City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents

Section 600.010 Definitions.

[Ord. No. 3625 § 1, 9-22-2016[1]]
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.
DISORDERLY PLACE OR HOUSE
A licensee under this Chapter is maintaining or operating a disorderly place or house when the following violations occur:
1. 
Any acts of immorality;
2. 
Any acts of lewd conduct (including as set forth in Section 600.056);
3. 
Breaches of the peace;
4. 
Exceeding occupancy limit of premises;
5. 
Suffering or permitting any acts prohibited under this Chapter;
6. 
Violation(s) of any provision of this Chapter;
7. 
Violation(s) of other City ordinances or State law or State regulations applicable to the premises;
8. 
The liquor and/or business license was obtained through materially false statements in the application for such license;
9. 
The licensee failed to make a complete disclosure of all pertinent information in the application for such liquor and/or business license;
10. 
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 liquor and/or business license was issued;
11. 
The licensed premises are no longer used for the purposes permitted by the liquor and/or business license and after five (5) days' written notice, the licensee has failed to respond or satisfactorily explain the change; or
12. 
Anything has occurred which would render the licensed premises ineligible or unsuitable for a liquor and/or business license under the provisions of this Chapter.
FAILED TO KEEP AN ORDERLY PLACE OR HOUSE
A licensee under this Chapter has:
1. 
Had the Police called frequently to the licensed premises;
2. 
Failed to control the licensed premises;
3. 
Sold intoxicating liquor or beer at the licensed premises to minors or persons already intoxicated;
4. 
Failed to cooperate with properties neighboring the licensed premises; and/or
5. 
Failed to cooperate with reasonable suggestions pertaining to the licensed premises made by the Police Department or the Supervisor of Liquor Control.
The list of examples of failure to keep an orderly place or house shall be by way of example only and shall not be deemed to be exclusive in nature.
FESTIVAL
Any music festival, dance festival, rock festival or similar musical activity likely to attract five thousand (5,000) or more people at such an activity which will continue for a period of twelve (12) hours or more, at which music is provided by paid or amateur performers or by prerecorded means, and which is held at any place within the City, and to which members of the public are invited or admitted for a charge.
FINANCIAL INTEREST
All interest, legal or beneficial, direct and 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.
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 (1/2 of 1%) by volume. All beverages having an alcoholic content of less than one-half of one percent (1/2 of 1%) 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%) by weight manufactured from pure hops or pure extract of hops or pure barley malt, or wholesome grains or cereals, and wholesome yeast, and pure water.
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.
PREMISES
The portion of any building in which a licensee under this Chapter has his/her place of business and any additional building or portion thereof used in connection therewith, and the entire lot or lots, parcel or parcels of land on which said buildings are situated, or which are used in connection with the buildings.
RESIDENT CORPORATION
A corporation incorporated under the laws of this State, 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 citizens of the County and municipality in which they reside and who shall have been bona fide residents of the State 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 law 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.
RESORT
Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
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.
SALE BY THE DRINK
The sale of any intoxicating liquor except malt liquor, in the original package, in any quantity less than fifty (50) milliliters.
[1]
Editor's Note: Former Chapter 600, Intoxicating Liquor, containing Sections 600.010 through 600.110, which derived from R.O. 2006 §§ 600.020, 600.060, 600.130, 600.260, 600.300 — 600.310; Ord. No. 1530 § 1, 11-18-1991; Ord. No. 1687 § 1, 6-22-1993; Ord. No. 1792 § 1, 9-20-1994; Ord. No. 2610 § 1, 10-20-2003; Ord. No. 3613 §§ 1 — 5, 7-28-2016, was repealed 9-22-2016 by § 1 of Ord. No. 3625.

Section 600.020 License Required — Classes Of Licenses.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
License Required. No person shall sell or offer for sale intoxicating liquor in the City of Fenton 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.
B. 
General Licenses. A separate license shall be taken out for each of the following classes of licenses subject to annual renewal and payment of fees as set forth herein:
1. 
Manufacturing, Brewing, Etc. — Licenses.
a. 
For the privilege of manufacturing and brewing in this City malt liquor and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquors, to, by or through a duly licensed wholesaler within this City, the sum of three hundred seventy-five dollars ($375.00).
b. 
For the privilege of manufacturing in this City intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight and the privilege of 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, the sum of three hundred dollars ($300.00).
c. 
For the privilege of manufacturing, distilling or blending intoxicating liquor of all kinds within this City and the privilege of 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, the sum of six hundred seventy-five dollars ($675.00).
2. 
Liquor Solicitor.
a. 
For the privilege of selling to a duly licensed wholesaler and soliciting orders for the sale of malt liquor or beverage containing not in excess of five percent (5%) of alcohol by weight, to, by or through a duly licensed wholesaler within this City, the sum of seventy-five dollars ($75.00).
b. 
For the privilege of 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, the sum of one hundred fifty dollars ($150.00).
c. 
For the privilege of 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, the sum of three hundred seventy-five dollars ($375.00).
3. 
Liquor Manufacturer/Solicitor — Licenses.
a. 
For the privilege of 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 the privilege of 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, the sum of one hundred fifty dollars ($150.00).
b. 
For the privilege of 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 the privilege of 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, the sum of three hundred dollars ($300.00).
c. 
For the privilege of selling intoxicating liquor of all kinds by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail the sum of seven hundred fifty dollars ($750.00); provided, however, 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 of Fenton, direct to retailers; provided, further, a wholesaler's license shall not authorize or entitle the holder thereof to sell to other wholesalers or to solicit orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler, within this City.
4. 
Original Package — Licenses.
a. 
For the privilege of selling intoxicating liquor at retail in the original package, where such liquor shall not be consumed upon, or such original package not be opened upon, the premises where sold, the sum of one hundred fifty dollars ($150.00).
b. 
For a permit authorizing the sale of malt liquor by grocers and other merchants and dealers in the original package direct to consumers but not for resale, a fee of seventy-five dollars ($75.00) per year. This license may include Sunday sales from 9:00 a.m. to Midnight.
c. 
For the privilege of selling intoxicating liquor in the original package at retail between the hours of 9:00 a.m. and Midnight on Sundays, the sum of three hundred dollars ($300.00).
5. 
Liquor By The Drink — Licenses. Sales by the drink 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.
a. 
For the privilege of selling at retail by the drink, for consumption on the premises where sold, malt liquor or beverages containing alcohol not in excess of five percent (5%) by weight, the sum of seventy-five dollars ($75.00). This license may include Sunday sales from 9:00 a.m. to Midnight.
b. 
For the privilege of selling at retail by the drink, for consumption on the premises where sold, all kinds of intoxicating liquor, including the sale of intoxicating liquor in the original package, the sum of four hundred fifty dollars ($450.00).
c. 
For the privilege of selling malt liquor or light wines, or both such malt liquor and wine, to be sold by the drink at retail for consumption on the premises where sold, the sum of seventy-five dollars ($75.00).
d. 
For the privilege of selling intoxicating liquor by the drink on Sundays in a "restaurant-bar" the licensee shall pay an additional fee of three hundred dollars ($300.00) for Sunday sales.
e. 
For the privilege of selling intoxicating liquor by the drink on Sundays in a "resort" the licensee shall pay an additional fee of three hundred dollars ($300.00) for Sunday sales.
C. 
Miscellaneous Licenses/Permits. A separate license shall be taken out for each of the following:
1. 
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.030(C) below, may apply for a special permit to sell intoxicating liquor for consumption on premises where sold pursuant to the provisions of this Chapter. The fee for said temporary permit for sale by the drink to be limited to a maximum of seven (7) days, shall be thirty-seven dollars fifty cents ($37.50).
2. 
Tasting Permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(4)(a) and (c) 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. The fee for said annual tasting permit shall be thirty-seven dollars fifty cents ($37.50).
3. 
Caterers. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.040 below, may apply for a caterer's license for a fee of fifteen dollars ($15.00) per each calendar day, pursuant to the provisions of this Chapter.
4. 
Independence Day (4th of July). Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.044 below, may apply for an Independence Day license for a fee of thirty-seven dollars and fifty cents ($37.50) per each event to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter.
5. 
Festivals. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.045 below, may apply for a festival license for a fee of thirty-seven dollars and fifty cents ($37.50) per each festival to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter.
D. 
Revocation. 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 first (1st).
E. 
No Refund. In case any license issued under the provisions of this Chapter is revoked, surrendered or forfeited by the licensee, not used or used only for a 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.

Section 600.030 License Regulations.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Package Sales, Limitations. 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.
B. 
Temporary Permit For Sale By Drink — Certain Organizations.
1. 
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.
2. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 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.
C. 
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., upon or about his/her premises. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Subsection (D) shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one (1) room only, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed.
2. 
When January 1st, March 17th, July 4th or December 31st 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.
D. 
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. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.

Section 600.035 Sales Of Liquor Prohibited Near Schools And Churches.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within two hundred (200) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the Board of Aldermen, except that when a school, church or place of worship shall hereafter be established within two hundred (200) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within two hundred (200) feet of the proposed licensed premises.
B. 
Subsection (A) of this Section shall not apply to a license for the sale of intoxicating liquor pursuant to Section 600.020(C)(4), or to a license issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. 
Subsection (A) of this Section shall not apply to any premises that was issued a license by the City before January 1, 2004, for the sale of intoxicating liquor and which premises has not: (1) changed its license type; (2) amended the legal description of the premises; or (3) been without a liquor license for more than ninety (90) days at any time during that period.

Section 600.040 Temporary Location For Liquor By The Drink, Caterers — Permit — Fee Required.

[Ord. No. 3625 § 1, 9-22-2016]
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 herein. 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 600.020(C)(3) 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.

Section 600.044 Temporary Location For Liquor By The Drink, Independence Day — Permit — Fee Required.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Other provisions of this Chapter to the contrary notwithstanding, a permit for the sale of light wine and malt liquor for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States.
B. 
Such permit shall be issued only during the period from June 15th to July 15th annually and only for the day or days named therein and it shall not authorize the sale of wine and malt liquor except between the hours of 10:00 a.m. and Midnight and for not more than seven (7) days by any such organization.
C. 
The permit may be issued to cover more than one (1) place of sale within the general confines of the place where the gathering or event is held; provided, however, no permit shall be issued to any organization which selects or restricts the membership thereof on the basis of race, religion, color, creed, or place of national origin.
D. 
No provision of this Chapter shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the permit at such gathering or event.

Section 600.045 Temporary Location For Liquor By The Drink, Festival — Permit — Fee Required.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
An application for a permit under this Section shall be made to the City Clerk at least five (5) business days prior to the festival. 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 festival 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 the sum of ten dollars ($10.00) for each calendar day, or fraction thereof, for which the permit is issued.
B. 
All provisions of the Liquor Control Law (Chapter 311 and the regulations promulgated thereto) and the ordinances of the City shall extend to festival 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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C. 
No provision of this Chapter shall be interpreted as preventing any wholesaler, retailer, or distributor from providing customary storage, cooling, or dispensing equipment for use at a festival.

Section 600.047 Consumption Off The Premises, Sale Of Beer Permitted For Restaurant-Bar Without An On-Site Brewery, When.

[Ord. No. 3625 § 1, 9-22-2016]
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 bar or tavern.

Section 600.050 Application For License.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Application — Form And Content.
1. 
All applications for licenses under the provisions of this Chapter shall be made in writing to the Board of Aldermen, on forms provided by the City. Such forms, at a minimum, shall provide for and shall contain spaces for:
a. 
Designation of the kind of license desired (including date(s) of event, in the case of a temporary license);
b. 
Description of the premises to which such licenses apply and the location or address thereof ("Description of the premises" shall include a site plan and a line drawing of the room(s) and/or areas in the buildings in which the controlled substances are stored, exhibited for sale, and served and consumed);
c. 
Name, place of residence and mailing address of the person, individual, association, partnership and names of partners or corporation managing officer thereof for whom or which a license is sought;
d. 
Term of the license;
e. 
Signature of the applicant;
f. 
Verification that the applicant meets the qualifications of Section 600.055; and
g. 
Such other information as may be necessary to the City Clerk in administering this Chapter.
2. 
In the event a license is sought for the sale of intoxicating liquor in the original package, the application form shall provide for and contain spaces for a description of the business engaged in by the applicant and the kind of stock or goods, and invoice value thereof, exclusive of fixtures, and intoxicating liquors kept in the business store of applicant. There shall be attached to applications a recent photograph of both the applicant and the place of business.
3. 
In the event a license is sought for the sale at retail by the drink for consumption on the premises where sold, of all kinds of intoxicating liquor, including the sale of intoxicating liquor in the original package, the application forms shall provide for and contain spaces for information relating to the applicant's compliance with any criteria and requirements concerning the granting of such license, as the same are set forth and defined in the Municipal Code of Ordinances of the City of Fenton, including, but not limited to, building and sanitary codes.
4. 
In the event a license is sought for a premises which was issued a valid license for the previous license term, the application form shall verify that there were no instances of Sections 600.056600.060 or any of the grounds for suspension or revocation contained in Section 600.080.
B. 
Filing Of An Application. Each application for a license shall be filed with the City Clerk on a form to be provided by the City, signed and sworn to by the applicant. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City.
C. 
Denial. The Board may deny a license for any reason that would support revocation or suspension of a license under Section 600.080.
D. 
Approval. Upon approval of any application for a license, the Clerk shall grant the applicant a license to conduct business in the City for a term to expire with the thirtieth (30th) day of June next succeeding the date of such license, unless such license be revoked or suspended for cause before the expiration of such time.
E. 
Licenses For Subsequent License Periods. Applications for issuance of licenses for a premises that was granted a license during the previous license period must be filed on or before the first (1st) day of May of each calendar year. Such application shall be reviewed by the Board at its next meeting or as soon thereafter as is practical. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk shall issue a new license.
F. 
Prior Issuance Creates No Right To License Approval. The issuance of a license for any license period does not create an automatic right to approval of a license for a subsequent license period. Every application shall be reviewed for compliance with the provisions of this Code.

Section 600.055 Qualifications For Licenses — Resident Corporation And Financial Interest Defined.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter, 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 of the City; and 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 Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any Federal, State, City or County law or State regulation applicable to the manufacture or sale of intoxicating liquor, or who employs in his/her business as such dealer, any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; provided, that nothing in this Section contained 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 State.
B. 
Qualifications.
1. 
No person, partnership or corporation shall be qualified for a license under this law 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 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 Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.
2. 
No license applied for or issued under this Chapter or Chapter 311, RSMo., 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 so long as any such employee does not directly participate in retail sales of intoxicating liquor. Each employer issued a valid liquor license in the City shall report the identity of any employee convicted of a felony to the City Clerk.
3. 
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 as defined in this Section.
C. 
The supervisor shall by regulation require all applicants for licenses to file written statements, under oath, containing the information reasonably required to administer this Section. Statements by applicants for licenses as wholesalers and retailers shall set out, with other information required, full information concerning the residence of all persons financially interested in the business to be licensed as required by regulation. All material changes in the information filed shall be promptly reported to the supervisor.

Section 600.056 Certain Acts Prohibited In Premises Licensed To Sell At Retail Intoxicating Liquor, Malt Liquor Or Light Wines.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, malt liquor or light wine, or his/her employee to permit in, upon or about the licensed premises:
1. 
The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
2. 
The displaying of any portion of the areola of the female breast or failure to cover the entire areola and front of the breast with opaque clothing;
3. 
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
4. 
The actual or simulated displaying of the pubic hair, anus, vulva or genitals or failure to cover pubic hair, anus, vulva or genitals with opaque clothing;
5. 
Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus or fails at any time to have and keep opaque clothing over all parts of his/her genitals and anus; and
6. 
The displaying of films, video or DVD programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by any other law.
B. 
Additional unlawful acts for any retail licensee, licensed to sell intoxicating liquor, malt liquor or light wine, or his/her employee:
1. 
At no time, under any circumstances, shall any licensee or his/her employees immediately fail to prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the licenses premises, nor shall any licensee or his/her employees allow any indecent, profane or obscene language, song, entertainment, literature or advertising material upon the licensed premises.
2. 
In the event that a licensee or his/her employee knows or should have known, that an illegal or violent act has been committed on or about the licenses premises, they immediately shall report the occurrence to the Fenton Police Department and shall cooperate with all law enforcement authorities and agents of the Division of Liquor Control during the course of any investigation into an occurrence.
C. 
In addition to the licensee and/or his/her employee being subject to all penalties contained in Section 600.110 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked or, in the case of an application for issuance of a subsequent license for a premises, denial.

Section 600.057 Compliance Of Premises With Land Use Code.

[Ord. No. 3625 § 1, 9-22-2016]
In addition to the requirements and licenses herein, as a condition precedent to a grant or continued viability of a liquor license for any premises, all applicants for and holders of liquor licenses must conform to the City's Land Use Code regulations on the placement and permitting of certain types of liquor establishments, as well as requirements for an occupancy permit and other required permits. Refer to Title IV of the Municipal Code.

Section 600.060 Minors.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Persons Eighteen (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 or beer in places of business which sell food for consumption on the premises if at least fifty percent (50%) of all sales in those places consists of food; provided that nothing in this Section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar intoxicating beverages.
B. 
Sales To Minor — Exceptions.
1. 
No licensee, his/her employee or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to such person by a duly licensed physician. No person shall be denied a license under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.
2. 
Any owner, occupant or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.
3. 
It shall be a defense to prosecution under this Subsection if:
a. 
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
b. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
C. 
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.
1. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
2. 
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. 
Minors In Possession Of Intoxicating Liquor.
1. 
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 of this Code, 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 in violation of this Section.
2. 
A first violation of this Section shall be punishable by a fine not to exceed three hundred dollars ($300.00). A second or subsequent violation shall be punishable by imprisonment in the county jail for a term not to exceed one (1) year and/or a fine not to exceed one thousand dollars ($1,000.00). Prior pleas of guilty and prior findings of guilt shall be pleaded and proven in the same manner as required by Section 558.021, RSMo.
3. 
The provisions of this Subsection shall not apply to a student who:
a. 
Is eighteen (18) years of age or older;
b. 
Is enrolled in an accredited college or university and is a student in a culinary course;
c. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine or other similar malt or fermented beverage as part of the required curriculum; and
d. 
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection, may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
E. 
Prosecution Burden. 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.

Section 600.070 Miscellaneous Offenses.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee 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 liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Chapter.
B. 
Damaged Carton; Misleading, Omitted Or Obscured Labels. Any retailer licensed pursuant to this Chapter 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 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.
1. 
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.
2. 
Any retailer licensed pursuant to this Chapter shall not:
a. 
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
b. 
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.
F. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor, or permit such to be sold or supplied, to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.

Section 600.080 Administration Of Law — License Suspension/Revocation.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases, the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and, prior to the hearing, the City Clerk shall give not less than ten (10) days' written notice to the licensee specifying the grounds for the suspension or revocation thereof and the time, date, and place of the hearing. Notice may be accomplished by personal delivery, U.S. Mail, or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.085 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapter 311, RSMo., the Code of State Regulations applicable to the conduct of licensees or any employee, agent or servant of the licensee, or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. 
Making a false affidavit in an application for or otherwise using materially false statements in the application for such license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
That the conduct of the business violates, or the licensed premises or the licensee are in violation of, any provision of the City Code;
7. 
The licensed premises have been discontinued or abandoned;
8. 
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; or
9. 
Selling, giving, or otherwise supplying intoxicating liquor to any person on the licensed premises during a term of suspension as ordered by the Board of Aldermen.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if:
1. 
A licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended, and the suspension shall be for a term not less than that imposed by the State.
2. 
A licensee is or has been convicted in any court of a violation of State laws relating to intoxicating liquors, or a conviction of a violation of this Chapter.
3. 
A violation of Section 600.056.
D. 
Effect Of A Suspension. No person whose license shall have been suspended by order of the Board of Aldermen shall sell or give away any intoxicating liquor, malt liquor, light wines during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Board's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board of Aldermen may appeal such decision pursuant to the procedures of Chapter 160 of the Municipal Code provided such appeal is filed within ten (10) days of the date of the Board of Aldermen's decision. The Board may delay the implementation of its order pending appeal.

Section 600.085 Hearings Upon Suspension Or Revocation Of Licenses.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Testimony — Evidence. The licensee shall be given reasonable notice of hearing and the grounds upon which discipline will be considered. Hearings before the Board of Aldermen shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth. Witnesses shall be subject to direct and cross examination by an attorney representing the licensee as well as attorneys representing other interested parties.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board of Aldermen may appeal such decision pursuant to the procedures in Chapter 160 of the Municipal Code, provided such appeal is filed within ten (10) days of the date of the Board's decision. The Board may delay the implementation of its order pending appeal.

Section 600.090 Warning Sign Displayed — Liquor Licenses.

[Ord. No. 3625 § 1, 9-22-2016]
A. 
Any person who is licensed to sell or serve alcoholic beverages at any establishment shall place on the premises of such establishment a warning sign as described in this Section. Such sign shall be at least eleven (11) inches by fourteen (14) inches and shall read "WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects." The licensee shall display such sign in a conspicuous place on the licensed premises.
B. 
Any employee of the Supervisor of Alcohol and Tobacco Control may report a violation of this Section to the Supervisor, and the Supervisor shall issue a warning to the licensee of the violation.

Section 600.100 Restaurant-Bar — Audit Of Books.

[Ord. No. 3625 § 1, 9-22-2016]
The City shall have full authority to inspect and audit the books and financial records of any licensee hereunder where a condition of the acquisition of said license is that a percentage of the gross receipts of the licensee shall be from non-alcohol (e.g., prepared meals or food) sales. Should at any time the licensee fail to produce the books upon demand of the City, then this shall be grounds for suspension or revocation of the liquor license. When a new establishment makes application, and no financial records presently exist, there shall be an audit performed after three (3) months of business to determine compliance with the applicable provisions herein. But in no case shall any liquor license be granted wherein a condition is that a percentage of gross receipts shall be from other than alcoholic sales unless the application for said liquor license substantiates and projects the new establishment to be in compliance with the law within a three-month period.

Section 600.110 Penalties For Violation.

[Ord. No. 3625 § 1, 9-22-2016]
Any person violating any provision of this Chapter shall, upon conviction thereof, be adjudged guilty of a misdemeanor and punished as set out in Section 100.060 of this Code. The establishment of this penalty shall in no way take the place of or interfere with any suspension or revocation proceeding or the disapproval of any application for a subsequent license at a premises.