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]
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]
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 or a 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. 
Petition Forms—Signatures Required—Alternative.
1. 
The City Clerk shall provide the applicant with petition forms for obtaining the signatures of at least one (1) owner of a minimum of fifty-one percent (51%) of the parcels of property located within a distance of six hundred (600) feet of the property line of the premises in all directions. The signature by one (1) person owning an interest in real estate will be sufficient for the purposes herein, i.e., for property owned jointly the signature of only one (1) title holder is required for that parcel. This petition must be notarized and returned to the City Clerk's office prior to setting a date for the Council hearing on the liquor license.
2. 
The City itself is exempt from the requirement to obtain signatures from property owners but is to notify by letter the owner of each property within six hundred (600) feet of the facility for which the City is seeking a full liquor license or beer and wine license.
3. 
As an alternative to the petition required hereby, an applicant who seeks licensure for a premises located in or within five hundred (500) feet of the lot line of property containing a retail shopping mall in excess of one million (1,000,000) square feet may elect to submit an application without a supporting petition. If an application is submitted without a supporting petition, however, an affirmative vote of at least six (6) members of the City Council shall be required to approve such application.
D. 
In the event that common grounds of condominium property are located within a distance of six hundred (600) feet of the premises, then the petition herein may be executed by a majority of the Board of Managers, as owner, for purposes herein, of the common grounds, counting as one (1) property owner.
E. 
When the Council has granted an expansion of a special land use permit for an establishment licensed under this Chapter, it shall not be necessary to have the applicant again file the petition addressed in Subsection (C). The Council shall consider the application for the liquor license for the expanded premises.
F. 
The City Clerk shall submit the application and all pertinent information, together with the notarized petition, if any, to the Council at its next regular meeting. The Council shall examine the application to verify the accuracy and sufficiency of the facts stated in the application, shall verify the accuracy and sufficiency of the supporting petition, if any, 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]
A. 
A beer and wine license is one which permits the sale of beer and wine by the drink and by the package, Monday through Saturday.
B. 
Fee. The annual fee for each beer and wine license shall be seventy-five dollars ($75.00).
[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.
C. 
All not-for-profit organizations having permanent facilities within the City are hereby exempt from the provisions of Subsections (A) and (B) above.
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.