[1]
Editor's Note: Former Ch. 600, Alcoholic Beverages, as derived
from Ord. Nos. 30, 396, 479, and 602, was repealed 10-18-2021 by Ord.
No. 818.
[Ord. No. 818, 10-18-2021]
When used in this Chapter, the following words shall have the
following meanings:
All beverages regulated by this Chapter, including intoxicating
liquor, light wines, and malt liquor.
A place where all doors are locked and where no patrons are
in the place or about the premises.
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor, where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas or otherwise, and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
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.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight exclusively
from grapes, berries and other fruits and vegetables.
An intoxicating liquor containing alcohol in excess of one-half
of one percent (0.5%) by weight and not in excess of five percent
(5%) alcohol 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.
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 exceeding
fifty (50) milliliters, three (3) or more bottles of malt liquor,
where the package and/or container(s) describes the contents thereof
as intoxicating liquor.
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any officer
appointed by any State or Federal court.
The portion of any building in which a licensee under this
Chapter has his/her place of business and any additional building
or portion thereof used in connection therewith, and the entire lot
or lots, parcel or parcels of land on which said buildings are situated,
or which are used in connection with the buildings.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
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.
The sale of intoxicating liquor including malt liquor between
the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.
[Ord. No. 818, 10-18-2021]
A.Â
No person shall sell or offer for sale intoxicating liquor in the
City of Green Park 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.
1.Â
General Licenses. Any person possessing the qualifications and
meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor:
a.Â
Package Liquor — Malt Liquor Only. Sales of malt liquor
at retail in the original package not for consumption on the premises
where sold.
b.Â
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 (A)(1)(a) above.
c.Â
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 Subsection (A)(1)(a) above.
d.Â
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 (A)(1)(b) above.
e.Â
Common Eating And Drinking Areas. Sales of intoxicating liquor
of all kinds by the drink at retail not for consumption on the premises
where sold but for consumption in a common eating or drinking area.
2.Â
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 for Sunday sales of intoxicating liquor:
a.Â
Package Liquor — All Kinds. Sales of liquor of all kinds
in the original package at retail, not for consumption on the premises
where sold.
b.Â
Liquor By The Drink — Restaurant Bar. Sales of liquor
of all kinds by the drink at retail for consumption on the premises
of any restaurant bar.
c.Â
Liquor By The Drink — Common Eating And Drinking Area.
Sales of liquor of all kinds by the drink at retail not for consumption
on the premises where sold but for consumption in a common eating
or drinking area.
3.Â
Permits.
a.Â
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.
b.Â
Tasting Permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsection (A)(1)(b) 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 such beverages for on-premises consumption.
c.Â
Temporary Permit For Sale By Drink — Certain Organizations.
(1)Â
The City Clerk may issue permits for the sale of
intoxicating liquor for consumption on premises where sold to any
church, school, civic, service, fraternal, veteran, political or charitable
club or organization 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)Â
If the event will be held on a Sunday, the permit
shall authorize the sale of intoxicating liquor on that day beginning
at 6:00 A.M.
(3)Â
At the same time that an applicant applies for
a permit under the provisions of this Section, 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)Â
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.
d.Â
Temporary Location For Liquor By The Drink, Caterers; Festivals
— Permit — Fee Required.
(1)Â
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 Section 600.040(A)(3)(c) below, or fraction thereof, for which the permit is issued.
(2)Â
Except as provided in Subsection (A)(3)(c), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City 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.
(3)Â
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.
(4)Â
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.
[Ord. No. 818, 10-18-2021]
A.Â
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.
B.Â
(Reserved)
C.Â
Operating Hours, Days.
1.Â
No licensee nor any employee of such person shall sell, give
away or otherwise dispose of, or allow the same to be done, on or
about the premises 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. Any person licensed to sell
intoxicating liquor by the drink shall keep a closed place during
the aforementioned prohibited times.
2.Â
When January 1st, March 17th, July 4th, or December 31st falls
on Sunday, and on the Sundays prior to Memorial Day and Labor Day
and on the Sunday on which the championship game of the National Football
League is played, commonly known as "Super Bowl Sunday," a licensee
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.Â
Retailer-Packaged Alcoholic Beverages; To-Go Or Take-Out Containers.
1.Â
Notwithstanding any provision of law to the contrary, any person
who is licensed by the City to sell intoxicating liquor at retail
by the drink for on-premises consumption may sell retailer-packaged
alcoholic beverages to customers in containers, filled on such premises
by any employee of the retailer who is twenty-one (21) years of age
or older, for off-premises consumption if all the following requirements
are met:
a.Â
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A sealable container does not include a container
with a lid with sipping holes or openings for straws;
b.Â
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
c.Â
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subsection,
a "meal" is defined as food that has been prepared on-premises;
d.Â
The number of alcoholic beverages sold under this Section by
a licensee for off-premises consumption is limited to twice the number
of meal servings sold by the licensee for off-premises consumption;
e.Â
The licensee provides the patron with a dated receipt or an
electronic record for the meal and alcohol beverages; and
f.Â
The container is either:
(1)Â
Placed in a single-use, transparent bag that is
securely sealed and made tamperproof such that the lid, cap, or seal
will visibly demonstrate when a bag or container has been opened;
or
(2)Â
The container opening is sealed with tamperproof
tape that will visibly demonstrate when a bag or container has been
opened.
g.Â
The container is filled in compliance with Section 3-304.17(c)
of the 2009 Food and Drug Administration Food Code.
2.Â
Containers that are filled under Subsection (A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than 12 characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
E.Â
Self-Dispensing Of Beer Or Wine Permitted, When.
1.Â
Any person licensed to sell liquor at retail by the drink for
consumption on the premises where sold may use a self-dispensing system,
which is monitored and controlled by the licensee and allows patrons
of the licensee to self-dispense beer or wine. Before a patron may
dispense beer or wine, an employee of the licensee must first authorize
an amount of beer or wine, not to exceed thirty-two (32) ounces of
beer or sixteen (16) ounces of wine per patron per authorization,
to be dispensed by the self-dispensing system.
2.Â
No provision of law or rule or regulation of the City shall
be interpreted to allow any wholesaler, distributor, or manufacturer
of intoxicating liquor to furnish self-dispensing or cooling equipment
or provide services for the maintenance, sanitation, or repair of
self-dispensing systems.
F.Â
Draft Beer, Dispensed On Premises For Consumption Off Premises —
Requirements.
1.Â
Any person who is licensed to sell intoxicating liquor in the
original package at retail, may sell from thirty-two (32) to one hundred
twenty-eight (128) fluid ounces of draft beer to customers in containers
filled by any employee of the retailer on the premises for consumption
off such premises. Any employee of the licensee shall be at least
twenty-one (21) years of age to fill containers with draft beer.
2.Â
No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (F)(1) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail.
G.Â
General License Regulations.
1.Â
Each license issued hereunder shall be conspicuously posted
on the premises for which the license has been issued.
2.Â
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.Â
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 window 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.Â
In the event any licensee desires to change the location of
his/her place of business in the City, it shall be necessary for him/her
to file an application in the same manner as herein provided for an
original application, except that no additional fee shall be charged
and the amended license, describing the new location, shall be issued
immediately upon the approval of the application by the Board. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
H.Â
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.
I.Â
Fees Taken In Lieu Of Proportionate Part Of Merchant's Tax And
Ad Valorem Tax. The fees to be charged under the provisions of this
Chapter shall be taken in lieu of the proportionate part of any merchant's
license fee and ad valorem tax for the stock and sales of intoxicating
liquor under the provisions of this or any other ordinance of the
City, and the aggregate amount of the sales thereof made by any license
hereunder shall not be returned by such merchant for purposes of merchant's
license or ad valorem tax, nor shall such stock of sales be included
in the computation of any merchant's license or ad valorem tax.
[Ord. No. 818, 10-18-2021]
A.Â
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.Â
General Licenses.
a.Â
Malt liquor — original package: twenty-two dollars and
fifty cents ($22.50).
b.Â
Intoxicating liquor (all kinds) — original package: one
hundred fifty dollars ($150.00).
c.Â
Malt liquor and/or light wines — by drink: fifty-two dollars
and fifty cents ($52.50).
d.Â
Intoxicating liquor (all kinds) — by drink: four hundred
fifty dollars ($450.00).
e.Â
Common eating and drinking places: four hundred fifty dollars
($450.00).
3.Â
Permits.
a.Â
Temporary permit — by the drink for certain organizations
[seven (7) days max.]: thirty-seven dollars and fifty cents ($37.50).
b.Â
Tasting permit: thirty-seven dollars and fifty cents ($37.50).
c.Â
Caterers: fifteen dollars ($15.00)/day.
|
Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths as there are months (part of a month counted
as a month) remaining from the date of the license to the next succeeding
July 1.
|
[Ord. No. 818, 10-18-2021]
A.Â
Filing Of An Application. Each application for an original or subsequent
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.Â
Bond Requirements. Each application for a license shall be accompanied
by a bond, to be given to the City in the amount of two thousand dollars
($2,000.00) with sufficient sureties, conditioned that the person
obtaining such license shall at all times abide by the provisions
of the Liquor Control Act of the State of Missouri, this Chapter and
all other ordinances of the City. Only one (1) bond shall be required
under this Section from any one (1) person, and such bond shall, while
in force, cover all licenses held by any one (1) applicant and all
classes of sales carried on hereunder. Such bond may be sued on in
the name of the City for the use and benefit of any person damaged
by the breach of any of the conditions thereof.
C.Â
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. In addition, thereto the Board of Aldermen 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 to an applicant.
D.Â
Neighborhood Approval. Each applicant for a new liquor license shall be responsible for the cost to the City of publishing notice of the hearing required pursuant to Subsection (E) in a newspaper of general circulation in the City at least seven (7) days prior to the hearing; provided that if the application is accompanied by the written approval of a majority of the property owners within a distance of two hundred (200) feet from the proposed location in all directions and measured exclusive of streets, alleys, rights-of-way and public land, no such newspaper publication shall be required.
E.Â
Hearing On Application. Upon the filing of the application for a new license with the Clerk, the Clerk shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of the hearing. Whenever the proposed license premises (property lot line) is within two hundred (200) feet of any school, church or other building regularly used as a place of religious worship, written notice of the application shall be provided at least ten (10) days in advance of the hearing to all property owners within two hundred (200) feet of the proposed license premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
1.Â
The Board shall consider the location of the proposed business
for which a license is sought with respect to its proximity to a school,
a church, a public park or playground and to other places of the character
for which a license is sought 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 of the proposed business.
In no event shall the Board approve the issuance of a license for
the sale of liquor within two hundred (200) feet of any school, church
or other building regularly used as a place of worship unless the
applicant for the license shall first obtain the consent, in writing,
of the Board of Aldermen and after notice is given as provided herein
irrespective of such proximity of a school, church or other place
of worship. When a school, church or place of worship is established
within two hundred (200) feet of any place of business already licensed
to sell intoxicating liquor, grant of the license to that premises
shall not be denied for this reason.
2.Â
The Board shall approve the application, subject to any conditions
as may be necessary to meeting the following conditions, if after
the hearing it finds:
a.Â
Issuance of the requested license would be in the best interests
of the City and the owners, residents and occupants of property in
the locality of the proposed business;
b.Â
The applicant is a person of good moral character and a qualified
legal voter and a taxpaying citizen of the County, Town, City or Village,
nor shall any corporation be granted a license hereunder unless the
managing officer of such corporation is of good moral character and
a qualified legal voter and taxpaying citizen of the County, Town,
City or Village;
c.Â
No person shall be granted a license or permit hereunder whose
license as such dealer has been revoked or who has been convicted,
since the ratification of the 21st Amendment to the Constitution of
the United States, of a violation of the provisions of any law applicable
to the manufacture or sale of intoxicating liquor or who employs in
his business as such dealer any person whose license has been revoked
or who has been convicted of violating such law since the date aforesaid;
provided that nothing in this Section contained shall prevent the
issuance of licenses to non-residents of Missouri or foreign corporations
for the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquors to, by or through a duly
licensed wholesaler within this State;
d.Â
The applicant plans and proposes to conduct a retail liquor
business in compliance with the laws of the State of Missouri, the
ordinances of the City and the provisions of this Chapter.
F.Â
Upon approval of any application, the Clerk shall grant the applicant
a license to conduct business in the City for a term to expire with
the 30th day of June next succeeding the date of such license, unless
such license be revoked or suspended before the expiration of such
time.
G.Â
Applications for subsequent licenses for a previously licensed premises must be filed on or before the first day of May of each calendar year. Upon payment of the license fee provided herein, the Clerk shall renew the license; provided, however, that in the event that a person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against such subsequent license prior to the first day of May, the Board shall conduct a hearing on the application for subsequent license as provided in Section 600.050(E) hereof.
[Ord. No. 818, 10-18-2021]
A.Â
Persons Eighteen (18) Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.Â
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.Â
In any place of business licensed in accordance with Section 600.020(A)(1)(a) and (b), persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register and accept payment for, and sack for carryout, intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
3.Â
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 in places of business which sell food for consumption
on the premises if at least fifty percent (50%) of all sales in those
places consists of food; provided that nothing in this Section shall
authorize persons under twenty-one (21) years of age to mix or serve
across the bar intoxicating beverages.
B.Â
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 supplying of intoxicating liquor to a person under
the age of twenty-one (21) years by his/her parent or guardian or
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 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 the licensee.
C.Â
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.Â
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.Â
In addition to Section 600.060(C)(1) above, 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.Â
Purchase Or Possession By Minor, Misdemeanor. No person under the
age of twenty-one (21) years shall purchase or possess any intoxicating
liquor except as otherwise authorized by law. For purposes of prosecution,
a manufacturer-sealed container which describes its contents as intoxicating
liquor need not be opened or the contents tested to establish the
contents as intoxicating liquor.
[Ord. No. 818, 10-18-2021]
A.Â
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.Â
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.
C.Â
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 laws of the State 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.
D.Â
Unauthorized Liquors Prohibited On Premises Licensed For Sale By
Drink — Exceptions. It shall be unlawful for the holder of any
license authorized by this Chapter, for the sale of any intoxicating
liquor at retail by the drink for consumption on the premises where
sold, to keep or secrete, or to allow any other person to keep or
secrete 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 license, or any kind of liquor used exclusively as an ingredient
in any foods being prepared and sold on the premises.
E.Â
Off-Premises Consumption.
1.Â
No licensee shall sell intoxicating liquor at retail in the
original package, not to be consumed on the premises where sold, in
any quantity other than an original package as defined herein.
2.Â
No licensee shall permit any person to remove from the licensed
premises any intoxicating liquor in any unsealed glass, bottle, can
or other open container of any type.
3.Â
All licensees shall post a notice at each exit of the premises
which is used by customers or patrons that "NO ALCOHOLIC BEVERAGES
MAY BE CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING."
F.Â
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.Â
Drinking In Public Places Prohibited.
1.Â
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.Â
No person shall drink or ingest any intoxicating liquor in or
on any public place.
3.Â
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 while in or upon any public place.
4.Â
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 while within or on any motor vehicle while
the same is being operated upon or parked or standing in or upon any
public place.
[Ord. No. 818, 10-18-2021]
A.Â
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases, the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice 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 600.090 of this Chapter.
B.Â
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.Â
Violating any of the provisions of either this Chapter, Chapter
311, RSMo., or any ordinance of the City;
2.Â
Failing to obtain or keep a license from the State Supervisor
of Liquor Control;
3.Â
Making a false affidavit in an application for a license under
this Chapter;
4.Â
Failing to keep an orderly place or house;
5.Â
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.Â
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.Â
Selling, giving, or otherwise supplying intoxicating liquor
to:
a.Â
Any person under the age of twenty-one (21) years;
b.Â
Any person during unauthorized hours on the licensed premises;
c.Â
A habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor; or
d.Â
Any person on the licensed premises during a term of suspension
as ordered by the Board.
C.Â
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, RSMo. 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.Â
Effect Of Suspension. No person whose license shall have been suspended
by order of the Board shall sell or give away any intoxicating liquor
during the time such suspension is in effect. Any licensee desiring
to keep the premises open for the sale of food or merchandise during
the period of suspension shall display the Board's order of suspension
in a conspicuous place on the premises so that all persons visiting
the premises may readily see the same.
[Ord. No. 818, 10-18-2021]
A.Â
Testimony — Evidence. Hearings before the Board 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.Â
Witnesses — How Summoned. Subpoenas may be issued by the Board
for any person whose testimony is desired at any hearing. Such subpoenas
may be served and returns thereon made by any agent and in the same
manner as provided by law for the service of subpoenas in civil suits
in the Circuit Courts of this State. The Board also may issue subpoenas
duces tecum requiring the production of documents or other items pertaining
to the subject of the inquiry.
C.Â
Witnesses To Be Sworn. Before any witness shall testify in any such
hearing, he/she shall be sworn by the City Clerk to tell the truth
and nothing but the truth.
D.Â
Decision — License Application. If the evidence supports a finding that a license should be granted, such license shall be issued in accordance with Section 600.050 of this Chapter. If the evidence supports a finding that the license should be disapproved, the Board shall so notify the applicant, in writing, setting forth the grounds and reasons for disapproval, and shall return therewith the applicant's remittance.
E.Â
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
[Ord. No. 818, 10-18-2021]
In addition to any suspension or revocation proceedings set forth herein, or any remedies at law or equity, any person, firm or corporation violating any provisions of this Chapter shall be subject to the general penalty provision of Section 100.140 of this Code.
