[CC 1976 §605.010; Ord. No. 703 §1, 1-28-1958; Ord. No. 1418 §1, 4-14-1981]
The following words when used in this Chapter shall have the
meanings set out below:
Any organization, whether incorporated or not, of fifty (50)
or more members, not formed for profit, where the property and equipment
of such organization, exclusive of real estate, belongs to the members
thereof, and is of the value of at least two thousand five hundred
dollars ($2,500.00), according to invoices.
Shall mean and include alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt, or other liquors, or combination
of liquors, a part of which is spirituous, vinous, or fermented, and
all preparations or mixtures for beverage purposes, containing in
excess of one-half of one percent (0.5%) by volume except for non-intoxicating
beer. All beverages having an alcoholic content of less than one-half
of one percent (0.5%) by volume shall be exempt from the provisions
of this Chapter, but subject to inspection as provided by Sections
196.365 to 196.445, RSMo.
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 in excess of three
and two-tenths percent (3.2%) by weight.
[Ord. No. 2726 §1, 7-23-2013]
Shall be construed to refer to and to mean 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.
Any individual, association, joint stock company, syndicate,
club, co-partnership, corporation, receiver, trustee, conservator
or other officer appointed by any State or Federal Court.
The portion of any building in which a licensee hereunder
has his/her place of business and any additional building or portion
thereof used in connection therewith, and the entire lot or lots,
parcel or parcels of land on which said buildings are situated, or
which are used in connection with said buildings.
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.
[CC 1976 §605.020; Ord. No. 1459 §1, 11-24-1981; Ord. No. 2726 §2,
7-23-2013]
A.
It shall be unlawful for any person to sell or expose for sale in
this City intoxicating liquor, as herein defined, in any quantity
without obtaining a license from the City and remitting corresponding
payment for said license to the City Clerk as described herein. A
separate license shall be obtained for each of the following classes
of sales of intoxicating liquors in which the licensee desires to
engage:
1.
All intoxicating liquor at retail in original package. 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: drugstore,
cigar or tobacco store, grocery store, general merchandise store,
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. The annual license
fee for each license to sell all kinds of intoxicating liquor at retail
in the original package between the hours of 12:01 A.M. on Mondays
and Midnight on Saturdays shall be two hundred dollars ($200.00);
and the annual license fee for each license to sell all kinds of intoxicating
liquor at retail in the original package on Sundays between the hours
of 9:00 A.M. and Midnight shall be two hundred dollars ($200.00).
2.
Malt liquor at retail in original package. Malt
liquor may be sold by grocers and other merchants and dealers in the
original package direct to consumers but not for resale and not for
consumption on the premises where sold [the term "original package"
means for this purpose three (3) or more standard bottles of beer],
and a license for such sale shall also permit the holder thereof to
sell non-intoxicating beer in like manner, but it shall be unlawful
for any person holding such license and not at the same time holding
a license for sale of all intoxicating liquor to have, keep, sell
or offer to sell in or on said premises any intoxicating liquor other
than malt liquor. The annual license fee for each license to sell
malt liquor at retail in the original package between the hours of
12:01 A.M. on Mondays and Midnight on Saturdays shall be one hundred
dollars ($100.00); and the annual license fee for each license to
sell malt liquor at retail in the original package on Sundays between
the hours of 9:00 A.M. and Midnight shall be the additional amount
of two hundred dollars ($200.00).
3.
Special permit for wine, malt beverage and distilled spirit
tastings. The annual license fee for a special permit to
conduct wine, malt beverage and distilled spirit tastings on premises
licensed for sale of intoxicating liquor at retail in original package
shall be twenty-five dollars ($25.00).
4.
All alcoholic beverages by the drink.
a.
The annual license fee for the sale of all kinds of alcoholic beverages,
or a selection of alcoholic beverages, at retail by the drink for
consumption on the premises of the licensee shall be for each separate
license three hundred dollars ($300.00) and for such sale on Sunday
an additional two hundred dollars ($200.00) for each separate license.
b.
A licensee under this section may use a table tap dispensing system
to allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed thirty-two (32) ounces
per patron per authorization, to be dispensed by the table tap dispensing
system. No provision of law, rule, or regulation shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish table tap dispensing or cooling equipment, or to
provide services for the maintenance, sanitation, or repair of table
tap dispensing systems.
5.
Malt liquor and wine by the drink. The annual license
fee for the sale of malt liquor or light wines or both malt liquor
and light wines at retail by the drink or consumption on the premises
of the licensee shall be for each separate license one hundred dollars
($100.00) and for such sale on Sunday by a restaurant bar an additional
two hundred dollars ($200.00) for each separate license; and said
license shall include the sale of non-intoxicating beer in such manner.
[CC 1976 §605.030; Ord. No. 703 §§3—4, 1-28-1958; Ord.
No. 2726 §3, 7-23-2013]
A.
No person shall be granted a license hereunder unless such person
is of good moral character and a qualified legal voter, nor shall
any corporation be granted a license hereunder unless the managing
officer of such corporation is of good moral character and a qualified
legal voter; and no person shall be granted a license or permit hereunder
whose license as such dealer has been revoked, or who has been convicted,
since the ratification of the Twenty-First Amendment to the Constitution
of the United States, of a violation of the provisions of any law
applicable to the manufacture or sale of intoxicating liquor, or who
employs in his/her business as such dealer any person whose license
has been revoked or who has been convicted of violating such law since
the date aforesaid, provided that nothing in this Section contained
shall prevent the issuance of licenses to non-residents of Missouri
or foreign corporations for the privilege of selling to duly licensed
wholesalers and soliciting orders for the sale of intoxicating liquors
to, by or through a duly licensed wholesaler, within this State.
B.
This Chapter shall not apply to the possession by a druggist of intoxicating
liquor purchased by him/her from a licensed vendor under the Liquor
Control Act of the State, or intoxicating liquor lawfully acquired
and transported into the State by him/her pursuant to said Act, such
liquor to be used in connection with the business of a druggist in
compounding medicines or as a solvent or preservative, nor shall this
Chapter apply to the sale of intoxicating liquors by druggists on
prescription from a regularly licensed physician.
C.
Each license shall apply to the class for which issued, and it shall
be unlawful to sell or expose for sale any intoxicating liquor except
in the manner authorized in the license held by the licensee as issued
hereunder.
D.
Statement of Annual Gross Receipts Required. Every
person for whom a license is provided herein, the amount of which
license is to be computed upon the annual gross receipts of such person,
or which license is dependent upon the type of gross receipts, shall
furnish the City with a correct statement in writing, for the previous
calendar year, showing the amount and type of such annual gross receipts.
Said statement shall be rendered, which statement shall not be made
public or used by the City except for the purpose of establishing
a correct basis for fixing and collecting the amount of the license
herein provided, and whether the type of gross receipts meet the requirements
of this Chapter. All books of account showing the amount of such annual
gross receipt shall be open to the inspection of the City officials
charged with the duty of issuing the license herein provided and collecting
the same, and the issuance of any such license may be withheld until
all the requirements have been fulfilled.
[CC 1976 §605.040; Ord. No. 703 §5, 1-28-1958]
It shall be the duty of the police of this City to see that
the provisions of this Chapter and of other ordinances of the City
in regard to the sale of intoxicating liquor are obeyed, and to report
to the Marshal or Chief of Police any place where intoxicating liquor
is sold at retail which is not kept in an orderly manner or in violation
of any of the provisions hereof, or any person selling intoxicating
liquor in this City without a license. It shall be the duty of the
Marshal or Chief of Police to report all such infractions immediately
to the Board of Aldermen.
[CC 1976 §605.050; Ord. No. 703 §6, 1-28-1958; Ord. No. 708 §1, 4-8-1958; Ord. No. 2287 §1, 6-12-2001; Ord. No. 2726 §4, 7-23-2013]
A.
Applications for a license to sell intoxicating liquor under the
provisions of this Chapter shall be completed by the applicant and
shall be on the form supplied by the City Clerk. The applicant shall
swear to the truthfulness and the accuracy of the information set
forth on the application. In addition to the application, a petition
must be signed by a majority of the resident owners of real estate
in this City within a distance of three hundred (300) feet in all
directions from the proposed location determined from the midpoint
of the main entrance or main doorway of the premises must be submitted
by the applicant.
B.
No license for the sale of all kinds of intoxicating liquors at retail
by the drink for consumption on the premises where sold shall be hereafter
transferred to a new location.
C.
Any license for the sale of all kinds of intoxicating liquors by
the drink for consumption on the premises, where heretofore or hereafter
issued, may be renewed from year to year, unless a majority of the
assessed citizens owning property or occupying or doing business on
the ground floor of buildings within three hundred (300) feet of said
applicant's place of business shall file a written protest against
the renewal or further renewal of said license.
D.
Right To Audit Or Examine Applicant's Books. The City shall have the right at all reasonable times during regular
business hours to audit or examine the books and records of the applicant
for any license, for the purpose of determining the truthfulness and
accuracy of any statements made by the applicant in his/her application
for license or in the payment of this license tax.
[CC 1976 §605.060; Ord. No. 703 §7, 1-28-1958]
Upon the filing of application for license herein, said application
shall be presented to the Board of Aldermen at its next regular or
special meeting, and, upon approval of said application by a majority
of said Board, and upon payment of the license tax herein provided
for, the City Clerk shall issue a license to applicant to conduct
business in the City until June thirtieth (30th) following its issuance.
[CC 1976 §605.070; Ord. No. 703 §8, 1-28-1958]
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.
[CC 1976 §605.080; Ord. No. 703 §9, 1-28-1958]
Except in hotels, clubs and restaurants, it shall be unlawful
for any licensee to sell intoxicating liquors in a place, building
or room where there are blinds, screens, swinging doors, curtains
or any other thing in such building or room that will obstruct or
obscure the interior of such room from public view from the street,
or in any room not located on the ground floor or level immediately
abutting on a public street.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, 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 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.
[1]
Editor’s Note: Former Section 600.110, License For Beer and Wine By The Drink or in Original Package – Fees, derived from CC 1976 §605.110; Ord. No. 703 §11, 1-28-1958; Ord. No. 2299 §1, 9-27-2001, former Section 600.120, License Sale in Original Package – Fees – Only By Drug Stores, Etc., derived from CC 1976 §605.110; Ord. No. 703 §12, 1-28-1958; Ord. No. 1882 §1, 5-25-1993; Ord. No. 2299 §2, 9-27-2001, and former Section 600.130, License Fee For Sale of All Kinds of Liquor By The Drink, derived from CC 1976 §605.120; Ord. No. 703 §3, 9-27-2001, were repealed 7-23-2013 by Ord. No. 2726 §5. For license fees, see now Section 600.020, License Required; Schedule of Fees.
[CC 1976 §605.130; Ord. No. 1150 §2, 1-15-1974; Ord. No. 2726 §6,
7-23-2013]
A.
Notwithstanding any other provision of this Chapter, in lieu of a
license issued annually, a license for the sale of intoxicating liquor
and non-intoxicating beer, as defined in this Chapter, for consumption
on premises where sold may be issued to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
for the sale of intoxicating liquor 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 in any
fiscal year of the City.
B.
In order to secure the license, the applicant shall complete a form
provided by the City Clerk. The applicant shall pay a fee of twenty-five
dollars ($25.00) for such permit, which fee shall be due and payable
at the time the application is submitted.
C.
If the event will be held on a Sunday, the permit shall not authorize
the sale of intoxicating liquor on that day beginning earlier than
9:00 A.M.
D.
At the same time that an applicant applies for a license under the
provisions of this Section, the applicant shall notify the Director
of Revenue of the State of Missouri of the holding of the event and
by such notification, by certified mail, shall accept responsibility
for the collection and payment of any applicable sales tax. Any sales
tax due shall be paid to the Director of Revenue within fifteen (15)
days after the close of the event, and failure to do so shall result
in a liability of triple the amount of tax due plus payment of the
tax and denial of any other permit for a period of three (3) years.
Under no circumstances shall a bond be required from the applicant.
E.
Nothing herein 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.
[Ord. No. 2726 §7, 7-23-2013]
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 services 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 the
sum of fifteen dollars ($15.00) for each calendar day, or fraction
thereof, for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of Missouri's 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.
[Ord. No. 2726 §8, 7-23-2013]
A.
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 law, may make application
and the City 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.
B.
Whenever one (1) or more members of a partnership withdraws from
the partnership, the City 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.
[CC 1976 §605.150; Ord. No. 1418 §2, 4-14-1981; Ord. No. 1748 §A, 12-13-1988; Ord. No. 1882 §2, 5-25-1993; Ord. No. 1958 §1, 9-13-1994; Ord. No. 2372 §1, 10-8-2003]
A.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B) of this Section, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his/her premises any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 9:00 A.M. on Sundays and between the hours of 1:30 A.M. and 6:00 A.M. on all other days of the week. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 9:00 A.M. on Sundays and between the hours of 1:30 A.M. and 6:00 A.M. on all other days of the week. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed and where substantial quantifies of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed. A "closed place" is defined
to mean a place where all doors are locked and where no patrons are
in the place or about the premises. Any person violating any provision
of this Section shall be deemed guilty of a misdemeanor. Nothing in
this Section shall be construed to prohibit the sale or delivery of
any intoxicating liquor during any of the hours or on any of the days
specified in this Section by a wholesaler licensed under the provisions
of Section 311.180, RSMo., to a person licensed to sell the intoxicating
liquor at retail.
B.
Notwithstanding
anything else herein to the contrary, any person licensed pursuant
to Section 311.200, RSMo., shall not be permitted to sell, give away
or otherwise dispose of, or suffer the same to be done upon or about
his/her premises, any intoxicating liquor in any quantity between
the hours of 1:30 A.M. and 9:00 A.M. on Sundays and between the hours
of 1:30 A.M. and 6:00 A.M. on all other days of the week.
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 Section 311.290, RSMo., or any other provision of law to the contrary.
[1]
Editor’s Note: Former Section 600.180, Sunday Sales At Restaurant Bar, derived from CC 1976 §605.151; Ord. No. 1418 §3, 4-14-1981; Ord. No. 2372 §2, 10-8-2003, and former Section 600.190, Amusement Places––Defined––Sunday Sales, When––Limitation––Temporary License, New Business––When, derived from CC 1976 §605.152; Ord. No. 1571 §1, 2-12-1985, were repealed 7-23-2013 by Ord. No. 2726 §9. For license fees for Sunday sales, see now Section 600.020, License Required; Schedule of Fees.
[CC 1976 §605.155; Ord. No. 1963 §1, 10-25-1994]
A.
Establishments
authorized and licensed to sell intoxicating liquor in the original
package pursuant to Section 600.120 of this Code may conduct wine
tasting on the premises of the licensed establishment, but only during
times when they are authorized to sell intoxicating liquor.
B.
Establishments
wishing to conduct wine tasting shall apply for a license to conduct
wine tasting on their premises. The original package wine tasting
fee is twenty-five dollars ($25.00).
C.
All Code
and State laws regarding the distribution of alcohol to minors and
all other liquor related laws shall apply to wine tasting. Nothing
herein shall authorize such establishments to sell intoxicating liquor
by the drink, without a separate license.
[CC 1976 §605.160; Ord. No. 703 §16, 1-28-1958]
It shall be unlawful for any person holding a malt liquor license,
or permit, and not at the same time holding a retail liquor dealer's
license covering the premises described in said malt liquor dealer's
license, or permit, to have or keep in or on said premises any intoxicating
liquor of any kind or character, other than malt liquor brewed or
manufactured by the method, in the manner, and of the ingredients
required by the laws of this State, or to sell, or offer for sale,
in or upon said premises, any intoxicating liquor other than malt
liquors.
[CC 1976 §605.170; Ord. No. 703 §17, 1-28-1958]
It shall be unlawful for any merchant or keeper of any place
of business in this City subject to regulation by the Mayor and Board
of Aldermen thereof, or the employee of such merchant or keeper to
suffer or permit any minor to drink or consume on the premises on
which his/her business is conducted, any whiskey, brandy, gin, wine,
hooch, alcohol or intoxicating liquor in excess of five percent (5%)
alcohol content by weight, however acquired, or to sell, give away,
lend, permit the use of, or otherwise dispose of any soda water, ginger
ale, water, ice, glass, spoon, container or receptacle to any person
with the intent or knowledge that the same will be consumed or used
in connection with the drinking or consuming by a minor of any such
intoxicating liquor on such premises.
[CC 1976 §605.180; Ord. No. 703 §18, 1-28-1958]
It shall be unlawful for any minor under the age of eighteen
(18) years to be and remain or to loiter in any tavern or place of
business where intoxicating liquors are sold at retail by the drink
for consumption on the premises, unless accompanied by the parent
or legal guardian of such minor, and it shall be unlawful for any
person licensed to sell intoxicating liquors at retail by the drink
for consumption on the premises, or his/her employee, to allow any
minor under the age of eighteen (18) years, unless accompanied by
the parent or legal guardian of such minor, to be and remain or to
loiter in the tavern or place of business of such person so licensed.
Each such licensee shall keep at all times conspicuously posted in
each tavern or place of business a printed sign displaying in black
letters not more than one (1) inch wide on a white background the
word "Notice—Minors Under The Age Of Eighteen Years Are Not
Allowed Here Unless Accompanied By Parent Or Legal Guardian". The
maintenance of such sign, however, shall not excuse any licensee from
a violation of this Section.
[Ord. No. 2221 §2, 8-26-1999]
Any licensee under this Chapter, or his/her employee, who shall 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, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his/her parent or guardian as provided in Section 600.430 who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard shall be deemed guilty of a misdemeanor, except that this Section shall not apply 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 any 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 when serving in the capacity as an employee of a licensed establishment.
B.
In any
place of business licensed in accordance with Section 311.200, or
Section 312.040, RSMo., where at least fifty percent (50%) of the
gross sales made consists of goods, merchandise, or commodities other
than intoxicating liquor or non-intoxicating beer in the original
package, persons at least eighteen (18) years of age may stock, arrange
displays, accept payment for, and sack for carryout 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.
C.
In any
distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail.
D.
Persons
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor 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.
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 is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
A.
Any person
of the age of seventeen (17) years and under the age of twenty-one
(21) years who shall represent that he has attained the age of twenty-one
(21) years for the purpose of purchasing, asking for or in any way
receiving any intoxicating liquor, except in cases authorized by law,
shall upon conviction be deemed guilty of a misdemeanor. Any person
under the age of seventeen (17) years who shall represent that he
has attained the age of twenty-one (21) years for the purpose of purchasing,
asking for or in any way receiving any intoxicating liquor, except
in cases authorized by law, may be considered a delinquent child and
may be dealt with in accordance with the provisions of Chapter 211,
RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
Any person who has in his possession a reproduced, modified
or altered motor vehicle driver's license, non-driver's license issued
by any uniformed service of the United States, or identification card
established in Section 302.181, RSMo., or any other such identification
card which indicates that the person represented on the card is over
twenty-one (21) years of age, is guilty of a misdemeanor.
[CC 1976 §605.200; Ord. No. 703 §20, 1-28-1958]
All licenses issued pursuant to the provisions of this Chapter
shall be kept conspicuously posted in the place for which such license
was issued.
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.
[CC 1976 §605.220; Ord. No. 703 §22, 1-28-1958]
It shall be unlawful to display in any street window or show
window any intoxicating liquor, or any package, bottle or container
bearing the label or brand of any intoxicating liquor.
[CC 1976 §605.230; Ord. No. 703 §23, 1-28-1958]
All fees collected by the City Collector pursuant to the provisions
of this Chapter shall be accounted for and delivered to the City Treasurer
to be deposited to the City's account.
[CC 1976 §605.240; Ord. No. 703 §24, 1-28-1958]
The fee to be charged hereunder shall be taken in lieu of the
proportionate part of any merchant's license fee under other Sections
of this Code, and the value of stocks of intoxicating liquors, and
the aggregate amount of sales thereof, made by any licensees hereunder,
shall not be returned by such merchant for purposes of merchant's
license, nor shall such stock or sales be included in the computation
of any merchant's license.
[CC 1976 §605.250; Ord. No. 703 §25, 1-28-1958; Ord. No. 2726 §10,
7-23-2013]
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, by U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.345 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, Chapter 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 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.
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 that 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.
[Ord. No. 2726 §11, 7-23-2013]
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 600.340 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 that such appeal is filed
within thirty (30) days of the date of the Board's decision.
The Board may delay the implementation of its order pending appeal.
[CC 1976 §605.260; Ord. No. 703 §26, 1-28-1958]
On approval of application by the Board of Aldermen and payment
of license fees as provided in this Chapter, the City Clerk shall
grant the applicant a license to conduct business in the City for
a term to end with the thirtieth (30) day of June next succeeding
the date of such license. Of the license tax to be paid for any license,
the applicant shall pay as many twelfths (12ths) as there are months,
or fractions of any month remaining from the date of the license to
the next succeeding July first (1st).
[CC 1976 §605.280; Ord. No. 703 §28, 1-28-1958]
Every manufacturer, distiller, brewer or wholesaler of intoxicating
liquor within the limits of the City shall apply for and be licensed
as such by the Board of Aldermen, and any such person, as herein defined,
who fails to obtain such license, or pay the fees, or who fails to
comply with any of the provisions of this Chapter, or amendments thereof,
or with the provisions of other ordinances or Laws of the State of
Missouri relating to intoxicating liquor, shall, on conviction, be
deemed guilty of a misdemeanor and subject to the penalties provided
herein for violation of this Chapter.
[CC 1976 §605.290; Ord. No. 703 §29, 1-28-1958]
A "wholesaler" is herein defined to be a person
who exposes for or makes one (1) or more sales for resale of intoxicating
liquor within the limits of this City, or who conducts a business
of exposing for sale or selling intoxicating liquor for resale, from
an established place of business within the limits of this City.
[CC 1976 §605.300; Ord. No. 703 §30, 1-28-1958]
A manufacturer, distiller or brewer within this City shall not
be required to take out a wholesaler's license for the sale of their
products at wholesale at the place of manufacture, or in quantities
of not less than one (1) gallon.
[CC 1976 §605.310; Ord. No. 703 §31, 1-28-1958]
The qualifications of persons granted licenses mentioned in Section 600.030 hereof, the application therefor, the officer to whom same shall be made, the disposition of and action thereon, the payment and collection of fees, the license therefor and proceedings for revocation thereof, and other regulations thereunder, shall, in all respects, be those provided for herein in the case of retail liquor dealers.
[CC 1976 §605.320; Ord. No. 703 §32, 1-28-1958]
For such license, there shall be paid to the City Clerk annual
charges as follows: For a manufacturer, distiller, or brewer of intoxicating
liquor, two hundred dollars ($200.00); for a wholesaler or wholesale
liquor dealing agent of intoxicating liquors, as herein defined, two
hundred fifty dollars ($250.00), provided that in addition to the
license fees provided in this Section, the licensee shall pay gallonage
charges, as required, and similar to such requirements as those provided
by law to be paid to the State in an amount equal to that required
by the State for such gallonage tax.
[CC 1976 §605.330; Ord. No. 703 §33, 1-28-1958]
It shall be unlawful for any manufacturer, distiller, brewer,
or wholesale dealer in intoxicating liquor, either directly or indirectly,
to sell or deliver intoxicating liquor of any kind to any person in
this City not licensed under the provisions of this Chapter to sell
intoxicating liquors at retail.
[CC 1976 §605.270; Ord. No. 1418 §4, 4-14-1981]
Any person found guilty of violating any provision of this Chapter
shall be punishable by a fine of not more than five hundred dollars
($500.00), by imprisonment for not more than ninety (90) days, or
by both such fine and imprisonment, and each day said violation shall
continue after notice thereof is given to the licensee either in person,
in writing, or by posting such notice upon the licensed premises,
shall constitute a separate offense.
[Ord. No. 2221 §1, 8-26-1999]
A.
Purpose And Findings. The Board of Aldermen of the City
of Shrewsbury has found and determined that unsupervised gatherings
where alcoholic beverages or controlled substances are in the possession
of, consumed by, or delivered to minors constitute a potential hazard
to the health, safety and welfare of those in attendance at such gatherings
and for others. The Board of Aldermen has further found and declared
that the supervision of parties, gatherings or events attended by
minors is necessary in order to safeguard the peace, health, safety
or general welfare of the public.
B.
ALCOHOLIC BEVERAGES
CONTROLLED SUBSTANCE
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
MINOR
PARENT
PARTY, GATHERING OR EVENT
PERSON IN CONTROL OF THE PREMISES
PRACTITIONER
Definitions. For the purpose of this Section, the following
definitions shall apply:
Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in this Chapter, Section 600.010.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., as may be amended or revised from
time to time.
The gift or exchange of an alcoholic beverage or controlled
substance from one person to another.
Any person under the age of twenty-one (21) years.
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
An assemblage or a group of persons for a social occasion
or for a social activity.
An adult who owns, leases, rents or is otherwise the lawful
occupant of any premises or building, or the adult designee thereof.
Any medical professional or other person, as defined or described
in Section 195.010, RSMo., as may be amended or revised from time
to time.
C.
Use Of Building Or Premises For Consumption of Alcoholic Beverages
Or Controlled Substances. It shall be unlawful for any person
to knowingly or negligently permit, on or in a building or premises
under his or her control, the consumption, use or possession of alcoholic
beverages or controlled substances by a minor; except that this Section
shall not apply to the following:
1.
The
delivery of alcoholic beverages to a minor or the consumption of alcoholic
beverages by a minor in connection with the performance of any bona
fide religious service under the supervision of an adult, with the
consent of the person in control of the building or premises.
2.
The
delivery of an alcoholic beverage to a minor, by the minor's parent,
and under the direct supervision of the parent.
3.
The
possession or consumption of or the delivery to a minor of a controlled
substance prescribed for that minor by a licensed medical practitioner,
when such delivery is by the minor's parent or by the person in control
of the building or premises provided that he or she has obtained the
prior consent of that minor's parent.
D.
Duty To Supervise. It shall be unlawful for any person in
control of a building or premises, or his or her adult designee, to
leave or depart from a building or premises when it is reasonably
foreseeable that said building or premises may be used for a gathering
at which alcoholic beverages or controlled substances may be in the
possession of or consumed by minors.
E.
Rental Of A Building Or Premises. It shall be unlawful for
any owner, or agent, employee or contractor thereof, to rent any room,
rooms, apartment or any building or portion of a building to a minor
or to any adult when it is reasonably foreseeable that said adult,
or his or her adult designee, will leave the said building or premises
or when it is reasonably foreseeable that said building or premises
may be used for a gathering at which alcoholic beverages or controlled
substances may be in possession of or consumed by minors, except as
provided in this Chapter.
F.
Duty To Disperse. Any person or his or her designee in control
of a buildings or premise at which alcoholic beverages or controlled
substances are in the possession of or are being consumed by minors
shall cause all persons in or on said building or premises who are
not lawful residents thereof to disperse not more than fifteen (15)
minutes after personally receiving an order to do so issued by a Peace
Officer.
G.
Partial Validity. If any portion, Subsection, clause or
phrase of this Section is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this Section.
H.
Penalty. Any person or persons convicted of violating the provisions of Section 600.430 shall be fined an amount not to exceed five hundred dollars ($500.00) for each offense. Except that for third (3rd) and subsequent violations by the same person or persons, the fine shall be not less than five hundred dollars ($500.00) for each offense.
