[Ord. No. 03-62 §1, 9-8-2003; Ord. No. 09-40 §1, 11-23-2009]
When used in this Chapter, the following words shall have the
following meanings:
- CLOSED PLACE
- A place where all doors are locked and where no patrons are in the place or about the premises.
- INTOXICATING LIQUOR
- Alcohol for beverage purposes, including 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.
- LIGHT WINES
- Intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
- LIQUOR MANUFACTURER
- A business engaged in the production of intoxicating liquor
as defined in this Chapter.[Ord. No. 16-06 §1, 3-14-2016]
- MALT LIQUOR
- An intoxicating 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, manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water.
- MICROBREWERY
- A business whose activity is the brewing and selling of beer,
with an annual production of 10,000 barrels or less.[Ord. No. 16-06 §1, 3-14-2016]
- ORIGINAL PACKAGE
- Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor, where the package and/or container(s) describes the contents thereof as intoxicating liquor. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.
- PERSON
- An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court.
- RESORT
- Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
- RESTAURANT BAR
- Any establishment having at least forty (40) rooms for overnight accommodations of transient guests or 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.
- SALE BY THE DRINK
- 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 and when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served.
- WINE
- A vinous liquor produced by fermentation of juices of grapes,
berries or 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. 16-06 §1, 3-14-2016]
- WINE OR BRANDY MANUFACTURER
- A business whose activity is the production of wine or brandy.[Ord. No. 16-06 §1, 3-14-2016]
[Ord. No. 03-63 §§1 —
2, 9-8-2003; Ord. No.
09-40 §1, 11-23-2009]
A.
No
person shall manufacture, brew, sell or offer for sale intoxicating
liquor in the City of Republic without a currently valid liquor license
issued by the City. A separate liquor license shall be required for
each of the categories and subcategories of liquor sales in which
the licensee desires to engage as set forth herein. No license shall
be required if the manufacture is for personal use as allowed by Section
311.055, RSMo.
B.
General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell or manufacture intoxicating liquor:
[Ord. No. 16-06 §1, 3-14-2016]
1.
Package liquor — malt liquor only: Sales of
malt liquor at retail in the original package not for consumption
on the premises where sold.
2.
Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
3.
Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
4.
Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.
5.
Common eating and drinking areas: Sales of intoxicating
liquor of all kinds by the drink at retail not for consumption on
the premises where sold but for consumption in a common eating or
drinking area.
6.
Liquor by the drink — resort: Sales of liquor
of all kinds by the drink at retail for consumption on the premises
of any resort or qualified restaurant.
7.
Wine or brandy manufacturer: A producer of
wine or brandy through a manufacturing process.
8.
Microbrewery license: A producer of beer, with
an annual production of 10,000 barrels or less.
9.
Liquor manufacturer: A producer of intoxicating
liquor not otherwise licensed under this Chapter.
C.
Sunday Sales. Any person who is licensed under the provisions
of this Chapter or who otherwise possesses the qualifications and
meets the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor on Sundays between the hours
of 9:00 A.M. and Midnight:
1.
Package liquor — all kinds: Sales of liquor
of all kinds in the original package at retail, not for consumption
on the premises where sold.
2.
Liquor by the drink — restaurant bar: Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any restaurant bar.
3.
Liquor by the drink — amusement place: Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any amusement place.
4.
Liquor by the drink — place of entertainment: Sales of liquor of all kinds by the drink at retail for consumption
on the premises of any place of entertainment.
5.
Liquor by the drink — common eating and drinking area: Sales of liquor of all kinds by the drink at retail not for consumption
on the premises where sold but for consumption in a common eating
or drinking area.
D.
Permits.
1.
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
[Ord. No. 03-64 §§1 —
4, 9-8-2003; Ord. No.
09-40 §1, 11-23-2009]
A.
Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor in the original package, not to be
consumed upon the premises where sold, except to a person engaged
in, and to be used in connection with, the operation of one (1) or
more of the following businesses: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a confectionery
or delicatessen store, nor to any such person who does not have and
keep in his/her store a stock of goods having a value according to
invoices of at least one thousand dollars ($1,000.00), exclusive of
fixtures and intoxicating liquors. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B.
Newly-Opened Restaurant Bars Or Amusement Places.
1.
Any new restaurant bar having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and Midnight on Sunday 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 year or 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). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
2.
Any new amusement place having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the amusement place can show a projection of 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
are in non-alcoholic sales for the first (1st) year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
3.
Any new resort/restaurant having been in operation for less than ninety (90) days may be issued a temporary license, for a period not to exceed ninety (90) days, to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 6:00 A.M. and 1:30 A.M. on weekdays and between the hours of 6:00 A.M. on Saturdays until 1:30 A.M. on Sundays. No intoxicating liquor may be sold on Sundays except in accordance with the provisions of Section 600.020(C) of this Code of Ordinances and except in accordance with the provisions of Subsection (B)(1) hereof. No such temporary license shall be issued except for an establishment having at least thirty (30) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises, at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food; or which is a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant can show a projection of annual gross a receipts of not less than seventy-five thousand dollars ($75,000.00) per year, with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales; or which is a seasonal resort restaurant as defined and with food sales as established in Subsection (2) of Section 311.095, RSMo.
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The City Clerk may issue a permit for the sale of intoxicating liquor
for consumption on premises where sold to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for sale at a picnic, bazaar, fair or similar gathering. The permit
shall be issued only for the day or days named therein and it shall
not authorize the sale of intoxicating liquor for more than seven
(7) days by any such club or organization.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 9:00 A.M.
3.
At the same time that an applicant applies for a permit under the
provisions of this Subsection, the applicant shall notify the Director
of Revenue of the holding of the event by certified mail and by such
notification shall accept responsibility for the collection and payment
of any applicable sales tax.
4.
No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler or distributor from providing customary
storage, cooling or dispensing equipment for use by the permit holder
at such picnic, bazaar, fair or similar gathering.
D.
Operating Hours, Days.
1.
No licensee or any employee of such licensee shall sell, give away
or otherwise dispose of, or allow the same to be done, on or about
the 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. on Sunday and 6:00 A.M. on Monday, except as otherwise
authorized and licensed for Sunday sales. Any person licensed to sell
intoxicating liquor by the drink shall keep a closed place during
the aforementioned prohibited times.
2.
When January first (1st), March seventeenth (17th), July fourth (4th)
or December thirty-first (31st) falls on Sunday and on the Sundays
prior to Memorial Day and Labor Day and on the Sunday on which the
national championship game of the National Football League is played,
commonly known as "Super Bowl 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 to the contrary.
E.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
No license issued under this Chapter shall be transferable or assignable
except as herein 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 Clerk 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 withdraws from the partnership, the Clerk,
upon being requested, 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.
4.
In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Council. Any change of
location of the enterprise prior to issuance of such an amended license
shall constitute a violation of this Section.
F.
Druggists May Sell And Physicians Prescribe Liquor. Any
druggist may have in his/her possession intoxicating liquor purchased
by him/her from a licensed vendor under a license pursuant to State
law, or intoxicating liquor lawfully acquired at the place of acquisition
and legally transported into this State, and lawfully inspected, gauged
and labeled as provided by State law; such intoxicating liquor to
be used in connection with the business of a druggist in compounding
medicines or as a solvent or preservant; provided, that nothing in
this Chapter shall prevent a regularly licensed druggist, after he/she
procures a license therefor, from selling intoxicating liquor in the
original package, but not to be drunk or the packages opened on the
premises where sold; and provided further, that nothing in this Chapter
shall be construed as limiting the right of a physician to prescribe
intoxicating liquor in accordance with his/her professional judgment
for any patient at any time, or prevent a druggist from selling intoxicating
liquor to a person on prescription from a regularly licensed physician
as above provided.
G.
Certain Persons May Not Be Supplied Intoxicating Liquors.
1.
No licensee or his employee shall sell or supply intoxicating liquor,
or permit the same to be sold or supplied, to a habitual drunkard
or to any person who is under or apparently under the influence of
intoxicating liquor. 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 said age for medicinal purposes only or to the administering
of such intoxicating liquor to any person by a duly licensed physician.
No person under the age of twenty-one (21) years shall sell, or assist
in the sale or dispensing of intoxicating liquor except as may be
authorized under Section 311.300, RSMo.
2.
These provisions shall not apply to premises where substantial quantity
of foods are served, premises used primarily as a bowling alley or
premises with licenses prescribed in Section 311.480, RSMo. For the
purpose of this paragraph, "substantial quantities of food" shall mean the amount of prepared meals and food wherefrom at least
fifty percent (50%) of the gross income of any establishment has been
derived during the three (3) most recent months preceding. Persons
under the age of twenty-one (21) are restricted from entering premises
selling intoxicating liquors, etc., except that a person age sixteen
(16) through twenty (20) years may be on said premises if accompanied
by a legal guardian, parent or spouse over the age of twenty-one (21)
years. It shall be unlawful for any licensee holding a sales-by-drink
license for intoxicating liquor or beer, or his employee, agent or
servant, to either directly or indirectly suffer or allow a person
under the age of twenty-one (21) years to enter the premises of said
licensee, except that a person age sixteen (16) through twenty (20)
years may be on said premises if accompanied by a legal guardian,
parent or spouse over the age of twenty-one (21) years.
H.
Prohibiting The Use Of Alcoholic Beverages And Drugs By Any Minor
At Open House Parties.
1.
No person who is the owner in possession, a tenant or subtenant,
or has temporary charge of any residence or premises shall allow an
open house party to take place at the residence or premises if any
alcoholic beverage or drug is possessed or consumed at the residence
or premises by any minor where the person knew or reasonably should
have known that any alcoholic beverage or drug was in the possession
of or being consumed by a minor at the residence or premises and where
the person failed to take reasonable steps to prevent the possession
or consumption of the alcoholic beverage or drug at the residence
or premises.
The provisions of this Section shall not apply to:
2.
The following definitions shall be used for the provisions of this
Section:
- ADULT
- Person seventeen (17) years of age or older.
- ALCOHOLIC BEVERAGE
- Any alcoholic liquor as defined now and hereafter by the Revised Statutes of Missouri (RSMo). Currently, "alcoholic liquor" is defined by Section 311.020, RSMo.
- CONTROL
- Any form of authority, regulation, responsibility or dominion, including a possessory right.
- DRUG
- A controlled substance as defined and described now or hereafter by the Revised States of Missouri. Currently "controlled substances" are defined and described by Sections 195.005 — 195.425, RSMo.
- MINOR
- A person not legally permitted by reason of age to possess, consume or purchase alcoholic liquor as described now or hereafter by the Revised Statutes of Missouri.
- OPEN HOUSE PARTY
- A social gathering at a residence or premises of persons in addition to the owner or those with rights of possession or their immediate family members at which one (1) or more minors are present.
- RESIDENCE OR PREMISES
- A motel room, hotel room, home, apartment, condominium or other dwelling unit, including the curtilage of a dwelling unit, or a hall, meeting room or other place of assembly, whether occupied as a dwelling or specifically for social functions and whether owned, leased, rented or used with or without compensation.
[Ord. No. 09-40 §1, 11-23-2009]
A.
The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1.
General licenses.
a.
Malt liquor — original package: $22.50.
b.
Intoxicating liquor (all kinds)—original package: $150.00.
c.
Malt liquor and light wines — by drink: $52.50.
d.
Intoxicating liquor (all kinds)—by drink: $450.00.
e.
Common eating and drinking places: $300.00.
f.
Wine and brandy manufacturer: three hundred dollars ($300.00).
[Ord. No. 16-06 §1, 3-14-2016]
g.
Microbrewery: three hundred dollars ($300.00).
[Ord. No. 16-06 §1, 3-14-2016]
h.
Liquor manufacturer not otherwise licensed under this Chapter:
three hundred dollars ($300.00).
[Ord. No. 16-06 §1, 3-14-2016]
|
NOTE: Not to exceed Statutory fee limits per Sections 311.180,
311.190 and 311.195, RSMo.
[Ord. No. 16-06 §1, 3-14-2016] |
3.
Permits.
a.
Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
b.
Tasting permit: $37.50.
|
|
Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July first (1st).
|
[Ord. No. 03-07 §§1 —
3, 1-27-2003; Ord. No.
09-40 §1, 11-23-2009; Ord. No. 17-33 § 1, 9-19-2017]
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the City Clerk on a form to
be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
B.
Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business, and if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The City Clerk may request such additional information
as the Clerk may deem necessary or appropriate in determining whether
or not an application should be granted or denied.
C.
Review Of Application. Upon the submission of an application
to the City, the City Clerk shall review the application and all documents
filed therewith and approve or deny the application in accordance
with the following:
1.
No license shall be granted for the sale of intoxicating liquor within
three hundred (300) feet of any school, church or other building regularly
used as a place of religious worship, unless the applicant for the
license shall first obtain the consent, in writing, of the Board of
Directors of the school or hospital, or the consent, in writing, of
the majority of the Managing Board of the church or place of worship,
except that when a 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, the license shall not be denied
for lack of consent in writing as herein provided. The three hundred
(300) feet distance provided for in this Section shall be measured
from the center threshold of the main public entrances of such premises
by the most direct walking route. No license shall be denied under
this Section if a valid license to sell intoxicating beverages had
been issued for the same location or address within one (1) year immediately
preceding the application for a new license to be issued for the same
location.
2.
The City Clerk shall not approve the issuance of a license if in
the opinion of the Clerk extraordinary or unusual circumstances exist
which would result in detrimental harm to the surrounding community.
In such a circumstance, the matter shall be referred to the City Council
for its determination.
3.
The City Clerk shall approve the application and issue a license
if after said application is reviewed it is found that:
a.
The applicant is a person of good moral character, a native born
or naturalized citizen of the United States of America, a registered
voter and a taxpaying citizen of the City;
b.
No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
c.
The applicant has not been convicted since the ratification of the
Twenty-First Amendment to the Constitution of the United States of
the violation of any law applicable to the sale of intoxicating liquor,
or that such applicant has not employed in his/her business any person
whose license has been revoked or who has been convicted of violating
the provisions of such law since the date aforesaid;
d.
The applicant plans and proposes to conduct a retail liquor business
in compliance with the laws of the State of Missouri, the ordinances
of the City and the provisions of this Chapter;
e.
The provisions of Subdivisions (1) or (2) of this Subsection do not
apply.
D.
Upon
approval of any application for a license the Clerk shall grant the
applicant a license to conduct business in the City for a term to
expire with the thirtieth (30th) day of June next succeeding the date
of such license, unless such license be revoked or suspended for cause
before the expiration of such time.
E.
Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. The City Clerk shall review such
renewal applications in accordance with the provisions of this Chapter
and all other ordinances of the City which may affect any such renewal
application. Upon being satisfied that the renewal application is
proper and in order and upon payment of the appropriate license fee,
the Clerk shall renew the license.
[Ord. No. 06-19 §1, 3-13-2006; Ord. No. 09-40 §1, 11-23-2009]
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
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.
3.
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.
B.
Sales To Minor — Exceptions. No licensee, his/her
employee, or any other person, shall procure for, sell, vend, give
away or otherwise supply any intoxicating liquor in any quantity whatsoever
to any person under the age of twenty-one (21) years, except that
this Section shall not apply to the parent or guardian of the minor
nor to the supplying of intoxicating liquor to a person under the
age of twenty-one (21) years for medical purposes only, or to the
administering of such intoxicating liquor to such person by a duly
licensed physician. No person shall be denied a license or renewal
of a license issued under this Chapter solely due to a conviction
for unlawful sale or supply to a minor while serving in the capacity
as an employee of a licensed establishment.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor. 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 Section 600.010, or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section. For purposes of prosecution under this Section, 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 no 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.
[1]
Cross Reference — As to minors at open parties, alcoholic
beverages prohibited, §215.775.
[Ord. No. 09-40 §1, 11-23-2009]
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage, any drug or form of methyl alcohol or impure
form of alcohol.
C.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
D.
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee licensed for the sale of
intoxicating liquor at retail by the drink for consumption on the
premises to keep in or upon the premises described in such license
any intoxicating liquor other than the kind of liquor expressly authorized
to be sold by such licensee or any kind of liquor used exclusively
as an ingredient in any foods being prepared and sold on the premises.
E.
Off-Premises Consumption.
1.
No licensee shall sell intoxicating liquor at retail in the original
package, not to be consumed on the premises where sold, in any original
package containing less than fifty (50) milliliters.
2.
No licensee shall permit any person to remove from the licensed premises
any intoxicating liquor in any unsealed glass, bottle, can or other
open container of any type.
3.
All licensees shall post a notice at each exit of the premises which
is used by customers or patrons that "NO ALCOHOLIC BEVERAGES MAY BE
CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING".
F.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or on
any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
G.
Live Entertainment On Premises Prohibited. No person licensed
for the sale of intoxicating liquor by the drink for consumption on
the premises shall permit or allow any live entertainment on the premises.
The playing and singing of music solely shall not be considered entertainment
under this Section.
H.
Window Displays. Licensees shall not place or permit the
placing of any object on or within the windows of premises covered
by licenses which shall impede or obstruct vision from the exterior
into the interior. This prohibition shall include illuminated signs,
floral decorations, posters, placards, paintings or writings and all
other similar devices or designs. In case venetian blinds are used
in windows, slats shall be removed entirely across the blind so as
to make a visible space beginning at four (4) feet from the sidewalk,
and extending six (6) feet above the sidewalk, if the venetian blinds
are kept closed. If the venetian blinds are kept open, it shall not
be necessary to remove slats provided the slats at all times shall
be adjusted horizontally so that the flat surfaces of the seats are
parallel with the floor of the licensed premises. If curtains are
used, they must be drawn apart so as to permit a clear view into the
interior of the premises.
I.
Notice To Police By Retail Licensee Of Certain Conditions. Each retail licensee under this Chapter or an employee of the licensee
shall notify the Police Department of all conditions which would make
the licensed premises not be an orderly place or house that they are
unable to immediately cause to cease, and shall also notify immediately
the Police Department of the occurrence of any assault or any other
act of violence upon their premises.
[Ord. No. 09-40 §1, 11-23-2009; Ord. No. 10-48 §1, 11-8-2010]
A.
Suspension Or Revocation Of License — When — Manner. The Hearing Officer may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Hearing Officer not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapters
311 or 312, RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Liquor Control;
3.
Making a false affidavit in an application for a license under this
Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
the license;
6.
Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving, or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years,
b.
Any person during unauthorized hours on the licensed premises,
c.
A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any person on the licensed premises during a term of suspension as
ordered by the Council.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311 or Chapter 312, RSMo., or of any felony violation of Chapter 195,
RSMo., in the course of business. A license shall be suspended automatically
if the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have
been suspended by order of the Hearing Officer shall sell or give
away any intoxicating liquor during the time such suspension is in
effect. Any licensee desiring to keep premises open for the sale of
food or merchandise during the period of suspension shall display
the Hearing Officer's order of suspension in a conspicuous place on
the premises so that all persons visiting the premises may readily
see the same.
[Ord. No. 09-40 §1, 11-23-2009; Ord. No. 10-48 §1, 11-8-2010]
A.
Testimony — Evidence. Hearings before the Hearing
Officer shall be in the nature of a contested case. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the establishment shall have the right to produce witnesses and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Hearing Officer for any person whose testimony is desired at
any hearing. Such subpoenas may be served and returns thereon made
by any agent and in the same manner as provided by law for the service
of subpoenas in civil suits in the Circuit Courts of this State. The
Hearing Officer also may issue subpoenas duces tecum requiring the
production of documents or other items pertaining to the subject of
the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Hearing Officer shall issue a written order which shall include specific findings of fact and conclusions of law setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
[CC 1999 §3-47; Ord. No. 09-40 §1, 11-23-2009]
A.
A person
or entity holding a license granted by the City for the sale of liquor
in the original package not to be opened or consumed on the premises
may provide a sampling or tasting of wine, malt beverages and distilled
spirits to customers upon issuance of a permit by the Supervisor of
Liquor Control and obtaining a City permit for sampling subject to
the following:
1.
Such sampling or tasting shall be limited to a serving of one (1)
ounce samples and not more than a total of two (2) ounces to any one
(1) person from any one (1) bottle of product. No person shall be
allowed combined samples in excess of that allowed under the Division
of Alcohol and Tobacco Control Tasting Guidelines for food demonstrations
at any given sampling session whether or not a food demonstration
is occurring.
2.
Consumption of the sample must take place within the licensed premise
where the sample is served.
3.
No sampling or tasting shall be permitted for any customer under
the age of twenty-one (21) years.
4.
Alcoholic beverage samples shall not be consumed during hours or
days when the licensed premise is prohibited by law from being open
to the public.
5.
Except as specifically permitted by this Section, all other requirements
of this Chapter shall remain in full force and effect.
[Ord. No. 09-40 §1, 11-23-2009]
Any person violating any of the provisions of this Chapter shall
upon conviction be punished by a fine of not more than one thousand
dollars ($1,000.00), or by imprisonment for a term not exceeding one
hundred eighty (180) days, or by both such fine and imprisonment.
