When used in this Chapter, the following words shall have the
following meanings:
- AMUSEMENT PLACE
- 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 has a dance floor of at least twenty-five hundred (2,500) square feet 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 is in non-alcoholic sales.
- 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, except for non-intoxicating beer as defined herein. 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
- An 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.
- 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.
- NON-INTOXICATING BEER
- Any beer manufactured from pure hops or pure extract of hops, and pure barley malt, or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.
- 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 or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "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 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.
The 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.
A.
No person
shall sell or offer for sale intoxicating liquor or non-intoxicating
beer in the City of Ste. Genevieve 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.
B.
General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor or non-intoxicating beer:
1.
Package liquor — malt liquor only: Sales of malt liquor
at retail in the original package not for consumption on the premises
where sold. This license may include Sunday sales from 9:00 A.M. to
Midnight.
2.
Package liquor — non-intoxicating beer: Sales of non-intoxicating
beer at retail in the original package not for consumption on the
premises where sold.
5.
Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section 600.010 of this Chapter and set out in Subsection (6) hereof. This license may include Sunday sales from 9:00 A.M. to Midnight.
6.
Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.
7.
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)(3) of this Section.
8.
Manufacturing and brewing of malt liquor: Manufacturing
and brewing of malt liquor containing not in excess of five percent
(5%) of alcohol by weight and the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of malt liquors containing
not in excess of five percent (5%) of alcohol by weight, to, by or
through a duly licensed wholesaler within this State.
9.
Manufacture and sale of non-intoxicating beer: Manufacture,
and the sale by the manufacturer, of non-intoxicating beer brewed
or manufactured in this State.
10.
Manufacture of intoxicating liquor not in excess of twenty-two percent
(22%) alcohol by weight: Manufacturing of intoxicating liquor
containing not in excess of twenty-two percent (22%) of alcohol by
weight and the privilege of selling to duly licensed wholesalers and
soliciting orders for the sale of intoxicating liquor containing not
in excess of twenty-two percent (22%) of alcohol by weight, to, by
or through a duly licensed wholesaler within this State.
11.
Manufacturing, distilling or blending of intoxicating liquor: Manufacturing, distilling or blending intoxicating liquor of all
kinds within this State and the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of intoxicating liquor
of all kinds, to, by or through a duly licensed wholesaler within
this State.
12.
Sale of malt liquor by wholesaler to duly licensed retailer: Selling malt liquor by a wholesaler to a person duly licensed to
sell such malt liquor at retail and the privilege of selling to duly
licensed wholesalers and soliciting orders for the sale of malt liquor
to, by or through a duly licensed wholesaler within this State.
13.
Sale of intoxicating liquor by wholesaler to duly licensed retailer: Selling to duly licensed wholesalers and soliciting orders for the
sale of intoxicating liquor of all kinds, to, by or through a duly
licensed wholesaler within this State.
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 or non-intoxicating beer 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.
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.
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.
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The
City Clerk may issue a permit for the sale of intoxicating liquor
and non-intoxicating beer 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 and non-intoxicating beer on that day beginning
at 11:00 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 person
having a license issued pursuant to this Chapter, nor any employee
of such person shall sell, give away or permit the consumption of,
any intoxicating liquor or non-intoxicating beer 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, upon or about
his/her premises, except as otherwise authorized and licensed for
Sunday sales. Any person licensed to sell intoxicating liquor or non-intoxicating
beer 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 Board. 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.
A.
No license
shall be granted for the sale of intoxicating liquor, as defined in
this Chapter, within one hundred (100) 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 Aldermen, 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. Such 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.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[CC 1985 §3-34; Comp. Ords. §§8.021, 8.022,
8.024(8), 8.025(1); Ord. No. 3537 §1, 8-9-2007; Ord. No. 3669 §1, 6-10-2010]
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: $75.00.
b.
Non-intoxicating
beer — original package: $22.50.
c.
Intoxicating
liquor (all kinds) — original package: $100.00.
d.
Malt
liquor — by drink: $75.00.
e.
Malt
liquor and light wines — by drink: $75.00.
f.
Non-intoxicating
beer — by drink: $37.50.
g.
Intoxicating
liquor (all kinds) — by drink: $250.00.
h.
For
the consumption of intoxicating liquor on the premises in what are
commonly known as "setup" places: $90.00.
4.
Additional fees.
a.
For
the manufacturing and brewing of malt liquor: $375.00.
b.
For
the manufacturing and brewing of non-intoxicating beer: $375.00.
c.
For
the manufacturing of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight: $300.00.
d.
For
the manufacturing, distilling or blending of intoxicating liquor of
all kinds: $675.00.
e.
For
the sale of malt liquor by a wholesaler to a person duly licensed
to sell such malt liquor at retail: $150.00.
f.
For
the sale of intoxicating liquor of all kinds by a wholesaler to a
person duly licensed to sell such intoxicating liquor at retail: $375.00.
B.
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).
C.
The provisions
of this Section shall not apply to churches, church organizations
and other organizations who sell intoxicating liquor, non-intoxicating
beer or setups only to bona-fide dues paying members.
A.
The City
may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.040(A)(3)(c) above, or fraction thereof, for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages, in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D.
To assure
and control product quality, wholesalers may, but shall not be required
to, give a retailer credit for intoxicating liquor with an alcohol
content of less than five percent (5%) by weight or non-intoxicating
beer delivered and invoiced under the catering permit number, but
not used, if the wholesaler removes the product within seventy-two
(72) hours of the expiration of the catering permit issued pursuant
to this Section.
A.
It shall
be unlawful for any person operating any premises where food, beverages
or entertainment are sold or provided for compensation, who does not
possess a license for the sale of intoxicating liquor or non-intoxicating
beer, to permit the drinking or consumption of intoxicating liquor
or non-intoxicating beer in the premises, without having a license
as in this Section provided.
B.
Application for such license shall be made to the Supervisor of Alcohol and Tobacco Control on forms to be prescribed by him/her, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in Section 600.040(A)(1)(h).
C.
Any person
licensed under this Section shall be required to comply with all of
the provisions of this Chapter.
D.
Nothing
in this Section shall be construed to prohibit the sale or delivery
of any intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer
at retail.
E.
No intoxicating
liquor or non-intoxicating beer may be served or sold on any premises
used as a polling place on election day.
[CC 1985 §3-15; Ord. No. 3092 §1, 6-22-2000; Ord. No. 3371 §1, 7-27-2004; Ord. No. 3746 §1, 7-28-2011]
A.
The Board
of Aldermen hereby approves the following revised rules for each annual
Jour de Fete during the second (2nd) full weekend in August:
1.
Sale
of alcoholic beverages by temporary liquor permittees shall be allowed
during the hours from 10:00 A.M. to 10:00 P.M. on Saturday and during
the hours of 11:00 A.M. to 6:00 P.M. on Sunday. No sale of alcohol
shall be allowed on Friday.
2.
Alcoholic
beverages permitted to be sold by temporary liquor permittees shall
include beer, wine coolers and premixed alcohol drinks with a maximum
percentage of alcohol allowed not to exceed nine and nine-tenths percent
(9.9%) by volume. No other alcoholic beverages shall be allowed.
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 Board of Aldermen also may request such additional
information of an applicant as it may deem necessary for it to make
a determination with respect to the issuance of a liquor license.
C.
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.
D.
Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. Such renewal application shall be
reviewed by the Board at its next meeting. Upon approval of the majority
of the Board and payment of the license fee provided herein, the Clerk
shall renew the license. In the event that any person residing or
conducting businesses within two hundred (200) feet of the applicant's
place of business shall file a written protest against the renewal
of such license, the Board shall conduct a hearing on the application
for license renewal as provided in this Subsection.
[Ord. No. 3538 §1, 8-9-2007]
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 or non-intoxicating beer.
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 or non-intoxicating
beer. Delivery of intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer 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 or non-intoxicating
beer.
B.
Sales To Minor — Exceptions.
1.
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.
2.
Any
owner, occupant or other person or legal entity with a lawful right
to the exclusive use and enjoyment of any property who knowingly allows
a person under the age of twenty-one (21) to drink or possess intoxicating
liquor or knowingly fails to stop a person under the age of twenty-one
(21) from drinking or possessing intoxicating liquor on such property,
unless such person allowing the person under the age of twenty-one
(21) to drink or possess intoxicating liquor is his/her parent or
guardian, is guilty of an ordinance violation.
3.
It shall
be a defense to prosecution under this Subsection if:
a.
The
defendant is a licensed retailer, club, drinking establishment or
caterer or holds a temporary permit or an employee thereof;
b.
The
defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c.
To
purchase the intoxicating liquor, the person exhibited to the defendant
a driver's license, Missouri non-driver's identification card or other
official or apparently official document containing a photograph of
the minor and purporting to establish that such minor was twenty-one
(21) years of age and of the legal age for consumption of intoxicating
liquor.
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, Non-Intoxicating Beer.
1.
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 or non-intoxicating beer 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 (.02%) or more by weight of alcohol in such person's blood is in violation of this Section.
2.
The
provisions of this Subsection shall not apply to a student who:
a.
Is
eighteen (18) years of age or older;
b.
Is
enrolled in an accredited college or university and is a student in
a culinary course;
c.
Is
required to taste, but not consume or imbibe, any beer, ale, porter,
wine or other similar malt or fermented beverage as part of the required
curriculum; and
d.
Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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E.
For purposes
of prosecution under this Section, a manufacturer-sealed container
describing that there is intoxicating liquor or non-intoxicating beer
therein need not be opened or the contents therein tested to verify
that there is intoxicating liquor or non-intoxicating beer in such
container. The alleged violator may allege that there was no intoxicating
liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains intoxicating
liquor or non-intoxicating beer.
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.
Any retailer
licensed pursuant to this Chapter shall not:
1.
Sell
intoxicating liquor or non-intoxicating beer with an alcohol content
of less than five percent (5%) by weight to the consumer in an original
carton received from the wholesaler that has been mutilated, torn
apart or cut apart; or
2.
Repackage
intoxicating liquor or non-intoxicating beer with an alcohol content
of less than five percent (5%) by weight in a manner misleading to
the consumer or that results in required labeling being omitted or
obscured.
C.
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.
D.
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.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
1.
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.
2.
Any
retailer licensed pursuant to this Chapter shall not:
a.
Sell
intoxicating liquor or non-intoxicating beer with an alcohol content
of less than five percent (5%) by weight to the consumer in an original
carton received from the wholesaler that has been mutilated, torn
apart or cut apart; or
b.
Repackage
intoxicating liquor or non-intoxicating beer with an alcohol content
of less than five percent (5%) by weight in a manner misleading to
the consumer or that results in required labeling being omitted or
obscured.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor Or Non-Intoxicating Beer. It shall be unlawful for
any licensee, or his/her employee or agent, to sell or supply intoxicating
liquor or non-intoxicating beer, or permit such to be sold or supplied,
to a habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited. Notwithstanding any
other provision of this Chapter to the contrary:
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 or non-intoxicating
beer 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 or non-intoxicating beer 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 or non-intoxicating beer 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.
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board 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 600.110 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 Alcohol and
Tobacco 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 Board.
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 Board shall sell or give away any intoxicating
liquor or non-intoxicating beer 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 Board's order of suspension in a conspicuous place on the premises
so that all persons visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the Board shall
be in the nature of informal investigations. 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 proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued by
the Board 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 Board 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 600.100 of this Chapter, the Board shall issue a written order which shall include specific findings of fact 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.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within ten (10)
days of the date of the Board's decision. The Board may delay the
implementation of its order pending appeal.
A.
Any person
who is licensed to sell or serve alcoholic beverages at any establishment
shall place on the premises of such establishment a warning sign as
described in this Section. Such sign shall be at least eleven (11)
inches by fourteen (14) inches and shall read "WARNING: Drinking alcoholic
beverages during pregnancy may cause birth defects". The licensee
shall display such sign in a conspicuous place on the licensed premises.
B.
Any employee
of the Supervisor of Alcohol and Tobacco Control may report a violation
of this Section to the Supervisor, and the Supervisor shall issue
a warning to the licensee of the violation.