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:
Any counter or similar furnishing other than a table for
which the primary purpose is the service of alcoholic beverages or
light meals.
Those areas within the following boundaries:
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.
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.
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.
The south side of Maryland Avenue from North Forsyth Boulevard
on the east to the City limits on the west.
The north side of Maryland Avenue from Brentwood Boulevard on
the east to North Forsyth Boulevard on the west.
The triangular area bounded by Forest Park Parkway, Brentwood
Boulevard and Interstate 170 (known as Corporate Park).
The triangular area bounded by Interstate 170, Brentwood Boulevard
and Clayton Road.
The City of Clayton, Missouri.
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.
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.
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.
Any wines manufactured exclusively from grapes, berries and
other fruits and vegetables containing not in excess of fourteen percent
(14%) of alcohol by weight.
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.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
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.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court.
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.
An area located in the City that has been designated as residential
as set forth in Title IV of this Code, Zoning Regulations.
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.
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.
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; Ord.
No. 6727, 10-26-2021]
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. upon or about his/her
premises.
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 6:00 A.M. on Sunday and 1:30 A.M. on Monday 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 Subsection 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.
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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.
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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.
[Ord. No. 6727, 10-26-2021]
A.
Notwithstanding any provision of law to the contrary, any person
who is licensed 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:
1.
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;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Section,
a "meal" is defined as food that has been prepared on-premises;
4.
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;
5.
The licensee provides the patron with a dated receipt or an
electronic record for the meal and alcohol beverages; and
6.
The container is either:
B.
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 twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
[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.
ALCOHOLIC BEVERAGE
BEVERAGE CONTAINER
CIVIC EVENT
For purposes of this Section, the following words and phrases shall
have the meanings set forth below, unless the context otherwise requires:
Intoxicating liquor as defined in Section 311.020, RSMo.
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.
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.
[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.
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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.
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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
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).
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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.
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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:
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.
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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.
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[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); Ord. No. 6727, 10-26-2021]
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, except as permitted by
State law, 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.
[Ord. No. 6727, 10-26-2021]
A.
Neither
brewers nor 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,
except as permitted by State law, 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.
