City of Harrisonville, MO Chapter 600 Intoxicating Liquor

Article I In General

Section 600.010 Definitions.

When used in this Chapter, the following words shall have the following meanings:

AMUSEMENT PLACE

Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or has a dance floor of at least twenty-five hundred (2,500) square feet or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.

CLOSED PLACE

A place where all doors are locked and where no patrons are in the place or about the premises.

INTOXICATING LIQUOR

Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume, except for non-intoxicating beer as defined herein. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.

LIGHT WINES

An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.

MALT LIQUOR

An intoxicating liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight manufactured from pure hops or pure extract of hops, or pure barley malt, or wholesome grains or cereals, and wholesome yeast, and pure water.

NON-INTOXICATING BEER

Any beer manufactured from pure hops or pure extract of hops, and pure barley malt, or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.

ORIGINAL PACKAGE

Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.

PERSON

An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court.

RESORT

Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.

RESTAURANT BAR

Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.

Section 600.015 Sale By The Drink Defined.

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.

Section 600.020 License Required — Classes of Licenses.

A. No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Harrisonville without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.

B. General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer:

[Ord. No. 3586, 6-6-2022]

1. Package liquor — malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold. This license may include Sunday sales from 6:00 A.M. to 1:30 A.M. on Monday.

2. Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.

3. Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section.

4. 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 from 9:00 A.M. to Midnight.

5. Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold.

6. Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.

C. Sunday Sales. Any person who is licensed under the provisions of this Chapter or who otherwise possess the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 6:00 A.M. to 1:30 A.M. on Monday.

[Ord. No. 3586, 6-6-2022]

1. Package liquor — all kinds: Sales of liquor of all kinds in the original package at retail not for consumption on the premises where sold.

2. Liquor by the drink — restaurant bar: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any restaurant bar.

3. Liquor by the drink — amusement place: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any amusement place.

4. Liquor by the drink — place of entertainment: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any place of entertainment.

D. Permits.

1. Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.

2. Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.

Section 600.030 License Regulations.

A. Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter or law.

B. Newly-Opened Restaurant Bars Or Amusement Places.

1. Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

2. Any new amusement place having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the amusement place can show a projection of gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts are in non-alcoholic sales for the first (1st) year of operation. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

C. Temporary Permit For Sale By Drink — Certain Organizations.

1. The City Clerk may issue a permit for the sale of intoxicating liquor and non-intoxicating beer for consumption on premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization.

2. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating beer on that day beginning at 11:00 A.M.

3. At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.

4. No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at such picnic, bazaar, fair or similar gathering.

D. Operating Hours, Days.

1. No person having a license issued pursuant to this Chapter, nor any employee of such shall sell, give away or permit the consumption of, any intoxicating liquor or non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays, and between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays, upon or about his/her premises, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor or non-intoxicating beer by the drink shall keep a closed place during the aforementioned prohibited times.

[Ord. No. 3586, 6-6-2022]

2. When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter to the contrary.

E. General License Regulations.

1. Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.

2. A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.

3. No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Chapter, may make application and the Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the Clerk, upon being requested, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.

4. In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Supervisor of Liquor Control. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.

F. Druggists May Sell And Physicians Prescribe Liquor. Any druggist may have in his/her possession intoxicating liquor purchased by him/her from a licensed vendor under a license pursuant to State law, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State, and lawfully inspected, gauged and labeled as provided by State law; such intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservant; provided, that nothing in this Chapter shall prevent a regularly licensed druggist, after he/she procures a license therefor, from selling intoxicating liquor in the original package but not to be drunk or the packages opened on the premises where sold; and provided further, that nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his/her professional judgment for any patient at any time or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as above provided.

Section 600.040 Proximity of Place of Sale To Church, School.

[CC 1977 §4-2; Rev. Ords. 1939 Ch. 13 Art. 1 §10; Ord. No. 1195 §1, 10-4-1978; Ord. No. 2757 §1, 3-4-2002]

A. No license shall be granted for the sale or manufacture of alcoholic beverages within three hundred (300) feet of any school, church or other building regularly used as a place of religious worship, unless:

1. The business for the sale or manufacture of alcoholic beverages was established in its present location before the church or school was so located; or

2. The applicant for such license shall first obtain the consent in writing of the majority of the Board of Directors of such school or the consent in writing of the majority of the managing board of such church or place of worship.

3. The measurement of the three hundred (300) feet shall be from property line of the building upon which any school, church or other building regularly used as a place of religious worship is situated to the property line upon which will be situated the business for the sale or manufacture of alcoholic beverages is to be established. "Property line", as such phrase is used in this Section 600.040, shall mean the edge of the pavement of the public right-of-way situated along such boundary or, if such boundary is not contiguous to the public right-of-way, the location of boundary as such boundary is clearly marked or maintained by each such property owner (e.g., fence, edge of lawn, edge of tree line, etc.).

4. The measurement of one hundred (100) feet, building foundation to building foundation, may be used when both establishments in question are located in a commercial zoned area.

Section 600.050 Sale in "Saloon" — Illegal.

[CC 1977 §4-3; Ord. No. 882 §1, 8-19-1970]

A. Nothing in this Chapter shall be so construed as to authorize the sale of intoxicating liquor in the original package, or at retail by the drink for consumption on the premises where sold, in a place commonly known as a "saloon" and no license shall be issued for the sale of intoxicating liquor at retail by the drink for consumption on the premises where sold in a place commonly known as a "saloon" nor in any building or room where there are any blinds, screens, swinging doors, booths, curtains or any other thing in such building or room that will obstruct or obscure the interior of such room from public view.

B. It shall be unlawful for the holder of any license authorized by this Chapter for the sale of intoxicating liquor at retail by the drink for consumption on the premises where sold to keep or secrete or to allow any other person to keep or secrete in or upon the premises described in such license any intoxicating liquor other than the kind of alcoholic beverage expressly authorized to be sold by such licensee.

Section 600.060 Temporary Location For Liquor By The Drink, Caterers — Permit — Fee Required.

A. The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred twenty (120) 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 600.170(11) or (18).

B. Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.

C. Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages, in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.

D. To assure and control product quality, wholesalers may, but shall not be required to, give a retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%) by weight or non-intoxicating beer delivered and invoiced under the catering permit number, but not used, if the wholesaler removes the product within seventy-two (72) hours of the expiration of the catering permit issued pursuant to this Section.

Section 600.070 Minors.

A. Sales To Minor — Exceptions. No licensee, his/her employee, or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to such person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.

B. 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.

C. Minors In Possession Of Intoxicating Liquor, Non-Intoxicating Beer. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor or non-intoxicating beer as defined in Section 600.010 is in violation of this Section.

D. For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor or non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is intoxicating liquor or non-intoxicating beer in such container. The alleged violator may allege that there was no intoxicating liquor or non-intoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor or any non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.

Section 600.080 Miscellaneous Offenses.

[CC 1977 §4-61; Ord. No. 1765 §5, 5-14-1990]

A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this State. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Section.

B. Any retailer licensed pursuant to this Chapter shall not:

1. Sell intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or

2. Repackage intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

C. Mixing Liquor With Drugs Prohibited. No licensee, or any other person, shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.

D. Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the provisions of the Liquor Control Law of Missouri, and any such person upon conviction shall have his/her license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.

E. Only Those Liquors Authorized By License To Be Kept On Premises.

1. It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.

2. Any retailer licensed pursuant to this Chapter shall not:

a. Sell intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or

b. Repackage intoxicating liquor or non-intoxicating beer with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor Or Non-Intoxicating Beer. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor or non-intoxicating beer, or permit such to be sold or supplied, to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.

G. Drinking In Public Places Prohibited.

1. For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare or other public way of the City, or any parking lot.

2. No person shall drink or ingest any intoxicating liquor or non-intoxicating beer in or on any public place.

3. No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor or non-intoxicating beer while in or upon any public place.

4. No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor or non-intoxicating beer while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.

H. Possession In Public Prohibited — Exceptions. It shall be lawful for any person to possess intoxicating liquor in an open container in any public park, place or square when in possession of a valid and authorized permit to possess alcoholic beverages duly issued by the appropriate governmental authority or its agents or employees; and also it shall be lawful to possess alcoholic beverages in an open container on any public or private golf course within the City.

Section 600.090 Warning Sign Displayed — Liquor Licenses.

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.

Article II License [1]

[1] Cross Reference — Licenses, ch. 605.

Section 600.100 Supervisor of Liquor Control.

[CC 1977 §4-29; Rev. Ords. 1939 Ch. 13 Art. 1 §1; Ord. No. 2757 §2, 3-4-2002]

A. There is hereby created a Supervisor of Liquor Control for the regulation, control and issuing of licenses and permits for the sale of intoxicating and non-intoxicating liquors within the corporate limits of the City.

B. The City Administrator or his/her designee shall serve as Supervisor of Liquor Control.

Section 600.110 Chapter 605 Applicable.

[CC 1977 §4-31]

The provisions of Chapter 605 of this Code, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this Article.

Section 600.120 Qualifications.

[CC 1977 §4-32; Ord. No. 806 §1, 1-2-1969; Ord. No. 1195 §1, 10-4-1978; Ord. No. 1276 §1(B), 3-4-1981; Ord. No. 1494 §1, 11-6-1985; Ord. No. 3037 §1, 5-19-2008]

A. Individual. No person shall be granted a license under this Article unless such person is of good moral character and taxpaying citizen of the State, who has paid in full all taxes then due by him/her to the City at the time the application for such license is filed, is in possession of current State of Missouri and Cass County liquor licenses; and no person shall be granted a license whose license as such dealer has been revoked; or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of alcoholic beverages; or who employs or has employed in his/her business as such dealer any person whose license has been revoked; or who has been convicted of violating the provisions of any such law since the date aforesaid.

[Ord. No. 3586, 6-6-2022]

B. Corporations. No corporation shall be granted a license hereunder unless the managing officer of said corporation in all ways complies with the qualifications required of an individual to obtain a license under this Section. A corporation which has three (3) or more current licenses issued by the State Director of Liquor Control for separate locations shall not be required to meet the residency requirement for its managing officer. A corporation which proposes to operate a motel or hotel with at least seventy-five (75) rooms and adjoining restaurant may be issued a license to sell alcoholic beverages as soon as the manager becomes a resident of Cass County and otherwise meets the requirements of this Chapter.

C. Reapplication. No person or corporation who has been denied a license may apply for another alcoholic beverage license for the same location until the expiration of at least ninety (90) days from the date of the first (1st) denial.

Section 600.130 Authority of Supervisor.

[CC 1977 §4-33; Ord. No. 1276 §1(C), 3-4-1981; Ord. No. 2757 §3, 3-4-2002]

All new applications for licenses under the provisions of this Article shall be presented to the Supervisor of Liquor Control who shall obtain background reports from the Chief of Police and from the Fire Chief relative to the proposed location of the business. When new applications or renewals are requested by licensees, the Supervisor of Liquor Control is hereby authorized and empowered to issue licenses provided by this Chapter for the manufacture or sale of alcoholic beverages, at wholesale or retail, and may issue such licenses to applicants who have complied with the terms of this Chapter and have paid the necessary license fee. The Supervisor of Liquor Control shall see that all regulations and provisions of this Chapter and other ordinances of the City and the laws of the State regulating alcoholic beverages are properly enforced.

Section 600.140 Contents of Application.

[CC 1977 §4-34; Ord. No. 806 §1, 1-2-1969; Ord. No. 1195 §1, 10-4-1978; Ord. No. 2757 §4, 3-4-2002]

Application for a license for the manufacture, blending or sale of alcoholic beverages under the provisions of this Article shall be made in writing to the Supervisor of Liquor Control. The application shall contain the name of the applicant, his/her age, residence and the length of time he/she has resided in the City, a particular description of the place where he/she intends to manufacture, blend or sell alcoholic beverages, a statement as to his/her former business, his/her former residence and whether or not he/she has ever been convicted of a misdemeanor or a felony and there may be attached to the application a detailed, financial statement of the applicant showing his/her assets and liabilities. Applicant shall give authorization for a Request for Criminal Record Check release. The application shall be made on forms to be prepared by the Supervisor of Liquor Control and no license shall be issued until the sum prescribed by this Article shall be paid to the City Collector and his/her receipt presented with the application for a license.

Section 600.150 Denial of Application.

[Ord. No. 2757 §5, 3-4-2002]

Should applicant receive written notice of non-issuance and be denied licensing due to any of the provisions of this Chapter, applicant shall have five (5) business days to submit a written appeal and applicant shall have the right to appear before the Board of Aldermen.

Section 600.160 Employee's Liquor Permit Required.

[Ord. No. 2792 §1, 9-16-2002]

A. Permit Required. It shall be unlawful for any person to directly participate in retail service, delivery or dispensation of alcoholic beverages in establishments holding a five percent (5%) beer license for consumption on the premises or a license for liquor by the drink for consumption on the premises, unless the person holds a valid employee liquor permit issued by the Chief of Police. The term "directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages", as used in this Section, shall include accepting delivery of, taking orders for, mixing, serving or assisting in mixing or serving alcoholic beverages while acting in the capacity of, but not limited to, bar manager, bartender, waiter or waitress.

B. Eligibility. No person shall be issued an employee liquor permit by the Chief of Police unless the person is at least eighteen (18) years of age, except as otherwise provided by State law. No person shall be issued an employee permit if the person has been convicted of a felony, is otherwise disqualified by State Statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment or has been issued an alcoholic beverage license or permit from this or any other City or State that is currently suspended or that has been revoked within five (5) years immediately preceding the application.

C. Application — Issuance. All applications for an employee permit shall be submitted on a form supplied by and filed with the Chief of Police and shall be signed by the applicant. The application shall include:

1. The applicant's complete name, home address, home telephone number, date of birth and motor vehicle operator's license or other identification number.

2. The applicant's height, weight, color of eyes, color of hair and sex.

3. A statement by the applicant that he/she has not been convicted of any felony.

4. A statement by the applicant of whether or not the applicant has held an alcoholic beverage license or employee permit and, if so, when and by what State or City the license or permit was issued and whether or not any alcoholic beverage license or permit issued to the applicant has ever been disqualified and, if suspended, revoked or disqualified, when and for what reason.

5. An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant.

6. A photograph of the applicant to be taken by the Chief of Police or his/her agents.

7. The application fee for an employee's liquor permit is listed on the City's Comprehensive Schedule of Fees.[1]

[Ord. No. 3650, 5-1-2023]

[1] Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.

D. Form Of Permit. Each employee liquor permit shall bear the physical description and photograph of the applicant and shall be laminated or be in a form, otherwise approved by the Chief of Police, to prevent alteration.

E. Invalidation, Suspension Or Revocation. If any person who has been issued and holds an employee liquor permit shall be convicted of any felony, the permit shall be void. If any permittee shall violate or contribute to the violation of any provisions of this Chapter, the Chief of Police may file request for a hearing before the City Administrator to consider whether the permit should be suspended or revoked.

F. Employment Of Felons. A retail licensee may employ a person convicted of a felony unrelated to the manufacture or sale of intoxicating liquor, so long as that felon does not directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages. Any retail licensee who employs a felon shall report the identity of that person to the Chief of Police within twenty (20) days of the person's employment and shall notify the Chief of Police within ten (10) days of the person's leaving the licensee's employment using forms provided by the Chief of Police for that purpose.

G. Possession And Exhibition. While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding an employee liquor permit under the provisions of this Section shall be required to have the permit in his/her possession or on the premises of the licensee and the permit shall be exhibited to the Chief of Police or any agent or officer of the Harrisonville Police Department upon demand. Failure of any person to exhibit an employee liquor permit as required by this Subsection shall be prima facie evidence that the person does not hold a permit.

H. Server Permits For Members Of Not-For-Profit Organizations.

1. Members of not-for-profit organizations who dispense alcoholic beverages on the premises of the organization. Any member of a not-for-profit organization who dispenses alcohol on the premises of the organization as a volunteer must obtain a City of Harrisonville server liquor permit and comply with all provisions of this Chapter applicable to such permits, except as further set out in this Section. If the member receives compensation for his/her services in dispensing the alcohol, the person dispensing the liquor must obtain an employee liquor permit and the exceptions set out in this Section will not apply.

2. Application fee. The application fee for any permit issued pursuant to this Section shall be waived.

3. Validity of permit. Any permit issued pursuant to this Section shall be valid only on the premises of the not-for-profit organization of which the person obtaining the permit is a member. The permit will be color-coded to distinguish it from other liquor to aid in enforcement of this restriction and the name of the not-for-profit organization for which the permit is valid will be prominently shown.

4. Volunteers who serve intoxicating liquor by the drink at retail for an organization that has been issued a temporary permit, as described in Sections 600.030 and Section 600.060, are exempt from the requirement to obtain a server’s permit as described in 600.160, Subsection (H).

[Ord. No. 3252 §2, 9-23-2013]

I. Violations And Penalty.

1. Employment of persons without permit. It shall be unlawful for any retail licensee to have in his/her employ, to accept delivery of, take orders for, mixing, serving or assisting in mixing or serving alcoholic beverages any person who does not have an employee's liquor permit issued by the Chief of Police.

2. False representations. It shall be unlawful for any person to use or possess any false or falsified employee's liquor permit issued, or purporting on its face to have been issued, by the Chief of Police for the purpose of using the permit to obtain employment in or to purchase alcoholic beverages from any premises granted a license under the provisions of this Chapter or to misrepresent to any licensee or his/her agent, servant or employee or the Chief of Police or authorized agents or any member the Harrisonville Police Department the person's age to be eighteen (18) years or older.

3. Falsifying permit. It shall be unlawful for any person to manufacture, forge, reproduce in any way or otherwise falsify an employee's liquor permit issued, or purporting on its face to have been issued, by the Chief of Police or to give, lend, sell or otherwise provide to any person a false, falsified, manufactured, forged or reproduced employee's liquor permit issued by the Chief of Police.

4. Use of another's permit. It shall be unlawful for any lawful holder of an employee's permit issued by the Chief of Police to give, lend, sell or otherwise provide the permit to any other person or for any person not the lawful holder of the permit to use the permit for any purpose declared to be unlawful by the provisions of this Chapter or to give, lend, sell or otherwise provide the permit to any other person.

Section 600.170 Fees For Liquor Licenses.

[CC 1977 §4-36; Rev. Ords. 1939 Ch. 13 Art. 1 §5; Ord. No. 1136 §1, 7-20-1977; Ord. No. 1195 §1, 10-4-1978; Ord. No. 1304 §1, 12-16-1981; Ord. No. 1984 §1b, 6-14-1993; Ord. No. 2553 §1, 11-9-1998; Ord. No. 3037 §1, 5-19-2008]

A. Before any license shall be issued for the manufacture or sale of intoxicating liquors in the City, the applicant therefore shall pay to the City one and a half (1 1/2) times the fee(s) described in the State of Missouri Alcohol & Tobacco Laws & Regulations, as distributed by the Missouri State Alcohol & Tobacco Control, for the license requested from the City. An online copy of the fees can be found in the Schedule of Pro-Rated Fees at the below web location:

[Ord. No. 3586, 6-6-2022]

https://atc.dps.mo.gov/documents/liquor-lawbook.pdf

B. All liquor license fees are as established on the City's Comprehensive Schedule of Fees.[1]

[Ord. No. 3650, 5-1-2023]

[1] Editor’s Note: The Comprehensive Schedule of Fees in on file in the City offices.

C. Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).

Section 600.180 (Reserved) [1]

[1] Editor's Note: Former Section 600.180, Fees For Non-Intoxicating Beer Licenses, was superseded by Ord. No. 3650, adopted 5-1-2023. Prior history includes: CC 1977 §4-37; Rev. Ords. 1939 Ch. 13 Art. 1 §5. See now Section 600.170, Fees for Liquor Licenses.

Section 600.190 Issuance Upon Payment of Fee.

[CC 1977 §4-39; Rev. Ords. 1939 Ch. 13 Art. 1 §9; Ord. No. 1276 §1(D), 3-4-1981]

No license required by this Article shall be delivered to any applicant unless such applicant has paid the required fees and has presented proof that the State of Missouri will issue a license, nor shall a license be issued if it has been more than sixty (60) days since the approval of the licensee by the Supervisor of Liquor Control.

Section 600.200 Records.

[CC 1977 §4-40; Rev. Ords. 1939 Ch. 13 Art. 1 §8]

The supervisor shall keep a record of all licenses granted under the provisions of this Article, specifying the kind of beverage authorized to be sold, the name and age of the person to whom granted, a record of all licenses and permits refused by him/her, specifying the reasons therefor and the name of the party and also a record or docket of all proceedings before him/her for the revocation of licenses.

Section 600.210 Expiration.

[CC 1977 §4-41; Rev. Ords. 1939 Ch. 13 Art. 1 §5; Ord. No. 1371 §§1 — 2, 7-6-1983]

All licenses issued under this Article shall expire on the thirtieth (30th) day of June. Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year.

Section 600.220 Location Restricted.

[CC 1977 §4-42]

Every license issued under the provisions of this Article shall particularly describe the premises in which alcoholic beverages may be sold thereunder and such license shall not be deemed to authorize or permit the sale of alcoholic beverages at any place other than that described therein.

Section 600.230 Suspension or Revocation.

[CC 1977 §4-47; Rev. Ords. 1939 Ch. 13 Art. 1 §7; Ord. No. 2757 §6, 3-4-2002]

Any license issued under this Article may be revoked by the Supervisor of Liquor Control for the violation, by the licensee, his/her agents or employees of any applicable provision of this Code of Ordinances, Federal law, State law or City ordinance, rule or regulation. Prior to such revocation, the licensee shall receive written notification of the imminent suspension or revocation. Upon receipt of the notification, licensee shall have five (5) business days to submit a written appeal and the appeal shall be heard at the next scheduled Board of Aldermen meeting. Licensee shall have the right to appear thereat with counsel and witness in his/her behalf. In the event of such suspension or revocation, no portion of the license fee paid by the licensee shall be refunded.