under
the laws of this state organized for the sole purpose as benevolent,
charitable or social, having regular dues-paying members. Any incorporated
association organized for the principal reason of selling alcoholic
liquor shall not constitute a club.
Pinball machines, marble machines, music-vending machines,
pool tables or machines, coin-operated shuffleboards and any other
devices operated by the insertion of a coin, disc or other insertion
piece, whether or not also manipulated by the operator, and which
operate for the amusement of the operator, whether or not by registering
a score. It shall not include "slot machines," "claw machines" or
other machines prohibited by state law. It shall not include machines
or devices used bona fide and solely for the vending of service, food,
confections or merchandise.
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
Any premises licensed under this Chapter that has three (3)
or more police responses to the actual premises, or the immediate
vicinity of the premises, in any three-month period. Police responses
for non-criminal activity will not be considered in determining whether
the premises are a disorderly place.
A place where liquor is manufactured.
A business whose primary activity is the manufacture of wine
or brandy in quantities not to exceed five hundred thousand (500,000)
gallons, not in excess of eighteen percent (18%) alcohol by weight
for wine or not in excess of thirty-four percent (34%) alcohol by
weight for brandy, from grapes, berries, other fruits, fruit products,
honey and vegetables produced or grown in the State of Missouri, exclusive
of sugar, water and spirits.
A controlled substance as defined and described now or hereafter
by RSMo. Currently, controlled substances are defined and described
by 195.005 to 195.820 RSMo.
Any place that is used regularly or irregularly as a place
of repose, sleep or rest, or any place containing a bed, cot, divan,
couch or other article of furniture on which an adult person may recline;
provided however, this term does not include any premises used as
a hotel, motel or hotel room.
Persons appointed by the City Manager for purposes of issuing
licenses and enforcing code.
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 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 the 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.
Refers to that street upon which the principal entrance of
such alcoholic beverage establishment is located.
Has the same meaning as defined in the liquor control laws
of the State of Missouri, currently Section 311.020 RSMo.
The holder of any license issued under the provisions of
this Chapter.
Any beer manufactured from pure hops or pure extract of hops
and pure barley malt or other wholesome grains or cereals and wholesome
yeast and pure water and free from all harmful substances, preservatives
and adulterants.
The person who is in active management and control of an
alcoholic beverage establishment.
A business whose primary activity is the brewing and selling
of beer with an annual production of ten thousand (10,000) barrels
or less.
A person not legally permitted by reason of age to possess,
consume, or purchase alcoholic liquor as described by 311.325(1) RSMo.
Includes any self-propelled vehicle not operated exclusively
upon tracks.
Any container which is immediately capable of being consumed
from or the seal of which has been broken.
A social gathering at a residence or premises of persons
in addition to the owner or those with rights of possession or their
immediate family members.
One (1) container of not less than fifty (50) milliliters
of any intoxicating liquor containing in excess of five percent (5%)
alcohol by volume or three (3) or more standard containers of malt
liquor.
The holder of an employee's permit issued under the provisions
of this Chapter.
An individual, partnership, club, association, firm, corporation,
joint stock company, syndicate, receiver, trustee, conservator, or
other officer appointed by any state or federal court.
May be either actual or constructive possession if the individual
has knowledge of the presence of the item. A person has actual possession
if he or she has the container on his or her person or within easy
reach and convenient control. A person who, although not in actual
possession, has the power and intention at a given time to exercise
dominion or control over the container either directly or through
another person or persons is in constructive possession of it. Possession
may be sole or joint. If one (1) person alone has possession of the
item, possession is sole; if two (2) or more persons share possession
of the item, possession is joint.
The bounds of the enclosure where alcoholic beverages are
sold or consumed.
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of a dwelling unit, or
a hall, meeting room or other place of assembly, whether occupied
as a dwelling or specifically for social functions, and whether owned,
leased, rented or used with or without compensation.
As defined in Section 311.060(3) RSMo.
Any establishment having a restaurant or similar facility
on the premises and at least fifty percent (50%) of the gross income
of which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred seventy-five thousand dollars ($275,000.00) from the sale
of prepared meals or food consumed on such premises.
The sale of any intoxicating liquor except malt liquor, in
the original package in any quantity less than fifty (50) milliliters.
Any school that is regularly used as a public, private or
parochial school, elementary school, high school, college, university,
professional school, business or secretarial school, receiving some
support from public, religious or charitable funds.
The amount of prepared meals, food and/or merchandise at
least fifty percent (50%) of the gross income of an establishment
has been derived during the three (3) most recent calendar months
preceding or during such period a gross income of at least two hundred
seventy-five thousand dollars ($275,000.00) from the sale of prepared
meals or food consumed on the premises.
Firms or corporations selling intoxicating liquors to duly
licensed retailers for resale.
