[Ord. No. 4147-11 §1, 5-18-2011]
A.
No person shall dispense, give away or sell intoxicating liquor by the drink within the City without first procuring a license as required in this Article. See Article I for general license information.
B.
By
the drink liquor licenses issued under this Article shall be limited
to one (1) license for each eight hundred (800) inhabitants or fraction
thereof.
[Ord. No. 4147-11 §1, 5-18-2011; Ord.
No. 4720-19, 10-16-2019]
A.
All
applications for licenses pursuant to the provisions of this Article
shall be addressed to the Council and shall be delivered to the City
Clerk, together with such supporting proofs as may be required by
the provisions of this Chapter or any rule, regulation order or directive
of the Council or City Manager.
B.
Upon
receipt of an application for a full liquor license or a beer and
wine license, the City Clerk shall, within ten (10) days, mail a written
notice to the last known place of abode of the owners of all property
lying within one hundred eighty-five (185) feet of the premises wherein
the license is to be issued. This notice shall advise the property
owners of the application for the full liquor license, amusement place
license, or beer and wine license. Provided, however, that such notice
shall not be required with respect to an application for licensure
of a premises if:
1.
A license such as that being applied for had previously been in force
for the same premises within one (1) year prior to the date of filing
of the application at issue, and
2.
The previous license had not been suspended, revoked or otherwise
disciplined during the three (3) years preceding the date of filing
of the application at issue.
C.
Within
ten (10) days of receipt of the application, the City Clerk shall
submit the application and all pertinent information to the Council
for consideration at its next regular meeting. The Council shall examine
the application to verify the accuracy and sufficiency of the facts
stated in the application and shall make other and further investigation
regarding the qualifications of the applicant as the Council may deem
necessary. No license shall be issued until the Council shall have
approved the qualifications of the applicant and has found that all
eligibility provisions of this Chapter have been satisfied.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
A full
liquor license is one which permits the sale of alcoholic beverages
by the drink and by the package, Monday through Saturday.
B.
Fee. The annual fee for each full liquor license shall be
four hundred fifty dollars ($450.00).
C.
Notwithstanding
any other provisions of this Article, a full liquor license may also
be issued to the following types of establishments, to wit: restaurant
bar, microbrewery, amusement place, place of entertainment, common
eating and drinking area or caterer.
D.
A restaurant bar which has had a full liquor license for a premises in the City prior to June 1, 2011, which has failed to meet the food sales requirements specified in the definition of restaurant bar as set out in Section 600.010 above for the twelve (12) month period preceding expiration of its current license may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the twelve (12) month period ending at the end of the temporary license period, or if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars ($200,000.00) for the twelve (12) month period ending at the end of the temporary license period. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment. Full renewal of the license shall require the licensee to demonstrate with reasonable satisfaction that the licensed restaurant bar has achieved compliance with the requirements for a restaurant bar under Section 600.010 above and all other requirements of this Chapter.
[Ord. No. 4147-11 §1, 5-18-2011]
[Ord. No. 4932-22, 12-21-2022]
A.
Notwithstanding
any provision of law to the contrary, any person who is licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption
may sell retailer-packaged alcoholic beverages to customers in containers,
filled on such premises by any employee of the retailer who is twenty-one
(21) years of age or older, for off-premises consumption if all the
following requirements are met:
1.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A sealable container does not include a
container with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(28) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
6.
The container is either:
B.
Containers that are filled under Subsection (A) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
[Ord. No. 4147-11 §1, 5-18-2011]
A.
A Sunday liquor license or beer and wine license is available to restaurant bars or amusement places, as defined in Section 600.010, which have full liquor licenses or beer and wine licenses. Any person or organization possessing a full liquor license or a beer and wine liquor license and meets the requirements of and complies with the provisions of this Chapter may apply to the City Clerk for a corresponding Sunday liquor license or beer and wine license.
B.
Fee. If the Council approves the application, such licensee
may be issued a Sunday liquor license or beer and wine license at
an additional annual fee of three hundred dollars ($300.00) to sell
intoxicating liquor as described in this Chapter. Except for hours
of operation all laws and regulations regarding the sale of intoxicating
liquor during the weekdays shall apply to Sunday sales.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
No
person, corporation, employee, officer, agent, subsidiary or affiliate
thereof shall:
1.
Have more than three (3) licenses; or
2.
Be directly or indirectly interested in any business of any other
person, corporation or employee, officer, agent, subsidiary or affiliate
thereof who sells intoxicating liquor at retail by the drink for consumption
on the premises described in any license; or
3.
Sell intoxicating liquor at retail by the drink for consumption at
the place of sale at more than three (3) places in this State.
B.
Notwithstanding any other provision of this Chapter to the contrary, for the purpose of determining whether a person, corporation, employee, officer, agent, subsidiary or affiliate thereof has a disqualifying interest in more than three (3) licenses pursuant to Subsection (A) of this Section, there shall not be counted any license to sell intoxicating liquor at retail by the drink for consumption on the following premises:
1.
Restaurants where at least fifty percent (50%) of the gross income
of which is derived from the sale of prepared meals or food consumed
on the premises where sold; or
2.
Establishments which have an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on the premises where sold; or
3.
Facilities designed for the performance of live entertainment and
where the receipts for admission to such performances exceed one hundred
thousand dollars ($100,000.00) per calendar year; or
4.
Any establishment having at least forty (40) rooms for the overnight
accommodation of transient guests.
[Ord. No. 4147-11 §1, 5-18-2011]
A.
All
premises licensed under this Article shall have kitchen and restaurant
facilities. Such facilities shall include an operating commercial
stove, oven or grill, a refrigerator, a dishwasher or a three (3)
tub sink. Such facilities shall be operated for preparation of meals
or food for consumption on the premises at all hours during which
the establishment is open.
B.
Menus
with prices shall be published or posted. All items on menus must
be available for customers to purchase.
D.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license from another City or County in the
State of Missouri need not obtain a separate liquor license from the
City of Hazelwood.
