[Ord. No. 2485 §1, 9-24-2012]
Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors and retailers.
[Ord. No. 2485 §1, 9-24-2012]
When used in this Chapter, the following words shall have the
following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are
in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
LIGHT WINES
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor.
"Original package" shall also be construed
and held to refer to any package containing three (3) or more standard
bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
[Ord. No. 2485 §1, 9-24-2012]
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. 2485 §1, 9-24-2012; Ord.
No. 2899, 8-16-2021]
A. No
person shall sell or offer for sale intoxicating liquor in the City
of Higginsville without a currently valid liquor license issued by
the City. A separate liquor license shall be required for each of
the categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein.
B. General
Licenses. Any person possessing the qualifications and meeting the
requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor:
1. Package Liquor— Malt Liquor Only. Sales of malt liquor at retail
in the original package not for consumption on the premises where
sold. This license may include Sunday sales from 6:00 a.m. to 1:30
a.m. Monday.
2. Package Liquor—All Kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection
(B)(1) of this Section.
3. Liquor By The Drink — Malt Liquor/Light Wine Only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections
(B)(1) and
(4) of this Section.
4. Malt Liquor By The Drink. Sales of malt liquor at retail by the drink
for consumption on the premises. This license may include Sunday sales
from 6:00 a.m. to 1:30 a.m. Monday.
5. Malt Liquor By The Drink. Sales of malt liquor at retail by the drink
for consumption on the premises. This license may include Sunday sales
from 6:00 a.m. to 1:30 a.m. Monday.
C. Sunday
Sales. Any person who is licensed under the provisions of this Chapter,
or who otherwise possesses the qualifications and meets the requirements
of this Chapter, may apply for the following licenses to sell intoxicating
liquor on Sundays between the hours of 6:00 a.m. and 1:30 a.m. Monday.
1. Package Liquor — All Kinds. Sales of liquor of all kinds in
the original package at retail not for consumption on the premises
where sold.
2. Liquor By The Drink — All Kinds. Sales of liquor of all kinds
by the drink at retail for consumption on the premises of any licensed
establishment.
D. Permits.
1. Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section
600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections
(B)(2) and
(C)(1) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3. Tasting Permit-Winery, Distiller, Manufacturer, Etc.
a. Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverages samples off a licensed retail premises for tasting purposes, provided no sales transactions take place. For purposes of this Subsection
(D)(3),
a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b. Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
retail premises as described in Sections 311.218, 311.482, 311.485,
311.486 or 311.487, RSMo., or on any tax-exempt organization's licensed
premises as described in Section 311.090, RSMo.
[Ord. No. 2485 §1, 9-24-2012; Ord.
No. 2533 §1, 3-3-2014Ord. No. 2899, 8-16-2021]
A. Package
Sales, Limitations.
1. No license shall be issued for the sale of intoxicating liquor in
the original package, not to be consumed upon the premises where sold,
except to a person engaged in, and to be used in connection with,
the operation of one (1) or more of the following businesses: a drug
store, a cigar and tobacco store, a grocery store, a general merchandise
store, a confectionery or delicatessen store, nor to any such person
who does not have and keep in his/her store a stock of goods having
a value to invoices of at least one thousand dollars ($1,000.00),
exclusive of fixtures and intoxicating liquors. Under such license,
no intoxicating liquor shall be consumed on the premises where sold
nor shall any original package be opened on the premises of the vendor
except as otherwise provided in this Chapter or law.
2. Notwithstanding any other provision of law to the contrary, any restaurant
bar without an on-site brewery that serves twenty (20) or more different
types of draft beer may sell thirty-two (32) fluid ounces or more
of such beer to customers for consumption off the premises of such
bar or tavern. As used in this Section, the term "restaurant
bar" means 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.
3. Notwithstanding any other provision of the 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:
a. The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A "sealable" container does not include a
container with a lid with sipping holes or openings for straws;
b. The contents of each container does not exceed one hundred twenty-eight
(128) ounces;
c. The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this subdivision,
a "meal" is defined as food that has been prepared
on-premises;
d. The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
e. The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
f. The container is either:
(1)
Placed in a one-time-use, tamperproof, transparent bag that
is securely sealed; or
(2)
The container opening is sealed with tamperproof tape. For purposes
of this subdivision, "tamperproof"means that a lid,
cap, or seal visibly demonstrates when a bag or container has been
opened.
Containers that are filled under 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." The filling of a container under
this Section shall be in compliance with Section 3-304.17(c) of the
2009 Food and Drug Administration Food Code, and as the same may be
amended.
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B. Temporary
Permit For Sale By Drink — Certain Organizations.
1. The City Clerk may issue a permit for the sale of intoxicating liquor
for consumption on premises where sold to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for sale at a picnic, bazaar, fair or similar gathering. The permit
shall be issued only for the day or days named therein and it shall
not authorize the sale of intoxicating liquor for more than (7) days
by any such club or organization.
2. If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 6:00 a.m.
3. At the same time that an applicant applies for a permit under the
provisions of this Subsection, the applicant shall notify the Director
of Revenue of the holding of the event by certified mail and by such
notification shall accept responsibility for the collection and payment
of any applicable sales tax.
4. No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler or distributor from providing customary
storage, cooling or dispensing equipment for use by the permit holder
at such picnic, bazaar, fair or similar gathering.
C. Operating
Hours, Days.
1. No person having a license issued pursuant to this Chapter, nor any
employee of such person shall sell, give away or permit the consumption
of any intoxicating liquor in any quantity between the hours of 1:30
a.m. and 6:00 a.m. on weekdays and between the hours of 1:30 a.m.
on Sunday and 6:00 a.m. on Monday upon or about his/her premises,
except as otherwise authorized and licensed for Sunday sales. Any
person licensed to sell intoxicating liquor by the drink, shall keep
a closed place during the aforementioned prohibited times.
D. General
License Regulations.
1. Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2. A separate license shall be required for each place of business.
Each license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3. No license under this Chapter shall be transferable or assignable,
except as herein provided. In the event of the death of the licensee,
the widow or widower, or the next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the Clerk may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
upon being requested, shall permit the remaining partner or partners
originally licensed to continue to operate for the remainder of the
period for which the license fee has been paid without obtaining a
new license.
4. In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued upon
the approval of the application by the Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
E. Druggist
May Sell And Physicians Prescribe Liquor. Any druggist may have in
his/her possession intoxicating liquor purchased by him/her from a
licensed vendor under a license pursuant to State law, or intoxicating
liquor lawfully acquired at the place of acquisition and legally transported
into this State, and lawfully inspected, gauged and labeled as provided
by State law; such intoxicating liquor to be used in connection with
the business of a druggist in compounding medicines or as a solvent
or preservant; provided, that nothing in this Chapter shall prevent
a regularly licensed druggist, after he/she procures a license therefor,
from selling intoxicating liquor in the original package, but not
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.
F. Where licenses authorizing the sale of intoxicating liquor by the drink for on-premises consumption are held clubs, bowling alleys or hotels, Subsection
(C) shall apply only to the room or rooms in which intoxicating liquor is dispensed. Where licenses are held by restaurants or bowling alleys whose business is conducted in one (1) room only then the licensee shall keep securely locked during the hours on the days specified in Subsection
(C) all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor are dispensed.
[Ord. No. 2485 §1, 9-24-2012]
A. No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within one hundred (100) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B. Subsection
(A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. Subsection
(A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[Ord. No. 2485 §1, 9-24-2012]
A. The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1. General licenses.
a. Malt liquor—original package: $75.00.
b. Intoxicating liquor (all kinds)—original package: $150.00.
c. Malt liquor—by drink: $75.00.
d. Malt liquor and light wines—by drink: $75.00.
e. Intoxicating liquor (all kinds)—by drink: $450.00.
2. Sunday sales. (Additional fees)
a. Intoxicating liquor—original package: $300.00.
b. Liquor by the drink: $300.00.
c. Liquor by the drink—charitable organizations: $300.00.
3. Permits.
a. Temporary permit—by the drink for certain organizations (7
days max.): $37.50.
c. Caterers: $15.00 per each calendar day.
|
Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July first (1st).
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[Ord. No. 2485 §1, 9-24-2012]
A. The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter 316, RSMo. The
temporary permit shall be effective for a period not to exceed one
hundred sixty-eight (168) consecutive hours, and shall authorize the
service of alcoholic beverages at such function, occasion or event
during the hours at which alcoholic beverages may lawfully be sold
or served upon premises licensed to sell alcoholic beverages for on-premises
consumption. For every permit issued pursuant to the provisions of
this Section, the permittee shall pay to the City an amount as set
out in Section 600.040(3)(c) above, or fraction thereof, for which
the permit is issued.
B. Except as provided in Subsection
(C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held, shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C. Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D. To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
[Ord. No. 2485 §1, 9-24-2012]
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.
[Ord. No. 2485 §1, 9-24-2012]
A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1. Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor.
2. In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out, intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3. In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter 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.
4. Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar, intoxicating beverages.
B. Sales To Minor—Exceptions.
1. No licensee, his/her employee, or any other person shall procure
for, sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, except that this Section shall not apply to the parent
or guardian of the minor nor to the supplying of intoxicating liquor
to a person under the age of twenty-one (21) years for medical purposes
only or to the administering of such intoxicating liquor to such person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2. Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.
3. It shall be a defense to prosecution under this Subsection if:
a. The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b. 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
c. 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.
C. Misrepresentation Of Age By Minor To Obtain Liquor—Use Of Altered
Driver's License, Passport Or I.D. Cards, Penalties.
1. No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2. In addition to Subsection
(C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. Minors In Possession Of Intoxicating Liquor.
1. No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section
600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
2. The provisions of this Subsection shall not apply to a student who:
a. Is eighteen (18) years of age or older;
b. Is enrolled in an accredited college or university and is a student
in a culinary course;
c. 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
d. Tastes a beverage under Subsection
(D)(2)(c) of this Section 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 any 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.
3. Any person under the age of twenty-one (21) years who purchases or
attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
a. The type of test administered and the procedures followed;
b. The time of the collection of the blood or breath sample or urine
analyzed;
c. The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d. The type and status of any permit which was held by the person who
performed the test;
e. If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
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[Ord. No. 2485 §1, 9-24-2012]
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
[Ord. No. 2485 §1, 9-24-2012]
A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B. Packaging, Labeling. Any retailer licensed pursuant to
this Chapter shall not:
1. Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
2. Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C. Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D. Unlawful To Sell Unlabeled Liquor—Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E. Only Those Liquors Authorized By License To Be Kept On Premises.
1. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
2. Any retailer licensed pursuant to this Chapter shall not:
a. Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
b. Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G. Open Container. No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place as defined in Section
600.075(E). Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.
[Ord. No. 2378 §1, 6-21-2010; Ord. No. 2485 §1, 9-24-2012]
A. It
shall be unlawful for any person to drink from or have in his or her
possession an open container of intoxicating liquor in any public
place within the City, unless a liquor license has been issued and
is in effect for such public place.
B. The
Board of Aldermen shall have the power to suspend the provisions of
this Section only upon the written application of an organization
that has obtained an exemption from paying Federal income taxes under
Sections 501 (c)(3) , 501 (c)(4) , 501 (c)(5) , 501 (c)(6) , 501 (c)(7),
501 (c)(8), 501 (c)(10), 501 (c)(19), 501(d) of the United Stated
Internal Revenue Code of 1954, as amended. The Board of Aldermen's
authority to suspend shall be by a vote of the Board of Aldermen for
a resolution suspending the provisions of this Section. The Board
of Aldermen shall be required to pass a new resolution suspending
this Section for each application it deems sufficient to warrant a
suspension.
C. An
organization making a request to suspend the provisions of this Section
must designate the specific public place by street address, street
description or legal description, and the date and duration desired
for the suspension. The application must be made not less than seven
(7) days before the Board meeting at which the Board of Aldermen will
consider the application. An organization shall not have more than
one (1) application approved in any calendar year.
D. After
consideration of an organization's application, the Board of Aldermen
may, in its discretion, suspend the provisions of this Section. The
Board shall suspend the provisions of this Section for only a specified
public place and a specific date and duration not exceeding three
(3) calendar days.
E. For
purposes of this Section, "public place" shall mean
any public way, park, parking lot, cemetery, school yard, or any other
place open to access by the general public, including any business
to which the general public has access, unless such business shall
possess a license to sell liquor by the drink. "Public place" shall
not include park facilities designated by the Park Department as areas
permitted for liquor consumption and shall not include access controlled
events taking place in an otherwise public building during the term
of such event. "Public place" shall include any vehicle located on
a public place.
[Ord. No. 2485 §1, 9-24-2012]
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
[Ord. No. 2485 §1, 9-24-2012]
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
600.100 of this Chapter.
B. Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1. Violating any of the provisions of either this Chapter, Chapter 311
, RSMo., or any ordinance of the City;
2. Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control;
3. Making a false affidavit in an application for a license under this
Chapter;
4. Failing to keep an orderly place or house;
5. Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
the license;
6. Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7. Selling, giving, or otherwise supplying intoxicating liquor to:
a. Any person under the age of twenty-one (21) years;
b. Any person during unauthorized hours on the licensed premises;
c. A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor; or
d. Any person on the licensed premises during a term of suspension as
ordered by the 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, 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 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.
[Ord. No. 2485 §1, 9-24-2012]
A. Testimony—Evidence. Hearings before the Board shall
be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B. 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.
D. Decision—Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section
600.090 of this Chapter, the 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., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[R.O. 2009 §600.190; Ord. No. 1612 §1, 4-17-1995; Ord. No. 2485 §1, 9-24-2012]
A. Certain
acts are prohibited in premises licensed to sell at retail intoxicating
liquor, wine or beer. It shall be unlawful for any retail licensee,
licensed to sell intoxicating liquor, wine, or beer, or his/her employee
to permit in or upon his/her 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;
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;
5. Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus; and
6. The displaying of films, video programs or pictures depicting acts,
the live performances of which are prohibited by this regulation or
by any other law.
B. In
addition to the licensee and/or his/her employee being subject to
all penalties contained in the Higginsville Code of Ordinances, violation
of any act or any provision contained herein shall be grounds for
the license of the licensee to be suspended or revoked.