When used in this Chapter, the following
words shall have the following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
A licensee under this Chapter is maintaining or operating
a disorderly place or house when the following violations occur:
Any acts of immorality;
Any acts of lewd conduct (including as set forth in Section 600.056);
Breaches of the peace;
Exceeding occupancy limit of premises;
Suffering or permitting any acts
prohibited under this Chapter;
Violation(s) of any provision of
this Chapter;
Violation(s) of other City ordinances
or State law or State regulations applicable to the premises;
The liquor and/or business license
was obtained through materially false statements in the application
for such license;
The licensee failed to make a complete
disclosure of all pertinent information in the application for such
liquor and/or business license;
The licensee, since the issuance
of such license, has ceased to be the person actually engaged in the
active control and management of the particular establishment for
which the liquor and/or business license was issued;
The licensed premises are no longer
used for the purposes permitted by the liquor and/or business license
and after five (5) days' written notice, the licensee has failed to
respond or satisfactorily explain the change; or
Anything has occurred which would
render the licensed premises ineligible or unsuitable for a liquor
and/or business license under the provisions of this Chapter.
A licensee under this Chapter has failed to keep an orderly
place or house when a licensee under this Chapter has:
Had the Police called frequently
to the licensed premises;
Failed to control the licensed premises;
Sold intoxicating liquor or beer
at the licensed premises to minors or persons already intoxicated;
Failed to cooperate with properties
neighboring the licensed premises; and/or
Failed to cooperate with reasonable
suggestions pertaining to the licensed premises made by the Police
Department or the Supervisor of Liquor Control.
|
The list of examples of failure to
keep an orderly place or house shall be by way of example only and
shall not be deemed to be exclusive in nature.
|
Any music festival, dance festival, rock festival or similar
musical activity likely to attract five thousand (5,000) or more people
at such an activity which will continue for a period of twelve (12)
hours or more, at which music is provided by paid or amateur performers
or by prerecorded means, and which is held at any place within the
City, and to which members of the public are invited or admitted for
a charge. Festivals shall not include any activities exempted under
State Statute.
All interest, legal or beneficial, direct and indirect, in
the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for or in consideration of interest
in or for use of the capital devoted to the enterprise, or for property
or money advanced, loaned or otherwise made available to the enterprise,
except by way of ordinary commercial credit or bona fide bank credit
not in excess of credit customarily granted by banking institutions,
whether paid as dividends, interest or profits, or in the guise of
royalties, commissions, salaries, or any other form whatsoever.
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 (1/2 of 1%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (1/2 of 1%) 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%) and using the ingredients set out in Section 311.490,
RSMo.
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 one (1) or more standard bottles,
cans, or pouches 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.
The portion of any building in which a licensee under this
Chapter 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 the buildings.
A corporation incorporated under the laws of this State,
all the officers and directors of which, and all the stockholders,
who legally and beneficially own or control sixty percent (60%) or
more of the stock in amount and in voting rights, shall be qualified
legal voters and taxpaying citizens of the County and municipality
in which they reside and who shall have been bona fide residents of
the State for a period of three (3) years continuously immediately
prior to the date of filing of application for a license, provided
that a stockholder need not be a voter or a taxpayer, and all the
resident stockholders of which shall own, legally and beneficially,
at least sixty percent (60%) of all the financial interest in the
business to be licensed under this law; provided, that no corporation,
licensed under the provisions of this law on January 1, 1947, nor
any corporation succeeding to the business of a corporation licensed
on January 1, 1947, as a result of a tax-free reorganization coming
within the provisions of Section 112, United States Internal Revenue
Code, shall be disqualified by reason of the new requirements herein,
except corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight, or owned
or controlled, directly or indirectly, by non-resident persons, partnerships
or corporations engaged in the manufacture of alcoholic beverages
containing alcohol in excess of five percent (5%) by weight.
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.
The sale of any intoxicating liquor except malt liquor, in
the original package, in any quantity less than fifty (50) milliliters.
[1]
Editor's Note: Former Chapter 600, Intoxicating Liquor, containing Sections 600.010 through 600.110, which derived from R.O. 2006 §§ 600.020, 600.060, 600.130, 600.260, 600.300 — 600.310; Ord. No. 1530 § 1, 11-18-1991; Ord. No. 1687 § 1, 6-22-1993; Ord. No. 1792 § 1, 9-20-1994; Ord. No. 2610 § 1, 10-20-2003; Ord. No. 3613 §§ 1 — 5, 7-28-2016, was repealed 9-22-2016 by § 1 of Ord. No. 3625.
[R.O. 2009 § 600.020; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 3782 § 1, 3-22-2018; Ord.
No. 4337, 6-22-2023]
A.
License Required. No person shall sell
or offer for sale intoxicating liquor in the City of Fenton 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. A separate license shall
be taken out for each of the following classes of licenses subject
to annual renewal and payment of fees as set forth herein:
1.
Liquor Wholesale Solicitor –
Licenses.
a.
5% Wholesale Solicitor (5WS). Allows
for the privilege of selling intoxicating liquor containing not in
excess of five percent (5%) of alcohol by weight by a Wholesaler to
a person licensed to sell such malt liquor at retail and the privilege
of selling to licensed Wholesalers and soliciting orders for the sale
of intoxicating liquor containing not more than five percent (5%)
of alcohol by weight, to, by, or through a licensed Wholesaler, within
this City and costs the sum of seventy-five dollars ($75.00).
b.
22% Wholesale Solicitor (22WS). Allows
for the privilege of selling intoxicating liquor containing not in
excess of twenty-two percent (22%) of alcohol by weight, by a Wholesaler
to a person licensed to sell such intoxicating liquor at retail and
the privilege of selling to licensed Wholesalers and soliciting orders
for the sale of intoxicating liquor containing not more than twenty-two
percent (22%) percent alcohol by weight, to, by, or through a licensed
Wholesaler within this City and costs the sum of one hundred fifty
dollars ($150.00).
c.
Liquor Wholesale Solicitor (LWS).
Allows for the privilege of selling intoxicating liquor of all kinds,
to a person licensed to sell such intoxicating liquor at retail and
the privilege of selling to licensed Wholesalers and soliciting orders
for the sale of intoxicating liquor of all kinds, to, by, or through
a licensed Wholesaler within this City and costs the sum of three
hundred seventy-five dollars ($375.00).
2.
Liquor Solicitor — Licenses.
a.
5% Liquor Solicitor (5S). Allows
for the privilege of selling to licensed Wholesalers and soliciting
orders for the sale of malt liquor containing not in excess of five
percent (5%) alcohol by weight, to, by, or through a licensed Wholesaler
within this City and costs the sum of seventy-five dollars ($75.00).
Must have Wholesaler license to sell to retailers.
b.
22% Liquor Solicitor (22S). Allows
for the privilege of selling to licensed Wholesalers and soliciting
orders for the sale of intoxicating liquor not in excess of twenty-two
percent (22%) alcohol by weight, to, by, or through a licensed Wholesaler
within this City and costs the sum of one hundred fifty dollars ($150.00).
Must have Wholesaler license to sell to retailers.
c.
Liquor Solicitor (LS). Allows for
the privilege of selling to licensed Wholesalers and soliciting orders
for the sale of intoxicating liquor of all kinds, to, by, or through
a licensed Wholesaler within this City and costs the sum of three
hundred seventy-five dollars ($375.00).
Must have Wholesaler license to sell to retailers.
3.
Liquor Manufacturer/Solicitor —
Licenses.
a.
5% Manufacturer Solicitor (5MS).
Allows for the privilege of manufacturing and brewing in this State
malt liquor containing not in excess of five percent (5%) alcohol
by weight and the privilege of selling to licensed Wholesalers and
soliciting orders for the sale of malt liquors containing not in excess
of five percent (5%) alcohol by weight, to, by, or through a licensed
Wholesaler within this City and costs the sum of one hundred fifty
dollars ($150.00).
Must have Wholesaler license to sell to retailers.
b.
22% Manufacturer Solicitor (22MS).
Allows for the privilege of manufacturing intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight and
the privilege of selling to licensed Wholesalers and soliciting orders
for the sale of intoxicating liquor containing not in excess of twenty-two
percent (22%) alcohol by weight, to, by, or through a licensed Wholesaler
within this City and costs the sum of three hundred dollars ($300.00).
You must manufacture two hundred (200) gallons of wine annually to
qualify for a Retail by Drink license and not required to obtain a
separate Sunday license to operate seven (7) days a week.
Must have Wholesaler license to sell to retailers.
c.
Liquor Manufacturer Solicitor (LMS).
Allows for the privilege of manufacturing, distilling, or blending
intoxicating liquor of all kinds within the State of Missouri and
the privilege of selling to licensed Wholesalers and soliciting orders
for the sale of intoxicating liquor of all kinds, to, by, or through
a licensed Wholesaler within Missouri and costs the sum of six hundred
seventy-five dollars ($675.00). May obtain Retail by Drink license
and not required to obtain a separate Sunday license to operate seven (7)
days a week. Shall not entitle the holder thereof to sell within the
State of Missouri, direct to retailers.
Must have Wholesaler license to sell to retailers.
4.
Original Package — Licenses.
a.
Package Liquor (OPL). Allows retailers
the privilege to sell intoxicating liquor in the original package,
not for consumption on the licensed premises where sold and costs
the sum of one hundred fifty dollars ($150.00). This license allows
retailers to operate between the hours of 6:00 A.M. and 1:30 A.M.
on weekdays and Saturdays. However, if you intend on selling alcohol
on Sundays you would be required to apply for a By The Drink Malt
Liquor and Light Wine Sunday Sales license as well.
b.
Package Malt Liquor (Beer) (5OP).
Allows retailers the privilege to sell beer in the original package
containing alcohol in excess of three and two-tenths percent (3.2%)
by weight but not in excess of five percent (5%) by weight, not for
consumption on the licensed premises where sold and costs the sum
of seventy-five dollars ($75.00). This license allows retailers to
operate between the hours of 6:00 A.M. and 1:30 A.M. every day of
the week.
5.
Liquor By The Drink — Licenses.
a.
By the Drink Malt Liquor (Beer) (5BD).
Allows retailers the privilege to serve beer by the drink containing
alcohol in excess of three and two tenths percent (3.2%) by weight
and not in excess of five percent (5%) by weight, for consumption
on the licensed premises where sold and costs the sum of seventy-five
dollars ($75.00). This license allows retailers to operate between
the hours of 6:00 A.M. and 1:30 A.M. every day of the week.
b.
By the Drink Intoxicating Liquor (RBD).
Allows retailers the privilege to serve intoxicating liquor by the
drink of all kinds of intoxicating liquor for consumption on the licensed
premises where sold and costs the sum of four hundred fifty dollars
($450.00). This license allows retailers to operate between the hours
of 6:00 A.M. and 1:30 A.M. on weekdays and Saturdays, including all
election days. However, if you intend on selling alcohol on Sundays
you would be required to apply for a By The Drink Intoxicating Liquor
Sunday Sales license as well.
c.
By the Drink Malt Liquor (Beer) and
Light Wine (SBDW). Allows retailers the privilege to serve beer and
light wine by the drink containing alcohol in excess of three and
two-tenths percent (3.2%) by weight but not in excess of five percent
(5%) by weight and light wines containing not less than fourteen percent
(14%) of alcohol by weight made from grapes, berries, and other fruits
and vegetables, for consumption on the licensed premises where sold
and costs the sum of seventy-five dollars ($75.00). This license allows
retailers to operate between the hours of 6:00 A.M. and 1:30 A.M.
on weekdays and Saturdays, including all election days. However, if
you intend on selling alcohol on Sundays you would be required to
apply for a By The Drink Malt Liquor and Light Wine Sunday Sales license
as well.
C.
Miscellaneous Licenses/Permits. A separate
license shall be taken out for each of the following:
1.
Sunday Sales. Except for any establishment that may apply for a license
under Section 311.089, RSMo., any person possessing the qualifications
and meeting the requirements of this Chapter, who is licensed to sell
intoxicating liquor at retail may apply to the City for a special
license to sell intoxicating liquor at retail between the hours of
6:00 A.M. to 1:30 A.M. on Monday.
a.
By the Drink Malt Liquor (Beer) and Light Wine Sunday Sales (5SBD).
Allows retailers the privilege to serve beer and light wine by the
drink for consumption on the licensed premises and costs the sum of
three hundred dollars ($300.00). This license allows retailers to
operate between the hours of 6:00 A.M. Sundays to 1:30 A.M. Monday.
You must have a Retail Liquor license to apply for this Sunday license.
b.
By the Drink Intoxicating Liquor Sunday Sales (SBD). Allows retailers
the privilege to serve intoxicating liquor by the drink for consumption
on the licensed premises and costs the sum of three hundred dollars
($300.00). This license allows retailers to operate between the hours
of 6:00 A.M. Sundays to 1:30 A.M. Monday. You must have a Retail Liquor
license to apply for this Sunday license.
c.
Package Liquor Sunday Sales (SOP). Allows retailers the privilege
to sell intoxicating liquor in the original package, not to be consumed
on the licensed premises where sold and costs the sum of three hundred
dollars ($300.00). This license allows retailers to operate between
the hours of 6:00 A.M. Sundays to 1:30 A.M. Monday. You must have
a Retail Liquor license to apply for this Sunday license.
2.
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.030(C) below, may apply for a special permit to sell intoxicating liquor for consumption on premises where sold pursuant to the provisions of this Chapter. The fee for said temporary permit for sale by the drink to be limited to a maximum of seven (7) days, shall be thirty-seven dollars fifty cents ($37.50).
3.
Tasting Permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(4)(a) and (C)(1) 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. The fee for said annual tasting permit shall be thirty-seven dollars fifty cents ($37.50).
4.
Caterers Permit. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.040 below, may apply for a caterer's license for a fee of fifteen dollars ($15.00) per each calendar day, pursuant to the provisions of this Chapter.
5.
Festivals Permit. Any person who possesses the qualifications, meets the requirements and complies with the provisions of this Chapter, including Section 600.045 below, may apply for a festival permit for a fee of fifteen dollars ($15.00) per each calendar day to serve alcoholic beverages pursuant to the provisions of this Chapter.
D.
Prorated Fees. Each license that may be
obtained after the start of the license year shall have the license
fee prorated for the remainder of the license year. In computing such
pro rata license fee, the applicant shall pay as many twelfths (12ths)
as there are months (or part of a month counted as a month) remaining
from the date of the license to the next succeeding July 1.
E.
No Refund. In case any license issued under
the provisions of this Chapter is revoked, surrendered or forfeited
by the licensee, not used or used only for a part of the license period,
after the effective beginning date of such license, no refund of any
license fee or part thereof shall be made.
[R.O. 2009 § 600.030; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
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.
Temporary Permit For Sale By Drink —
Certain Organizations.
1.
The City Clerk may issue a permit
for the sale of intoxicating liquor for consumption on premises where
sold to any church, school, civic, service, fraternal, veteran, political
or charitable club or organization for sale at a picnic, bazaar, fair
or similar gathering. The permit shall be issued only for the day
or days named therein and it shall not authorize the sale of intoxicating
liquor for more than seven (7) days by any such club or organization.
2.
If the event will be held on a Sunday,
the permit shall authorize the sale of intoxicating liquor on that
day beginning at 6:00 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.
C.
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 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Subsection (D) shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one (1) room only, 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.
2.
When January 1st, March 17th, July
4th or December 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.
D.
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.
5.
Every licensee shall keep displayed prominently at all times on their
licensed premises any City license designating their premises as a
place licensed by the City to sell intoxicating liquors. Nonetheless,
no application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. Within ten (10) days from the issuance
of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
E.
Retailer-Packaged
Alcoholic Beverages Sold to Customers in "To-Go" Containers. Notwithstanding
any provision of law to the contrary, any person who is licensed by
the City to sell intoxicating liquor at retail by the drink for on-premises
consumption may sell retailer-packaged alcoholic beverages to customers
in containers, filled on such premises by any employee of the retailer
who is twenty-one (21) years of age or older, for off-premises consumption
if all the following requirements are met:
1.
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A "sealable" container does not include
a container with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subdivision,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
6.
The container is either:
a.
Placed in a single-use, transparent bag that is securely sealed and
made tamper-proof such that the lid, cap, or seal will visibly demonstrate
when a bag or container has been opened; or
b.
The container opening is sealed with tamper-proof tape that will
visibly demonstrate when a bag or container has been opened.
7.
The filling of a container under this Section shall follow Section
3-304.17(c) of the 2009 Food and Drug Administration Food Code.
Containers that are filled under this Subsection shall be affixed
with a label or a tag that contains the name and address of the business
that filled the container, in type not smaller than three (3) millimeters
in height and not more than twelve (12) characters per inch, and states,
"THIS BEVERAGE CONTAINS ALCOHOL."
[R.O. 2009 § 600.035; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
A.
No license shall be granted for the sale
of intoxicating liquor, as defined in this Chapter, within two hundred
(200) 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 two hundred (200) 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 two hundred (200) feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license for the sale of intoxicating liquor pursuant to Section 600.020(C)(5), 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 that was issued a license by the City before January 1, 2004, for the sale of intoxicating liquor and which premises has not: (1) changed its license type; (2) amended the legal description of the premises; or (3) been without a liquor license for more than ninety (90) days at any time during that period.
[R.O. 2009 § 600.040; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
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 herein. 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 600.020(C)(4) 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. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C.
Notwithstanding any other law to the contrary,
any caterer who possesses a valid State and valid local liquor license
may deliver and sell 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.
[1]
Editor's Note: Former Section 600.044, Temporary Location
For Liquor By The Drink, Independence Day — Permit — Fee
Required, was repealed 6-22-2023 by Ord. No. 4337.
[R.O. 2009 § 600.045; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
A.
An application for a permit under this Section shall be made to the City Clerk at least five (5) business days prior to the festival. 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 festival 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 600.020(C)(5) above, or fraction thereof, for which the permit is issued.
B.
All provisions of the Liquor Control Law
(Chapter 311, RSMo., and the regulations promulgated thereto) and
the ordinances of the City shall extend to festival 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. This
temporary permit shall allow the sale of intoxicating liquor in the
original package.
C.
No provision of this Chapter shall be interpreted
as preventing any wholesaler, retailer, or distributor from providing
customary storage, cooling, or dispensing equipment for use at a festival.
[Ord. No. 4337, 6-22-2023]
A special permit shall be issued to an out-of-State manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee of thirty-seven dollars
fifty cents ($37.50) before a special permit shall be issued.
[R.O. 2009 § 600.047; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
Notwithstanding any other provision
of law to the contrary, any restaurant-bar without an on-site brewery
that serves twenty (20) or more different types of draft beer may
sell thirty-two (32) fluid ounces or more of such beer to customers
for consumption off the premises of such bar or tavern.
[Ord. No. 4337, 6-22-2023]
A.
Any person who is licensed to sell intoxicating
liquor in the original package at retail as provided in Subsection
1 of Section 311.200, RSMo., may sell from thirty-two (32) to one
hundred twenty-eight (128) fluid ounces of draft beer to customers
in containers filled by any employee of the retailer on the premises
for consumption off such premises. Any employee of the licensee shall
be at least twenty-one (21) years of age to fill containers with draft
beer.
B.
No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C.
Requirements Regarding Containers.
1.
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale,
lager, bock, stout, or other brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business
that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: "This product
may be unfiltered and unpasteurized. Keep refrigerated at all times."
D.
Additional Regulations.
1.
The filling and refilling of containers
shall only occur on demand by a customer and containers shall not
be prefilled by the retailer or its employee.
2.
Containers shall only be filled or
refilled by an employee of the retailer.
3.
Containers shall be filled or refilled
as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:
(1)
Food-grade sanitizer
shall be used in accordance with the Environmental Protection Agency
registered label use instructions;
(2)
A container of liquid
food-grade sanitizer shall be maintained for no more than ten (10)
malt beverage taps that will be used for filling and refilling containers;
(3)
Each container shall
contain no fewer than five (5) tubes that will be used only for filling
and refilling containers;
(4)
The container shall
be inspected visually for contamination;
(5)
After each filling or
refilling of a container, the tube shall be immersed in the container
with the liquid food-grade sanitizer; and
(6)
A different tube from
the container shall be used for each filling or refilling of a container;
or
b.
Containers shall be filled or refilled
with a contamination-free process and:
4.
Containers shall be filled or refilled
from the bottom of the container to the top with a tube that is attached
to the malt beverage faucet and extends to the bottom of the container
or with a commercial filling machine.
5.
When not in use, tubes to fill or
refill shall be immersed and stored in a container with liquid food-grade
sanitizer.
[R.O. 2009 § 600.050; Ord. No. 4337, 6-22-2023]
A.
Application — Form And Content.
1.
All applications for licenses under
the provisions of this Chapter shall be made, in writing, to the City
Clerk, on forms 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. Such forms,
at a minimum, shall provide for and shall contain spaces for:
a.
Designation of the kind of license
desired (including date(s) of event, in the case of a temporary license);
b.
Description of the premises to which
such licenses apply and the location or address thereof ("Description
of the premises" shall include a site plan and a line drawing of the
room(s) and/or areas in the buildings in which the controlled substances
are stored, exhibited for sale, and served and consumed);
c.
Name, place of residence, and mailing
address of the person, individual, association, and partnership and
names of partners or corporation managing officer thereof for whom
or which a license is sought;
d.
Term of the license;
e.
Signature of the applicant;
g.
Such other information as may be
necessary to the City Clerk in administering this Chapter.
2.
In the event a license is sought
for the sale of intoxicating liquor in the original package, the application
form shall provide for and contain spaces for a description of the
business engaged in by the applicant and the kind of stock or goods,
and invoice value thereof, exclusive of fixtures, and intoxicating
liquors kept in the business store of applicant. There shall be attached
to applications a recent photograph of both the applicant and the
place of business.
3.
In the event a license is sought
for the sale at retail by the drink for consumption on the premises
where sold, of all kinds of intoxicating liquor, including the sale
of intoxicating liquor in the original package, the application forms
shall provide for and contain spaces for information relating to the
applicant's compliance with any criteria and requirements concerning
the granting of such license, as the same are set forth and defined
in this Code, including, but not limited to, building and sanitary
codes.
B.
Denial. The Board may deny a license for any reason that would support revocation or suspension of a license under Section 600.080.
C.
Approval. Upon approval of any application
for a license by the Board, the Clerk shall grant the applicant a
license to conduct business in the City for a term to expire with
the 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.
Licenses For Subsequent License Periods.
Applications for issuance of licenses for a premises that was granted
a license during the previous license period must be filed on or before
the first day of May of each calendar year. Such application shall
be reviewed by the Board at its next meeting or as soon thereafter
as is practical. Upon approval of the majority of the Board and payment
of the license fee provided herein, the Clerk shall issue a new license.
E.
Prior Issuance Creates No Right To License
Approval. The issuance of a license for any license period does not
create an automatic right to approval of a license for a subsequent
license period. Every application shall be reviewed for compliance
with the provisions of this Code.
[R.O. 2009 § 600.055; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
A.
Qualifications For Licenses. No person
shall be granted a license hereunder unless such person is of good
moral character and a qualified legal voter and a taxpaying citizen
of the County or City, 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 taxpaying citizen
of the County or City; and, except as otherwise provided under applicable
law, 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 21st 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 or her business as such dealer any person whose license has
been revoked unless five (5) years have passed since the revocation
as provided by applicable law, 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.
Qualifications.
1.
No person, partnership or corporation
shall be qualified for a license under this Chapter if such person,
any member of such partnership or such corporation, or any officer,
director or any stockholder owning, legally or beneficially, directly
or indirectly, ten percent (10%) or more of the stock of such corporation
or other financial interest therein, or ten percent (10%) or more
of the interest in the business for which the person, partnership
or corporation is licensed, or any person employed in the business
licensed under this Chapter shall have had a license revoked under
this Chapter except as otherwise provided by applicable law, or shall
have been convicted of violating the provisions of any law applicable
to the manufacture or sale of intoxicating liquor since the ratification
of the 21st Amendment to the Constitution of the United States, or
shall not be a person of good moral character.
2.
No license applied for or issued
under this Chapter or Chapter 311, RSMo., shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor so long as any such employee does not
directly participate in retail sales of intoxicating liquor. Each
employer issued a valid liquor license in the City shall report the
identity of any employee convicted of a felony to the City Clerk.
3.
No wholesaler license shall be issued
to a corporation for the sale of intoxicating liquor containing alcohol
in excess of five percent (5%) by weight, except to a resident corporation
as defined in this Section.
C.
The City Clerk shall by regulation require
all applicants for licenses to file written statements, under oath,
containing the information reasonably required to administer this
Section. Statements by applicants for licenses as wholesalers and
retailers shall set out, with other information required, full information
concerning the residence of all persons financially interested in
the business to be licensed as required by regulation. All material
changes in the information filed shall be promptly reported to the
City Clerk.
[R.O. 2009 § 600.056; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
A.
It shall be unlawful for any retail licensee,
licensed to sell intoxicating liquor, malt liquor or light wine, or
his/her employee to permit in, upon or about the licensed premises:
1.
The performance of acts or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law;
2.
The displaying of any portion of
the areola of the female breast or failure to cover the entire areola
and front of the breast with opaque clothing;
3.
The actual or simulated touching,
caressing or fondling of the breast, buttocks, anus or genitals;
4.
The actual or simulated displaying
of the pubic hair, anus, vulva or genitals or failure to cover pubic
hair, anus, vulva or genitals with opaque clothing;
5.
Any person to remain in or upon the
licensed premises who exposes to public view any portion of his/her
genitals or anus or fails at any time to have and keep opaque clothing
over all parts of his/her genitals and anus; and
6.
The displaying of films, video or
DVD programs or pictures depicting acts, the live performances of
which are prohibited by this regulation or by any other law.
B.
Additional unlawful acts for any retail
licensee, licensed to sell intoxicating liquor, malt liquor or light
wine, or his/her employee:
1.
At no time, under any circumstances,
shall any licensee or his/her employees immediately fail to prevent
or suppress any violent quarrel, disorder, brawl, fight or other improper
or unlawful conduct of any person upon the licenses premises, nor
shall any licensee or his/her employees allow any indecent, profane
or obscene language, song, entertainment, literature or advertising
material upon the licensed premises.
2.
In the event that a licensee or his/her
employee knows or should have known, that an illegal or violent act
has been committed on or about the licenses premises, they immediately
shall report the occurrence to the Fenton Police Department and shall
cooperate with all law enforcement authorities and agents of the Division
of Liquor Control during the course of any investigation into an occurrence.
C.
In addition to the licensee and/or his/her employee being subject to all penalties contained in Section 600.110 of this Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked or, in the case of an application for issuance of a subsequent license for a premises, denial.
[R.O. 2009 § 600.057; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
In addition to the requirements and
licenses herein, as a condition precedent to a grant or continued
viability of a liquor license for any premises, all applicants for
and holders of liquor licenses must conform to the City's Land Use
Code regulations on the placement and permitting of certain types
of liquor establishments, as well as requirements for an occupancy
permit and other required permits. Refer to Title IV of this Code.
[R.O. 2009 § 600.060; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
A.
Persons Eighteen (18) Years Of Age Or Older
May Sell Or Handle Liquor Or Beer, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out, intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
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.
4.
Any wholesaler licensed pursuant to this Chapter may employ persons
of at least eighteen (18) years of age to:
a.
Rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor; and
b.
Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle
driver who is twenty-one (21) years of age or older.
5.
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 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.
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 of this Code, or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section.
2.
A first violation of this Section
shall be punishable by a fine not to exceed three hundred dollars
($300.00). A second or subsequent violation shall be punishable by
imprisonment in the County jail for a term not to exceed one (1) year
and/or a fine not to exceed one thousand dollars ($1,000.00). Prior
pleas of guilty and prior findings of guilt shall be pleaded and proven
in the same manner as required by Section 558.021, RSMo.
3.
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)(3)(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.
|
[Ord. No. 4337, 6-22-2023]
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.
[R.O. 2009 § 600.070; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
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
Chapter.
B.
Damaged Carton; Misleading, Omitted Or
Obscured Labels. 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.
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.
[Ord. No. 4337, 6-22-2023]
A.
Notwithstanding any provision of law to
the contrary, entertainment facilities, including, but not limited
to, arenas and stadiums used primarily for concerts, shows, and sporting
events of any kind and entities selling concessions at such facilities
that possess all necessary and valid licenses and permits to allow
for the sale of alcoholic beverages shall not be prohibited from selling
and delivering alcoholic beverages purchased through the use of mobile
applications to individuals attending events on the premises of such
facilities if the facilities are in compliance with all applicable
State laws and regulations regarding the sale of alcoholic beverages.
B.
For purposes of this Section, the term
"mobile application" shall mean a computer program or software designed
to be used on hand-held mobile devices such as cellular phones and
tablet computers.
C.
Any employee of a facility or entity selling
concessions at a facility who delivers an alcoholic beverage purchased
through a mobile application to an individual shall require the individual
to show a valid, government-issued identification document that includes
the photograph and birth date of the individual, such as a driver's
license, and shall verify that the individual is twenty-one (21) years
of age or older before the individual is allowed possession of the
alcoholic beverage.
[R.O. 2009 § 600.080; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
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 City Clerk shall give not less than ten (10) days' written notice to the licensee specifying the grounds for the suspension or revocation thereof 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 600.085 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., the Code of State Regulations
applicable to the conduct of licensees or any employee, agent or servant
of the licensee, 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 or otherwise using materially false statements in the application
for such license under this Chapter;
4.
Maintaining or operating a disorderly place or house or failing to keep an orderly place or house, as defined by Section 600.010;
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.
That the conduct of the business
violates, or the licensed premises or the licensee are in violation
of, any provision of this Code;
7.
The licensed premises have been discontinued
or abandoned;
8.
The licensee, since the issuance
of such license, has ceased to be the person actually engaged in the
active control and management of the particular establishment for
which the license was issued; or
9.
Selling, giving, or otherwise supplying
intoxicating liquor to any person on the licensed premises during
a term of suspension as ordered by the Board of Aldermen.
C.
Automatic Revocation/Suspension. A license
shall be revoked automatically if:
1.
A 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.
2.
A licensee is or has been convicted
in any court of a violation of State laws relating to intoxicating
liquors, or a conviction of a violation of this Chapter.
D.
Effect Of A Suspension. No person whose
license shall have been suspended by order of the Board of Aldermen
shall sell or give away any intoxicating liquor, malt liquor, light
wines 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.
[R.O. 2009 § 600.085; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
A.
Testimony — Evidence. The licensee
shall be given reasonable notice of hearing and the grounds upon which
discipline will be considered. Hearings before the Board of Aldermen
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. Witnesses shall
be subject to direct and cross examination by an attorney representing
the licensee as well as attorneys representing other interested parties.
D.
Decision — Suspension Or Revocation.
If the evidence supports a finding that the license should be revoked
or suspended, 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.
[R.O. 2009 § 600.090; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
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.
[R.O. 2009 § 600.100; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
The City shall have full authority
to inspect and audit the books and financial records of any licensee
hereunder where a condition of the acquisition of said license is
that a percentage of the gross receipts of the licensee shall be from
non-alcohol (e.g., prepared meals or food) sales. Should at any time
the licensee fail to produce the books upon demand of the City, then
this shall be grounds for suspension or revocation of the liquor license.
When a new establishment makes application, and no financial records
presently exist, there shall be an audit performed after three (3)
months of business to determine compliance with the applicable provisions
herein. But in no case shall any liquor license be granted wherein
a condition is that a percentage of gross receipts shall be from other
than alcoholic sales unless the application for said liquor license
substantiates and projects the new establishment to be in compliance
with the law within a three-month period.
[Ord. No. 4337, 6-22-2023]
Any applicant or licensee aggrieved by a decision of the Board or City Clerk under this Chapter may appeal such decision pursuant to the procedures in Chapter 160 of this Code, provided such appeal is filed within ten (10) days of the date of the Board's or City Clerk's decision. To the fullest extent permitted by law, such appeal shall be necessary for applicant or licensee to exhaust his/her remedies. The Board may delay the implementation of its or the City Clerk's order pending appeal.
[R.O. 2009 § 600.110; Ord. No. 3625 § 1, 9-22-2016; Ord. No. 4337, 6-22-2023]
Any person violating any provision of this Chapter shall, upon conviction thereof, be adjudged guilty of an ordinance violation and punished as set out in Section 100.120 of this Code. The establishment of this penalty shall in no way take the place of or interfere with any suspension or revocation proceeding or the disapproval of any application for a subsequent license at a premises.
