City of Bolivar, MO Chapter 600 Intoxicating Liquor

Section 600.005 Definitions. [1]

[R.O. 2009 § 600.005; R.O. 2007 §§ 600.010, 600.015, 600.016, 600.030, 250.010; Ord. No. 497 § 1, 5-2-1968]

As used in this Chapter, the following terms shall have these prescribed meanings:

FINANCIAL INTEREST

All interest, legal or beneficial, direct or 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 and dividends, preferred dividends, interest and profits, directly or indirectly paid, as compensation for or in consideration of interest in or 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 under the guise of royalties, commissions, salaries or any other form whatsoever.

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. 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.

MALT LIQUOR

An intoxicating liquor containing alcohol not in excess of five percent (5%) and using the ingredients set out in Section 311.490, RSMo.

PERSON

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

SALE BY DRINK

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.

[1] State Law Reference: As to similar State law provisions, §§ 311.020, 311.030, 311.100, 311.200, RSMo.

Section 600.010 License Required. [1]

[R.O. 2009 § 600.010; R.O. 2007 § 600.020]

It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale, either at wholesale or retail, in the City of Bolivar, Missouri, intoxicating liquor, as defined in this Chapter, in any quantity, without first having obtained a license from the City.

[1] State Law Reference: As to similar State law provisions, § 311.050, RSMo.

Section 600.015 No Expansion Of State Law.

[R.O. 2009 § 600.015; R.O. 2007 § 600.025]

Nothing contained herein shall be construed as authorizing the issuance of a license for the sale of intoxicating liquor, unless such a license is required to be issued to qualified applicants under existing or future provisions of the Missouri liquor law, Chapter 311, RSMo.

Section 600.020 Qualifications Of Applicant For License.

[R.O. 2009 § 600.020; R.O. 2007 § 600.040]

A. Qualifications — Individual Applicants. 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, Town, City or Village of which he/she is a resident; and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his/her business as such dealer, any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; provided, that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri 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. Qualification — Entity Applicants. No corporation, limited liability company, partnership or other non-individual (all of which are hereinafter referred to as "entity") shall be qualified for a license under this Chapter, if a stockholder, member, partner or other equity owner owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of a corporation, membership of a limited liability company, partnership interest (either general or limited) of a partnership, or financial interest of any other type of entity, or if a director, officer, manager or employee shall have had a license revoked under this Chapter or under the laws of the State of Missouri 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 Twenty-First Amendment to the Constitution of the United States, or if a stockholder, member, partner or other equity owner of ten percent (10%) or more of the equity interest of an entity, director, officer, manager or employee shall not be a person of good moral character.

C. No license applied for or issued under this Chapter 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 shall report the identity of any employee convicted of a felony to the Division of Liquor Control. The Division of Liquor Control shall promulgate rules to enforce the provisions of this Subsection.

D. Application Requirements. The City Clerk shall require all applicants for licenses to file written statements, under oath, containing the information required by this Section, together with:

1. Proof of the issuance of a Missouri sales tax number;

2. Compliance with the sales tax ordinances of the City for new or existing businesses (as the case may be);

3. Proof that no tax is due by the applicant to the State of Missouri, the County of Polk or the City of Bolivar; and

4. Proof that no taxes, license or other fees or utility usage charges are due the City of Bolivar. 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 this Section. All material changes in the information file shall be promptly reported to the City Clerk.

Section 600.025 Application — Remittance, Made To Whom, Powers.

[R.O. 2009 § 600.025; R.O. 2007 § 600.041; Ord. No. 1400 § 2, 8-31-1994; Ord. No. 2593, 1-12-2006; Ord. No. 2729, 6-25-2007]

A. All applications for licenses mentioned in this Chapter shall be made in writing to the City Clerk. All applications shall be filed with the Clerk for consideration by him/her and shall be accompanied by a proper remittance from the applicant, made payable to the City of Bolivar. Such application shall be accompanied by an appraisal of the merchandise other than fixtures and intoxicating liquors and shall be under oath. Upon receipt of a fully completed application, the City Clerk shall refer such application to the office of the City Attorney for review and opinion as to whether the application is legally sufficient under State law and under the provisions of this Chapter. If the City Attorney shall determine that the application is legally sufficient, the City Clerk shall consider:

1. Whether the applicant meets all of the requirements of the Missouri Liquor Control Law;

2. Whether the applicant meets all of the provisions of this Chapter;

3. Whether a license of the type requested by the applicant is available to be issued;

4. Whether the applicant is current in the payment of all taxes due to the State of Missouri, the County of Polk and the City of Bolivar;

5. Whether the applicant is current in the payment of all license and other fees and utility charges due the City of Bolivar.

If the City Clerk shall determine that the applicant meets each of the five (5) conditions described in Subsections (A)(1) through (5) inclusive of the preceding sentence and the City Attorney shall determine that the application is legally sufficient, the City Clerk shall conditionally issue the license, subject to the applicant obtaining all other required licenses from State and County authorities. If, however, the City Attorney shall determine that the application is not legally sufficient or the City Clerk shall determine that the license should be denied because the applicant fails to meet any of the conditions for licensure set forth in this Chapter, the application shall be denied in writing with a detailed statement of the reasons for the denial.

Section 600.030 Granting Of License.

[R.O. 2009 § 600.030; R.O. 2007 § 600.042; Ord. No. 2593, 1-12-2006]

If the City Clerk shall approve the application for license filed pursuant to the provisions of Section 600.025 of the Code of the City of Bolivar, the license shall grant the applicant the privilege to conduct business in the City at a location specifically described in the application until the expiration of the term of the license. A separate license shall be obtained for all different types of intoxicating liquor at that or any other place that is described in the application. Within thirty (30) days, the licensee shall provide the City Clerk with a copy of the license received from the Supervisor of Liquor Control for the State of Missouri and the Polk County Clerk. Failure of the licensee to provide a copy of such licenses shall automatically revoke the conditional license issued by the City Clerk.

Section 600.035 Procedure If Application Is Denied.

[R.O. 2009 § 600.035; R.O. 2007 § 600.043; Ord. No. 2593, 1-12-2006]

If an application for a license made to the City Clerk pursuant to the provisions of Section 600.025 of the Code of the City of Bolivar shall be denied, the applicant may, within fifteen (15) days after receipt of the notice of denial, file with the City Clerk a notice of appeal to the Board of Aldermen. Such appeal shall state with particularity the grounds upon which the applicant believes that the City Clerk's denial of the application was erroneous. The Board of Aldermen shall conduct a hearing on the appeal at the next regular or special meeting of the Board of Aldermen that is more than ten (10) days after the date the appeal is filed with the City Clerk. At the hearing, the applicant may produce such testimony or documentary evidence as the applicant believes supports the applicant's claim of error. The City Clerk may produce such testimony or documentary evidence as the Clerk believes supports his/her denial of the application. Formal rules of evidence shall not apply but all witnesses shall be sworn on oath or affirmation. After hearing and seeing the evidence, the Board of Aldermen shall render a decision within ten (10) days after the close of the hearing. The issue to be submitted to the Board of Aldermen shall be "Shall the City Clerk's denial of a liquor license to [name of applicant] be reversed". If a majority of the members of the Board of Aldermen voting on the proposition shall vote affirmatively, the City Clerk shall forthwith issue the license as if it had originally been approved. If a majority of the members of the Board of Aldermen voting on the proposition shall fail to vote in favor thereof, the denial of the application by the City Clerk shall be sustained and no license shall be issued.

Section 600.040 Licenses — Retail Liquor Dealers — Applications.

[R.O. 2009 § 600.040; R.O. 2007 § 600.046; Ord. No. 1302 § 1, 6-10-1993; Ord. No. 2729, 6-25-2007]

A. 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 drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen, 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 liquors shall be consumed upon the premises where sold, nor shall any original package be opened on the premises of the licensee, except as otherwise provided in this Chapter.

B. A license may also be issued to an applicant who is qualified under Subsection (A) of this Section for the sale of malt liquor containing alcohol not in excess of five percent (5%) by weight in the original package direct to consumers but not for resale.

C. The phrase "original package" shall be construed and held to refer to 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.

D. Notwithstanding the provisions of Section 311.290, RSMo., any person licensed pursuant to Subsection (B) of this Section may also sell malt liquor at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays; and further notwithstanding the provisions of this Chapter, any person possessing the qualifications and meeting the requirements of this Chapter who is licensed to sell intoxicating liquor in the original package at retail pursuant to Section 311.200, RSMo., may apply to the City for a special license to sell intoxicating liquor in the original package at retail between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays.

[Ord. No. 3845, 3-28-2023]

Section 600.045 Resorts, Seasonal Resorts Restaurants — Sale Of Liquor By The Drink — Resort Defined — Temporary License For New Businesses — When.

[R.O. 2009 § 600.045]

A. Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City Clerk may issue, a license to sell intoxicating liquor, as defined in this Chapter, by the drink at retail for consumption on the premises of any resort as described in the application. As used in this Section, the term "resort" means 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 (B) of this Section. 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 receipts requirements of this Subsection, 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 new resort or restaurant establishment 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 for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of an annual gross receipts of not 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. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

B. A seasonal resort restaurant is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty percent (50%) of all gross sales of such restaurant shall be sales of prepared meals. Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty percent (50%) shall be sales of prepared meals. The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid. Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license. Nothing in this Subsection shall prohibit a seasonal resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this Chapter.

C. The times for opening and closing the establishments as fixed in Section 311.290, RSMo., the authority for the collection of fees by Cities as provided in Section 311.220, RSMo., and all other laws and regulations of the State relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to resorts in the same manner as they apply to establishments licensed under Section 311.090, RSMo.

Section 600.050 Common Eating And Drinking Areas Defined — Licenses For Sale Of Liquor By The Drink — Not For Consumption On Premises — Fees — Extended Hours For Convention Trade Areas.

[R.O. 2009 § 600.055]

A. As used in this Section, the term "common eating and drinking area" means an area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor; where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of such areas, or otherwise; and where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is, or is projected to be, at least two hundred seventy-five thousand dollars ($275,000.00).

B. Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, or who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the Supervisor of Liquor Control may issue, a license to sell intoxicating liquor, as defined in this Chapter, by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for such license. The times for selling intoxicating liquor as fixed in Section 311.290, RSMo., the authority for the collection of fees by Cities as provided in Section 311.220, RSMo., and all other laws and regulations of this State relating to the sale of intoxicating liquor by the drink shall apply to each establishment licensed under this Subsection in the same manner as they apply to establishments licensed under Sections 311.085 and 311.090, RSMo.

C. Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City Clerk may issue, a license to sell intoxicating liquor, as defined in this Chapter, between the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for such license.

[Ord. No. 3846, 3-28-2023]

D. Any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, may apply to the Supervisor of Liquor Control for a special permit to remain open on all days of the week except Sunday between the hours of 1:30 A.M. to 3:00 A.M. The provisions of Subsection (C) of this Section shall apply to the sale of intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area on Sunday. To qualify for such a permit, the premises of such an applicant must be located in an area which has been designated as a convention trade area by the Board of Aldermen of the City of Bolivar.

Section 600.055 Temporary Location To Sell Liquor By Drink — Permit And Fee Required — Other Laws Applicable.

[Ord. No. 3746, 7-26-2022]

A. The City Clerk may issue a temporary permit to caterers and other such persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and services for use at a particular function, occasion, or event at a particular location other than the licensed premises, effective for a period not to exceed one hundred twenty (120) consecutive hours. Such license 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 a prorated fee for the period of the temporary license based on the cost of the annual license for sale of liquor by the drink for consumption on premises.

B. All the provisions of this Chapter shall extend to the premises and shall be in force and enforceable all the time that the licensee, its agents, servants, employees or stock are in such premises. This Section does not include the sale of packaged goods.

Section 600.060 Permit For Tasting Of Intoxicating Liquors — Fee.

[R.O. 2009 § 600.060; R.O. 2007 § 600.051]

A. Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under Section 600.040 of the Code of the City of Bolivar, may apply to the City of Bolivar for a special permit to conduct tastings of intoxicating liquor on the licensed premises. For purposes of this Section, "intoxicating liquor" will have the same definition as in Section 600.005 and shall specifically include wine and malt liquor.

B. To secure the permit, the applicant shall supply to the City Clerk a copy of the completed "Application for Original Package Tasting License" provided by the Missouri Department of Public Safety — Division of Alcohol and Tobacco Control, but no applicant shall be required to furnish a personal photograph as part of the application.

C. Nothing in this Section shall be construed to permit the licensee to sell intoxicating liquors for on-premises consumption.

Section 600.065 Controlled Access Liquor Cabinet System For Qualified Establishments Definitions — Licenses — Employees' Requirements — Temporary License, When — Sales To Establishment, Requirements. [1]

[R.O. 2009 § 600.065; R.O. 2007 § 600.075]

A. As used in this Section, the following terms mean:

CONTROLLED ACCESS LIQUOR CABINET

A closed container, either refrigerated in whole or in part or non-refrigerated, access to the interior of which is restricted by means of a locking device which requires the use of a key, access by means of a locking device as hereinabove described.

CONTROLLED ACCESS LIQUOR CABINET SYSTEM

A system for the sale of intoxicating liquor in qualified packages or containers in the rooms provided for the overnight accommodation of transient guests in a qualified establishment by means of a controlled access liquor cabinet, and such systems shall permit the licensee to maintain in the rooms provided for the overnight accommodation of transient guests a controlled access liquor cabinet, in which such licensee may maintain for sale intoxicating liquor in qualified packages or containers, together with, if desired, other beverages or food, and such systems shall permit the adult registered guests of the room in which such controlled access liquor cabinet is located to use the key, magnetic card or other similar device to gain access to such controlled access liquor cabinet to obtain the intoxicating liquor or other beverages or food for consumption.

QUALIFIED ESTABLISHMENT

Any establishment having at least forty (40) rooms for the overnight accommodation of transient guests and 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, which restaurant's annual gross food sales for the past two (2) years immediately proceeding its application for a license shall not have been less than one hundred thousand dollars ($100,000.00) per year or, if such restaurant has been in operation for less than two (2) years, such restaurant has been in operation for at least ninety (90) days preceding the application for license for sale of intoxicating liquor by means of controlled access liquor cabinets and has a projected experience, based upon its sale of food during the preceding ninety (90) days, which would exceed one hundred thousand dollars ($100,000.00) per year.

QUALIFIED PACKAGES OR CONTAINERS

Packages or containers for intoxicating liquor which holds not less than fifty (50) milliliters and not more than two hundred (200) milliliters.

REGISTERED GUESTS

Each person who signs his/her name to the guest register of the qualified establishment, or takes some other equivalent action, for the purpose of registering as a guest of such qualified establishment.

ROOM

A room in a qualified establishment which is intended to be used and which is provided for the overnight accommodation of transient guests.

B. Any person who possesses the qualifications required by this Chapter and who now or hereafter meets the requirements of and complies with the provisions of this Chapter and who operates a qualified establishment and is licensed to sell liquor by the drink at retail with respect to such qualified establishment may apply for, and the City Clerk may issue, a license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system on and subject to the following conditions:

1. The key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room may be provided only to each adult registered guest of legal age to possess intoxicating liquor who is registered to stay in such room;

2. Prior to providing a key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room to the registered guests, the licensee shall verify that each registered guest, to whom such key, magnetic card or similar device is to be provided, is not a minor as defined by Section 311.310, RSMo.;

3. All employees handling the intoxicating liquor to be placed in a controlled access liquor cabinet, including, without limitation, any employee who inventories and/or restocks and replenishes the intoxicating liquor in the controlled access liquor cabinet, shall be at least eighteen (18) years of age and shall obtain such employee permits as the City of Bolivar requires to be obtained by employees of the restaurant operated at such qualified establishment; provided however, that no such employee permits shall be required by any employee who handles intoxicating liquor in the original case and who does not open such original case;

4. Registered guests may use the key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in such registered guest's room at any time; provided however, that no controlled access liquor cabinet may be restocked or replenished with intoxicating liquor, nor shall any intoxicating liquor be delivered to a room in order to restock or replenish the supply of intoxicating liquor in the controlled access liquor cabinet at any time when the restaurant operated at the qualified establishment is not permitted to sell liquor by the drink at retail, pursuant to the provisions of this Chapter;

5. Upon request from the registered guests, at anytime, the qualified establishment shall cause all intoxicating liquor to be removed from the controlled access liquor cabinet in the room of such registered guests as soon as reasonably practicable; and

6. The qualified establishment shall have the right to collect payment for intoxicating liquor or other beverages or food taken from the controlled access liquor cabinet in the room of the registered guests in such manner as it shall be determined to be appropriate, including, without limitation, the inclusion of such charges, together with the charges made to such registered guests for the use of the room or for the purchase of meals that the restaurant operated at such qualified establishment.

C. Any new qualified establishment, having been in operation for less than ninety (90) days, may be issued a temporary license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system for a period not to exceed ninety (90) days, if such establishment can show a projection of an annual business from prepared meals or food which would exceed not less than one hundred thousand dollars ($100,000.00) per year.

D. In addition to any right to sell granted pursuant to any other provision of this Chapter, a duly licensed wholesaler shall be permitted to sell intoxicating liquor to a qualified establishment in any size of qualified packages or containers for use in a controlled access liquor cabinet system; provided however, that as to any size of qualified packages or containers which could not be legally sold to the qualified establishment, except for the provisions of this Section, any such size of qualified packages or containers shall be sold by the qualified establishment only by means of the controlled access liquor cabinet system.

[1] State Law Reference: As to similar State law provisions, § 311.099, RSMo.

Section 600.070 Limited Permit To Sell Malt Liquor — Who May Obtain — Time Limited. [1]

[R.O. 2009 § 600.070; R.O. 2007 § 600.080]

A. Notwithstanding the other provisions of this Chapter, a permit for the sale of malt liquor as defined in Section 600.005 for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor at a picnic, bazaar, fair or similar gathering. Said permit shall be issued only for the day or days named therein and it shall not authorize the sale of aforesaid malt liquor for more than seven (7) days by any said organization as described above in any fiscal year.

B. To secure the permit, the applicant shall file with the City Clerk a copy of the completed form provided by the Supervisor of Liquor Control for the State of Missouri for a temporary license as authorized by this Section, however, no applicant shall be required to furnish a personal photograph as part of the application.

C. If the event will be held on a Sunday, the permit shall authorize the sale of malt liquor on that day beginning at 6:00 A.M.

[Ord. No. 3847, 3-28-2023]

D. At the same time that an applicant applies for a permit under the provisions of this Section, 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. Any sales tax due shall be paid to the Director of Revenue within fifteen (15) days after the close of the event, and failure to do so shall result in a liability of triple the amount of the tax due plus payment of the tax, and denial of any other permit for a period of three (3) years. Under no circumstances shall a bond be required from the applicant.

E. 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.

[1] State Law Reference: As to similar State law provisions, § 311.215, RSMo.

Section 600.075 Temporary Permit For Sale By Drink May Be Issued To Certain Organizations, When, Duration — Collection Of Sales Taxes, Notice Of Director Of Revenue. [1]

[R.O. 2009 § 600.075; R.O. 2007 § 600.085]

A. Notwithstanding any other provision of this Chapter of the Code of the City of Bolivar, in lieu of a permit issued under Section 600.070 of the Code of the City of Bolivar, a permit for the sale of intoxicating liquor as defined in this Chapter for consumption on premises where sold may be issued to any church, school, civic, service fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization in any fiscal year.

B. To secure the permit, the applicant shall file with the City Clerk a copy of the completed form provided by the Supervisor of Liquor Control for the State of Missouri for a temporary license as authorized by this Section; however, no applicant shall be required to furnish a personal photograph as part of the application.

C. 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.

[Ord. No. 3848, 3-28-2023]

[1] State Law Reference: As to similar State law provisions, § 311.482, RSMo.

Section 600.080 Fourth Of July Celebrations, Temporary Permits For Wine And Malt Liquor For Certain Organizations — Fee. [1]

[R.O. 2009 § 600.080; R.O. 2007 § 600.090]

A. Other provisions of this Chapter to the contrary notwithstanding, a permit for the sale of wine and malt liquor for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. Such permit shall be issued only during the period from June 15 to July 15 annually and only for the day or days named therein and it shall not authorize the sale of wine and malt liquor except between the hours of 10:00 A.M. and Midnight and for not more than seven (7) days by any such organization. The permit may be issued to cover more than one (1) place of sale within the general confines of the place where the gathering or event is held; provided, however, no permit shall be issued to any organization which selects or restricts the membership thereof on the basis of race, religion, color, creed or place of national origin. No provision of this Chapter shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the permit at such gathering or event.

B. As used in this Section, the term "wine" means a beverage containing not in excess of fourteen percent (14%) of alcohol by weight.

[1] State Law Reference: As to similar State law provisions, § 311.218, RSMo.

Section 600.085 License For Sale Of Malt Liquor Only — Certain Restrictions. [1]

[R.O. 2009 § 600.085; R.O. 2007 § 600.095]

A. It shall be unlawful for any person holding a license for the sale of malt liquor only to possess, consume, store, sell or offer for sale, give away or otherwise dispose of upon or about the premises mentioned in said license or, upon or about said premises, to suffer or permit any person to possess, consume, store, sell or offer for sale, give away or otherwise dispose of any intoxicating liquor of any kind whatsoever other than malt liquor brewed or manufactured by the method in the manner and of the ingredients required by the laws of this State. Upon a conviction under this Section becoming final, the license of the person so convicted shall forthwith, and without other or further action, order or proceeding, be deemed to have been revoked and shall by the licensee be forthwith surrendered to the City Clerk and canceled.

B. No license for the sale of malt liquor only shall be issued to any person having in his/her possession or on the premises to be licensed a Federal excise or occupational tax stamp or receipt designating such person or premises as the person or place for dealing in intoxicating liquor other than malt liquors or evidencing the payment of a tax for being a dealer in liquors other than malt liquors. If any person having a license for the sale of malt liquors only shall have in his/her possession or on the licensed premises a Federal excise or occupational tax stamp or special tax receipt designating such person or premises as the person or place for dealing in intoxicating liquors, except malt liquors, or evidencing the payment of a tax for being a dealer in liquor other than malt liquors, the license of such person shall be revoked by the City Clerk. In any prosecution for the violation of this Section, evidence that the defendant has in his/her possession or upon the premises in question a Federal excise or occupational tax stamp or special tax receipt designating such person or premises as the person or place for dealing in intoxicating liquors other than malt liquors or evidencing the payment of a tax for being a dealer in liquors other than malt liquors shall be deemed prima facie evidence of a violation of the provisions of this Section.

C. It shall be unlawful for any person holding a license for the sale of malt liquor only to have in his/her possession or upon the licensed premises a Federal excise or occupational tax stamp or receipt designating such person or premises as the person or place for dealing in intoxicating liquors, except malt liquors, or evidencing the payment of a tax for being a dealer in liquor other than malt liquors or for a term to expire after the expiration of his/her permit.

[1] State Law Reference: As to similar State law provisions, § 311.270, RSMo.

Section 600.090 Time Fixed For Opening And Closing Premises — Closed Place Defined.

[R.O. 2009 § 600.090]

No person having a license issued pursuant to this Chapter or Chapter 312, RSMo., 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. Sunday and 6:00 A.M. Monday upon or about his or her premises. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section 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. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.

Section 600.095 Sale Of Liquor Prohibited Near Schools And Churches.

[R.O. 2009 § 600.095]

A. No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within three hundred (300) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent, in writing, of the Board of Aldermen, except that when a school, church or place of worship shall hereafter be established within three hundred (300) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for 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 three hundred (300) feet of the proposed licensed premises.

B. Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization which has obtained an exemption from the payment of Federal taxes.

C. Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.

Section 600.100 Amount Of License Fee.

[R.O. 2009 § 600.100]

The amount of the license fee to be paid to the City of Bolivar before any license is issued shall be one hundred fifty percent (150%) of the amount now or hereafter set by law for payment to the State of Missouri for the issuance of a license of the same type for which application is made.

Section 600.105 License Non-Transferable. [1]

[R.O. 2009 § 600.105; R.O. 2007 § 600.110]

A. No license issued under this Chapter shall be transferable or assignable, except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law, may make application and the City Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased.

B. Whenever one (1) or more partners of a partnership withdraws from the partnership, the City Clerk, upon being requested to do so in writing, 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.

[1] State Law Reference: As to similar State law provisions, § 311.250, RSMo.

Section 600.110 Duration Of License. [1]

[R.O. 2009 § 600.110; R.O. 2007 § 600.115; Ord. No. 3674, 8-24-2021]

A. Each license issued pursuant to this Chapter shall run from July 1 to June 30 of the following year and the fees for such licenses shall be paid annually in advance. Licenses may be issued for part of a year for businesses commenced after July 1 and proportional fees charged based upon the number of months such license is to run and shall expire on the June 30 next succeeding the date of such license, unless revoked for causes herein provided.

B. As soon as is practical following June 30 of each calendar year, but in any event not later than July 30 of each calendar year, the City Clerk will make a list of all liquor licenses issued pursuant to this Chapter that expired without renewal in that calendar year. The City Clerk will send notices to all expired liquor license holders at their last known mailing address notifying them of their expired status and providing them with not less than ten (10) days and not more than thirty (30) days from the date of notice to comply with the provisions of this Chapter, and notifying them of their obligation to immediately cease the sale of alcoholic beverages pending compliance with the provisions of this Chapter. Notwithstanding the foregoing provisions, nothing in this Section will be deemed or construed to waive the City's right to immediately enforce the provisions of this Chapter against holders of expired liquor licenses following the expiration or termination of said license.

[1] State Law Reference: As to similar State law provisions, § 311.240, RSMo.

Section 600.115 Restriction Regarding Premises Where Sold.

[R.O. 2009 § 600.115; R.O. 2007 § 600.120]

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 other place other than that described therein.

Section 600.120 Unauthorized Liquors Prohibited On Premises Licensed For Sale By Drink.

[R.O. 2009 § 600.120]

It shall be unlawful for the holder of any license authorized by this Chapter, for the sale of any 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 liquor expressly authorized to be sold by such license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.

Section 600.125 Mixing Liquor With Drugs Prohibited. [1]

[R.O. 2009 § 600.125; R.O. 2007 § 600.130]

No holder of a license under this Chapter 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.

[1] State Law Reference: As to similar State law provisions, § 311.340, RSMo.

Section 600.130 Misrepresentation Of Brand Of Liquor Unlawful. [1]

[R.O. 2009 § 600.130; R.O. 2007 § 600.140]

No person holding a license or permit shall sell malt liquor or any other intoxicating liquor in this State or shall offer for sale any such malt liquor or other intoxicating liquor whatsoever brewed, manufactured or distilled by one (1) manufacturer in substitution for or with the representation that any such malt liquor or other intoxicating liquor is the product of any other brewer, manufacturer or distiller.

[1] State Law Reference: As to similar State law provisions, § 311.360, RSMo.

Section 600.135 Renewal Applications. [1]

[R.O. 2009 § 600.135; R.O. 2007 § 600.150]

Applications for renewal of licenses must be filed on or before May 15 of each calendar year.

[1] State Law Reference: As to similar State law provisions, § 311.240, RSMo.

Section 600.140 Eating Places, Drinking Of Intoxicating And Non-Intoxicating Liquor On Premises, License Required, When, Hours — Regulations — Violations And Penalties — Exceptions.

[R.O. 2009 § 600.140]

A. It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor in the premises, without having a license as in this Section provided.

B. Application for such license shall be made to the City Clerk on forms to be prescribed by him/her, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this Section. A license shall be required for each separate premises and shall expire on the June 30 next succeeding the date of such license. The license fee shall be ninety dollars ($90.00) per year and the applicant shall pay seven dollars fifty cents ($7.50) for each month or part thereof remaining from the date of the license to the next succeeding July 1. Applications for renewals of licenses shall be filed on or before May 1 of each year.

C. The drinking or consumption of intoxicating liquor shall not be permitted in or upon the licensed premises by any person under twenty-one (21) years of age or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Section, the laws of the State of Missouri and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. No person shall be granted a license hereunder unless such person meets the same requirements as set forth in Section 600.020 of this Chapter.

D. Any premises operated in violation of the provisions of this Section, or where intoxicating liquor is consumed in violation of this Section, is hereby declared to be a public and common nuisance, and it shall be the duty of the City Attorney to enjoin such nuisance.

E. Any person operating any premises, or any employee, agent, representative, partner, or associate of such person, who shall knowingly violate any of the provisions of this Section, or any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of an ordinance violation.

F. The City is hereby empowered to promulgate regulations that are not inconsistent with the laws or regulations of the State of Missouri that are necessary or reasonably designed to enforce or construe the provisions of this Section, and the City Clerk is empowered to revoke or suspend any license issued hereunder, as provided in this Chapter, for violation of this Section or any of the laws or regulations herein made applicable to the conduct of premises licensed hereunder.

G. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.

H. No intoxicating liquor may be served or sold on any premises used as a polling place on election day.

Section 600.145 Minors.

[R.O. 2009 § 600.145]

A. Persons 18 Years Of Age Or Older May Sell Or Handle Intoxicating Liquor, When.

1. Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.

2. In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for, and sack for carry-out, intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee's gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.

3. In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor but which does not sell intoxicating liquor at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail.

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 or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.

2. Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.

3. It shall be a defense to prosecution under this Subsection if:

a. The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;

b. The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and

c. To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.

C. Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.

1. No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.

2. In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.

D. Minors In Possession Of Intoxicating Liquor.

1. No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.005, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood.

2. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person.

a. "Full information" is limited to the following:

(1) The type of test administered and the procedures followed;

(2) The time of the collection of the blood or breath sample or urine analyzed;

(3) The numerical results of the test indicating the alcohol content of the blood and breath and urine;

(4) The type and status of any permit which was held by the person who performed the test;

(5) If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.

b. "Full information" does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.

3. Exception.

a. The provisions of this Subsection shall not apply to a student who:

(1) Is eighteen (18) years of age or older;

(2) Is enrolled in an accredited college or university and is a student in a culinary course;

(3) 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

(4) Tastes a beverage under Subsection(D)(3)(a)(3) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

b. 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.

Section 600.148 Burden Of Proof On Violator Concerning Manufacturer-Sealed Container.

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.

Section 600.150 Individuals Who May Rely Upon The Driver's License As Identification.

[R.O. 2009 § 600.150; R.O. 2007 § 600.200]

A. A valid and unexpired operator's or chauffeur's license issued under the provisions of Section 302.177, RSMo., or a valid and unexpired operator's or chauffeur's license issued under the laws of any State or territory of the United States to residents of those States or territories, or a valid and unexpired identification card as provided for under Section 302.181, RSMo., or a valid and unexpired identification card issued by any uniformed service of the United States, or a valid and unexpired passport shall be presented by the holder thereof upon request of any Police Officer or any licensee or the servant, agent or employee thereof for the purpose of aiding the licensee or the servant, agent or employee to determine whether or not the person is at least twenty-one (21) years of age when such person desires to purchase or consume alcoholic beverages procured from a licensee. Upon such presentation the licensee or the servant, agent or employee thereof shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.

B. Upon proof of the licensee of full compliance with the provisions of the Section, no penalty shall be imposed if the court is satisfied that the licensee acted in good faith.

Section 600.155 Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler.

[R.O. 2009 § 600.155]

A. It shall be unlawful for any person in this City holding a retail liquor license 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. Any person violating any provision of this Section shall be deemed guilty of an ordinance violation.

B. 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.

Section 600.160 Certain Holidays, Sale By The Drink On Sunday Allowed.

[R.O. 2009 § 600.160]

When January 1, March 17, July 4 or December 31 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.

Section 600.170 Unlawful To Sell Unlabeled Liquor. [1]

[R.O. 2009 § 600.170; R.O. 2007 § 600.240]

It shall be unlawful for any person to sell any intoxicating liquors, as defined in this Chapter, within this State, which have not been inspected and labeled according to the provisions of State law and, in addition thereto, shall have his/her license or other authority, giving him/her the right to manufacture or sell said liquors in this City, revoked and shall not again receive any such license or other authority for a period of two (2) years thereafter.

[1] State Law Reference: As to similar State law provisions, § 311.600, RSMo.

Section 600.175 Sales And Use Tax Must Be Paid To Obtain License — Statement Required. [1]

[R.O. 2009 § 600.175; R.O. 2007 § 600.250]

Before any license is issued or renewed under the provisions of this Chapter of the Code of the City of Bolivar, the City Clerk shall require a statement from the Director of Revenue that the applicant has paid all sales and use taxes due, including all penalties and interest, or does not owe any sales or use tax and must have a valid sales tax number issued by the Missouri Department of Revenue.

[1] State Law Reference: As to similar State law provisions, § 311.665, RSMo.

Section 600.180 Grounds For Suspension Or Revocation — Notice Of Proposed Suspension Or Revocation.

[R.O. 2009 § 600.180]

A. The City Clerk or his/her designee may, in addition to other penalties provided by ordinance, suspend or revoke a license issued under this Chapter if the licensee or his/her employees or agents violate any of the following provisions:

1. An offense resulting in a conviction involving the use of force or violence upon the person of another in the operation of the business of the licensee; or

2. A conviction, plea of guilty or a finding of guilt of a crime involving a felony or an offense under Federal or State law, or the ordinances of this or any other municipality, involving moral turpitude by the licensee or any of the officers or directors of a corporate licensee, the members of a limited liability company licensee or a general partner of a partnership licensee or the managing officer of the licensee; or

3. Any false, misleading or fraudulent statement of fact in the license application for the licensee or in any other document required by the City in conjunction therewith; or

4. Violation of any of the provisions of this Chapter; or

5. Violation of the laws of the State or the United States of America or any rule or regulation pertaining to the sale and licensing of intoxicating liquor; or

6. Operation of the business in such a manner that it constitutes a nuisance to the neighborhood in which it is located; or

7. Conduct by the officers, members, partners, employees or managing officers of the licensee such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises, or other similar conduct which shows improper conduct by an individual who is licensed pursuant to this Chapter. For purposes of this Section, the term "premises" shall include the licensed premises, the parking lots and the area around the business which is owned, used and maintained as part of the business.

B. The City Clerk or his/her designee shall notify the licensee in writing of the intended action and the reasons therefor and of the right to request a hearing in regard thereto. The action indicated in the written notice shall be final unless the licensee shall file a written request for hearing with the City Clerk within ten (10) days of the notice. If a notice of hearing is received, the Director of Finance shall proceed in accordance with Section 600.185.

Section 600.185 Hearing On Denial Or Proposed Suspension Or Revocation.

[R.O. 2009 § 600.185]

Any person who has been denied a license or renewal thereof by the Director of Finance under this Chapter or who is licensed pursuant to this Chapter and who has received a notice of intent to suspend or revoke the license may request a hearing before the City Administrator or a hearing officer designated by the City Administrator. Requests for such hearings shall be filed with the City Clerk within ten (10) days after notice is given of the denial or the intention to suspend or revoke. Upon receipt of a timely written request for hearing, the City Administrator, or a hearing examiner designated by the City Administrator, shall call a hearing and shall set forth in writing and send to the applicant or licensee or permittee, by means of registered mail, certified mail or hand delivery, notice that, within a period of not less than five (5) days and not more than fourteen (14) days from the date of the mailing of the notice, a hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The notification shall include the date, time and place of the hearing. The City Administrator is hereby authorized to appoint a hearing examiner who shall have authority to conduct the hearing as set forth in this Section. The applicant or licensee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. If the applicant or licensee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension or revocation of the license or permit shall be considered unrebutted. The hearing need not be conducted according to the rules of evidence. Any relevant evidence may be admitted and considered by the City Administrator if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing officer. The hearing officer shall have authority to rule on all issues of law and fact. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The final decision shall be issued in written form within thirty (30) days of the completion of the hearing. For purposes of appeal, the decision of the hearing officer shall be final. Upon a final decision being rendered, the parties shall be informed of the right to appeal under the provisions of the Administrative Procedure Act, Chapter 536, RSMo. Any decision not appealed within thirty (30) days from the date of a decision is final. Upon receipt of the notice of appeal, the record shall be prepared immediately and filed with the appropriate court and the hearing officer's order shall be stayed.

Section 600.190 Reissuance Of License After Revocation.

[R.O. 2009 § 600.190]

Whenever the City has revoked a license issued pursuant to the provisions of this Chapter, it shall be necessary before any license is issued to operate a liquor establishment at the same location that the procedures for issuance of a license be followed as set forth in this Chapter.

Section 600.195 Prerequisites For Renewal.

[R.O. 2009 § 600.195]

Before the City Clerk renews a liquor license issued under this Chapter, the Clerk shall determine if the applicant has complied with the laws of the City pertaining to liquor establishments. If the Clerk determines that the applicant has failed to comply with the ordinances of the City, the Clerk shall not issue the license and shall notify the applicant pursuant to Section 600.185.

Section 600.200 Revocation Shall Forfeit License Fee.

[R.O. 2009 § 600.200; R.O. 2007 § 600.280]

In case of revocation or forfeiture of any license granted and issued under the provisions of this Chapter for cause or otherwise, the City shall in no event return any part of the license fee paid for such license.

Section 600.205 Fees Paid Into General Revenue Fund. [1]

[R.O. 2009 § 600.205; R.O. 2007 § 600.290]

All fees collected by the City Clerk as provided for in this Chapter, including licenses, inspection and gauging fees, shall be paid into the City Treasury to the credit of the general City revenue fund.

[1] State Law Reference: As to similar State law provisions, § 311.730, RSMo.

Section 600.210 Maintaining Public Nuisance. [1]

[R.O. 2009 § 600.210; R.O. 2007 § 600.300]

A. Any room, house, building, boat, vehicle, structure or place of any kind where intoxicating liquor is sold, manufactured, kept for sale or bartered in violation of this Chapter and all intoxicating liquors and all property kept and used in maintaining such a place and any still, doubler, worm, worm tub, mash tub, fermenting tub, vessel, fixture or other property of any kind or character used or fit for use in the production or manufacture of intoxicating liquor is hereby declared to be a public and common nuisance, and it shall be unlawful for any person to maintain or assist in maintaining such public and common nuisance.

B. If a person has knowledge or reason to believe that his/her property, real or personal, vehicle, boat or structure is occupied or used for the manufacture, sale, storing, keeping or bartering of intoxicating liquor in violation of the provisions of this Chapter and suffers the same to be so used or maintains or keeps therein any still, doubler, worm, worm tub, mash tub, fermenting tub or fixture used or fit for use in the production or manufacture of intoxicating liquor illegally, after such knowledge or reason to believe such property shall be subject to a lien for and may be sold to pay all fines and costs assessed against the occupant of such building or property for any violation of this law occurring after the passage thereof, which said lien shall attach from the time of filing of notice of commencement of the suit in the office where the records of the transfer of real estate are kept and any such lien may be established and enforced by legal action instituted for that purpose in any court having jurisdiction.

C. Such lien shall be released upon final judgment assessing no fines or costs or by paying the final judgment assessing fine and cost.

[1] State Law Reference: As to similar State law provisions, § 311.740, RSMo.

Section 600.215 Temporary outdoor consumption.

[Ord. No. 3746, 7-26-2022]

A. Issuance Of Temporary Outdoor Consumption Permit. The Board of Aldermen may, when in the Board of Aldermen's sole discretion, it deems it beneficial to fostering community spirit and tourism, issue a temporary outdoor consumption permit in a defined area as may be approved by the Board of Aldermen in the Board of Aldermen's sole discretion and upon such conditions as the Board of Aldermen may deem appropriate. The temporary outdoor consumption permit may only be issued after proper application has been received by the City Clerk. The Board of Aldermen may place such terms and conditions on the temporary outdoor consumption permit as it in its sole discretion deems appropriate.

B. Conditions Of Temporary Outdoor Consumption Permit. Within the permit area and during the times of the permit:

1. Sections 225.670 and 225.750 (regarding noise abatement) of this code (and any amendments thereto) may be suspended or modified.

2. The granting of the permit shall authorize the closing of only the specific streets required within the permit area as approved by the Board of Aldermen.

3. The permit holder may exclude from the permit area any person or persons who are disrupting the activities of the permit holder. The term disrupting, shall include, but is not limited to, loud noise, obstructing the view of others, obstructing the flow of pedestrian traffic, or interfering with the permit holder's staff or volunteers; provided, however, the term shall not be construed to allow the permit holder to prohibit distribution of petitions, pamphlets, or speech which is not disruptive.

4. No person shall possess alcohol within the permit area except in a container issued by the permit holder or his or her designee(s) (hereinafter "event cup"). The event cup shall be plastic, conspicuous, and unique to the event.

5. Any establishment within the permit area agreeing to follow the rules found here and which is properly licensed to sell liquor by the drink may sell beer or liquor in an event cup which the purchaser may consume on any public street or sidewalk within the permit area. All persons purchasing any beverage in an event cup must be twenty-one (21) years of age or over and the establishment shall place a wristband, as designated by the permit holder for the event, on the person's wrist to indicate that said person is twenty-one (21) years of age or over. Alternatively, wristbands may be placed on such persons at a central specified location within the permitted area. The wristband must remain on the person's wrist at all times when consuming alcohol on the streets or sidewalks within the permit area. No establishment shall sell alcohol for outside consumption to someone who is not wearing such a wristband. Persons with a proper wristband and drinking from an event cup and who are within the permit area shall not be considered to be carrying an open container and not be subject to Sections 225.1870 or 230.010 of this Code.

6. Persons violating this Section shall be guilty of an ordinance violation subject to the penalties as set forth in Section 100.220 of this Code, and/or may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period. Establishments not following this Section may lose the ability to participate in future events.

7. All other provisions of the City ordinances not specifically suspended or modified herein shall remain in full force and effect.

C. Application Form. The application must:

1. Be signed by an individual authorized to sign on behalf of the applicant.

2. Be on a form provided by the City and specify the nature of the event, the dates, times, and location of the event, and the public safety plan for the event.

3. Be submitted at least seven (7) business days prior to the Board of Aldermen meeting at which the application is to be considered.

D. Rules Applicable To Permit Area. During the period that the permit is in effect:

1. No glass containers of any kind shall be permitted within the permit area during its periods of operation.

2. No alcoholic beverages in open containers of any kind, other than event cups, shall be permitted within the permit area during the event.

3. The permit holder shall clearly mark the boundaries of the permitted area, in a manner acceptable to the Chief of Police or his or her designee, clearly indicating where open containers are and are not permitted.

4. The permit holder shall be responsible for cleaning up trash after the event and restoring streets and sidewalks to pre-event condition.

E. Permit Fee. The fee for a temporary outdoor consumption permit shall be twenty-five dollars ($25.00) and shall be submitted with the application. The fee shall be refunded if the permit is denied by the Board of Aldermen or if the terms and conditions imposed on the permit are rejected by the applicant and the application withdrawn prior to the event.

Section 600.220 Violations And Penalties.

[R.O. 2009 § 600.220; R.O. 2007 § 600.310; Ord. No. 1192 § 2, 1-9-1992]

Any person violating any of the provisions of this Chapter, except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of an ordinance violation and shall be punished in accordance with Section 100.220 of this Code. Upon final conviction of any person for a violation of any provision of this Chapter, said conviction shall automatically operate to revoke the license hereunder issued to such person. As used herein, the term "conviction" shall mean conviction upon final termination of any prosecution for the violation of this Chapter. No person having been convicted of the violation of any of the provisions of this Chapter shall be issued a license or a renewal thereof for a period of two (2) years from the date of conviction.