[Ord. No. 4147-11 §1, 5-18-2011]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the most reasonable
application. For the purposes of this Chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this Section:
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 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 must be in non-alcoholic
sales.
City of Hazelwood, Missouri.
An area within a building or group of buildings designated
for the eating of food and drinking of liquor sold at retail by establishments
which do not provide areas within their premises for the consumption
of food and liquor; where the costs of maintaining such area or areas
are shared by the payment of common area maintenance charges, as provided
in the respective leases permitting the use of such areas or otherwise;
and where the annual gross income from the sale of such prepared meals
or food consumed in such common eating and drinking area is or is
projected to be at least two hundred seventy-five thousand dollars
($275,000.00).[1]
A system for the sale of intoxicating liquor in qualified
packages or containers in the rooms provided for the overnight accommodation
of transients guests in a qualified hotel by means of a controlled
access liquor cabinet in accordance with Section 311.099, RSMo.
Hazelwood City Council.
Includes alcohol for beverage purposes, 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 but subject to inspection
as provided by Sections 196.365 and 196.445, RSMo.
An executive officer whose authority and powers are such
that he or she is regularly in control of the operations and business
of the licensed premises with responsibility to direct the day to
day operations thereof.
A business whose primary activity is the brewing and selling
of beer with an annual production of ten thousand (10,000) barrels
or less.[2]
Any person under the age of twenty-one (21).
An organization with income, if any, which is in no way distributable
to its members and which has been approved by the Internal Revenue
Service or State of Missouri as a non-profit organization.
Any package containing an intoxicating beverage in its original
container as provided by the manufacturer.
Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any State or Federal Court.
A temporary permit for the sale of intoxicating liquor for
consumption on the premises where sold and may be issued to a church,
school, civic, service, fraternal, veteran, political or charitable
club or organization for the sale of such intoxicating liquor at a
picnic, bazaar, fair or similar gathering.[3]
That portion of any building in which a licensee under this
Chapter has his/her place of business and any additional building
or portion thereof used by the licensee in connection therewith, but
not any other portion of the entire lot or lots, parcel or parcels
of land on which such buildings are situated. The term "premises" shall also include:
The entire building in the case of hotels or motels in which
a licensee hereunder has his/her place of business; and
Any additional enclosed improvement or patio used in connection
with a licensee's business, but not the parking areas nor the balance
of the lot or lots, parcel or parcels of land on which said buildings
are situated.
Any establishment having a restaurant or similar facility
on the premises, at least fifty percent (50%) of the gross income
of which is derived from the sale of prepared meals or food consumed
on such premises; or which has an annual gross income of at least
two hundred thousand dollars ($200,000.00) from the sale of prepared
meals or food consumed on such premises.
Preparations or mixtures for beverage purposes that contain
alcohol obtained by distillation, including brandy, rum, whiskey,
gin and all other preparations or mixtures for beverage purposes of
a like character and excluding all vinous, fermented or malt liquors.
Relating to wine.
Bottled domestic white, rose or sparkling wine which is not
less than five (5) years old; or domestic red wine which is not less
than ten (10) years old; or imported white, rose, red, sparkling or
port wine which is not less than three (3) years old.
Any vinous liquor produced by fermentation of juice of grapes,
berries and other fruits or a preparation of certain vegetables by
fermentation and containing alcohol not in excess of twenty-two percent
(22%) by volume.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
It
shall be the duty of the Police Department of the City to enforce
the provisions of this Chapter and the State Statutes relative to
alcoholic beverages.
B.
The
Police Chief shall keep a record of each establishment licensed under
this Chapter and report to the Council at least monthly on any incidents
occurring there.
[Ord. No. 4147-11 §1, 5-18-2011]
No person shall drink any intoxicating liquor in any public building, except licensed premises, nor on any street, highway, parking lot or other public place, except as authorized by the City Council. For regulations concerning alcoholic beverages in parks, see Section 250.150.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
No
person shall sell, give away, dispense or permit consumption of intoxicating
liquor as described within this Chapter without first obtaining a
Hazelwood liquor license.
C.
No
liquor license shall be issued without the approval of the Council
and all license fees must be paid before the Finance Department can
issue a license.
D.
All
annual liquor licenses issued pursuant to the provisions of this Chapter
shall expire on June thirtieth (30th). Failure to pay the annual fee
required shall constitute an automatic revocation of the license.
Applications for renewal of licenses must be filed on or before the
first (1st) day of June of each calendar year. In case of failure
to submit the completed renewal application and fee on or before the
first (1st) day of June, there shall be added to the amount of the
renewal fee a late charge of one hundred dollars ($100.00) per week
or portion thereof payable prior to processing of the application.
E.
Any
applicants for a liquor license after the beginning of the usual license
year shall be charged on a pro rata basis in the proportion that the
number of days remaining in a license year bears to the total number
of days in said year.
F.
All
liquor licenses issued by the City shall be kept conspicuously posted
in or at the place for which such license was issued.
[Ord. No. 4147-11 §1, 5-18-2011; Ord. No. 4474-16 §1, 4-20-2016]
A.
It shall be unlawful for any retail licensee, licensed to sell intoxicating
liquor, wine or beer, or his/her employee to permit in or upon his/her
licensed premises:
1.
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
2.
The displaying of any portion of the areola of the female breast
or failure to cover the entire areola and front of the breast with
opaque clothing;
3.
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
4.
The actual or simulated displaying of the pubic hair, anus,
vulva or genitals or failure to cover pubic hair, anus, vulva or genitals
with opaque clothing;
5.
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus or fails at
any time to have and keep opaque clothing over all parts of his/her
genitals and anus; and
6.
The displaying of films, video or DVD programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
B.
Additional unlawful acts for any retail licensee, licensed to sell
intoxicating liquor, wine or beer, or his/her employee:
1.
At no time, under any circumstances, shall any licensee or his/her
employees immediately fail to prevent or suppress any violent quarrel,
disorder, brawl, fight or other improper or unlawful conduct of any
person upon the licensed premises, nor shall any licensee or his/her
employees allow any indecent, profane or obscene language, song, entertainment,
literature or advertising material upon the licensed premises.
2.
In the event that a licensee or his/her employee knows or should
have known, that an illegal or violent act has been committed on or
about the licensed premises, they immediately shall report the occurrence
to law enforcement authorities and shall cooperate with law enforcement
authorities and agents of the Division of Liquor Control during the
course of any investigation into an occurrence.
[Ord. No. 4147-11 §1, 5-18-2011]
No license issued under this Chapter shall be transferable or
assignable except as hereinafter provided. In the event of the death
of the licensee, the widow or widower or the next of kin of such deceased
licensee, who shall meet the other requirements of this Chapter, may
make application and the Council may transfer such license to permit
the operation of the business of the deceased for the remainder of
the period for which a license fee has been paid by the deceased.
Whenever one (1) or more members of a partnership dies or withdraws
from the partnership, the Council, upon request, shall permit the
remaining partner or partners originally licensed to continue to operate
for the remainder of the period for which the license fee has been
paid without obtaining a new license.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
For
the proper administration of this Chapter, the City Manager may, with
the approval of the Council, prescribe such rules, orders and regulations
as may be deemed necessary, which shall be faithfully observed by
all licensees or applicants for a license.
B.
Whenever
it has been shown to the satisfaction of the City Council that a person
licensed under the provisions of this Chapter has not at all times
kept an orderly place of business or has permitted on the licensed
premises any disorderly conduct, breach of the peace or illegal conduct
or practices; or that a person has violated any of the provisions
of this Chapter or the Liquor Control Act of the State or the rules,
orders or regulations adopted administratively as provided above;
or that a person has no license from the State's Supervisor of Control;
or that he/she has made a false affidavit in his/her application for
a liquor license, the City Council, after a hearing, shall be empowered
to revoke, suspend or otherwise discipline the license of such a person,
having given ten (10) days' notice in writing thereof prior to the
hearing to the licensee or any person in charge of or employed in
the place so licensed, stating the time, place, purpose and grounds
of such hearing and that at such hearing the person may be represented
by counsel and produce witnesses in his/her or its behalf.
[Ord. No. 4147-11 §1, 5-18-2011; Ord.
No. 4932-22, 12-21-2022]
A.
No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and taxpaying citizen of a County, City, Town or Village of the State; and no corporation shall be granted a license under this Chapter, unless the managing officer is of good moral character and a qualified legal voter and taxpaying citizen of a County, City, Town or Village of the State; and no person or corporation shall be granted a license or permit if the applicant for a license or a related person or entity of the applicant (as those terms are defined in Section 100.150 of this Code of Ordinances) has had a previous license revoked or has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law or ordinance applicable to the manufacture or sale of intoxicating liquor or who employs or has employed in his/her business, as such dealers, any person whose license has been revoked or who has been convicted of violating the provisions of any such law since the date aforesaid.
B.
Conditions
To Be Met By Applicants Desiring To Obtain A Liquor License. No liquor
license shall be issued to an applicant until the following conditions
have been met and complied with. The applicant shall file with the
Council a petition for a liquor license setting forth:
1.
Full name, age, residence, place of birth of the applicant and, if a naturalized citizen, time and place of naturalization, the length of time he/she has resided at the residence stated, whether he/she is a registered voter and assessed taxpaying citizen at the residence stated; whether or not the applicant or a related person or entity of the applicant (as those terms are defined in Section 100.150 of this Code of Ordinances) has ever had any license related to the manufacture, sale or distribution of alcoholic beverages suspended or revoked by any licensing authority in any jurisdiction or has surrendered or failed to renew a license related to the manufacture, sale or distribution of alcoholic beverages while under investigation for alleged license violations, or been convicted of a violation of any law or ordinance in any jurisdiction regulating, controlling or prohibiting the sale of liquor since the adoption of the Twenty-First Amendment to the Constitution of the United States; whether or not he/she has ever been engaged in the manufacture or sale or distribution of liquor and, if so, when, where and the nature of the business. If the applicant be a corporation, the petition shall set forth all of the above information with respect to the managing officer, identifying such officer and shall further state the corporate name, the date and State of incorporation, the names of shareholders holding more than ten percent (10%) of the common stock of the corporation with their addresses and percentage of stock held and identify any related entity to the applicant as defined in Section 100.150 of this Code of Ordinances;
2.
Whether or not any distiller, wholesaler, winemaker, brewer or any
employee, officer or agent of any such person has any financial interest
or proposes to have any financial interest in the retail business
for the sale of liquor for which such applicant applied for a license;
and whether or not any such persons, either directly or indirectly,
except as permitted by State law, have loaned, given or furnished
or will give, loan or furnish any equipment, money, credit or property
of any kind to such applicant, except ordinary commercial credit for
liquor sold to such applicant; the names of all persons, directly
or indirectly, interested financially in the proposed business of
the applicant;
3.
The exact location of the place or premises where the applicant proposes
to engage in such retail liquor business, including the street address
of the premises; and
4.
The kind of business which the applicant proposes to conduct in such
premises, particularly stating the hours which the applicant plans
to keep his/her place open for business of any kind.
[Ord. No. 4147-11 §1, 5-18-2011; Ord.
No. 4932-22, 12-21-2022]
A.
Except as provided in Subsections (B) and (C) of this Section, no person having a license under this Chapter nor any employee of such person shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his/her premises any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.
B.
No
person shall sell any intoxicating liquor in any quantity on the first
(1st) day of the week, commonly called Sunday, except:
1.
Those possessing a Sunday liquor license or a Sunday beer and wine license or a license for limited package sales pursuant to Section 600.280 below may sell intoxicating liquor by the drink, at retail for consumption on the premises and by original package for off-premises consumption, between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
2.
Businesses possessing a Sunday liquor license to sell intoxicating
liquor in the original package at retail may be open between the hours
of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
C.
When
January first (1st), March seventeenth (17th), July fourth (4th) or
December thirty-first (31st) fall on Sunday and on the Sundays prior
to Memorial Day and Labor Day and on the Sunday commonly known as
Superbowl Sunday, any person having a license to sell intoxicating
liquor by the drink may be open for business and sell intoxicating
liquor by the drink under the provisions of his/her license on that
day from the time and until the time which would be lawful on another
day of the week, notwithstanding any provisions of this Chapter, Section
311.290, RSMo., or any other provision of law to the contrary.
[Ord. No. 4147-11 §1, 5-18-2011]
B.
In
any place of business licensed in accordance with Section 311.200,
RSMo., persons at least eighteen (18) years of age may stock, arrange
displays, operate the cash register or scanner connected to a cash
register and accept payment for and sack for 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.
C.
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 or Chapter 311, RSMo.,
may employ persons of at least eighteen (18) years of age to rotate,
stock and arrange displays at retail establishments licensed to sell
intoxicating liquor.
D.
Persons
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor 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.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
No
person, his/her employee or agent shall sell or supply intoxicating
liquor beer or permit same to be sold or supplied to a habitual drunkard
or to any person who is under or apparently under the influence of
alcoholic beverages.
B.
Intoxicating
liquor shall not be given, sold or otherwise supplied to any person
under the age of twenty-one (21) years, but this shall not apply to
the supplying of intoxicating liquor to a person under such age for
medicinal purposes only by the parent or guardian of such person or
to the administering of such beverages to such person by a physician.
[Ord. No. 4147-11 §1, 5-18-2011]
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
defined in this Chapter is guilty of a violation under this Code of
Ordinances.
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.
[Ord. No. 4147-11 §1, 5-18-2011; Ord. No. 4474-16 §2, 4-20-2016; Ord. No. 4932-22, 12-21-2022]
A.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within three hundred (300) feet, measured
from the nearest point on the perimeter of lot on which the licensed
premises is located to the nearest point on the perimeter of the lot
occupied by the relevant land use of any:
2.
Church; or
3.
Any other building all or any portion of which is primarily
used as a place of religious worship,
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without the written consent of the City Council, which 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; except that when a child or
day care center, nursery school, school, church or place of worship
shall hereafter be established within three hundred (300) feet of
any place of business licensed to sell intoxicating liquor (measured
as specified above), the license shall not be denied for this reason.
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B.
If an applicant can demonstrate that due to the location or orientation
of the premises to be licensed, the arrangement of vehicular and pedestrian
travel in the vicinity, unusual size or topography of the lots involved,
and compatibility with the predominant land uses both sides of the
roadway in the block where the licensed premises is to be located,
the City Council may waive or reduce the proximity restrictions of
this Section if the Council determines, in the exercise of legislative
discretion, that the purposes of separating conflicting land uses
would still be substantially served.
[1]
State Law Reference—For similar provisions, §311.080,
RSMo.
[Ord. No. 4147-11 §1, 5-18-2011; Ord.
No. 4957-23, 4-19-2023]
The Council reserves the right to refuse to issue a license
for the sale and/or consumption of alcoholic beverages when, in its
judgment, the applicant has failed to establish that all requirements
for issuance have been fulfilled or the location for which the license
is sought to be obtained is not in the best interests of the community,
taking into consideration the proximity of homes, schools, churches,
playgrounds or other activities and conditions or circumstances. If,
in the judgment of the Council, a person previously operating an establishment
for the sale of intoxicating liquor has not conducted an orderly place,
the Council may refuse to issue a new license or renew a current license.
