City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
Cross References—As to alcohol prohibited in parks, §255.170; as to consumption or possession of alcoholic beverages, §215.450; as to lewd dancing, loss of license, §215.730.
[R.O. 2009 §115.01; CC 1981 §3-1; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 §1, 5-20-2011]
When used in this Chapter, the following words shall have the following meanings unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE
Alcohol for beverage purposes including intoxicating liquor and malt liquor.
AMUSEMENT PLACE
Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played, or has a dance floor of at least two thousand five hundred (2,500) square feet, or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.
ANNUAL GROSS RECEIPTS
The gross receipts for the period January 1 through December 31 from the sale of prepared meals or food consumed on the premises and the sale of alcoholic beverages.
[Ord. No. 18-201, 9-25-2018; Ord. No. 18-273, 12-18-2018]
BUSINESS
Any lawful vocation, profession, establishment or enterprise conducted, either directly or indirectly, for private profit or benefit on any premises within the corporate limits of the City; and which is an occupation and use of the premises which is permanent and continuous in its character as distinguished from a single act or business transaction or an occasional use of the premises for a business purpose; provided that any package store, bar, tavern, cocktail lounge or other establishment wherein intoxicating liquor is sold, either wholesale or retail, shall not be counted as a business for the purpose of determining the number of businesses required for the granting of a liquor license.
CLUB
Any duly organized branch or local unit of a fraternal society which shall have a national organization and an affiliated State organization and which branch or local unit shall have a permanent meeting place within the City and the purposes of which are purely religious, charitable, benevolent or philanthropic.[1]
[Ord. No. 18-201, 9-25-2018]
1. 
Honesty, fairness, and respect for the rights of others and obedience for the laws of the State of Missouri and the United States. The following factors shall be considered when making a determination of whether an applicant or licensee under this Chapter has good moral character:
a. 
The nature and character of the business for which the license is sought;
b. 
The manner in which the person has conducted his/her/its business; and
c. 
The manner in which the person has obeyed or violated the law.
2. 
If a person has been convicted of a crime in any State or country that would have been a crime under the laws of the State of Missouri, or an offense of this City, the following factors should be considered in determining if the person has good moral character:
a. 
The type of crime(s) or offense(s) for which a person has been convicted;
b. 
The circumstances surrounding the crime(s) or offense(s) for which a person has been convicted;
c. 
The proximity in time of the conviction(s) to the application for a license;
d. 
The conduct of the person since the date of conviction; and
e. 
Whether the crime the person is convicted of is reasonably related to the competency of the person to exercise the licensed business.
3. 
Notwithstanding the foregoing, a conviction cannot be the sole grounds on which a person is determined to lack good moral character. If a person is pardoned from a conviction, the underlying guilt for the crime or offense may still be evidence of such person's good moral character.
GROSS RECEIPTS
The receipts from the sale of prepared meals or food consumed on the premises and the sale of alcoholic beverages. Gross receipts shall not include sales taxes, gross receipts license tax pursuant to Section 620.020, other taxes, discounts, coupons, complimentary meals, or promotions.
[Ord. No. 18-201, 9-25-2018; Ord. No. 18-273, 12-18-2018]
INTOXICATED or INTOXICATED CONDITION
When a person is under the influence of alcoholic beverages, a controlled substance, or drug, or any combination thereof.
[Ord. No. 18-201, 9-25-2018]
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.
LICENSE YEAR
The one (1) year period starting on July 1 and ending on June 30 of the succeeding calendar year.
[Ord. No. 18-201, 9-25-2018]
LICENSED PREMISES OR PREMISES
The location where alcoholic beverages may be sold or consumed pursuant to a license granted by this Chapter and it may be one (1) room, a building comprising several rooms or a building with adjacent or surrounding land such as a lot or garden.
LICENSEE
A person issued a license pursuant to this Chapter.
LIQUOR COMMISSION
The Liquor Commission ("Commission") shall be five (5) members consisting of one (1) City liquor licensee possessing a retail by the drink for consumption on the premises license who shall serve an initial term of three (3) years; one (1) merchant of a business located on Main Street who shall serve an initial term of two (2) years; one (1) City resident who shall serve an initial term of one (1) year; and two (2) City employees appointed by the Mayor and who shall serve at the pleasure of the Mayor. The City liquor licensee, Main Street merchant and City resident members shall be appointed by the Mayor and approved by an affirmative vote of a majority of the entire Council. After the expiration of the initial term of each member, the term of each member shall be three (3) years. No member of the Liquor Commission shall simultaneously serve as a member of the Liquor License Appeal Board.
[Ord. No. 20-026, 2-18-2020]
LIQUOR LICENSE
A license granted for the sale at retail of all kinds of intoxicating liquor, except those permits issued under Section 600.210(B) for picnics, bazaars, fairs and festivals.
LIQUOR LICENSE APPEAL BOARD
The Liquor License Appeal Board ("Appeal Board") shall be five (5) members consisting of one (1) City liquor licensee possessing a retail by the drink for consumption on the premises license who shall serve an initial term of three (3) years; one (1) merchant of a business located on Main Street who shall serve an initial term of two (2) years; one (1) City resident who shall serve an initial term of one (1) year; and two (2) City employees appointed by the Mayor and who shall serve at the pleasure of the Mayor. The City liquor licensee, Main Street merchant and City resident members shall be appointed by the Mayor and approved by an affirmative vote of a majority of the entire Council. After the expiration of the initial term of each member, the term of each member shall be three (3) years. No member of the Liquor License Appeal Board shall simultaneously serve as a member of the Liquor Commission.
[Ord. No. 20-026, 2-18-2020]
MALT LIQUOR
An intoxicating liquor manufactured from pure hops or barley malt or wholesome grains or cereals and wholesome yeast and pure water, containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) alcohol by weight.
ORIGINAL PACKAGE
Any package containing fifty (50) milliliters or more of intoxicating liquor, excepting malt liquor, or any package containing one (1) or more standard bottles, cans or pouches of malt liquor or any package containing three (3), six (6), twelve (12), fifteen (15) or twenty-four (24) small standard beer bottles, cans or pouches.
[Ord. No. 15-121 §4, 6-2-2015]
PERSON
Any individual, association, joint stock company, syndicate, general partnership, limited partnership, limited liability company, co-partnership, corporation, receiver, trust, trustee, conservator or other officer appointed by any State or Federal court. Clubs are also included within the meaning of this term.
PUB CRAWL
An activity involving the organized travel of twenty (20) or more persons between two (2) or more licensed premises. The following shall be prima facie indicia of a pub crawl:
[Ord. No. 16-171 §1, 9-6-2016]
1. 
The existence of an advertisement, flyer, ticket or other printed or electronic material promoting or describing an event that will occur on a date certain, include more than one (1) licensed premises and identify the opportunity to travel between two (2) or more licensed premises with the opportunity to consume alcoholic beverages at more than one (1) licensed premise;
2. 
A vehicle or group of vehicles for hire that transports twenty (20) or more persons from one (1) licensed premise to another licensed premise for the opportunity to consume alcoholic beverages at more than one (1) premise; or
3. 
The payment of anything of value by one (1) person to another person for the opportunity to travel between two (2) or more licensed premises for the opportunity to consume alcoholic beverages at more than one (1) premise.
RECEIPTS
All monies received, including cash, checks, credit card and debit card sales.
[Ord. No. 18-273, 12-18-2018]
RESTAURANT BAR
Effective January 1, 2019, any establishment having a restaurant or similar facility on the premises where greater than fifty percent (50%) of the annual gross receipts are derived from the sale of prepared meals or food consumed on such premises.
[Ord. No. 18-201, 9-25-2018]
SALE OF PREPARED MEALS OR FOOD CONSUMED ON THE PREMISES
The sale of meals that are prepared on the premises or are consumed on the premises, which includes meals delivered or consumed off premises.
[Ord. No. 18-201, 9-25-2018]
WINE
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.
[1]
Editor’s Note: The former definition of "Commission," which immediately followed this definition, was repealed by Ord. No. 20-026, 2-18-2020. See now the definition of "Liquor Commission."
[Ord. No. 18-201, 9-25-2018]
The City of St. Charles Police Department is responsible for the enforcement of this Chapter and other ordinances relating to intoxicating liquor, except as otherwise stated in this Chapter. Any premises which is not kept in an orderly manner pursuant to Section 600.148, or any person selling intoxicating liquor without a license or in violation of any provision of this Chapter shall be reported to the Chief of Police. The Chief of Police shall report all violations of this Chapter immediately to the other members of the Commission.
[R.O. 2009 §115.02; CC 1981 §3-2; Ord. No. 87-116, 6-5-1987; Ord. No. 94-179, 7-21-1994; Ord. No. 94-243, 9-15-1994; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 §1, 5-20-2011]
A. 
No person shall purchase, sell, give away or otherwise dispose of any intoxicating liquor or allow the same to be done upon the premises in any quantity at any time when such disposal is prohibited by the law of the State, or when prohibited by ordinance in the Historic Downtown District and South Main Preservation District during Riverfest, Festival of the Little Hills, Oktoberfest or upon any other date or location for purposes of the public health, safety or welfare.
[Ord. No. 18-021, 2-6-2018]
B. 
A manufacturer licensed under this Chapter may offer samples of its wine, may sell its wine in its original package directly to consumers at the winery and may open wine so purchased by consumers so it may be consumed on the winery premises on Monday through Saturday between the hours of 10:00 A.M. and Midnight and on Sunday from 11:00 A.M. to 10:00 P.M. Manufacturers licensed under this Chapter may also sell to duly licensed wholesalers and retail dealers in lots of five (5) gallons or more on any day except Sunday.
[R.O. 2009 §115.03; Ord. No. 08-21, 1-24-2008]
Notwithstanding any other provision of this Chapter to the contrary, any licensee whose license to sell intoxicating liquor by the drink except sales on Sundays shall be allowed to sell intoxicating liquor by the drink, from the time and until the time which would be lawful on any other day of the week under the license, on any Sunday for which the State of Missouri has, by Statute, allowed such licensees to engage in Sunday sales.
[R.O. 2009 §115.04; Ord. No. 08-21, 1-24-2008]
Licensees shall at all times keep and maintain the premises, both interior and exterior, in a clean, orderly and sanitary condition and shall meet the minimum standards of the City's sanitation ordinance. During business hours, the licensee shall keep the premises lighted sufficiently so that both the interior and the exterior may be inspected easily. Windows of the premises shall not be obstructed so as to prevent reasonable viewing the interior from the exterior thereof.
[Ord. No. 18-021, 2-6-2018]
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 a misdemeanor, 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. 
Each licensed premises located in the Historic Downtown District shall conspicuously display a sign, near the cash register, in a location clearly visible to customers, not smaller than fourteen (14) inches by fourteen (14) inches in size, printed in the English language, and consisting of letters not smaller than one (1) inch in height and one (1) inch in width, with the following words: "IT IS UNLAWFUL TO SERVE A VISIBLY INTOXICATED PATRON ANY ALCOHOL."
[R.O. 2009 §115.06; Ord. No. 08-21, 1-24-2008]
A. 
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 a Class B misdemeanor. Any second (2nd) or subsequent violation of this Subsection is a Class A misdemeanor.
B. 
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.
C. 
It shall be unlawful for any licensee or employee of a licensee which has not been issued a restaurant bar license pursuant to Section 600.200(A) or an amusement place Sunday liquor license pursuant to Section 600.200(B) to permit a person under twenty-one (21) years of age to enter or remain on the premises unless accompanied by a parent or legal guardian.
[R.O. 2009 §115.07; CC 1981 §3-4; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 09-50, 4-8-2009; Ord. No. 11-75 §1, 4-19-2011; Ord. No. 11-097 §1, 5-20-2011]
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 such is defined in Section 600.010 (or who is visibly in an intoxicated condition, or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood), shall be deemed guilty of a violation; provided that this Section shall not apply to the supplying of intoxicating liquor for medicinal purposes to a person under such age or by the parent or guardian of such person.
B. 
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.
C. 
After a period of not less than one (1) year or upon reaching the age of twenty-one (21), whichever occurs first, a person who has pleaded guilty to or has been found guilty of violating this Section for the first (1st) time and who since such conviction has not been convicted of any other alcohol-related offense and who is not on probation for the violation of this Section at the time application is made may apply for an order to expunge all official records of the arrest, plea, trial and conviction except the municipal prosecutor's records. It the court determines, upon review, that such person has not been convicted of any other alcohol-related offense at the time of the application for expungement and the person has had no other alcohol-related enforcement contacts as defined in Section 302.525, RSMo., the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status the person occupies prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of the person for any purpose whatsoever. A person shall be entitled to only one (1) expungement pursuant to this Section. Nothing contained in this Section shall prevent the Municipal Court or other City Officials from maintaining such records as are necessary to ensure that an individual receives only one (1) expungement pursuant to this Section.
A. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Intoxicating Liquor, 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.
"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.
[R.O. 2009 §115.09; CC 1981 §3-6; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 §1, 5-20-2011]
Intoxicating liquor sold at retail in original packages only shall not be consumed upon the premises where sold, nor shall the original packages be open on the premises of the vendor.
[R.O. 2009 §115.10; CC 1981 §3-7; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-70 §4, 4-9-2011; Ord. No. 11-097 §1, 5-20-2011; Ord. No. 11-124 §1, 6-22-2011]
A. 
It shall be unlawful for any person to drink or possess an open container of alcoholic beverage in or upon the public streets, avenues, alleys or other public places in the City; except that the provisions of this Section shall not apply to:
1. 
Intoxicating liquor sold at the City concessions in the public parks when such is consumed in the City parks in accordance with Section 255.170.
2. 
Authorized social activities being conducted within public buildings where alcoholic beverages are not being offered for sale.
3. 
Any public place designated by the City for such purpose, except that possession of alcoholic beverages in glass containers is prohibited.
4. 
A motor vehicle being used primarily for the transportation of persons for compensation or to the living quarters of a house coach, house trailer or recreational vehicle or a vehicle operated by a chauffeur in his/her for-hire capacity.
B. 
In prosecutions under this Section, there is a rebuttable presumption that a container marked or labeled as containing an alcoholic beverage actually contained the described alcoholic beverage. This rebuttable presumption applies only in cases where a sample of the contents of the container has been preserved and is available to the defendant for testing.
C. 
The City Council authorizes the Mayor or Mayor's designee to suspend the prohibition against drinking alcoholic beverages in public places pursuant to this Section in the event the Missouri River level or ground water saturation make it unsafe to hold the City sponsored or recognized event or festival in Frontier Park as scheduled.
[R.O. 2009 §115.11; CC 1981 §3-8; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
Any druggist may possess intoxicating liquor purchased from a licensed vendor under a license pursuant to this Chapter or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State and lawfully inspected, gauged and labeled as provided for 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 preservative; provided that nothing in this law shall prevent a regularly licensed druggist, after procuring a license therefor in compliance with this law, from selling intoxicating liquor in the original packages, 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.
[R.O. 2009 §115.12; CC 1981 §3-39; Ord. No. 89-5, 1-4-1989; Ord. No. 08-21, 1-24-2008]
A. 
It shall be unlawful for any person maintaining, owning or operating an establishment at which alcoholic beverages are offered for consumption on the premises:
1. 
To suffer or permit any female person, while on the premises of said establishment, to expose to the public view that area of the human breast below the top of the areola thereof.
2. 
To suffer or permit any person, while on the premises of the establishment, to expose to public view his/her genitals, pubic area, buttocks, anus or anal cleft or cleavage.
3. 
To suffer or permit any person, while on the premises of the establishment, to touch, caress or fondle the breasts, buttocks, genitals, whether clothed or unclothed, of any person for the purpose of sexual arousal or gratification.
4. 
To suffer or permit any person, while on the premises of the establishment, to perform acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, cunnilingus, fellatio of flagellation.
B. 
It shall be unlawful for any female person, while on the premises of an establishment located within the City at which alcoholic beverages are offered for consumption on the premises, to expose to public view that area of the human female breast below the top of the areola thereof.
C. 
It shall be unlawful for any person, while on the premises of an establishment located within the City at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his/her genitals, pubic area, buttocks, anus or anal cleft or cleavage.
D. 
It shall be unlawful for any person, while on the premises of an establishment located within the City at which alcoholic beverages are offered for sale for consumption on the premises, to touch, caress or fondle the breasts, buttocks, genitals, whether clothed or unclothed, of any person for the purpose of sexual arousal or gratification.
E. 
It shall be unlawful for any person, while on the premises of an establishment located within the City at which alcoholic beverages are offered for sale for consumption on the premises, to perform acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, cunnilingus, fellatio or flagellation.
F. 
At no time, under any circumstances, shall any licensee or his/her employees permit any person to dance, sit or stand upon a bar, tables or any other raised surface that is used for preparing or serving food or beverages.
G. 
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 premises. 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 premises, they shall immediately report the occurrence to law enforcement authorities and shall cooperate with law enforcement authorities during the course of any investigation into an occurrence.
H. 
It shall be unlawful for any person maintaining, owning, operating, managing or working at an establishment at which alcoholic beverages are offered for sale for consumption on the premises to allow any person to exit the licensed premises and possess an open container of alcoholic beverage.
[Ord. No. 16-171 §2, 9-6-2016[1]]
[1]
Editor's Note: Subsection 2 of Ord. No. 16-171 also redesignated former Subsection (H), which immediately followed, as Subsection (I).
I. 
Any person who shall violate any provision of this Section shall be guilty of a violation of this Code of Ordinances punishable as provided in Section 100.150 of this Code.
[R.O. 2009 §115.13; Ord. No. 08-21, 1-24-2008]
A. 
It shall be unlawful for a person less than twenty-one (21) years of age to represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, attempting to purchase, possessing, attempting to possess, receiving or attempting to receive an alcoholic beverage, except as authorized by law.
B. 
It shall be unlawful for a person less than twenty-one (21) years of age to produce, display, exhibit, offer or tender a reproduced, modified or altered motor vehicle operator's license, identification card issued by a uniformed service of the United States, passport or State issued identification card for the purpose of purchasing, attempting to purchase, possessing, attempting to possess, receiving or attempting to receive an alcoholic beverage or to enter or attempt to enter the premises of a licensee.
[R.O. 2009 §115.14; Ord. No. 08-21, 1-24-2008; Ord. No. 18-021, 2-6-2018]
A. 
It shall be unlawful for a licensee or any person to:
1. 
Offer for sale or deliver alcoholic beverages of any type at less than the cost of the alcoholic beverage to the licensee;
2. 
Deliver alcoholic beverages at no cost or for free to a person based upon the person's gender or status as a student; or
3. 
Allow on the premises any game or contest which involves drinking alcoholic beverages or awarding alcoholic beverages for consumption on the premises.
[Ord. No. 16-171 §3, 9-6-2016]
A. 
It shall be unlawful to promote, conduct or organize a pub crawl that is not registered with the Police Department.
B. 
Any person that promotes, conducts or organizes a pub crawl shall complete a registration form and register the pub crawl with the Police Department.
C. 
Any person that promotes, conducts or organizes a pub crawl shall submit a pub crawl registration form which shall require a written description of the event and include the following information:
1. 
The name, address and telephone number of the person completing the registration form and the person who is responsible for the pub crawl;
2. 
Event name;
3. 
Event date;
4. 
Event start and end time;
5. 
Name and address of each licensed premise expected to participate in the event;
6. 
Geographic area where the event will occur;
7. 
Anticipated number of participants;
8. 
Maximum number of participants;
9. 
Method of transportation between licensed premises;
10. 
Location of any registration area;
11. 
A security plan that shall include;
a. 
The name, address, telephone number of the person responsible for any law enforcement, liquor control or security issues for the event;
b. 
A plan to prohibit underage drinking; and
c. 
Procedure to insure participants are age 21 or older; and
12. 
Any such other information required by the Chief of Police.
D. 
The registration form shall be provided by the Police Department and shall be submitted sixty (60) days prior to the date of the event to the Chief of Police or designee. There is no fee for registration of a pub crawl.
E. 
Pub crawl promotional materials shall:
1. 
Include a "You must be 21 or older to participate," statement;
2. 
Promote use of public transportation for persons who have consumed alcoholic beverages; and
3. 
Include a designated driver program plan.
F. 
Literature describing "responsible drinking practices" shall be available at all registration areas on the day of the event.
G. 
A pub crawl shall not promote excessive drinking and shall not include an unlimited number of alcoholic beverages for one (1) price. An "all you can drink" event is prohibited.
[Ord. No. 18-201, 9-25-2018]
A. 
All licensees shall at all times keep and maintain an orderly place upon the premises. An orderly place shall be maintained by the licensee through the prevention of immorality, violations of the law, affrays, and breaches of the peace upon the premises, including the parking lots and the area around the premises which is used as part of the business or under the control of the licensee.
B. 
Prima facie evidence of maintaining a disorderly place, shall include, but is not limited to, the following:
1. 
Acts of immorality;
2. 
Acts of lewd conduct;
3. 
Breaches of the peace;
4. 
Exceeding the occupancy load of the premises;
5. 
Allowing a person to exit the premises while possessing an open container of an alcoholic beverage;
6. 
Any act prohibited by Section 600.120 was permitted upon the premises;
7. 
Actions or conduct which become a nuisance;
8. 
Offenses concerning public peace under Article II of Chapter 215 of the City Code;
9. 
A licensee's failure, or the failure of the licensee's employees, to immediately prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the premises;
10. 
Failing to immediately report to law enforcement authorities the occurrence of an illegal or violent act that has been committed on or about the licensed premises, in the event that a licensee or his/her employee knows or should have known of such illegal or violent act;
11. 
Failing to cooperate with law enforcement authorities during the investigation into an occurrence identified in Subsection (B)(10);
12. 
Open, repeated, or continuous sales of alcoholic beverages to minors;
13. 
Repeated violations of Chapter 500 of the City Code, as amended, including the Property Maintenance Code; or
14. 
Violation of Chapter 230 of the City Code, as amended pertaining to noise control.
[R.O. 2009 §115.20; CC 1981 §3-21; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 §1, 5-20-2011; Ord. No. 18-201, 9-25-2018]
A. 
It shall be unlawful for any person to manufacture, brew, distribute, sell or expose for sale any intoxicating liquor in any quantity in the City without first having obtained a license. A separate license shall be required for each place of business.
B. 
It shall be unlawful for any person whose license is suspended or revoked to manufacture, brew, distribute, sell or expose for sale any intoxicating liquor in any quantity in the City.
[R.O. 2009 §115.21; CC 1981 §§3-22—3-23; Ord. No. 87-116, 6-5-1987; Ord. No. 00-328, 12-1-2000; Ord. No. 06-62, 3-10-2006; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 §1, 5-20-2011; Ord. No. 18-021, 2-6-2018]
A. 
Prerequisite To Grant Of License. No license shall be granted unless an application has been made as required in this Chapter.
B. 
Form And Contents. Each application for an original or renewal license shall be made, in writing, to the Director of Finance on an application form provided by the City, completed in its entirety and signed under penalty of perjury by the applicant. The applicant shall provide the following information on the application form and the following documents:
1. 
Designation of the kind of license desired.
2. 
Description of the premises to which such license is to apply, including the address thereof, the floor or floors for which a license is desired, a description of the room or rooms by square footage, and a description of any outdoor dining area whether a sidewalk cafe or private area.
3. 
Name and mailing address of applicant and the address for service of process and delivery of any official notice. In addition, if the applicant is:
a. 
An individual, the applicant's residential address;
b. 
A non-publicly traded corporation, the name and residential address of each officer, director and shareholder, the registered agent and registered address, and the current articles of incorporation;
c. 
A limited liability company, the name and residential address of each member and manager, and the current operating agreement; or
d. 
A partnership, the name and residential address of each partner, and the current partnership agreement.
4. 
Dates and places of all suspensions or revocations of liquor licenses and all convictions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the 21st Amendment to the Constitution of the United States, if any.
5. 
Term of the license.
6. 
Signature of the applicant certifying the applicant has read Chapter 600 of the Code of Ordinances and the State of Missouri Liquor Control Law, Chapter 311, RSMo., and the Code of State Regulations promulgated thereunder.
7. 
In the event a license is sought for the sale of intoxicating liquor in the original package, the form shall provide for and contain spaces for the business engaged in by the applicant and the kind of stock of goods and invoice value thereof, exclusive of fixtures and intoxicating liquors kept in the business store of applicant; provided, however, that there shall be attached to new applications, other than renewals, a photograph of the applicant and of the place of business.
8. 
In the event a license is sought for the sale at retail by the drink for consumption on the premises where sold of all kinds of intoxicating liquor, including the sale of intoxicating liquor in the original package, the form shall provide for and contain spaces for information relating to the applicant's compliance with any criteria and requirements concerning the granting of such licenses, as the same are set forth and defined in this Chapter.
C. 
No application shall be processed for an applicant or entity that is in arrears to the City for any assessment, fee, fine, court cost, penalty, tax, special tax bill, or charge unless currently under appeal to a court of competent jurisdiction.
D. 
On receipt of an application, the Director of Finance shall identify for the applicant the Council member for the ward where the premises are located and shall inform the Council member of the ward that an application for a liquor license has been filed for premises within the ward.
[R.O. 2009 §115.22; CC 1981 §§3-24—3-25; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 09-164, 9-3-2009]
A. 
Filing And Presentation To Director Of Finance. Applications for original and renewal licenses shall be filed with the Director of Finance and the date of filing being noted thereon.
B. 
Deposit Of License Fee—Disposition Of Such Deposit.
1. 
Except as set forth in Subsection (B)(2), at the time of filing the license application, the applicant shall submit to the Director of Finance the amount of the license fee for the license applied for, either in cash, bank draft, money order, certified check or cashier's check, made payable to the City. No license shall be granted unless such deposit of the license fee has been made. If the license is not granted, the amount of license fee shall be refunded to the applicant. If the license is granted, such amount deposited with the application shall be deposited in the City Treasury.
2. 
Political subdivisions of the State of Missouri are exempt from the license fee requirement and shall not be required to pay a license fee as a condition of being granted a license.
3. 
No license application, whether for an original or renewal license, shall be granted for at least ten (10) days after the filing of such license application.
[R.O. 2009 §115.24; CC 1981 §3-27; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
A. 
Original licenses and renewal licenses for any license with six (6) or more points assigned thereto pursuant to Section 600.260 in a license year may only be granted by the City Council after a public hearing at which the licensee or license applicant appears in person and may be asked to provide sworn testimony. Licenses for premises without the assignment of points may be renewed administratively by the Commission and issued by the Finance Department. The license shall describe the type of license, the license fee, the premises on which sale is to be made, the locations within the premises where intoxicating liquor is to be consumed, the name of the license holder, the date of issuance and period of time for which such license is granted. The grant of the license may be conditioned upon the completion of construction of the premises within a time period prescribed and upon compliance with all zoning, fire and building codes, and possession of an occupancy permit.
[Ord. No. 18-201, 9-25-2018[1]; Ord. No. 20-026, 2-18-2020]
[1]
Editor's Note: Ord. No. 18-201 also changed the title of this Section to add "; Hearing Before City Council."
B. 
Licensees at all times are responsible for the conduct of their businesses and at all times are directly responsible for any act or conduct of any employee on the premises which is in violation of this Chapter.
C. 
Licensees shall allow the licensed premises and all portions of the buildings of the premises, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics and all buildings used in connection with the operation carried on under the license and which are under their possession and control and all places where they keep and have alcoholic beverages stored, to be inspected by the Director of Community Development, Fire Chief, Police Chief or their designees. Licensees shall cooperate fully with City personnel during the inspections.
[R.O. 2009 §115.25; CC 1981 §3-28; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 09-164, 9-3-2009; Ord. No. 11-097 §1, 5-20-2011; Ord. No. 12-201 §1, 11-8-2012; Ord. No. 17-172 § 1, 9-8-2017[1]]
A. 
The categories of licenses and the license fees therefor shall be as follows. A separate license shall be required for each category of business activity the licensee desires to engage as set forth herein.
1. 
For the manufacture, brewing and sale by the manufacturer or brewer of malt liquor containing not in excess of five percent (5%) of alcohol by weight, the sum of three hundred dollars ($300.00) per year.
2. 
For the manufacture and sale by the manufacturer of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight, the sum of one hundred fifty dollars ($150.00) per year.
3. 
For the manufacturing, distilling or blending and for sale by the manufacturer, distiller or blender of intoxicating liquor of all kinds, the sum of three hundred dollars ($300.00) per year.
4. 
For the sale of intoxicating liquor containing not in excess of five percent (5%) of alcohol by weight by a wholesaler to a person duly licensed to sell such malt liquor at retail, the sum of seventy-five dollars ($75.00) per year.
5. 
For the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail, the sum of one hundred fifty dollars ($150.00) per year.
6. 
For the privilege of selling intoxicating liquor of all kinds by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail, the sum of three hundred seventy-five dollars ($375.00) per year; provided, however, that a license authorizing the holder to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor to, by or through a duly licensed wholesaler shall not entitle the holder thereof to sell within the State, direct to retailers; provided, further, a wholesaler's license shall not authorize or entitle the holder thereof to sell to other wholesalers or to solicit orders for the sale of intoxicating liquors to, by or through a duly licensed wholesaler within this State.
7. 
For the manufacturing in quantities not to exceed seventy-five thousand (75,000) gallons, light wines containing not in excess of fourteen percent (14%) of alcohol by weight from grapes, berries and other fruits and vegetables grown in the State, in lieu of the charges herein otherwise provided, the sum of seven dollars and fifty cents ($7.50) for each five hundred (500) gallons or fraction thereof. A manufacturer licensed under this provision shall be privileged to sell to consumers at the winery in lots not to exceed five (5) gallons and to sell to duly licensed wholesalers or duly licensed retail dealers in lots of five (5) gallons or more.
8. 
For sale of intoxicating liquor at retail in the original package, where such liquor shall not be consumed upon or such original package not be opened upon the premises where sold, the sum of one hundred fifty dollars ($150.00) per year.
9. 
For sale in the original package to consumers, but not for resale, of malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight, the sum of twenty-two dollars and fifty cents ($22.50) per year.
10. 
For sale at retail by the drink, for consumption on premises where sold, of malt liquor, including between the hours of 9:00 A.M. and Midnight on Sunday, the sum of fifty-two dollars and fifty cents ($52.50) per year.
11. 
For sale at retail by the drink, for consumption on the premises where sold, of malt liquor and light wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, including the sale of malt liquor between the hours of 9:00 A.M. and Midnight on Sunday, the sum of fifty-two dollars and fifty cents ($52.50) per year.
12. 
For sale at retail by the drink, for consumption on premises where sold, of all kinds of intoxicating liquor, including the sale, except on Sunday, of intoxicating liquor in the original package, the sum of four hundred fifty dollars ($450.00) per year.
13. 
For sale at retail by the drink, for consumption on premises where sold, of all kinds of intoxicating liquor on Sunday, and in the original package of all kinds of intoxicating liquor on Sunday, the sum of two hundred dollars ($200.00) per year.
14. 
For a restaurant bar located in the Historic Downtown District, for sale at retail by the drink, for consumption on premises where sold, of all kinds of intoxicating liquor on Sunday, and in the original package of all kinds of intoxicating liquor on Sunday, the sum of ten dollars ($10.00) per year.
15. 
Notwithstanding any other provision of this Chapter to the contrary, the Finance Department may issue a special license 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 Chapter 311, RSMo., and a license issued pursuant to Section 311.486.2, RSMo., and who furnish provisions and service for use at a particular event at a particular location other than the licensed premises. The license shall be effective for a maximum of fifty (50) event days from July 1 through June 30 of any year, and shall authorize the service of alcoholic beverages at such 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 on the premises in which such function, occasion or event is held. All provisions of the City's ordinances shall extend to such premises and shall be in force and enforceable during all the time the licensee, its agents, servants, employees or stock are in such premises. The fee for each license shall be the sum of ten dollars ($10.00) for a one (1) day license or four hundred fifty dollars ($450.00) for a license for one (1) year. This license shall allow the sale of intoxicating liquor in the original package.
[Ord. No. 17-211, 10-3-2017]
a. 
Caterers issued a special license pursuant to this Subsection (A)(15) shall report to the Finance Department the location of each event five (5) business days in advance. The report of each event shall include permission from the property owner, description of the premises, and the date or dates the event will be held.
b. 
Notwithstanding the provisions of this Chapter to the contrary, applications for special license issued pursuant to this Subsection (A)(15) shall be exempt from the requirements of Section 600.180(A).
16. 
For sale at retail by the drink, for consumption on the premises where sold, of malt liquor and wine containing not in excess of fourteen percent (14%) of alcohol by weight the sum of four hundred fifty dollars ($450.00) per year.
17. 
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail pursuant to Section 600.190(A)(8) may apply for a special license to conduct wine, malt beverage and distilled spirit tastings on the licensed premises. In addition to all other fees required by law, a licensee shall pay an additional fee of thirty-seven dollars fifty cents ($37.50) per year for a wine, malt beverage and distilled spirits tasting license, payable at the same time and in the same manner as its other license fees. Nothing in this paragraph shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premise consumption.
[Ord. No. 17-211, 10-3-2017]
B. 
This Section shall not apply to a license granted to a political subdivision of the State of Missouri which shall be exempt from the payment of license fees.
[1]
Editor’s Note: Ord. No. 17-172 also changed the title of this Section from “Classification – Schedule of Fees” to “Categories Of Licenses And License Fees.”
[R.O. 2009 §115.26; CC 1981 §3-29; Ord. No. 87-116, 6-2-1987; Ord. No. 93-155, 7-7-1993; Ord. No. 93-170, 7-21-1993; Ord. No. 93-174, 8-15-1993; Ord. No. 94-127, 6-8-1994; Ord. No. 94-179, 7-21-1994; Ord. No. 94-243, 9-15-1994; Ord. No. 94-309, 11-16-1994; Ord. No. 94-324, 12-7-1994; Ord. No. 96-47, 2-21-1996; Ord. No. 96-100, 3-21-1996; Ord. No. 03-229, 9-18-2003; Ord. No. 08-21, 1-24-2008; Ord. No. 12-201 §1, 11-8-2012]
A. 
Amusement Place Sunday Liquor License.
1. 
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter and who now or hereafter meets the requirements of and complies with the provisions of this Chapter may apply for a license to sell intoxicating liquor, as defined in this Chapter, between the hours of 1:00 P.M. and Midnight on Sunday by the drink at retail for consumption on the premises of any amusement place as described in the application.
2. 
All other laws and regulations of the City relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to an amusement place in the same manner as they apply to establishments licensed under the provisions of this Chapter and in addition to all other fees required by law, an amusement place shall pay an additional fee of three hundred dollars ($300.00) a year for such amusement place Sunday liquor license, payable at the same time and in the same manner as its other license fees.
3. 
Nothing in this Section shall be construed to permit an amusement place licensee to sell intoxicating liquor, malt liquor or beer for off-premises consumption.
B. 
Special Sunday Retail Original Package License.
1. 
Notwithstanding the provisions of this Chapter, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under Section 600.190(8) and (9), may apply for a special license to sell intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays.
2. 
In addition to all other fees required by law, anyone licensed to sell intoxicating liquor in the original package at retail under Section 600.190(8) and (9) shall pay an additional fee of three hundred dollars ($300.00) a year for a special license to sell intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays.[1]
[1]
Editor’ Note: Former Subsection (C), regarding wine, malt beverage and distilled spirits tasting permit, which immediately followed, was repealed 10-3-2017 by Ord. No. 17-211.
[R.O. 2009 §115.27; CC 1981 §3-30; Ord. No. 87-116, 6-5-1987; Ord. No. 88-155, 8-8-1988; Ord. No. 08-21, 1-24-2008]
A. 
Malt Liquor License—Anytime. The Chief of Police may issue a license for the sale of malt liquor for consumption on the premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of malt liquor at a picnic, bazaar, fair or similar gathering. Such license shall be issued only for the days named therein; and it shall not authorize the sale of malt liquor for more than seven (7) days by any such organization in any fiscal year.
B. 
Intoxicating Liquor License—Anytime. The Chief of Police may issue a license for the sale of intoxicating liquor, in lieu of a permit issued pursuant to Subsection (A) of this Section, for consumption on the premises where sold 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. Such license shall be issued only for the days named therein; and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such organization in any fiscal year.
C. 
Wine And Malt Liquor, June 15 to July 15. Notwithstanding any other provision of this Chapter to the contrary and in addition to the preceding paragraphs, a permit for the sale of wine and malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. Such permit shall be issued only during the period from June fifteenth (15th) to July fifteenth (15th) annually and only for the day or days named therein and it shall not authorize the sale of wine and malt liquor except between the hours of 10:00 A.M. and Midnight and for not more than seven (7) days by any such organization. The permit may be issued to cover more than one (1) place of sale within the general confines of the place where the gathering or event is held; provided however, no permit shall be issued to any organization which selects or restricts the membership thereof on the basis of race, religion, color, creed or place of national origin.
[R.O. 2009 §115.28; CC 1981 §3-32; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
A. 
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor in, on or about such premises between 10:00 P.M. and 6:00 A.M. the following day without having a license as provided for by this Section.
B. 
The drinking or consumption of intoxicating liquor by any person under twenty-one (21) years of age shall not be permitted in, upon or about the licensed premises; or by any other person at any time when the disposal of alcoholic beverages is prohibited by the law of the State.
C. 
All other laws and regulations of the City relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to persons who operate any premises where food, beverages or entertainment are sold or provided for compensation and who hold a license for consumption of liquor as provided for in this Section.
D. 
In addition to all other fees required by law, a fee of three hundred dollars ($300.00) per year shall be paid by any person operating any premises where food, beverages or entertainment are sold or provided for compensation, for a license for consumption of liquor as contemplated by this Section.
[R.O. 2009 §115.29; CC 1981 §3-33; Ord. No. 87-116, 6-5-1987; Ord. No. 99-239, 7-9-1999; Ord. No. 06-216, 8-9-2006; Ord. No. 08-21, 1-24-2008]
A. 
Individuals. No license provided for by this Chapter shall be issued to any individual except in conformity with the following:
1. 
The individual shall be in fact actively engaged in the actual control and management of the particular alcoholic beverage establishment for which a license is sought.
2. 
The individual shall be least twenty-one (21) years of age and a United States citizen.
3. 
The individual shall be of good moral character. In determining whether a person possesses a good moral character, any and all factors which reflect upon the character, competency and ability of the applicant to operate and maintain an orderly place of business which will not endanger or adversely affect the health, safety, welfare, peace and dignity of the citizens of the City shall be considered.
4. 
The individual shall not have been, since the ratification of the 21st Amendment to the Constitution of the United States, convicted of, nor have entered a plea of guilty, no contest or nolo contendere to a charge of violating the provisions of any law applicable to the manufacture, sale or disposal of alcoholic beverages as confirmed by a Police Department record check.
5. 
The individual shall not have been the holder of an alcoholic beverage license which has been revoked by any City, County or State.
6. 
The individual shall not owe any delinquent taxes or fees to the City and shall provide a no tax due letter from the Department of Revenue which has been issued in the preceding ninety (90) days. Delinquent taxes which have been challenged or contested in a court proceeding or in a manner prescribed by law shall not preclude the issuance of a license.
7. 
The individual shall provide proof of the right to possession of the premises sought to be licensed upon the date of the issuance of the license by presenting with the license application a deed, bona fide sale contract or option duly executed or a bona fide lease duly executed by the lessor or an option for a lease duly executed.
B. 
General Partnership, Limited Partnership, Limited Liability Company, Associations, Syndicates Or Co-Partnership. No license shall be issued to any general partnership, limited partnership, limited liability company, association, syndicate or co-partnership unless all members of the general partnership, limited partnership, limited liability company, association, syndicate or co-partnership are persons who would be eligible for licenses as individuals under the provisions of this Chapter and no such license shall be issued to any general partnership, limited partnership, limited liability company, association, syndicate or co-partnership, any partner or member of which has been the holder of a license which has been revoked by any City, County or State.
C. 
Corporations. No license provided for in this Chapter shall be issued to any corporation except in conformity with the following:
1. 
All the officers and directors of such corporation shall be persons of good moral character.
2. 
The managing officer of the corporation is an individual who is eligible for a license as an individual under the provisions of the Chapter.
3. 
Such corporation has not been the holder of a license which has been revoked by any City, County or State.
D. 
Non-Residents—Foreign Corporations. Nothing in this Section shall prevent the issuance of a license to a non-resident of the State or to a foreign corporation for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors to, by and or through a duly licensed wholesaler.
[R.O. 2009 §115.30; CC 1981 §3-34; Ord. No. 87-116, 6-5-1987; Ord. No. 95-203, 8-8-1995; Ord. No. 08-21, 1-24-2008; Ord. No. 18-201, 9-25-2018[1]]
A. 
No license 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 Director of Finance may transfer such license to the widow, widower or next of kin 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. No executor, administrator, receiver, assignee, trustee or guardian may sell any alcoholic beverage belonging to the estate over which he/she has control except to a licensed wholesaler or retailer.
B. 
Whenever one (1) or more members of a general partnership, limited partnership, limited liability company, association, syndicate or co-partnership withdraw from the general partnership, limited partnership, limited liability company, association, syndicate or co-partnership, the Director of Finance upon request, shall permit the remaining one (1) or more partners or members 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.
C. 
In the event the operation of a licensed premises shall be discontinued or abandoned for a period of sixty (60) days or more, the Director of Finance, first having given five (5) days' written notice to the licensee of the premises by causing same to be served upon him/her by a City Police Officer or sent via United States Postal Service certified mail to the address shown on the most recent license application may declare such license abandoned or forfeited.
[1]
Editor's Note: Ord. No. 18-201 also changed the title of this Section from "Assignment and Transfer" to "Assignment, Transfer And Abandonment And Forfeiture For Non-Use."
[R.O. 2009 §115.31; CC 1981 §3-35; Ord. No. 87-116, 6-5-1987; Ord. No. 95-203, 8-8-1995; Ord. No. 06-90, 4-26-2006; Ord. No. 08-21, 1-24-2008]
A. 
Each license issued in compliance with this Chapter shall expire on June thirtieth (30th) next succeeding the beginning date of such license. Of the annual license tax to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months, part of a month to be counted as one (1) month, remaining from the date of the application for the license through each succeeding July first (1st).
B. 
All licenses granted in renewal of a license expiring on June thirtieth (30th) of any year shall be granted and issued for a period of one (1) year beginning on July first (1st) of the year in which granted and issued and shall expire on June thirtieth (30th) of the next succeeding year. No license shall be given a beginning date prior to the day of granting of such license.
[R.O. 2009 §115.32; CC 1981 §3-36; Ord. No. 87-116, 6-5-1987; Ord. No. 89-4, 1-4-1989; Ord. No. 93-89, 4-21-1993; Ord. No. 95-203, 8-8-1995; Ord. No. 03-330, 12-23-2003; Ord. No. 06-90, 4-26-2006; Ord. No. 07-162, 6-11-2007; Ord. No. 08-21, 1-24-2008; Ord. No. 16-171 §4, 9-6-2016; Ord. No. 18-021, 2-6-2018; Ord. No. 18-201, 9-25-2018]
A. 
General And Purpose.
1. 
Notwithstanding any other provision of this Code to the contrary, any license issued under this Chapter may be revoked or suspended by the Commission for any licensee who fails, at all times, to keep an orderly place under Section 600.148, or for violating any of the provisions of this Chapter, subject to the notice and hearing requirements and procedures set forth in this Section.
2. 
The intent of the point system is to provide the Commission with a non-arbitrary means to evaluate incidents occurring on premises for which a license to sell intoxicating liquor has been issued and to guide the Commission in suspending or revoking liquor licenses.
B. 
Licensee Responsible For Conduct Of Employees. License violations which occur due to the conduct of an employee or agent of a licensee shall be imputed to the licensee. Any points assessed for a license violation by an employee or agent of a licensee shall be assessed against the licensee's liquor license.
C. 
Burden Of Proof, Liability. Points may only be assessed against a license when the Commission determines by a preponderance of the evidence that a licensee, or an employee or agent of a licensee, committed a license violation. Points may be assessed against a license even if the individual who performed the action or conduct that constituted the license violation was not convicted of committing a crime.
D. 
Violations. For the purposes of this Section 600.260 the term "license violation" shall include the following violations which may result in the assessment of points against a liquor license or revocation of the liquor license if the violation occurs on the premises, the parking lot for the premises or an area under the control of the licensee:
1. 
Failure of a licensee, its officers, managers, employees and agents to undergo training as required under Subsection (H)(2)(c) of this Section.
[Ord. No. 20-026, 2-18-2020]
2. 
Liquor violations: any action or conduct which violates any provision of law with respect to the manufacture, sale, distribution, solicitation, or use of alcoholic beverages, including violations of Chapter 311, RSMo., and Chapter 600 of the City Code, as amended.
3. 
Health and sanitation violations: any action or conduct which violates any provision of Chapter 230, of the Ordinances of the County of St. Charles, Missouri; Chapter 196, RSMo.; or 19 CSR 20-1.010 et seq., or the Missouri Food Code, as amended.
4. 
Homicide: any "homicide offense" under Chapter 565, RSMo., as amended.
5. 
Weapons violations: any action or conduct which violates any provision of Article V, Chapter 215 of the City Code or Chapter 571, RSMo., as amended.
6. 
Controlled substance violations: any action or conduct which violates any provision of Article VI, Chapter 215 of the City Code, or Chapter 579, RSMo., as amended.
7. 
Prostitution: any action or conduct which violates any provision of Chapter 567, RSMo., as amended.
8. 
Gambling: any action or conduct which violates any provision of Chapter 572, RSMo., as amended.
9. 
Pornography: any action or conduct which violates any provision of Chapter 573, RSMo., as amended.
10. 
Assault: any action or conduct which constitutes an "assault offense" under Chapter 565, RSMo., or which violates Article II, Chapter 215, of the City Code, as amended.
11. 
Sexual offenses: any action or conduct which violates any provision of Chapter 566, RSMo.
12. 
Underage consumption or possession of alcoholic beverages or serving a visibly intoxicated person: any action or conduct which violates Section 600.050(B) of the City Code, as amended.
13. 
Exceeding the occupancy load for the premises as stated on the occupant load limit sign posted in the premises, or failing to post the occupant load limit sign for the premises in a conspicuous place near the main exit or exit access doorway of the premises.
14. 
Allowing a person to exit the licensed premises while possessing an open container of alcoholic beverage.
15. 
The licensee suffered or permitted any action or conduct prohibited by Section 600.120 of the City Code.
16. 
The license was obtained through materially false statements in the application for such license or renewal thereof. Violation of this Subsection (D)(16) shall result in revocation of the liquor license.
[Ord. No. 20-026, 2-18-2020]
17. 
The licensee failed to make a complete disclosure of all required information in the application for such license or renewal thereof.
18. 
The licensee, since the issuance of such license, has ceased to be the person actually engaged in the active control and management of the premises for which the license was issued.
19. 
The licensed premises are no longer used for the purposes permitted by the license.
20. 
Submission of any false document or record or to make any false statement of fact regarding the license application, applicant for a license, the licensee of the licensed premises, or in a response to the Director of Finance request for information pursuant to Section 600.280(A)(5). Violation of this Subsection (D)(20) shall result in the revocation of the liquor license.
[Ord. No. 20-026, 2-18-2020[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection (D)(20) through (23), regarding revocation of liquor license due to violations of food sales requirements and submission of false documents or records and provided for the renumbering of former Subsection (D)(24) through (29) as Subsection (D)(21) through (26), respectively.
21. 
The licensee violates any provision of a right-of-way encroachment license.
22. 
The licensee sells food or drink in any area subject to a right-of-way encroachment license, a sidewalk cafe permit, or outside the licensed premises after 12:00 Midnight and before 3:00 A.M.
23. 
The licensee fails or refuses to allow access to the licensed premises by a City employee engaged in an investigation of any potential violation of any municipal ordinance.
24. 
Anything has occurred which would render the licensed premises ineligible or unsuitable for a license under the provisions of Chapter 600 of the City Code.
25. 
The licensee violates Chapter 500 of the City Code, as amended, including the Property Maintenance Code.
26. 
All other violations of law or the City Code for which the assessment of points against a liquor license is appropriate.
E. 
Points. The number of points assessed for the violations described herein shall be as follows unless otherwise specified:
[Ord. No. 20-026, 2-18-2020]
1. 
Violation under Section 600.260(D)(1), (21) or (22) of this Code: 1.0.
2. 
Violation under Section 600.260(D)(3) of this Code: 1.5.
3. 
Violation under Section 600.260(D)(10), (12), (13), (14), (25) or (26) of this Code: 2.0.
4. 
Violation under Section 600.260(D)(2) or (24) of this Code: 2.5.
5. 
Violation under Section 600.260(D)(8), (9), (15) or (23) of this Code: 3.0.
6. 
Violation under Section 600.260(D)(4), (5), (6), (7), (11), or (17) of this Code: 3.5.
7. 
Violation under Section 600.260(D)(16), (18), (19) or (20) of this Code: revocation.
8. 
Any three (3) violations under Section 600.260(D)(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) or (15) of this Code in a ninety-day period: revocation.
F. 
Point Classifications.
[Ord. No. 20-026, 2-18-2020]
1. 
Minor: 1.0 to 2.5 points in twelve (12) months.
2. 
Significant: 3.0 to 6.0 points in twelve (12) months.
3. 
Major: 6.5 and above in twelve (12) months.
For purposes of calculating the number of points within a twelve-month period, the date the point assessment becomes final shall be the date used for calculating the number of points assessed within the period. The date on which the assessment of points becomes final is the date the points are assessed by the Commission or the date administrative or judicial review of the point assessment is complete, whichever is later.
G. 
Persistent Disorderly Place.
[Ord. No. 18-273, 12-18-2018; Ord. No. 20-026, 2-18-2020]
1. 
Notwithstanding any provision of this Chapter to the contrary, the liquor license of a persistent disorderly place shall be revoked. For purposes of this Subsection (G), a "persistent disorderly place" means a licensed premises that sustains a total of three (3) or more license violations pursuant to Section 600.260(D)(4 through 14), inclusive, and (D)(28) within a ninety-day period. A license revocation pursuant to this Subsection (G)(1) shall follow the review and appeal procedures set forth in Subsections (H) and (I).
H. 
License Violation Review Procedures.
1. 
Notification of the point system as stated herein and a copy of this Section 600.260 will be provided to each licensee by the Director of Finance upon the issuance of a license.
2. 
Upon the receipt of an incident report or other evidence of a license violation, the Liquor Commission (hereinafter "Commission") shall follow the procedures set forth in this Section.
[Ord. No. 20-026, 2-18-2020]
a. 
The Commission will review the report and determine whether there is probable cause to believe that a licensee, or an employee or agent of a licensee, committed a license violation.
b. 
If the Commission determines that there is not probable cause to believe that a licensee, or an employee or agent of a licensee, committed a license violation, the Commission will notify the licensee that the Commission will take no further action with respect to that incident.
c. 
Notwithstanding any other provision of this Chapter to the contrary, if the Commission determines that there is probable cause to believe that the conduct of a licensee, or an employee or agent of a licensee, resulted in a liquor violation under Subsection (D), the Commission may order the licensee to undergo specialized liquor law enforcement training offered by the City of St. Charles Police Department or another qualified Law Enforcement Agency, in lieu of assessing points against a liquor license. All officers, managers, employees and agents of the licensee at the time of the Commission's determination shall undergo such training.
d. 
If the Commission determines by a preponderance of the evidence that a licensee, or an employee or agent of a licensee, committed a license violation, the Commission may assess points against the license(s) of the licensee in accordance with this Section 600.260. The Commission will mail a copy of the incident report to the liquor licensee along with a notification of the points assessed against the applicable liquor license(s), and the total of outstanding points assessed against such license(s). When points assigned to a liquor license reach the significant or major category, the Commission may suspend or revoke the license. Alternatively, the Commission may mail a copy of the incident report to the liquor licensee along with a notification of the Commission's intent to assess points and provide the licensee the opportunity to come before the Commission and present evidence why the points should not be assessed against the license.
e. 
Any written appeal of the assessment of points against a liquor license must be filed with the Director of Finance by the licensee within ten (10) calendar days of the licensee's receipt of notification of the assessment of points. The appeal will be heard by the Liquor License Appeal Board pursuant to the hearing procedure under Subsection (I).
I. 
Hearing Procedures.
[Ord. No. 20-026, 2-18-2020]
1. 
The Liquor License Appeal Board (hereinafter, "Appeal Board"), after not less than ten (10) days' notice to the licensee, shall conduct an evidentiary administrative hearing. The notice of the hearing date and time shall be served upon the licensee by leaving a copy at the licensed premises or by mailing the notice by certified mail to the licensee at the licensed premises.
2. 
The licensee shall appear in person and may appear with legal counsel, to present evidence, to produce witnesses, to examine witnesses, cross-examine and impeach witnesses. Witnesses may appear voluntarily and testify. Before any witness shall testify, the witness shall be sworn to testify under oath by any person authorized by law to administer oaths. The hearing shall be transcribed by a court reporter or stenographer. The technical rules of evidence shall not apply, except the Appeal Board may exclude evidence which is irrelevant or repetitious. Each party is entitled to present oral arguments or written briefs at or after the hearing. The cost for the transcription of the hearing shall be paid by the party requesting the transcript.
3. 
The Appeal Board shall make written findings of fact and conclusions of law within sixty (60) calendar days of the hearing, unless further extended by the Appeal Board. Such findings shall be based upon competent and substantial evidence contained in the hearing record as a whole. A copy of the Appeal Board decision, findings of fact and conclusions of law shall be delivered to the City Clerk and to the licensee.
4. 
Judicial review of a decision of the Appeal Board shall be by writ of certiorari in the Circuit Court of St. Charles County, Missouri.
J. 
When points assigned to a liquor license reach the minor category, the Commission may require the licensee and employees to complete the specialized training set forth in Subsection (H)(2)(c) or may place the licensee on probationary status. When points assigned to a liquor license reach the significant category, the Commission may suspend the license. When points assigned to a liquor license reach the major category, the Commission may suspend or revoke the license.
[Ord. No. 20-026, 2-18-2020]
[R.O. 2009 §115.33; CC 1981 §3-37; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
In case any license issued under the provisions of this Chapter is revoked, surrendered or forfeited by the licensee, not used or used for only part of the license period, after the effective beginning date of such license, no refund of any license fee or part thereof shall be made.
[R.O. 2009 §115.34; CC 1981 §3-38; Ord. No. 87-116, 6-5-1987; Ord. No. 88-59, 4-13-1988; Ord. No. 88-130, 7-7-1988; Ord. No. 89-138, 7-12-1989; Ord. No. 93-169, 7-21-1993; Ord. No. 94-185, 7-27-1994; Ord. No. 94-324, 12-7-1994; Ord. No. 95-3, 1-4-1995; Ord. No. 95-309, 11-8-1995; Ord. No. 96-5, 1-16-1996; Ord. No. 96-42, 2-21-1996; Ord. No. 98-208, 5-14-1998; Ord. No. 00-246, 9-21-2000; Ord. No. 00-328, 12-1-2000; Ord. No. 01-42, 2-26-2001; Ord. No. 01-167, 7-19-2001; Ord. No. 04-1, 1-7-2004; Ord. No. 04-44, 2-23-2004; Ord. No. 08-21, 1-24-2008; Ord. No. 08-139, 7-16-2008; Ord. No. 08-208, 10-8-2008; Ord. No. 09-39, 2-23-2009; Ord. No. 10-132 §1, 6-16-2010; Ord. No. 11-097 §1, 5-20-2011; Ord. No. 12-201 §1, 11-8-2012]
A. 
Criteria And Limitations. The granting of liquor licenses shall be determined according to the following criteria and limitations and are to be interpreted and applied independently of one another and of the conditional use permit requirements of Chapter 400 of this Code.
1. 
No liquor license shall be granted to any person in relation to any premises located within zoning districts "R-1C," "R-1E," "R-2," "R-3A," "R1-D," "R-M" or "O-I". This section shall not apply to City-owned property used for park purposes.
[Ord. No. 13-144 §1, 8-6-2013; Ord. No. 18-110, 5-1-2018]
2. 
Within each separate and distinct geographical area bearing a district "C-1," "SMPD" or "HCD" zoning classification, no more than one (1) liquor license shall be granted in proportion to each twenty-five (25) businesses located within such area.
3. 
Within each separate and distinct geographical area bearing a district "FHCD," "CBD," "C-2" or "C-3" zoning classification, no more than one (1) liquor license shall be granted in proportion to each fifteen (15) businesses located within such area. This restriction shall not apply to a license application for a business containing at least thirty thousand (30,000) square feet.
[Ord. No. 18-110, 5-1-2018]
4. 
Within each separate and distinct geographical area bearing a district "I-1" zoning classification, no more than one (1) liquor license shall be granted in proportion to each twenty (20) businesses located within such area.
5. 
Within each separate and distinct geographical area bearing a district "I-2" zoning classification, no more than one (1) liquor license shall be granted in proportion to each twenty-five (25) businesses located within such area.
6. 
No liquor license shall be granted to any person for any premises if the property line of the premises sought to be licensed is less than three hundred (300) feet from the property line of any property used as a hospital, school or church or from the property line of any property in a residential zoning district or a zoning district bearing an "HCD" or "O-I" classification, unless the applicant for the license shall first obtain the consent of the City Council. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within three hundred (300) feet of the proposed licensed premises. The three hundred (300) foot restriction contained herein shall only apply to license applications filed on or after January 1, 2001 for premises for which no license has previously been issued under Chapter 600 of this Code.
[Ord. No. 18-201, 9-25-2018]
7. 
Applicability of criteria.
[Ord. No. 18-201, 9-25-2018]
a. 
The criteria and limitations enumerated in Subsections (A)(1) through (A)(6) shall not apply to an application for a liquor license restaurant or for any existing private, non-profit, fraternal or veteran organization at its location, as of the effective date of this Section.
b. 
The criteria and limitations contained in Subsections (A)(2) through (A)(6) shall not apply to licenses for the sale of intoxicating liquor or malt liquor, when the license is for the sale at retail in the original package and not for consumption upon the premises, by those types of businesses listed and subject to the conditions in Section 600.290.
c. 
The term "one liquor license", as used in Subsections (A)(2) through (A)(5) shall not include licenses for the sale of intoxicating liquor or malt liquor, when the license is for the sale at retail, in the original package and not for consumption upon the premises.
d. 
The criteria and limitations in Subsection (A)(6) shall not apply to an application for a liquor license in that area of the City within zoning district "PD-MU" and consisting of approximately a six hundred thirty-seven and nine-tenths (637.9) acre tract of land located between New Town Boulevard and Boschertown Road south of Highway B and commonly known as The New Town at St. Charles.
8. 
Notwithstanding the provisions of this Section to the contrary, liquor licenses in effect on the date of passage of this Chapter may be renewed or transferred and new applications may be made for such locations if no license has been revoked or has otherwise lapsed for thirty (30) days, except this paragraph shall be of no force or effect when Subsection (A)(10)(b)(1) is applicable.
[Ord. No. 18-061, 3-20-2018; Ord. No. 18-201, 9-25-2018]
9. 
Notwithstanding the provisions of this Section to the contrary, one (1) license for wine making or one (1) license for the brewing of beer may be issued within each separate and distinct geographical area bearing one (1) of the zoning classifications listed in Subsections (A)(1) through (A)(5), if there are fewer than the minimum number of businesses required by the applicable Subsection. This Subsection (A)(9) shall apply only to buildings which are historically significant as previously being used for brewery or winery purposes and only when the City Council finds that the issuance of the license will not be detrimental to the neighborhood.
[Ord. No. 18-201, 9-25-2018]
10. 
After January 4, 1995, only those establishments which are granted licenses pursuant to Sections 600.190(A)(12), (13) and (14) and qualify as a restaurant bar as defined in Section 600.010 may sell intoxicating liquor in the Historic Downtown District.
[Ord. No. 18-021, 2-6-2018; Ord. No. 18-061, 3-20-2018; Ord. No. 18-201, 9-25-2018]
a. 
Upon the grant of licenses issued pursuant to Sections 600.190(A)(12), (13) and (14), a restaurant bar may operate in the Historic Downtown District for a period not to exceed ninety (90) days from the date of issuance of the liquor license if it can demonstrate that it is more likely than not that it shall have from the date the above licenses are issued receipts from prepared meals or food consumed on the premises of greater than fifty percent (50%) of gross receipts or not less than two hundred thousand dollars ($200,000.00); except that effective January 1, 2019, receipts from the sale of prepared meals or food consumed on the premises of greater than fifty percent (50%) of gross receipts shall exclusively be required for a restaurant bar in the Historic Downtown District.
The ninety (90) day period to demonstrate greater than fifty percent (50%) of gross receipts from the sale of prepared meals or food consumed on the premises requirement may be extended one (1) time for an additional ninety-day period by the Director of Finance. After the expiration of the ninety (90) day period or the additional ninety (90) day period, the licensee is required to comply with the greater than fifty percent (50%) of gross receipts from the sale of prepared meals or food consumed on the premises requirement of this Subsection (A)(10). Failure to meet the greater than fifty percent (50%) of gross receipts from the sale of prepared meals or food consumed on the premises requirement after the second ninety (90) days shall result in revocation of the liquor license. Compliance with the requirements of this Subsection (A)(10) shall be shown by the licensee filing with the Finance Department a report of monthly receipts from the sale of prepared meals or food consumed on the premises and monthly receipts from the sale of alcoholic beverages for a calendar year. The annual report shall be filed by no later than February 28 for the previous calendar year. The ninety (90) day and additional ninety (90) day report shall be filed by no later than thirty (30) days after the expiration of the ninety (90) day and additional ninety (90) day period. The report shall be signed by the licensee and report preparer under penalty of perjury on a form prescribed by the Finance Department. It shall be the responsibility of the Finance Department to verify compliance with this Subsection (A)(10). The Finance Department or its designee may audit any licensee or licensed premises to verify compliance with this Subsection (A)(10). As an alternative to the Finance Department audit, the Director of Finance may require a licensee to have an audit performed at the licensee's sole cost and expense, by a licensed Certified Public Accountant to certify and attest under penalty of perjury of compliance with this Subsection (A)(10). Nothing herein shall be construed to prohibit the Finance Department from conducting and audit to verify compliance. Every licensee shall keep and maintain its books and records for a period of at least three (3) years after the expiration of each license to verify compliance with this Subsection (A)(10). Such books and records shall consist of, at a minimum, sales ledgers, prenumbered guest checks, cash register tapes, paid invoices for all food and alcoholic beverage purchases, and cancelled checks or vendor receipts evidencing payment for all food and alcoholic beverage purchases. Every licensee shall produce its books and records to the Finance Department upon request and by the date requested. The duty to maintain books and records sufficient to perform an audit of a licensee shall be upon the licensee. Failure of a licensee to keep and produce its books and records by the date requested shall result in revocation of the liquor license. Failure of a licensee to have receipts from the sale of prepared meals or food consumed on the premises of greater than fifty percent (50%) of annual gross receipts for a license year shall result in revocation of the liquor license or shall result in non-renewal of the liquor license. The licensee shall have the burden of proof by competent and substantial evidence based upon the whole record and the burden of going forward with the evidence of compliance with this Subsection (A)(10).
b. 
Continued operation of an establishment within the Historic Downtown District licensed pursuant to and in accordance with this Chapter shall be contingent upon:
(1) 
Possession of licenses granted pursuant to Sections 600.190(A)(12), (13) and (14); except that the following locations: 130 South Main Street and 218 North Main Street shall be required to maintain licenses issued pursuant to Sections 600.190(A)(12) and (13), and provided said licenses for the above locations are applied for before the June 30 expiration date of the then current licenses, or within thirty (30) days after the day the then current licensee ceases doing business at the licensed premises, whichever occurs first. For purposes of this Subsection, the words "ceases doing business" means the tenth day of ten (10) consecutive days for which the then current licensee has not sold intoxicating liquor.
[R.O. 2009 §115.35; CC 1981 §§3-40—3-41; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008; Ord. No. 11-097 §1, 5-20-2011; Ord. No. 13-059 §1, 3-10-2013; Ord. No. 16-111 §1, 5-17-2016]
No license applied for pursuant to this Chapter 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 which license shall 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 general merchandise store, a grocery store, a liquor store, a gas or automobile products or service 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, intoxicating liquors, gasoline, petroleum products and automotive parts and supplies and have a display area containing no less than one thousand two hundred (1,200) square feet, exclusive of storage rooms and walk-in refrigeration coolers, except that a general merchandise store in the Historic Commercial District or the Frenchtown Historic Commercial District shall have a display area containing no less than six hundred fifty (650) square feet.
[R.O. 2009 §115.36; CC 1981 §3-42; Ord. No. 87-116, 6-5-1987; Ord. No. 08-21, 1-24-2008]
A. 
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter and who meets the requirements of and complies with the provisions of this Chapter may apply for and the City may issue a license to sell intoxicating liquor, as defined in this Chapter, by the drink at retail for consumption on the premises of any boat or other vessel licensed by the United States Coast Guard to carry one hundred (100) or more passengers for hire on navigable waters in or adjacent to the City, which has a regular place of mooring in a location in this City or within two hundred (200) yards of a location which would otherwise be licensable under this Chapter. The license shall be valid even though the boat or other vessel leaves its regular place of mooring during the course of its operation.
B. 
For every license for sale of liquor by the drink at retail for consumption on the premises of any boat or other vessel issued under the provisions of this Section, the licensee shall pay to the Director of Finance the sum of four hundred fifty dollars ($450.00) per year.