City of Florissant, MO
St. Louis County
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Table of Contents
Table of Contents
Charter Reference — Authority of council to license businesses generally, §3.10(30).
Cross References — General penalty of code violations, §100.080; emergency management, ch. 240; licenses and miscellaneous business regulations generally, ch. 605; driving while intoxicated, §§342.020 or 342.030; chemical test for determining alcoholic or drug content of blood, §342.040; offenses, ch. 210; police, ch. 200.

Section 600.010 Definitions.

[Ord. No. 7919 §1, 10-11-2012]
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.
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, except for non-intoxicating beer as defined herein. 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 in excess of three and two-tenths percent (3.2%) by weight and 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.
MOTOR VEHICLE SERVICE STATION OR FILLING STATION
A place licensed by the City to sell or offer for sale gasoline or other motor fuels used as fuels in internal-combustion engines for the purpose of propelling an automobile, truck, tractor or other self-propelled motor vehicle upon the public highways, public streets and public thoroughfares of this City.
NON-INTOXICATING BEER
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, and having an alcoholic content of more than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.
NOT-FOR-PROFIT CLUB
Any association or organization, whether incorporated or not, of fifty (50) or more members, not formed for profit, where the property and equipment of such association or organization, exclusive of real estate, belongs to the members thereof and is of the value of at least two thousand five hundred dollars ($2,500.00) according to invoices.
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 or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles 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.
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.

Section 600.015 Sale By The Drink Defined.

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.

Section 600.020 License Required — Classes of Licenses.

[Ord. No. 7919 §2, 10-11-2012]
A. 
No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Florissant 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. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer:
1. 
Package liquor — malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold. This license may include Sunday sales from 9:00 A.M. to Midnight.
2. 
Package liquor — non-intoxicating beer: Sales of non-intoxicating beer at retail in the original package not for consumption on the premises where sold.
3. 
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 Subsections (B)(1) and (2) of this Section.
4. 
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, including sales as set forth in Subsections (B)(1) and (5) of this Section.
5. 
Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section 600.010 of this Chapter and set out in Subsection (6) hereof. This license may include Sunday sales from 9:00 A.M. to Midnight.
6. 
Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.
7. 
Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(3) of this Section.
8. 
Not for profit club. Sale by a not-for-profit club, as defined by Section 600.010, of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold and in the original package.
9. 
Brewpubs: A microbrewery that brews beer for both on and off-premise sale and consumption with an annual production of ten thousand (10,000) barrels or less.
[Ord. No. 8231 §1, 5-23-2016]
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 may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 9:00 A.M. and Midnight:
1. 
Package liquor — all kinds: Sales of liquor of all kinds in the original package at retail not for consumption on the premises where sold.
2. 
Liquor by the drink — all kinds: Sales of liquor of all kinds by the drink for consumption on the premises.
D. 
Permits.
1. 
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. 
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) 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.

Section 600.030 License Regulations.

[Ord. No. 7919 §3, 10-11-2012]
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. 
No license for the sale at retail of any and all kinds of intoxicating liquor in the original package shall be granted or issued to a convenience store or a liquor store as defined in Chapter 405 of this Code, when the granting thereof shall increase the number of such licenses outstanding and in force at that time if the total number of such licenses issued to convenience stores or liquor stores is more than one (1) for each three thousand (3,000) inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States and provided further that the convenience stores and liquor stores shall not be located within one-half (½) mile of another liquor store or convenience store that has been issued a liquor license for the sale at retail of any and all kinds of intoxicating liquor in the original package. Vehicle service stations or filling station businesses that are authorized to sell alcohol are not considered to be a convenience store.
B. 
Temporary Permit For Sale By Drink — Certain Organizations.
1. 
The City Clerk may issue a permit for the sale of intoxicating liquor and non-intoxicating beer 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 and non-intoxicating beer 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 or non-intoxicating beer 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 or non-intoxicating beer by the drink shall keep a closed place during the aforementioned prohibited times.
2. 
When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (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 City Council. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
E. 
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.

Section 600.035 Sales of Liquor Prohibited Near Schools and Churches.

The City Council shall consider the location of the proposed business for which a license is sought with respect to its proximity to a school, a church, or other buildings regularly used as a place of religious worship and shall have authority to refuse to issue a license when in their judgment the issuance thereof would not be in the best interests of the locality in which the applicant applies for a location of such place. In no event shall the City Council approve the issuance of a license for the sale of liquor within one hundred (100) feet of any school, church or other building regularly used as a place of 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 Subsection shall not apply to a holder of a license issued pursuant to Sections 311.090, 311.218, 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.

Section 600.036 Doing Business Without A License.

[Ord. No. 7504 §1, 5-15-2008]
It shall be unlawful for any person to engage in any business, occupation, pursuit, profession or trade, or in keeping or maintaining any institution, establishment, article, utility or commodity, without first procuring and paying for a license to do so as required by this Chapter.

Section 600.040 Sale On Premises of Motor Vehicle Service Station or Filling Station Prohibited.

[Code 1980 §3-28; CC 1990 §3-39; Ord. No. 6878, 7-28-2003; Ord. No. 7090 §1, 11-10-2004]
Any person engaged in the operation of a motor vehicle service station or filling station business is authorized to sell wine, malt liquor or non-intoxicating beer, excluding the sale of single servings of malt liquor or non-intoxicating beer in sizes less than forty (40) ounce.

Section 600.045 Adoption of State Regulations As To Hours of Sale and Disposal. [1]

[Code 1980 §3-18; CC 1990 §3-29]
A. 
Whenever the laws of the State or the regulations adopted and promulgated by the State Supervisor of Alcohol and Tobacco Control provide for the days and hours thereof during which the sale or disposal of intoxicating liquor is permitted and such days or hours differ from the days or hours of such sale or disposal as provided by Section 600.030. Section 600.030 and all ordinances and parts of ordinances in conflict herewith are amended so as to adopt by reference and permit the sale or disposal of intoxicating liquor during the days or hours as provided by the State or under regulations adopted and promulgated by the State Supervisor of Alcohol and Tobacco Control.
B. 
A copy of such State law or regulation of the State Supervisor of Alcohol and Tobacco Control referred to herein shall be kept in the City Clerk's office and open to public inspection.
[1]
Cross Reference — Curfew for minors, §§210.510 et seq.

Section 600.050 Schedule of License Fees.

[Ord. No. 7919 §4, 10-11-2012]
A. 
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Malt liquor — original package: $75.00
b. 
Non-intoxicating beer — original package: $22.50
c. 
Intoxicating liquor (all kinds) — original package: $150.00
d. 
Malt liquor — by drink: $75.00
e. 
Malt liquor and light wines — by drink: $75.00
f. 
Non-intoxicating beer — by drink: $37.50
g. 
Intoxicating liquor (all kinds) — by drink: $450.00
h. 
Not-for-profit club: $300.00
i. 
Brewpub: twenty-two dollars and fifty cents ($22.50).
[Ord. No. 8231 §2, 5-23-2016]
2. 
Sunday sales. (Additional fees)
a. 
Intoxicating liquor — original package: $300.00
b. 
Liquor by the drink: $300.00
3. 
Permits.
a. 
Temporary permit — by the drink for certain organizations (7 days max.): $37.50
b. 
Tasting permit: $37.50
c. 
Caterers (for a period not to exceed 120 consecutive hours): $10.00 per each calendar day
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).

Section 600.055 Temporary Location For Liquor By The Drink, Caterers — Permit — Fee Required.

A. 
The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred twenty (120) 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 600.050(3)(c) above, or fraction thereof, for which the permit is issued.
B. 
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C. 
Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages, in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.
D. 
To assure and control product quality, wholesalers may, but shall not be required to, give a retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%) by weight or non-intoxicating beer 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 600.060 Application For License and Renewal.

[Code 1980 §§3-37, 3-40; CC 1990 §§3-58, 3-61; Ord. No. 4970 §2, 12-12-1988; Ord. No. 5998, 8-25-1997]
A. 
Filing Of An Application. Each application for an original or renewal 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.
B. 
Qualifications. Neither the applicant nor any officer, director or shareholder of a corporate applicant shall have been convicted of a felony or of any distribution, sale or possession of any controlled substances or dangerous drugs. The applicant shall present with the application a bona fide sale contract or option duly executed, which may be subject to the applicant obtaining a liquor license, or a bona fide lease duly executed by the lessor, or an option for a lease duly executed, subject to the applicant obtaining a liquor license, covering the property for which a liquor license is requested. If the applicant is a corporation, the petition shall set forth all of the above information with respect to the managing officer or officers, identifying such officer or officers. The application shall further state the full name of the corporation, its date of incorporation, its registered agent and registered address, the names and addresses of all shareholders of the corporation, and whether said corporation operates any other business or controls or is controlled by any other corporation or business and, if so, the application shall further state the name of such controlled or controlling corporation or business, its registered agent and registered address, and the location of all businesses operated by it and the name and address of any such businesses with a liquor license, whether within or without the City; and the application shall also state if such controlling corporation or any controlled corporation is doing business under a fictitious name, and the address where said business is located. The City Council also may request such additional information of an applicant as it may deem necessary for it to make a determination with respect to the issuance of a liquor license.
C. 
No license for the sale of intoxicating liquors of any kind at retail by the drink for consumption on the premises where sold shall be issued unless a petition approving such issuance shall be filed with the application for license and which petition shall be signed by two-thirds (2/3) of the assessed taxpaying citizens owning property and also two-thirds (2/3) of the persons occupying, owning or conducting any business on the main or ground floor of buildings within a distance of two hundred (200) feet of the applicant's place of business in all directions.
D. 
Procedure For Issuance. Upon the filing of an application for a license under the provisions of this Article with the City Clerk, such application shall be presented to a Law Enforcement Agency for an investigation of the applicant, the proposed location and premises where the intoxicating liquor is to be sold and the verification of the signatures on the application and petition. Upon the completion of such investigation, the application and the report of a Law Enforcement Agency shall be presented to the City Council at its next regular or special meeting. Upon approval of such application by a majority of the members of the Council present at such meeting and upon payment of the license fee provided for by this Article, the Director of Finance shall issue a license to the applicant to conduct business in the City until June thirtieth (30th) following the date of issuance.
E. 
Applications for renewal of any license must be filed with the City Clerk on or before June first (1st) of each calendar year. Such license may be renewed unless such license has been suspended or this Chapter.

Section 600.070 Minors.

A. 
Persons Eighteen 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 or non-intoxicating beer.
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 or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer 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 non-intoxicating 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 or non-intoxicating beer.
B. 
Sales To Minor — Exceptions. 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 or renewal of a license issued 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.
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, Non-Intoxicating Beer. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession, any intoxicating beer as defined in Section 600.010 is in violation of this Section.
E. 
For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor or non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is intoxicating liquor or non-intoxicating beer in such container. The alleged violator may allege that there was no intoxicating liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.

Section 600.080 Miscellaneous Offenses.

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 Section.
B. 
Any retailer licensed pursuant to this Chapter shall not:
1. 
Sell intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer 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 or non-intoxicating beer 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 or non-intoxicating beer 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 Or Non-Intoxicating Beer. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor or non-intoxicating beer, 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.
G. 
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 or non-intoxicating beer 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 or non-intoxicating beer while in or upon any public place.
4. 
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 or non-intoxicating beer 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.

Section 600.081 Certain Acts Prohibited in Premises Licensed To Sell At Retail Intoxicating Liquor, Wine or Beer.

[Ord. No. 8226 §1, 5-23-2016]
A. 
It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, wine or beer, 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, wine or beer, 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 licensed 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 licensed premises, they immediately shall report the occurrence to law enforcement authorities and shall cooperate with 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 100.080 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.

Section 600.090 Administration of Law — License Suspension.

A. 
Suspension Or Revocation Of License — When — Manner. The City Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the City Council not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended 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 600.100 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, Chapters 311 or 312, RSMo., 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 a 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. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving, or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years,
b. 
Any person during unauthorized hours on the licensed premises,
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the City Council.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311 or Chapter 312, 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.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the City Council shall sell or give away any intoxicating liquor or non-intoxicating beer 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 City Council's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.

Section 600.100 Hearings Upon Suspension or Revocation of Licenses.

A. 
Testimony — Evidence. Hearings before the City Council 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.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the City Council 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 City Council 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 to tell the truth and nothing but the truth.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the City Council 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 City Council may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within ten (10) days of the date of the City Council's decision. The City Council may delay the implementation of its order pending appeal.

Section 600.110 Warning Sign Displayed — Liquor Licenses.

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 600.120 Conduct Prohibited On Premises Where Alcoholic Beverages Are Offered For Sale.

[Code 1980 §3-30; CC 1990 §3-41]
A. 
It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the City, at which alcoholic beverages are offered for sale for consumption on the premises, to suffer or permit:
1. 
Any female employee or other female person engaged by the person maintaining, owning or operating such commercial establishment to provide entertainment, whether such person is paid or not, while on the premises of the commercial establishment, to expose to public view that area of the human breast including the nipple and areola;
2. 
Any female employee or other female person engaged by the person maintaining, owning or operating such commercial establishment to provide entertainment, whether such person is paid or not, while on the premises of the commercial establishment, to employ and to expose to public view any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Subsection (A)(1);
3. 
Any employee or other person engaged by the person maintaining, owning or operating such commercial establishment to provide entertainment, whether such person is paid or not, while on the premises of the commercial establishment, to expose to public view his/her genitals, pubic area, buttocks, anus or anal cleft or cleavage;
4. 
Any employee or other person engaged by the person maintaining, owning or operating such commercial establishment to provide entertainment, whether such person is paid or not, while on the premises of the commercial establishment, to employ and to expose to public view any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage;
5. 
Any employee or other person engaged by the person maintaining, owning or operating such commercial establishment to provide entertainment, whether such person is paid or not, to engage in public view in the actual or simulated touching, caressing or fondling of the breasts, buttocks, anus, genitals or pubic area.
B. 
It shall be unlawful for any female person, while on the premises of a commercial establishment located within the City at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast including the nipple and areola or to expose to public view any device or covering which is intended to give the appearance or simulate such areas of the female breast as described in this Section.
C. 
It shall be unlawful for any person, while on the premises of a commercial establishment located within the City at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his/her genitals, pubic area, buttocks, anus or anal cleft or cleavage or to employ and to expose to public view any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.