Editor's Note—Ord. no. 03-219, adopted December 31, 2003, amended this chapter by addition of sections 600.020—600.345. However, this ordinance left gaps in the numbering, consequently this chapter is not in sequentially numbered order.
[Ord. No. 94-88 §1, 6-14-1994; Ord. No. 96-58 §§1—2, 5-29-1996; Ord. No. 99-47 §1, 4-28-1999; Ord. No. 02-073 §§1—3, 5-29-2002; Ord. No. 04-115 §1, 7-28-2004; Ord. No. 12-029 §1, 3-30-2012; Ord. No. 13-001 §1, 1-3-2013; Ord. No. 13-050 §1, 6-28-2013]
A.
The fees authorized in Chapter 311, Section 220 to be charged by Counties for liquor licenses, such fees arising from the authority set forth in Sections 311.085, 311.087, 311.090, 311.091, 311.095, 311.096, 311.097, 311.098, 311.099, 311.178, 311.180, 311.181, 311.190, 311.191, 311.195, 311.200, 311.218, 311.293, 311.294, 311.298, 311.480, 311.482, 311.485, 311.486, 311.550, 311.554 of the Revised Statutes of Missouri are hereby adopted at the maximum fee authorized by Statute and the amount of such fee shall change to reflect the maximum authorization should the maximum fee set by Statute be altered by the Missouri legislature.
B.
Before any permit or license is issued or renewed under the provisions of this Section, the County Registrar shall require a paid receipt or waiver issued by the Collector of Revenue showing that the business making application for the permit has paid its personal property taxes due and owing in St. Charles County.
C.
Such collection of fees and the granting of licenses and/or permits shall be the responsibility of the County Registrar.
[Ord. No. 03-219 §1, 12-31-2003]
Sections 600.030 through 600.345 of this Chapter shall apply in that portion of St. Charles County located outside of the incorporated cities, towns and villages. Sections 600.030 and 600.110 shall be in effect in all incorporated cities, towns and villages within the corporate limits of St. Charles County where liquor by the drink at retail for consumption on the premises where sold is permitted at law.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-115 §2, 7-28-2004]
Unless the context otherwise requires, the following terms as used in this Code shall be construed according to the definitions given below:
Malt liquor containing in excess of three and two-tenths percent (3.2%) by weight manufactured from pure hops or pure extract of hops or pure barley malt or wholesome yeast and pure water.
Includes any spirits, wine, ale, malt or other liquor, or combination of liquor a part of which is spirituous, vinous, malt or fermented, and all preparations for beverage purposes, containing in excess of three and two-tenths percent (3.2%) of alcohol by weight.
Wine containing not in excess of fourteen percent (14%) of alcohol by weight exclusively from grapes, berries and other fruits and vegetables.
Includes any package containing three (3) or more standard bottles of malt liquor or non-intoxicating beer or fifty (50) milliliters or more of spirituous or vinous liquors in the manufacturer's original container. A standard bottle is any bottle or can containing sixteen (16) ounces or less of malt liquor or non-intoxicating beer.
Includes all individuals, firms, partnerships, associations, corporations, clubs, joint ventures and their trustees or receivers appointed by any court of competent jurisdiction.
Includes the place or places within a specified structure where intoxicating liquor is sold and consumed; provided however, that said premises and the place or places where intoxicating liquor is sold and consumed shall, at the time of application for any license hereunder, be fully described in such application; the place or places described in the application need not be adjoining and contiguous rooms or areas.
The Registrar for St. Charles County, Missouri.
The sale of intoxicating liquor by the drink at retail for consumption on the premises where sold where at least fifty percent (50%) of the gross income of the premises is not derived from the sale of prepared meals or food consumed on the premises. The sale of any intoxicating liquor, except malt liquor, in the original package in any quantity less than fifty (50) milliliters shall be deemed "sale by the drink" and may be made only by a holder of a retail liquor dealer's license as hereinafter provided and, when so made, the container in every instance shall be emptied and the contents thereof served as other intoxicating liquors sold by the drinks are served.
[Ord. No. 06-085 §1, 6-27-2006]
If the sale of liquor is subject to licensure under this Chapter, it shall be unlawful for any person, firm, partnership or corporation to sell or expose for sale liquor without a license authorized by this Chapter.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-085 §1, 6-15-2004; Ord. No. 15-033 §1, 3-30-2015]
A.
Applications for license either to sell intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package shall be filed with the County Registrar on forms furnished by the County Registrar. Such applications are available through the County Registrar. Each application shall be signed by the applicant. If the applicant is a joint venture, partnership or group other than a corporation, the application shall be made by all individuals who are members of such joint venture, partnership or group. If the applicant is a corporation, the application shall be made by a managing officer of the corporation. A corporate applicant shall state the names and addresses of its registered agents, officers and registrars; the number of shares in the corporation owned by each and the percentage those shares bear to the total outstanding shares of the corporation; the names and addresses of the ten (10) principal stockholders of the corporation; and the names and addresses of each stockholder owning one percent (1%) or more of the total outstanding shares of the corporation. The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for compliance with the provisions of this Code and the laws of the State of Missouri regulating the sale of intoxicating liquor by the drink and the sale of beer and light wine by the drink and in the original package. Applications for Sunday licenses to sell intoxicating liquor at retail by the drink or to sell beer and light wine by the drink and in the original package, in addition to the above-mentioned requirements, must show that the premises for which the license is desired satisfy the requirements for such a license and that the applicant already possesses a license to sell intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package.
B.
If, during the term for which a license is issued, there is a change of managing officer of a corporate licensee, a new application shall be filed with the County Registrar and shall be accompanied by a filing fee of thirty dollars ($30.00), unless otherwise provided in Section 600.085. The County Registrar shall take no action on said application unless the filing fee has been paid.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-085 §2, 6-15-2004; Ord. No. 06-085 §2, 6-27-2006; Ord. No. 13-001 §2, 1-3-2013; Ord. No. 13-050 §2, 6-28-2013]
A.
Unless otherwise provided in Section 600.085, each application for a license either to sell intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package shall be accompanied by a filing fee of thirty dollars ($30.00), payable to the County through the office of the County Registrar and shall contain the following information or other information as required by Section 600.070:
1.
The exact location and description of the premises to be covered by the license;
2.
The kind of business which the applicant proposes to conduct on such premises in addition to the sale of intoxicating liquor and the hours which the applicant plans to keep his place open for such other business;
3.
Whether or not the applicant has ever been convicted of any felony of or any other Federal law, law of the State of Missouri or any other State or City or County ordinances involving moral turpitude or public indecency including, but not limited to, a violation of Section 210.160, OSCCMo., or any violation of law regulating control or prohibiting the sale of intoxicating liquor; and
4.
If located within the boundaries of a municipality, evidence that sale of intoxicating liquor by the drink at retail for consumption upon the premises where sold is permitted by law within that municipality.
B.
The County Registrar is authorized to require such additional information necessary to carry out the intent and purposes of this Chapter.
[Ord. No. 15-033 §2, 3-30-2015]
C.
The County Registrar shall take no action on an application unless the filing fee has been paid.
[Ord. No. 15-033 §2, 3-30-2015]
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 04-085 §3, 6-15-2004; Ord. No. 15-033 §3, 3-30-2015]
A.
Any person who possesses the qualifications required by this Chapter and who now or hereafter meets the requirements of this Chapter may apply for, and the County Registrar may issue, either a license to sell intoxicating liquor on Sunday by the drink for consumption on the premises or a license to sell beer and light wine by the drink and in the original package as authorized in this Chapter.
B.
There shall be a separate application for a Sunday license either to sell intoxicating liquor at retail by the drink or to sell beer and light wine by the drink and in the original package. Each application for a Sunday license filed with the County Registrar shall be accompanied by a filing fee of seven dollars fifty cents ($7.50), unless otherwise provided in Section 600.085. The County Registrar shall take no action on an application unless the filing fee has been paid.
[Ord. No. 04-085 §4, 6-15-2004]
An organization that is incorporated or authorized to do business in the State of Missouri as a public benefit corporation pursuant to Chapter 355, RSMo., or recognized by the United States Internal Revenue Service as an entity exempt from Federal tax pursuant to Section 501 of the Internal Revenue Code, shall not be obliged to pay the filing fees required by Sections 600.070(B), 600.080(A) and 600.082(B).
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 15-033 §4, 3-30-2015]
The County Registrar shall direct the submission of all information required by or pursuant to this Chapter to investigate all applications for sale of intoxicating liquor by the drink, all applications for license to sell beer and light wine by the drink and in the original package, and all applications for Sunday license to sell intoxicating liquor at retail by the drink, and the applicant shall provide to the County Registrar all such information. Failure to provide such information to the County Registrar is grounds for refusal of such application.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 15-033 §5, 3-30-2015]
A.
Each application for the sale of intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package and each application for a Sunday license to sell intoxicating liquor at retail by the drink shall be approved or disapproved by the County Registrar. No person has a natural or inherent right or privilege to engage in the sale of liquor by the drink and the approval or disapproval of each application shall be within the sole discretion of the County Council.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 06-085 §3, 6-27-2006]
A.
The Registrar shall issue a license to the applicant when the following requirements have been met:
1.
Determination by the County Registrar that the license application meets all requirements of this Chapter if the business is located within unincorporated St. Charles County or approval by the appropriate municipality if located within the boundaries of a municipality located in St. Charles County;
[Ord. No. 15-033 §6, 3-30-2015]
2.
Issuance of a license from the State of Missouri for the State's next license year;
B.
Each license issued under the provisions of this Code shall particularly describe the premises at which intoxicating liquor by the drink may be sold and shall not be deemed to authorize or permit the sale of intoxicating liquor by the drink at any place other than that described therein.
C.
Whenever a license is issued by the Registrar pursuant to Section 600.110(A) and said license covers premises which describe two (2) or more places where intoxicating liquors are to be sold and consumed which places are composed of non-adjoining or non-contiguous rooms or areas, the annual license fee set forth in Section 600.110(A) shall be paid for each such non-adjoining or non-contiguous place specified in the license.
D.
The license year shall run from August first (1st) to July thirty-first (31st). All annual license fees payable hereunder shall be due and payable on or before August first (1st) annually, provided that applicants who shall apply for licenses to commence business and shall commence business before August first (1st) shall pay for such license one-twelfth (1/12) of the annual fee for every month or part thereof from the date of issuance to the beginning of the ensuing license year.
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 06-085 §4, 6-27-2006; Ord. No. 13-001 §3, 1-3-2013; Ord. No. 13-050 §3, 6-28-2013]
A.
No license shall be issued to:
1.
A person or managing officer who:
a.
Is not a resident of the State; or
b.
Has been convicted of a felony; or
c.
Represents a person, company, partnership, corporation or other legal entity which is delinquent in the payment of its taxes; or
d.
Does not meet or represents an entity which does not meet the requirements of Section 311.060, RSMo.; or
e.
Whose license under this Code has been revoked for cause; or
f.
Who at the time of application for renewal of any license hereunder would not be eligible for such license upon a first (1st) application.
2.
A person who has been convicted of a violation of any felony of or any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or of any of the provisions of this Code, or any offense involving moral turpitude or public indecency, including, but not limited to, a violation of Section 210.160, OSCCMo., or who shall have forfeited his bond to appear in court to answer charges of any such violation.
3.
A person for sale of intoxicating liquor by the drink or for the sale of beer and light wine by the drink and in the original package on the premises where such activity is not permitted by the St. Charles County Zoning Ordinances, as amended, nor shall any license be issued for premises which would be detrimental or incompatible with[1] the character and welfare of the surrounding neighborhood.
[1]
Note—This word appeared as "when" in the original ordinance.
[Ord. No. 03-219 §1, 12-31-2003]
A.
No license shall be granted for the sale of intoxicating liquor to any applicant who proposes to operate such place of business within a distance of three hundred (300) feet of any church, synagogue or school building, exclusive of the ground surrounding same, or of any public park or playground.
B.
The provisions of this Section shall not apply:
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 15-033 §7, 3-30-2015]
Any person a licensed to sell intoxicating liquor by the drink or to sell beer and light wine by the drink and in the original package under the provisions of this Code may, upon application to the County Registrar, be authorized to change the location of his place of business during the term of such license; provided that the proposed new location complies with all the conditions prescribed in this Code relating to the location where intoxicating liquor by the drink or beer and light wine by the drink and in the original package may be sold and the new location has been approved by the County Registrar.
[Ord. No. 03-219 §1, 12-31-2003]
No person holding a license to sell intoxicating liquor by the drink at retail or to sell beer and light wine by the drink and in the original package shall suffer or permit any child under the age of sixteen (16) years to be employed or work in or in connection with any entertainment or cabaret conducted in any place where intoxicating liquor is sold by the drink at retail.
[Ord. No. 03-219 §1, 12-31-2003]
No person holding a license to sell intoxicating liquor by the drink at retail or to sell beer and light wine by the drink and in the original package shall cause or permit any individual who has been convicted of a felony or misdemeanor involving moral turpitude to be employed on the licensed premises.
[Ord. No. 03-219 §1, 12-31-2003]
No person holding a license to sell intoxicating liquor by the drink at retail or to sell beer and light wine by the drink and in the original package shall allow or permit acts to be performed in such establishment in violation of Section 210.160, OSCCMo. Conviction of a violation of Section 210.160, OSCCMo., which occurred on the permitted premises shall be cause for suspension or revocation of the license.
[Ord. No. 03-219 §1, 12-31-2003]
A.
The following annual fees for intoxicating liquor by the drink licenses for St. Charles County are hereby imposed as follows:
1.
Authorizing the sale 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 and/or light wines containing not in excess of fourteen percent (14%) of alcohol by weight sold by the drink at retail for consumption on the premises in the unincorporated areas of St. Charles County—thirty-five dollars ($35.00).
2.
Authorizing the sale of all types of intoxicating liquors at retail by the drink to be consumed upon the premises in the unincorporated areas of St. Charles County—three hundred dollars ($300.00).
3.
Authorizing the sale of all types of intoxicating liquors at retail by the drink to be consumed upon the premises in the unincorporated areas of St. Charles County on Sunday—two hundred dollars ($200.00).
[Ord. No. 03-219 §1, 12-31-2003; Ord. No. 06-085 §5, 6-27-2006]
A.
The County Council may suspend for a period up to ninety (90) days or revoke a license heretofore issued if it finds one (1) or more of the following:
1.
Intentional misstatement or misleading statements of fact in the application not discovered until after the issuance of said license;
2.
A person holding a license to sell intoxicating liquor by the drink at retail or to sell beer and light wine by the drink and in the original package shall have been convicted of a felony or a violation of any Statute, law or ordinance involving moral turpitude or public indecency, including, but not limited to, a violation of Section 210.160, OSCCMo., or any violation of law regulating control or prohibiting the sale of intoxicating liquor; and
3.
Violation of the provisions of this Chapter.
[Ord. No. 03-219 §1, 12-31-2003]
A.
In the case of a suspension, if the County Council should find the conduct of such party or parties, subsequent to the start of the suspension but prior to the completion of the period of suspension, to be such as to indicate the fitness to continue to hold the license, the County Council may terminate the suspension.
B.
In the case of a revocation, if the County Council should find the conduct of such party or parties, subsequent to the start of the revocation, to be such as to indicate the fitness of the licensee to hold a license to sell intoxicating liquor by the drink at retail or to sell beer and light wine by the drink and in the original package, the County Council may issue a license to the party or parties subject to the revocation after the party or parties have applied anew for a liquor by the drink license.
[Ord. No. 03-219 §1, 12-31-2003]
In the event that the County Council revokes said license, the County licensee shall be entitled to a hearing before the County Council upon notice duly given at least ten (10) business days prior to the date of such hearing. The decision of the County Council and the reasons therefore shall be sent by certified mail or hand delivered to the County licensee.
[Ord. No. 04-046 §1, 3-31-2004]
A.
Licenses For Charitable And Other Organizations ("Picnic Licenses"). Notwithstanding any other provision of this Chapter, the Registrar may issue a license authorizing the sale of intoxicating liquor and non-intoxicating beer 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 such intoxicating liquor and non-intoxicating beer at a picnic, bazaar, fair or similar gathering. The license shall be issued only for the day or days designated therein, but in no case shall such a license be issued to any one (1) club or organization for more than seven (7) days during any calendar year. The Registrar shall issue letters of approval of applications and licenses as follows.
1.
The Registrar shall issue a letter of approval upon receipt of a complete and valid application and the sum authorized by Section 600.010 of this Chapter under authority of Section 311.482, RSMo., as amended.
2.
The Registrar shall issue a licenses upon issuance of a license from the State of Missouri under authority of Section 311.482, RSMo., as amended.
B.
Temporary Caterer's Permit. Notwithstanding any other provision of this Chapter, the Registrar may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, effective for a period not to exceed one hundred twenty (120) consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption in the incorporated and unincorporated areas of St. Charles County in which is located the premises in which such function, occasion or event is held. The Registrar shall issue letters of approval of applications and licenses as follows.
1.
The Registrar shall issue a letter of approval upon receipt of a complete and valid application and the sum authorized by Section 600.010 of this Chapter under authority of Section 311.485, RSMo., as amended, and
2.
The Registrar shall issue a licenses upon issuance of a license from the State of Missouri under authority of Section 311.485, RSMo., as amended.
[Ord. No. 03-219 §1, 12-31-2003]
Any person who or business which shall be convicted of a violation of any provision of this Chapter may be punished by a fine not exceeding five hundred dollars ($500.00).
