City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
[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:
AMUSEMENT PLACES
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
City of Hazelwood, Missouri.
COMMON EATING AND DRINKING AREA
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]
CONTROLLED ACCESS LIQUOR CABINET SYSTEM
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.
COUNCIL
Hazelwood City Council.
INTOXICATING LIQUOR
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.
MANAGING OFFICER
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.
MICROBREWERY
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]
MINOR
Any person under the age of twenty-one (21).
NON-PROFIT ORGANIZATION
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.
ORIGINAL PACKAGE
Any package containing an intoxicating beverage in its original container as provided by the manufacturer.
PERSON
Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal Court.
PICNIC LICENSE
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]
PREMISES
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:
1. 
The entire building in the case of hotels or motels in which a licensee hereunder has his/her place of business; and
2. 
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.
RESTAURANT BAR
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.
SPIRITUOUS
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.
VINOUS
Relating to wine.
VINTAGE 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.
WINE
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.
[1]
State Law Reference—For similar provisions, §311.096, RSMo.
[2]
State Law Reference—For similar provisions, §311.195, RSMo.
[3]
State Law Reference—For similar provisions, §311.482, RSMo.
[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.
B. 
More specific information on fees, requirements and applications is included as listed below:
1. 
By the drink liquor license:
a. 
Full liquor license;
b. 
Beer and wine license;
c. 
Amusement place license;
d. 
Sunday liquor license;
e. 
Sunday beer and wine license—Article II.
2. 
Package liquor license—Article III.
3. 
Consumption liquor license—Article V.
4. 
Manufacturers, wholesalers, solicitors—Article VI.
5. 
Picnic license—Article VII.
6. 
Tasting and liquor cabinet permits and regulations—Article VIII.
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.
C. 
In addition to the licensee and/or his/her employee being subject to all penalties contained in Section 100.130 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.
[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]
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 shall be granted a license or permit whose license as such dealer has been revoked or who 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 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 he/she has ever been convicted of a felony or of a violation of any law 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;
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, 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;
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]
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. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. 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. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. 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 9:00 A.M. and Midnight on Sunday.
2. 
Businesses possessing a Sunday liquor license to sell intoxicating liquor in the original package at retail may be open between the hours of 9:00 A.M. and Midnight on Sunday.
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]
A. 
Except as provided in Subsections (B), (C) and (D) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
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]
A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within one hundred (100) feet, measured from the nearest point on the perimeter of the licensed premises to the nearest point on the perimeter of the building occupied by the relevant land use (or perimeter of the discrete portion of such building occupied by the relevant land use if it occupies a defined area less than the full building, such as a separate unit in a multi-occupant building) of any:
1. 
Kindergarten, elementary, middle, junior high or high school; or
2. 
Church; or
3. 
Any other building all or any portion of which is primarily used as a place of religious worship.
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 one hundred (100) feet of the proposed licensed premises; except that when a school, church or place of worship shall hereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason.
B. 
Subsection (A) of this Section shall not apply to a holder of a temporary "picnic" license in accord with Article VII of this Chapter or to any premises continuously holding a license issued before January 1, 2004.
[1]
State Law Reference—For similar provisions, §311.080, RSMo.
[Ord. No. 4147-11 §1, 5-18-2011]
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 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, the person previously operating an establishment for the sale of either intoxicating liquor has not conducted an orderly place, the Council may refuse to renew the license upon its expiration.