Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
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.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
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.
An intoxicating liquor containing alcohol 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.
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also
be construed and held to refer to any package containing three (3)
or more standard bottles of beer.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal Court.
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.
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 in the City
of Chaffee 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:
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 as set out in Section 600.030(B).
2.
Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
3.
Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales as set out in Section 600.030(B).
4.
Malt liquor — wholesale to authorized dealers. For the privilege of selling intoxicating liquor containing not
in excess of five percent of alcohol by weight by a wholesaler to
a person duly licensed to sell such malt liquor at retail.
5.
Intoxicating liquor — wholesale to authorized dealers. For the privilege of selling intoxicating liquor of all kinds by
a wholesaler to a person duly licensed to sell such intoxicating liquor
at retail.
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.
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 in any quantity between the
hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours
of 9:00 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
of malt liquor by the drink on Sunday. A person who has a current
valid license to sell malt liquor by the drink on Sunday may sell
malt liquor by the drink on Sunday (during the period of twenty-one
(21) consecutive hours) beginning at 9:00 A.M. and ending at 6:00
A.M. on Monday. Any person licensed to sell intoxicating liquor by
the drink shall keep a closed place during the aforementioned prohibited
times.
[Ord. No. 600.030§§1 —
2, 11-2-2015; Ord. No. 600.030, 10-4-2021]
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.
C.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
3.
No license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the Clerk may transfer such license to permit the operation of
the business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
upon being requested, shall permit the remaining partner or partners
originally licensed to continue to operate for the remainder of the
period for which the license fee has been paid without obtaining a
new license.
4.
In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Council. Any change of
location of the enterprise prior to issuance of such an amended license
shall constitute a violation of this Section.
[CC 1978 §600.110; Ord. No. 600.035 §1, 9-17-2012]
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 City Council, 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 1978 §600.111; Bill No. 2006-01(600.111), 2-20-2006]
For the purpose of determining the three hundred (300) feet distance as set forth in Section 600.035, a measurement shall be performed between the following two (2) points: the first (1st) point being the point of the main building of the church or school which is closest to the premises where the intoxicating liquor is to be sold and the second (2nd) point being the point on the property line of the premises where intoxicating liquor is or is to be sold, closest to the church or school as applicable in the circumstances.
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:
[CC 1978 §600.040]
Each license shall be issued for a period of one (1) year from
the first (1st) day of January of each year and persons desiring to
secure licenses after the first (1st) day of January shall pay for
such portion of the license year remaining at the time such license
is issued thereafter, all renewals of licenses shall be made on the
first (1st) day of January of each year.
A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor, including intoxicating liquor
in the original package, 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 311.485, RSMo., 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.
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 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.
[CC 1978 §600.060; Bill No. 2006-34(600.060), 12-18-2006]
A.
All
applications for licenses under the provisions of this Chapter shall
be made in writing to the City Collector on forms provided by said
Collector. The application shall contain at least the following information:
1.
A designation of the kind of license desired;
2.
A description of the premises to which said license is to apply and
the location or address thereof;
3.
The name, telephone number, place of residence and mailing address
of the person for whom a license is sought;
4.
The dates and places of all revocations of liquor and non-intoxicating
beer licenses and all convictions of any law applicable to the manufacture
or sale of intoxicating liquor or non-intoxicating liquor, if any;
5.
The term of the license;
6.
The signature of the applicant;
7.
The business engaged in by the applicant.
B.
The
application for license shall be filed in the office of the City Collector
and the date of filing thereof shall be noted thereon by said City
Collector and shall be presented to the City Council at the first
(1st) regular meeting held thereafter. The application for license
shall be accompanied by a certified check in the amount as required
in this Chapter and the written consent of the owner of the premises
upon which the license is sought.
C.
Applications for a "new license", as defined herein, if filed more than seven (7) working days prior to a regular meeting of the City Council, may be acted upon by the City Council at the regular meeting immediately following the filing of the application. Applications for a new license if filed less than seven (7) full working days before a regular meeting of the City Council must be referred by the Mayor to a committee composed of the two (2) Council members elected from the ward in which the proposed licensee intends to do business. The committee shall make a report at the next regular meeting of the City Council at which time action may be taken upon the application. For purposes of Subsection (C) hereof, "new license" is defined as an application
by a person who has not been granted a license under this Chapter
within fourteen (14) months immediately preceding the date of filing
the application hereunder.
D.
Applications
for a "renewal license", as defined herein, may be acted upon by the
City Council at any regular or special meeting of the City Council
upon the presentation of the application to the City Council. For
purposes of this Subsection, "renewal license" is
defined as an application by a person who at the time of application
holds a valid, current license under this Chapter.
Neither the applicant nor any officer, director or shareholder
of a corporate applicant shall have been convicted of a felony or
of any distribution, sale or possession of any controlled substances
or dangerous drugs. The applicant shall present with the application
a bona fide sale contract or option duly executed, which may be subject
to the applicant obtaining a liquor license, or a bona fide lease
duly executed by the lessor, or an option for a lease duly executed,
subject to the applicant obtaining a liquor license, covering the
property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The City Council 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.
[CC 1978 §600.070]
No license shall be granted by the City Collector, unless the
application and deposit of license charge has been made as required
in this Chapter. Nor shall any license applied for be granted or issued
unless and until a majority of the members elected to the City Council
shall vote in favor thereof; upon a favorable vote granting the license
applied for, the City Collector shall issue such license, which shall
describe the kind of license, the license charge, the premises, on
which said sale is to be made, the name of license holder, date of
issuance and period of time for which said license is granted.
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, When.
1.
Except as otherwise provided in this Section, no person under the
age of twenty-one (21) years shall sell or assist in the sale or dispensing
of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
4.
Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar, intoxicating beverages.
B.
Sales To Minor — Exceptions.
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.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
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.
|
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.
|
3.
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 who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood or breath sample or urine
analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person who
performed the test;
e.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
|
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
|
For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
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.
Packaging, Labeling. Any retailer licensed pursuant to this
Chapter shall not:
1.
Sell intoxicating liquor 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 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 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 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. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, 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.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or on
any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
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.
A.
Suspension Or Revocation Of License — When — Manner. The Council may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Council 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 600.120 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,
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 Council.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, 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 Council shall sell or give away any
intoxicating liquor during the time such suspension is in effect.
Any licensee desiring to keep premises open for the sale of food or
merchandise during the period of suspension shall display the Council'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 Council
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 Council 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 Council 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 600.110 of this Chapter, the Council 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 Council may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Council's decision. The Council may delay
the implementation of its order pending appeal.
[CC 1978 §600.100]
In case any license granted under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period after the effective beginning
date of such license, no refund of any license charge or part thereof
shall be made.
[CC 1978 §600.190]
Upon conviction of any person under the provisions of this Chapter,
it shall be the duty of the Municipal Judge to certify such conviction
to the City Council at the first (1st) meeting of said Council after
such conviction.