City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
Cross Reference—Driving while intoxicated, §342.010.
[CC 1970 §3-1; CC 1947 §10-35; Ord. No. 3485 §1, 8-10-1971; Ord. No. 4212 §1, 10-13-1981; Ord. No. 4869 §1, 3-10-1992; Ord. No. 5195 §1, 9-26-1995; Ord. No. 6160 §1, 9-13-2011]
As used in this Chapter, the following terms shall have the respective meanings ascribed to them:
BAR
Any counter or similar furnishing other than a table for which the primary purpose is the service of alcoholic beverages or light meals.
BUSINESS DISTRICT
Those areas within the following boundaries:
1. 
An area bounded by the City limits on the east, Hanley Road on the west, Forsyth Boulevard on the north and Forest Park Expressway on the south.
2. 
An area bounded by Hanley Road on the east, Brentwood Boulevard on the west, Maryland Avenue on the north and Shaw Park Drive on the south.
3. 
An area bounded by Brentwood Boulevard on the east, North Forsyth Boulevard on the west, the south side of Maryland on the north and Forsyth Boulevard on the south.
4. 
The south side of Maryland Avenue from North Forsyth Boulevard on the east to the City limits on the west.
5. 
The north side of Maryland Avenue from Brentwood Boulevard on the east to North Forsyth Boulevard on the west.
6. 
The triangular area bounded by Forest Park Parkway, Brentwood Boulevard and Interstate 170 (known as Corporate Park).
7. 
The triangular area bounded by Interstate 170, Brentwood Boulevard and Clayton Road.
CITY
The City of Clayton, Missouri.
CLUB
Any not-for-profit organization, incorporated or unincorporated, having in excess of fifty (50) members and personal property and equipment costing in excess of twenty-five hundred dollars ($2,500.00), all of which property shall be owned by the members in the manner provided by Missouri law for incorporated and unincorporated organizations.
HAPPY HOUR
Any designated period of time during which the consumption of intoxicating liquor on the premises is encouraged by the sale and/or service of intoxicating liquor or other beverages of any type and/or food at a discount, at no charge or by any other means.
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
Any wines manufactured exclusively from grapes, berries and other fruits and vegetables containing not in excess of fourteen percent (14%) of alcohol by weight.
MALT LIQUOR
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 in excess of three and two-tenths percent (3.2%) by weight.
MICROBREWERY
A business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less.
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 in excess of one-half of one percent (.5%) by volume and not in excess of three and two-tenths percent (3.2%) by weight.
PERSON
Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal Court.
PREMISES
The place where intoxicating liquor or non-intoxicating beer is sold, dispensed and consumed and may be one (1) room, a building comprising several rooms or a building with adjacent or surrounding land such as a lot or garden.
RESIDENTIAL AREA
An area located in the City that has been designated as residential as set forth in Title IV of this Code, Zoning Regulations.
RESTAURANT
Any place of business, the main purpose and activity of which is to serve meals, sandwiches, short orders and other food to be eaten by its customers on the premises and which does not provide or furnish to the public lodging or sleeping rooms.
RESTAURANT BAR
Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.
WINE BAR
A type of restaurant (as defined in Section 405.390) with a floor area not exceeding one thousand five hundred (1,500) gross square feet which serves food and only beer, wine and non-alcoholic beverages and where the sale of food consumed on the premises constitutes at least twenty percent (20%) of gross sales of the establishment.
[1]
Cross Reference—Definition of "original package", §600.140(B).
State Law References—For definitions, §§311.020, 311.030, 311.060, 311.095, 311.100, 311.290, 311.550, 312.010, RSMo.
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.
(RSMo. §311.080, 2005)
A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within two hundred (200) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the Board of Aldermen, except that when a school, church or place of worship shall hereafter be established within two hundred (200) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within two hundred (200) feet of the proposed licensed premises.
B. 
Subsection (A) of this Section shall not apply to a license 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.
[Ord. No. 6160 §2, 9-13-2011]
No more than one (1) "wine bar" license shall be approved and issued by the City for each six thousand (6,000) residents or portion thereof as determined by the most recent decennial census.
[CC 1970 §3-13; CC 1947 §10-37(d); Ord. No. 3486 §1, 8-10-1971; Ord. No. 4097 §1, 3-25-1980; Ord. No. 4329 §1, 9-27-1983; Ord. No. 4529 §1, 9-9-1986; Ord. No. 4624 §1, 3-22-1988; Ord. No. 5762 §1, 6-10-2003; Ord. No. 5790 §1, 10-28-2003]
A. 
No person having a license issued pursuant to this Chapter or Chapter 312, RSMo., 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. Sunday and 6:00 A.M. on the following Monday upon or about his/her premises; provided when December thirty-first (31st) falls on Sunday, any person having a license to sell intoxicating liquor by the drink under the provisions of his/her license may do so on that day after the hour of 9:00 A.M. and until the time which would be lawful on any other day of the week notwithstanding any provisions of the law or ordinance to the contrary.
B. 
Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise, other than intoxicating liquor, are dispensed, 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.
C. 
Notwithstanding any other provision of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter and who now hereafter meets the requirements of and complies with the provisions of this Chapter may apply for and, upon approval of the Board of Aldermen, the Director of Finance may issue a license to sell intoxicating liquor, as in this Chapter defined, between the hours of 9:00 A.M. and Midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar as described in this Chapter and in the application. Persons holding a license under this paragraph shall comply with all provisions of the State law and with all other ordinances and regulations of the City relating to the sale of liquor by the drink for consumption on the premises where sold.
D. 
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter and who is licensed to sell intoxicating liquor in the original package at retail under this Chapter may apply for and, upon approval of the Board of Aldermen, the Director of Finance may issue a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; provided however, that issuance of such a permit shall not be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
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.
A. 
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.
B. 
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 and accept payment for, and sack for carryout, 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.
C. 
In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to this Chapter or Chapter 312, RSMo., may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor or non-intoxicating beer.
D. 
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.
A. 
Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of an ordinance violation. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.
B. 
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
A. 
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.010 or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood is guilty of an ordinance violation. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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 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.
B. 
For purposes of determining violations of any provision of this Chapter, or of 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 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.
C. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older;
2. 
Is enrolled in an accredited college or university and is a student in a culinary course;
3. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
4. 
Tastes a beverage under Subdivision (3) of this Subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
A. 
Any licensee under this Chapter, or his/her employee, who shall 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, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of an ordinance violation, except that this Section shall not apply 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 any 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 when 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 or her parent or guardian, is guilty of an ordinance violation.
C. 
It shall be a defense to prosecution under this Section 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.
[CC 1970 §3-18; CC 1947 §10-37(f)]
It shall be unlawful for any minor under the age of eighteen (18) years to be and remain or to loiter in any premises (other than the dining or lodging areas of hotels or restaurants) where intoxicating liquors are sold at retail by the drink for consumption on the premises, unless accompanied by the parent or legal guardian of such minor and it shall be unlawful for any person licensed to sell intoxicating liquors at retail by the drink for consumption on the premises or his/her employee to allow any minor under the age of eighteen (18) years, unless accompanied by the parent or legal guardian of such minor, to be and remain or to loiter on said premises, except for the sale by minors in supermarkets as authorized by State law and each such licensee shall keep at all times conspicuously posted a printed sign displaying in black letters not less than one (1) inch wide on a white background the words: "Notice—Minors under the age of eighteen (18) years are not allowed here unless accompanied by parent or legal guardian". The maintenance of such sign, however, shall not excuse any licensee from a violation of this provision.
[Ord. No. 6420 §1, 4-12-2016]
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 100.110 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.
[CC 1970 §17-12; CC 1947 §12-37; Ord. No. 5066 §1, 4-26-1994]
A. 
Any person who shall use, distribute, possess, purchase, sell or otherwise obtain any intoxicating liquor, malt liquor or non-intoxicating beer and shall be found in the City with any of said beverages in his/her possession intending to drink, drinking or having drunk any of said beverages in or on any highway, thoroughfare, street, alley, place, way, parking lot or other area open to the public for vehicular or pedestrian travel or use, regardless of his/her legal status or whether owned by the City or other public bodies or by private persons or in any public place, shall be deemed guilty of an ordinance violation. Provided however, that the provisions of this Section shall not apply to:
1. 
Any person who has been granted a license or permit as provided in Chapter 600 of this Code of Ordinances.
2. 
Any person possessing a beverage container containing alcoholic beverages for immediate consumption, within the boundaries of a civic event, which was obtained from an authorized concessionaire.
3. 
Any person possessing a beverage container containing alcoholic beverages for immediate consumption within thirty (30) feet of any designated outdoor dining or outdoor seating area of a restaurant duly authorized to provide outdoor dining or outdoor seating for its patrons. This exception shall apply only on those days when any permit for a civic event has been issued and only for the time during said event and within thirty (30) minutes thereafter.
4. 
Any person possessing an unopened alcohol beverage container, outside the boundaries of a civic event, which has been purchased from a licensed retailer for the purpose of transport to his/her residence or other private premises on which he/she is a invitee, guest or licensee for future consumption.
5. 
For purposes of this Section, the following words and phrases shall have the meanings set forth below, unless the context otherwise requires:
ALCOHOLIC BEVERAGE
Intoxicating liquor as defined in Section 311.020, RSMo.
BEVERAGE CONTAINER
Any metal, glass, plastic, wood, leather or animal skin or other container, can, bottle, jug or barrel, sealed or unsealed, designed or used for containing liquids intended for human consumption.
CIVIC EVENT
Any picnic, fair, festival (except those festivals described and defined in Section 600.220 of the Clayton Code of Ordinances), carnival or other event to which the general public is invited and for which a permit has been issued for use of public streets, parks or other public property or within the area of a public park or other public place.
[1]
Charter Reference—Authority to license, tax and regulate, art. II §15(22).
[CC 1970 §3-26; CC 1947 §10-36(a)]
It shall be unlawful for any person to sell or expose for sale, either at retail or wholesale, or to manufacture in the City any intoxicating liquor, malt liquor or non-intoxicating beer without first having obtained from the City a license therefor, except as otherwise provided herein.
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 Board of Aldermen 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 Clerk shall grant the applicant a license to conduct business in the City for a term to expire with the thirtieth (30th) day of June next succeeding the date of such license, unless such license be revoked or suspended for cause before the expiration of such time.
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 Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk 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 Board shall conduct a hearing on the application for license renewal as provided in this Subsection.
[CC 1970 §3-28; CC 1947 §10-35(f); Ord. No. 4869 §2, 3-10-1992; Ord. No. 5195 §1, 9-26-1995; Ord. No. 6160 §3, 9-13-2011]
A. 
All applications for licenses for the sale of intoxicating liquor, light wine, non-intoxicating beer and/or malt liquor, at retail by the drink and for tasting or sampling the same, for consumption on the premises, regardless of the location of the premises, shall be filed with the Director of Finance on forms to be furnished by the Director, such applications to be signed and sworn to by the applicant. All such applications shall be accompanied by the following:
1. 
The annual or prorated fees set forth in this Chapter for the class of license applied for in such applications.
2. 
A petition signed by two-thirds (2/3) of the assessed taxpaying citizens owning real property and by two-thirds (2/3) of the persons occupying or conducting any business on the main or surface floor of buildings within a distance of three hundred (300) feet from the proposed location in all directions and located within the City assenting to such application.
The foregoing notwithstanding, however, the requirement that a petition be submitted, in accordance with Subsection (A)(2) above, shall be waived in the event that the issuance of the license shall be approved by the affirmative vote of two-thirds (2/3) of the members of the Board of Aldermen.
B. 
In addition to the foregoing, applications for licenses for the sale of intoxicating liquors, light wine, non-intoxicating beer and/or malt liquor, at retail by the drink and for tasting or sampling the same, for consumption in or on a premises located outside of the business district, shall be accompanied by such evidence as the Director of Finance shall reasonably require that the applicant has operated a restaurant on the same premises for a period of not less than one (1) year. However, the foregoing requirement of this Subsection (B) shall be waived if:
1. 
The application for the license is approved by the affirmative vote of two-thirds (2/3) of the members of the Board of Aldermen; or
2. 
The application is for the sale of light wine, wine, non-intoxicating and/or beer only, at retail by the drink and for tasting or sampling the same, for consumption in or on the premises; or
3. 
The application is for the tasting or sampling of wine only and the applicant has been granted a license for the sale of liquor in the original package in accordance with Section 600.140 of this Chapter.
C. 
All licenses issued pursuant to Subsection (B) above shall be subject to the following restrictions:
1. 
Happy hour shall be prohibited; and
2. 
Bar service shall be prohibited.
D. 
All "wine bar" licenses issued pursuant to this Chapter shall be subject to the following restrictions:
1. 
The establishment shall not have a floor area greater than one thousand five hundred (1,500) gross square feet; and
2. 
The establishment shall not serve any alcoholic beverages except beer or wine; and
3. 
The sale of food consumed on the premises constitutes at least twenty percent (20%) of gross sales of the establishment.
E. 
All applications for the renewal of any license issued pursuant to Subsections (A) or (B) above shall be filed with the Director of Finance on forms to be furnished by the Director. Such applications shall be signed and sworn to by the applicant and shall be accompanied by the annual or prorated fees set forth in this Chapter for the class of license applied for in such applications. Additionally, applications for the renewal of licenses issued for establishments located outside the business district shall be accompanied by such evidence as the Director of Finance shall reasonably require that since the initial approval of the application, at least fifty percent (50%) of the total revenue from the premises for which the license was issued is realized from the sale of products other than intoxicating liquor; and, in the case of wine bars, the application shall be accompanied by such evidence as the Director of Finance shall reasonably require that at least twenty percent (20%) of the total revenue from the premises for which the license was issued is realized from the sale of food consumed on the licensed premises.
F. 
No consumption of intoxicating liquor, light wine, non-intoxicating beer and/or malt liquor of any type or nature whatsoever, including, but not limited to, tasting and sampling, shall be permitted in or on any premises unless a license for the sale or tasting of the same has been issued in accordance with this Section.
[CC 1970 §3-29; CC 1947 §10-35(f); Ord. No. 4869 §2, 3-10-1992]
The premises shall, at the time of application for all licenses hereunder, be fully described and the areas for sales, dispensing and consumption upon and within said premises shall be accurately located in such application.
[CC 1970 §3-30; CC 1947 §10-36(e); Ord. No. 5195 §1, 9-26-1995]
The Director of Finance shall, within thirty (30) days after filing, present to the Board of Aldermen, at its regular or special meeting, all applications for license filed pursuant to the requirements of this Chapter and upon approval of any application by a majority of said Board and payment of the fees herein provided, the Director of Finance shall issue a license to such applicant to conduct business in the City until July thirty-first (31st) following its issuance; and all renewals of licenses shall be issued by the Director of Finance upon application of licensees and payment of the annual license fee as a matter of course except as herein otherwise provided.
[CC 1970 §3-44; CC 1947 §10-37(j); Ord. No. 3487 §1, 8-10-1971; Ord. No. 4213 §1, 10-13-1981; Ord. No. 4974 §1, 6-8-1993; Ord. No. 5102 §1, 9-27-1994; Ord. No. 5195 §1, 9-26-1995; Ord. No. 5762 §2, 6-10-2003; Ord. No. 5790 §3, 10-28-2003; Ord. No. 6160 §4, 9-13-2011]
A. 
All Intoxicating Liquor At Retail In Original Package. Except as provided in Subsection (C) below, 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: drugstore, cigar or tobacco store, grocery store, general merchandise store, 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. Except as provided in Subsection (G), the annual license fee for each license to sell all kinds of intoxicating liquor at retail in the original package between the hours of 12:01 A.M. on Mondays and Midnight on Saturdays shall be one hundred fifty dollars ($150.00); and the annual license fee for each license to sell all kinds of intoxicating liquor at retail in the original package on Sundays between the hours of 9:00 A.M. and Midnight shall be three hundred dollars ($300.00).
B. 
Malt Liquor At Retail In Original Package. Malt liquor may be sold by grocers and other merchants and dealers in the original package direct to consumers but not for resale and not for consumption on the premises where sold (the term "original package" meaning for this purpose three (3) or more standard bottles of beer) and a license for such sale shall also permit the holder thereof to sell non-intoxicating beer in like manner, but it shall be unlawful for any person holding such license and not at the same time holding a license for sale of all intoxicating liquor to have, keep, sell or offer to sell in or on said premises any intoxicating liquor other than malt liquor. Except as provided in Subsection (G) below, the annual license fee for each license to sell malt liquor at retail in the original package between the hours of 12:01 A.M. on Mondays and Midnight on Saturdays shall be twenty-two dollars fifty cents ($22.50); and the annual license fee for each license to sell malt liquor at retail in the original package on Sundays between the hours of 9:00 A.M. and Midnight shall be forty-five dollars ($45.00).
C. 
Special Permit For Wine, Malt Beverage And Distilled Spirit Tastings. The annual license fee for a special permit to conduct wine, malt beverage and distilled spirit tastings on premises licensed for sale of intoxicating liquor at retail in original package shall be thirty-seven dollars fifty cents ($37.50).
D. 
All Alcoholic Beverages By The Drink. The annual license fee for the sale of all kinds of alcoholic beverages, or a selection of alcoholic beverages, at retail by the drink for consumption on the premises of the licensee shall be for each separate license four hundred fifty dollars ($450.00) and for such sale on Sunday by a "restaurant bar" or a "wine bar" an additional three hundred dollars ($300.00) for each separate license.
E. 
Malt Liquor By The Drink. The annual license fee for the sale of malt liquor or light wines or both malt liquor and light wines at retail by the drink or consumption on the premises of the licensee shall be for each separate license fifty-two dollars fifty cents ($52.50) and for such sale on Sunday by a "restaurant bar" an additional one hundred dollars ($100.00) for each separate license; and said license fee shall include the sale of non-intoxicating beer in such manner.
F. 
Distiller, Manufacturer, Brewer Or Blender Of Various Kinds Of Intoxicating Liquor: The annual license fees for the distilling, manufacturing, brewing or blending of intoxicating liquor within the City shall be, for each separate license, as follows:
1. 
All kinds: six hundred seventy-five dollars ($675.00);
2. 
Not in excess of twenty-two percent (22%) of alcohol by weight: Three hundred dollars ($300.00);
3. 
Malt liquor: Three hundred seventy-five dollars ($375.00).
Said license fees shall include the sale at wholesale or in quantities of not less than one (1) gallon, of the products of such licensee at the premises where distilled, manufactured, brewed or blended.
G. 
Wholesale—Various Kinds Of Intoxicating Liquor. The annual license fees for the sale at wholesale of intoxicating liquor by any person who makes one (1) or more sales for resale within the City or who conducts a business of exposing for sale or selling for resale from an established place of business in the City shall be, for each separate license, as follows:
1. 
All kinds: Four hundred fifty dollars ($450.00);
2. 
Not in excess of twenty-two percent (22%) of alcohol by weight: Three hundred dollars ($300.00);
3. 
Malt liquor: One hundred fifty dollars ($150.00).
H. 
Microbreweries—Sales At Retail In Original Package. Initial applications for a license for a microbrewery shall be filed with the Director of Finance on forms to be furnished by the Director, such applications to be signed and sworn to by the applicant. All such applications shall be accompanied by the following:
1. 
A license for the sale of intoxicating liquors in the original package pursuant to Subsection (A) of this Chapter. The annual license fee for sales at retail in the original package on the premises of the licensee between the hours of 12:01 A.M. on Mondays and Midnight on Saturdays and on Sundays between 9:00 A.M. and Midnight, together, shall be an amount equal to five dollars ($5.00) for each one hundred (100) barrels of beer, non-intoxicating beer or malt liquor or fraction thereof produced on the premises, up to a maximum license fee of two hundred fifty dollars ($250.00);
2. 
A petition signed by two-thirds (2/3) of the assessed taxpaying citizens owning real property and by two-thirds (2/3) of the persons occupying or conducting any business on the main or surface floor of buildings located within the City and within a distance of three hundred (300) feet from the proposed location in all directions assenting to such application.
Such application shall be renewable only upon the affirmative vote of two-thirds (2/3) of the members of the Board of Aldermen if two-thirds (2/3) of the assessed taxpaying citizens owning real property and by two-thirds (2/3) of the persons occupying or conducting any business on the main or surface floor of buildings located within the City and within three hundred (300) feet from the proposed location in all directions, assenting to such application shall file a written protest against such renewal within sixty (60) days prior to any annual renewal date for such license. The protest must be signed and acknowledged.
[CC 1970 §3-45; CC 1947 §10-36(i)]
The license fees hereunder shall be in lieu of the proportionate part of any merchants, business or occupation taxes or fees paid by any licensee hereunder to the City and neither the inventory nor sales of alcoholic beverages provided for hereunder shall be included in reports to the City nor assessed by the City for purposes of such merchants, business or occupation taxes or fees.
[CC 1970 §3-33; CC 1947 §10-36(h)]
The annual license fees payable hereunder shall be due and payable on or before the first (1st) day of July annually and the license year shall run from July first (1st) to June thirtieth (30th); provided applicants who shall apply for licenses to commence business and who shall be granted a license to so commence before July first (1st) shall pay for said license one-twelfth (1/12th) of the annual fee for every month or part thereof from date of issuance to the beginning of ensuing license year; provided further, the Director of Finance shall issue no initial license or renewal thereof if such applicant or licensee shall not have paid the license fees herein set forth; and, provided further, all applications for renewals shall be filed on or before the first (1st) Tuesday of July annually.
[CC 1970 §3-23; CC 1947 §10-36(c)]
All licenses issued pursuant to the provisions of this Chapter shall be kept conspicuously posted in the premises for which such license was issued.
A. 
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 law may make application and the City 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.
B. 
Whenever one (1) or more members of a partnership withdraws from the partnership the City, 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.
[CC 1970 §3-34; CC 1947 §10-37(k)]
Distillers, wholesalers, wine makers, brewers or their employees, officers or agents shall not, under any circumstances, directly or indirectly, have any financial interest in the retail business for sale of intoxicating liquors and shall not, directly or indirectly, loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit, for liquors sold to such retail dealers.
A. 
Neither brewers or manufacturers of non-intoxicating beer, or their employees, officers, agents, subsidiaries or affiliates shall, under any circumstances, directly or indirectly, have any financial interest in the retail business for the sale of such non-intoxicating beer, nor shall they, directly or indirectly, loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit for such beer sold to such retail dealers.
B. 
All contracts entered into between such brewers or manufacturers, or their officers, employees, directors or agents, in any way concerning any of their products, obligating such retail dealers to buy or sell only the products of any such brewer or manufacturer or obligating such retail dealers to buy or sell the major part of such products, required by such retail vendors from any such brewer or manufacturer, shall be void and unenforceable in any court in this State, and proof of the execution of such contract shall forfeit the license of both the vendor and the vendee.
[CC 1970 §3-36; Ord. No. 5067 §1, 4-26-1994; Ord. No. 5790 §2, 10-28-2003]
A. 
Notwithstanding any other provision of this Chapter, in lieu of a license issued annually, a license for the sale of intoxicating liquor and non-intoxicating beer, as defined in this Chapter, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of 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 in any fiscal year of the City.
B. 
In order to secure the license, the applicant shall complete a form provided by the Director of Finance. The applicant shall pay a fee of twenty-five dollars ($25.00) for such permit, which fee shall be due and payable at the time application is submitted.
C. 
If the event will be held on a Sunday, the permit shall not authorize the sale of intoxicating liquor on that day beginning earlier than 9:00 A.M.
D. 
At the same time that an applicant applies for a license under the provisions of this Section, the applicant shall notify the Director of Revenue of the State of Missouri of the holding of the event and by such notification, by certified mail, shall accept responsibility for the collection and payment of any applicable sales tax. Any sales tax due shall be paid to the Director of Revenue within fifteen (15) days after the close of the event and failure to do so shall result in a liability of triple the amount of tax due plus payment of the tax and denial of any other permit for a period of three (3) years. Under no circumstances shall a bond be required from the applicant.
E. 
Nothing herein shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment or use by the permit holder at such picnic, bazaar, fair or similar gathering.
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 the sum of fifteen dollars ($15.00) for each calendar day, 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.
[CC 1970 §3-43; CC 1947 §10-37(l)]
Distillers, wholesalers, wine makers or brewers or their employees, officers or agents shall not, directly or indirectly, sell or deliver intoxicating liquor of any kind to any person in the City not licensed hereunder to sell intoxicating liquor at retail, except as otherwise provided herein.
[CC 1970 §3-46; CC 1947 §10-37]
Any person holding a license to sell intoxicating liquors at retail, either in the original package or by the drink to be consumed on the premises where sold, pursuant to the provisions of this Chapter regulating the sale of such intoxicating liquors, may sell on the premises described in such license non-intoxicating beer without obtaining the license required by this Chapter.
[1]
Cross Reference—See §600.140(D).
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.
[Ord. No. 6420 §2, 4-12-2016]
A. 
Suspension Or Revocation Of License—When—Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the 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 600.270 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., the Code of State Regulations applicable to the conduct of licensees, 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 Board.
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 Board 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 Board's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo. for contested cases, provided such appeal is filed within ten (10) days of the date of the Board's decision. The Board may delay the implementation of its order pending appeal.
[Ord. No. 6420 §2, 4-12-2016]
A. 
Testimony—Evidence. The licensee shall be given reasonable notice of hearing and the grounds upon which discipline will be considered. Hearings before the Board shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses—How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth. Witnesses shall be subject to direct and cross examination by an attorney representing the licensee as well as attorneys representing other interested parties.
D. 
Decision—Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., for contested cases, provided such appeal is filed within ten (10) days of the date of the Board's decision. The Board may delay the implementation of its order pending appeal.