City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
Article I General Regulations

Section 600.005 Purpose.

Section 600.010 Definitions.

Section 600.015 Sale by the Drink Defined.

Section 600.020 License Required — Classes of Licenses.

Section 600.030 License Regulations.

Section 600.035 Sales of Liquor Prohibited Near Schools and Churches.

Section 600.040 Schedule of License Fees.

Section 600.045 Temporary Location for Liquor by the Drink, Caterers — Permit — Fee Required.

Section 600.050 through Section 600.055. (Reserved)

Section 600.060 Petition for Consumption on Premises.

Section 600.065 Authority of Liquor Control Officer.

Section 600.070 Liquor Control Officer.

Section 600.080 Application for License and Renewal.

Section 600.090 Approval of Application Based Upon Certain Conditions.

Section 600.095 Burden of Proof on Violator Concerning Manufacturer-Sealed Container.

Section 600.100 Purchase or Possession by Minor, Constructive Possession by Minor — an Ordinance Violation.

Section 600.105 Sales to Minor — Exceptions.

Section 600.110 Use of Alcoholic Beverages and Drugs by Any Minor at Open House Parties Prohibited.

Section 600.120 Miscellaneous Offenses.

Section 600.130 Warning Sign Displayed — Liquor Licenses.

Section 600.140 Administration of Law — License Suspension/Revocation.

Section 600.150 Hearings Upon Suspension or Revocation of Licenses.

Section 600.160 Transfer to Different Location — Application Required.

Section 600.170 Annexed Businesses.

Article II Penalty Provisions

Section 600.180 General Penalty — Continuing Violations.

Section 600.190 Violations Not Otherwise Defined — Penalties.

Section 600.005 Purpose.

Alcohol is, by law, an age-restricted product that is regulated differently than other products. The provisions of this Chapter establish vital regulation of the sale and distribution of alcoholic beverages in order to promote responsible consumption, combat illegal underage drinking, and achieve other important policy goals such as maintaining an orderly marketplace composed of licensed alcohol producers, importers, distributors, and retailers.

Section 600.010 Definitions.

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. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of five percent (5%) 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.
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.

A. 
No person shall sell or offer for sale intoxicating liquor in the City of Excelsior Springs 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:
1. 
Package liquor — malt liquor only: Sales of malt liquor at retail by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold. This license may include Sunday sales from 9:00 A.M. to Midnight.
2. 
Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
3. 
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 (4) of this Section.
4. 
Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales from 9:00 A.M. to Midnight.
5. 
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)(2) of this Section.
C. 
Sunday Sales. Except for any establishment that may apply for a license under Section 311.089, RSMo., any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail may apply to the City for a special license to sell intoxicating liquor at retail between the hours of 9:00 A.M. and Midnight on Sundays.
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(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. 
Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) 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.
3. 
Tasting permit — winery, distiller, manufacturer, etc.
a. 
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b. 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Sections 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's licensed premises as described in Section 311.090, RSMo.
c. 
Any winery, distiller, etc., may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises — when.
(1) 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section 311.294, RSMo., or hold a by the drink for consumption on the premises where sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
(2) 
Distilled spirits, wine, or malt beverage samples may be dispensed by an employee of the retailer, winery, distiller, manufacturer or brewer or by a sampling retained by the retailer, winery, distiller, manufacturer or brewer. All sampling service employees that provide and pour intoxicating liquor samples on a licensed retail premises shall be required to complete a server training program approved by the Division of Alcohol and Tobacco Control.
(3) 
Any distilled spirits, wine, or malt beverage sample provided by the retailer, winery, distiller, manufacturer, wholesaler, or brewer remaining after the tasting shall be returned to the retailer, winery, distiller, manufacturer, wholesaler, or brewer.

Section 600.030 License Regulations.

[R.O. 2012 §600.090]
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. 
Notwithstanding any other provision of this Chapter, a permit for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package, at retail by the drink for consumption on the premises of the licensee may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor 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. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section 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 room only, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
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. 
Number Limited. The number of alcoholic beverage licenses issued by the Liquor Control offices shall be limited on the following basis:
1. 
One (1) retail sales-by-drink license for each fifteen hundred (1500) population, and one (1) retail sales-by-package license for each twelve hundred fifty (1250) population; except that there shall be no limitation on licenses issued to hotels, apartment hotels, motels, inns, lodges or similar places, providing principally transient residential accommodations, and having at least forty (40) rooms for overnight accommodations; nor shall the Clay-Ray Veterans Club, Inc., which is a non-profit organization, consisting of members who have served their country in the military service, be included in the limitation on number of retail alcoholic beverage licenses, as set out in this Section. In addition to the above standard exclusions, restaurants and bars with sales of forty percent (40%) or more from non-alcoholic sales, shall not be included in the limitations on license for liquor by the drink. Also, in addition, to the standard exclusions, retail stores, with sales of forty percent (40%) or more from non-liquor sales, shall not be included in the limitations for package liquor.
2. 
The determination of population shall be made on the basis of the annual estimate of population made by the City Zoning and Planning Commission, on or about the first (1st) of March each year.
E. 
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 Liquor Control Officer 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 Liquor Control Officer, 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 Liquor Control Officer. 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.

A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within one hundred (100) 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 Liquor Control Officer, except that when a school, church or place of worship shall hereafter be established within one hundred (100) 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 one hundred (100) feet of the proposed licensed premises.
B. 
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., 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 holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.

Section 600.040 Schedule of License Fees.

A. 
For every license issued pursuant to this Chapter, the licensee shall pay to the City of Excelsior Springs a yearly fee as specified in the Schedule of Fees, Title I, Appendix A.
B. 
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).

Section 600.045 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 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 the Schedule of Fees, Title I, Appendix A, 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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
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 600.050 through Section 600.055. (Reserved) [1]

[1]
Editor's Note: Section 600.050 "Table tap dispensing of beer permitted, when"; and section 600.055 "Registration by licensees of kegs containing beer, wine or intoxicating liquor — restrictions" were removed prior to adoption of the Code. Section 600.050 derived from section 311.205, RSMo.; section 600.055 derived from R.O. 2012 §600.425 and ord. no. 02-5-5 §§1 — 8, 5-20-2002.

Section 600.060 Petition for Consumption on Premises.

[R.O. 2012 §600.055; Ord. No. 80-11-3 §5-100, 12-1-1980]
A. 
It shall be unlawful for the Liquor Control Officer to grant any license for the sale of alcoholic beverages at retail to be consumed on the premises in the City until fifty-one percent (51%) of the resident property owners owning property within one hundred eighty-five (185) feet of the boundaries of the property where the applicant intends to sell such alcoholic beverages and fifty-one percent (51%) of the tenants, if any, of said property, shall sign a petition asking such license to be issued to the applicant in such block or square in the City. Said petition shall be filed in the office of the Liquor Control Officer before the application of the license is acted upon. All licenses issued contrary to the provisions of this Section shall be void. Provided, that no minor shall be counted for said petition or against said petition, and no person to whom any real estate or other property has been deeded, transferred, conveyed or donated, for the purpose of making him/her or them eligible to sign said petition shall sign such petition.
B. 
After a site or location has once been approved by the Liquor Control Officer for the sale of alcoholic beverage by the drink, and a license issued by the City for the same, it shall not be required in subsequent years that applicants for a license to sell alcoholic beverage by-the-drink at that site or location submit a petition of approval of property owners or tenants.

Section 600.065 Authority of Liquor Control Officer.

[R.O. 2012 §600.080; Ord. No. 6549, 12-15-1975]
All new applications for licenses, under the provisions of this Chapter, shall be presented to the City Council by the Liquor Control Officer along with his/her recommendations. When new applications are approved by the Council, or renewals are requested by licensees, the Liquor Control Officer is hereby authorized and empowered to issue licenses provided by this Chapter for the manufacture or sale of alcoholic beverages, at wholesale or retail, and may issue such licenses to applicants who have complied with the terms of this Chapter and have paid the necessary license fee. Furthermore, the Liquor Control Officer shall see that all regulations and provisions of this Chapter and other ordinances of the City and the laws of the State regulating alcoholic beverages are properly enforced. If a Liquor Control Officer has not been appointed, the City Manager shall so act.

Section 600.070 Liquor Control Officer.

[R.O. 2012 §600.910; Ord. No. 6549, 12-15-1975; Ord. No. 99-12-14, 12-20-1999]
The City of Excelsior Springs appoints the Chief of Police of the City of Excelsior Springs as the Liquor Control Officer.

Section 600.080 Application for License and Renewal.

A. 
Filing Of An Application. Each application for an original or renewal license shall be filed with the Liquor Control Officer 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 Liquor Control Officer 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. 
Upon approval of any application for a license, the Liquor Control Officer 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.
D. 
Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the Liquor Control Officer. Upon approval of the Liquor Control Officer and payment of the license fee provided herein, the Liquor Control Officer shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license, the Liquor Control Officer shall conduct a hearing on the application for license renewal as provided in this Chapter.

Section 600.090 Approval of Application Based Upon Certain Conditions.

[R.O. 2012 §600.270; Ord. No. 6549, 12-15-1975]
Application for license to manufacture or sell intoxicating liquor, under the provisions of this Chapter, shall be made to the Liquor Control Officer.

Section 600.095 Burden of Proof on Violator Concerning Manufacturer-Sealed Container.

For purposes of determining violations and prosecution under this Chapter, or any rule or regulation of the Supervisor of Alcohol and Tobacco Control, 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 600.100 Purchase or Possession by Minor, Constructive Possession by Minor — an Ordinance Violation.

[R.O. 2012 §600.430; Ord. No. 6549, 12-15-1975; Ord. No. 03-1-4, 1-21-2003]
A. 
Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession an intoxicating liquor as defined in Section 600.010 is guilty of an ordinance violation.
B. 
For purposes of this Section, possession shall mean either: is in possession or close proximity to a container that has or recently had liquor in it or by speech, manner, appearance, behavior, lack of coordination or otherwise exhibits that he or she is under the influence of any intoxicating liquor as defined in Section 600.010.
C. 
For purposes of determining the alcoholic content of a person's blood under this Section, any Law Enforcement Officer who has the power to arrest may administer a chemical test of any person over sixteen (16) years of age and less than twenty-one (21) years of age suspected of a minor-in-possession violation.
D. 
For purposes of prosecution under this Section, a manufacture-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 provide evidence that there was not 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 in accordance with Section 311.325, RSMo.
E. 
A minor shall not be considered in possession if it can be shown that the alcohol consumed was given for medicinal purposes by a parent, guardian, physician or dentist, or such liquor was being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

Section 600.105 Sales to Minor — Exceptions.

[Ord. No. 15-07-04 §1, 7-6-2015]
A. 
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.
B. 
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.
C. 
It shall be a defense to prosecution under this Subsection if:
1. 
The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;
2. 
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
3. 
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.

Section 600.110 Use of Alcoholic Beverages and Drugs by Any Minor at Open House Parties Prohibited.

[R.O. 2012 §600.435; Ord. No. 99-12-9 §§1 — 3, 12-20-1999]
A. 
Definitions. Unless the provisions explicitly state otherwise, as used in this Chapter the following terms and phrases shall have the meanings hereinafter designated:
ADULT
A person seventeen (17) years of age or older.
ALCOHOLIC BEVERAGE
Any alcoholic liquor as defined now and hereafter by the Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined by Chapter 311.020 of the Revised Statutes of Missouri.
CONTROL
Any form of authority, regulation, responsibility or dominion, including a possessory right.
DRUG
A controlled substance as defined and described now or hereafter by the Revised Statutes of Missouri. Currently, "controlled substances" are defined and described by Sections 195.005 to 195.425 of the Revised Statutes of Missouri (Chapter 195).
MINOR
A person not legally permitted by reason of age to possess, consume or purchase alcoholic liquor as described now or hereafter by the Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering at a residence or premises of persons in addition to the owner or those with rights of possession or their immediate family members.
RESIDENCE or PREMISES
A motel room, hotel room, home, apartment, condominium, or other dwelling unit, including the curtilage of a dwelling unit, or a hall, meeting room, or other place of assembly, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented, or used with or without compensation.
B. 
Prohibited Activities. No adult who owns, rents, leases or subleases any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or drug is possessed or consumed at the residence or premises by any minor where the adult knew or reasonably should have known that any alcoholic beverage or drug was in the possession or being consumed by a minor at the residence or premises and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence or premises.
1. 
The provisions of this Section shall not apply to:
a. 
The consumption, use or possession of a drug by a minor pursuant to a lawful prescription for such drug.
b. 
Religious observance or prescribed medical treatments.
c. 
The possession by a minor of alcoholic beverages or lawfully prescribed drugs incidental to the lawful employment of such minor.
C. 
Penalty. Any person violating any provision of this Section shall be guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

Section 600.120 Miscellaneous Offenses.

[Ord. No. 13-04-01, 4-1-2013]
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. 
Packaging, Labeling, Repackaging Prohibited, When. 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. It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.
F. 
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.
G. 
Where Possession — Consumption Prohibited — Exceptions.
[Ord. No. 15-04-07, 4-20-2015]
1. 
No person shall possess any open container of any alcoholic beverage or alcoholic substance nor shall any person consume or drink any alcoholic beverage or alcoholic substance, of any kind whatsoever, in or upon any public property within the City of Excelsior Springs, including but not limited to any public building, street, alley, sidewalk, public lot, park, recreational facility or public facility, except as provided for by a special use permit.
2. 
No person shall possess any open container of any alcoholic beverage or alcoholic substance, nor shall any person consume or drink any alcoholic beverage or alcoholic substance, of any kind whatsoever, upon or inside of any motor vehicle or motorized vehicle, or public transportation within the City of Excelsior Springs, including but not limited to an automobile, truck, bus, taxi, motor home, van, semi-truck, homemade motor vehicle, tractor, all-terrain vehicle (ATV), golf cart, motorcycle or motorized bicycle.
3. 
Nothing in this Section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers on a motor bus having a rated seating capacity for ten (10) or more passengers that has been chartered and is not being utilized for conveyance of the general public, where the operation and control of such conveyance is by a person not in possession of or with ready access to such alcoholic beverage.
4. 
Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.

Section 600.130 Warning Sign Displayed — Liquor Licenses.

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.

Section 600.140 Administration of Law — License Suspension/Revocation.

A. 
Suspension Or Revocation Of License — When — Manner. The Liquor Control Officer may suspend or revoke the license of any person for cause shown. In such cases the Liquor Control Officer shall schedule a hearing not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Liquor Control Officer 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 600.150 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., or any ordinance of the City; or
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control; or
3. 
Making a false affidavit in an application for a license under this Chapter; or
4. 
Failing to keep an orderly place or house; or
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; or
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, or
b. 
Any person during unauthorized hours on the licensed premises, or
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 Liquor Control Officer.
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 this Chapter or 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.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Liquor Control Officer shall sell or give away any intoxicating liquor 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 order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.

Section 600.150 Hearings Upon Suspension or Revocation of Licenses.

A. 
Testimony — Evidence. Hearings before the Liquor Control Officer 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 Liquor Control Officer 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 Liquor Control Officer 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 Liquor Control Officer 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 600.140 of this Chapter, the Liquor Control Officer 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 Liquor Control Officer may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within thirty (30) days of the date of the Liquor Control Officer's decision. The Liquor Control Officer may delay the implementation of its order pending appeal.

Section 600.160 Transfer to Different Location — Application Required.

[R.O. 2012 §600.360; Ord. No. 6549, 12-15-1975]
A. 
The Liquor Control Officer shall first approve a request for the transfer of a license issued under this Chapter to a different location, and the application for permission to so transfer must be in writing, together with twenty-five dollars ($25.00) to cover investigation costs, and shall set forth:
1. 
The name and residential address of the licensee and current business address.
2. 
The address and legal description of the premises to which transfer is sought, together with the name and address of the owner, a complete set of building plans, and a descriptive list of the fixtures in the proposed place of business.
3. 
An affidavit by such licensee that he/she has not violated any of the provisions of this Chapter or of the State liquor laws since the license was granted.
4. 
Any additional information that the Liquor Control Officer may require.

Section 600.170 Annexed Businesses.

[R.O. 2012 §600.390; Ord. No. 6549, 12-15-1975]
Any person doing business for which a license is required by this Chapter outside the City limits in an area which is annexed by the City shall be eligible to apply, regardless of the limitations in Section 600.030(D), within fifteen (15) days after annexation, for a City license within the classification to which he/she is entitled at the time of annexation. If the limitation on the number of licenses is exceeded, no new licenses shall be issued except replacements for vacancies created by revocations, bona fide purchases or surrenders, until such time as the ratio established in Section 600.030(D) will permit.

Section 600.180 General Penalty — Continuing Violations.

[R.O. 2012 §600.930; Ord. No. 81-2-4, 2-16-1981]
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding three (3) months, or by both such fine and imprisonment, and every day thereafter such person shall violate any of the terms or provisions of this Article, he shall be deemed guilty of a separate offense and shall be proceeded against as in the first instance.

Section 600.190 Violations Not Otherwise Defined — Penalties.

[R.O. 2012 §600.940; Ord. No. 6549, 12-15-1975]
A. 
Any violation of any of the provisions of this Chapter not otherwise defined, shall be a misdemeanor, and any person guilty of violating any of said provisions, and for which violation no other penalty is by this Chapter imposed, shall, upon conviction thereof be adjudged guilty of a misdemeanor.
B. 
If the person so convicted shall be the holder of any permit or license issued pursuant to the provisions of this Chapter, such conviction by any court of competent jurisdiction shall, without further proceeding, action or order by any court or by the Liquor Control Officer, operate to revoke and forfeit as of the date of such conviction such permit and all rights and privileges granted thereby and the holder of such permit shall not thereafter, for a period of one (1) year after the date of such conviction, be entitled to any permit for any person authorized in this Chapter.
C. 
If the permittee or license charged in such proceeding with such violation, be, by final judgement therein, acquitted of said charge, he may apply for and receive a license pursuant to this Chapter upon paying therefor the license fee in this Chapter required, and by otherwise conforming to all requirements as to such applicants, and with the same right as though he had never held a license under the provisions of this Chapter.