[Ord. No. 2022-008, § 1, 2-14-2022]
A. Scope. The provisions of this Section shall apply to all retail licensees.
B. Hours and days of sale shall be as outlined in 311.290 — 311.293
and 311.298 RSMo.
C. In the event that a licensee or their employees knows that an illegal
or violent act has been committed on or about the licensed premises,
they shall immediately report the occurrence to law enforcement authorities
and shall cooperate with law enforcement authorities and agents of
the State of Missouri Division of Alcohol and Tobacco Control during
the course of any investigations into an occurrence.
D. No such licensee or employee, of such licensee shall sell, give away
or otherwise dispose of, upon or about the premises for which such
license has been issued, any alcoholic beverages to any person who
is under the age of twenty-one (21) years or who is actually or apparently
impaired by the consumption of alcoholic beverages to an extent that
a reasonable person would recognize such impairment.
E. Sales by minors prohibited except as provided in 311.300 RSMo.
F. Intoxicated Persons On Premises Prohibited. No retail licensee, or
employee, agent or servant of such licensee shall allow any person
who is impaired by the consumption of alcoholic beverage to remain
on premises for which the license was issued.
G. Serving Or Delivering For Off-Premise Consumption. A retail licensee,
or employee, agent or servant of any such licensee, may serve or deliver
for off-premise consumption alcoholic beverages that are packaged
for retail sale or are in compliance with 311.202 RSMo. to any person
who is twenty-one (21) years of age or older.
H. Orders Off Licensed Premises Prohibited. No orders for the sale of
alcoholic beverages at retail shall be taken at any place not licensed
under this Chapter for the sale of alcoholic beverages, even though
such orders are filled and delivery thereon made at a place duly licensed
hereunder. Nothing in this provision shall be construed as to prevent
any hotel or motel operator or private club from serving any alcoholic
beverage to any guest, including registered guests, in or occupying
any room of such hotel, motel or private club, if such alcoholic beverage
so served shall be kept in or served from a licensed location, place
or premises in such hotel, motel or private club.
I. Unlicensed Beverages On Premises Prohibited. No person selling alcoholic
beverages at retail shall allow on their premises any alcoholic beverages
except that type in which they are licensed to sell. The presence
of any unlicensed alcoholic beverages will be prima facie evidence
of the illegal sale of the same, and shall be grounds for suspension
or revocation of the license.
J. Disorderliness, Indecency And Obscenity. No retail licensee under
this Chapter or employee, agent or servant of such licensee shall
allow in or upon the licensed premises any disturbances, disorderliness,
lewdness, immoral activities, and brawls.
K. Storing Beverages Off-Licensed Premises. No licensee under this Chapter
shall store any alcoholic beverage off or outside of the licensed
premises without first obtaining the written consent of the Enforcement
Agency; provided, however, that a licensee may store alcoholic beverages
in a bonded warehouse or central warehouse if they have first notified
the Enforcement Agency in writing of their intention to do so.
L. Solicitation. No by-the-drink retail licensee, or their employee,
agent or servant shall give at no or reduced value any alcoholic beverage,
nonalcoholic beverage, drink, merchandise or other thing of value
in any quantity to any person who shall solicit another to buy any
of the above items, nor shall be or she allow any such person to solicit
the purchase of such items by another on the premises of such licensee.
M. Responsibility Of Licensee And Employees. Licensees are at all times
responsible for the conduct of their business and at all times responsible
for any act or conduct of any employee on the premises which is in
violation of this Chapter or the regulations of the Enforcement Agency.
1.
It shall be the duty and responsibility of the licensee and
the person in charge of the licensed premises at all times to supervise
the operation and conduct of business in a diligent manner and to
make reasonably certain that this Chapter or regulations of the Enforcement
Agency are not violated.
2.
It shall be the duty and responsibility of a by-the-drink licensee
to require all employees, agents or servants to obtain training from
SMART (State of Missouri Alcohol Responsibility Training), or a similar
program previously approved by the Enforcement Agency, and to maintain
accurate records that all employees, agents or servants have completed
such training and are current in their certification.
3.
It shall also be the duty and responsibility of the licensee's
agents, servants and employees to report to the licensee or person
in charge of the licensed premises any violation of this Chapter or
regulations of the Enforcement Agency.
N. Display Of License Required. Before commencing or doing any business
for the time for which a City license has been granted, such license
shall be posted on the licensed premises, and kept displayed at all
times during the term of the license in a conspicuous place on the
premises so that all persons visiting the premises may readily see
the same.
1.
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.