City of Manchester, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 10-1973 §1, 2-16-2010]
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 two thousand 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.
COMMON EATING AND DRINKING AREA
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).
CONSUMPTION OF LIQUOR LICENSE (BUILDING AND HALL RENTALS)
A class of temporary liquor license that allows any person operating any premises where food, beverages, or entertainment are sold or provided for compensation to permit, during the hours at which alcoholic beverages may lawfully be sold, the drinking or consumption of intoxicating liquor on the premises. A consumption of liquor licensee cannot sell any intoxicating liquor.
[Ord. No. 18-2251, 2-4-2019]
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.
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.
MICROBREWERY
A business whose primary activity is the brewing and selling of beer with an annual production of ten thousand (10,000) barrels or less.
[Ord. No. 18-2215, 5-7-2018]
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, where the package and/or container(s) describes the contents thereof as intoxicating liquor. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of malt liquor.
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.
PICNIC LICENSE (NOT-FOR-PROFIT ORGANIZATIONS)
A temporary retail liquor by the drink license to allow sale of intoxicating liquor for consumption on premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering.
[Ord. No. 18-2251, 2-4-2019]
PLACES OF ENTERTAINMENT, RESTAURANT
Any establishment which has gross annual sales in excess of two hundred fifty thousand dollars ($250,000.00), at least twenty-five percent (25%) of which shall be derived from the sale of foods and meals prepared and consumed on the premises.
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.
RETAIL BY THE DRINK CATERER'S LICENSE
A class of liquor license that allows retailers holding valid State and valid local liquor licenses, who furnish provisions and services for use at a particular function, occasion, or event at a particular location other than the licensed premises to sell, during the hours at which alcoholic beverages may lawfully be sold, intoxicating liquor by the drink at retail for consumption on the premises and in the original package for consumption off the premises for a specified period of time, not to exceed one hundred sixty-eight (168) consecutive hours.
[Ord. No. 18-2251, 2-4-2019]
SALE BY THE 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.
[Ord. No. 18-2251, 2-4-2019]
[1]
Editor’s Note: Former Section 600.015, Sale By The Drink — Defined, adopted and/or amended 2-16-2010 by Ord. No. 10-1973, was repealed 2-4-2019 by Ord. No. 18-2251. See now the definition of “sale by the drink” in Section 600.010.
[Ord. No. 03-1453 §1, 10-6-2003; Ord. No. 06-1694 §1, 8-7-2006; Ord. No. 08-1846 §1, 1-21-2008; Ord. No. 10-1973 §1, 2-16-2010]
A. 
No person shall sell or offer for sale intoxicating liquor in the City of Manchester without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.
B. 
General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor:
1. 
Package liquor — malt liquor only. Sales of malt liquor at retail in the original package not for consumption on the premises where sold (may be sold Sunday also).
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 Subsections (B)(1) of this Section.
3. 
Malt liquor by the drink. Sales of malt liquor at retail by the drink for consumption on the premises (may be sold Sunday also).
4. 
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 Subsection (B)(1) of this Section.
5. 
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.
6. 
Common eating and drinking areas. Sales of intoxicating liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
7. 
Manufacturer — Microbrewery. Manufacturing of malt liquor with an annual production of ten thousand (10,000) barrels or less.
[Ord. No. 18-2215, 5-7-2018]
8. 
Retail by the Drink Caterer's License — Sales of intoxicating liquor by the drink at retail for consumption on the premises and in the original packet for consumption off the premises for a specified period of time by retailers who furnish provisions and services for use at a particular function, occasion or event at a particular location other than the licensed premises to sell.
[Ord. No. 18-2251, 2-4-2019]
9. 
Consumption of Liquor License (Building and Hall Rentals) — Allows any person operating any premises where food, beverages, or entertainment are sold or provided for compensation to permit the drinking or consumption of intoxicating liquor on the premises but does not allow the sale of any intoxicating liquor. Consumption license fees do not apply to facilities or properties of the City of Manchester.
[Ord. No. 18-2251, 2-4-2019]
C. 
Sunday Sales. Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor on Sundays between the hours of 9:00 A.M. and Midnight:
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.
5. 
Liquor by the drink — common eating and drinking area. Sales of liquor of all kinds by the drink at retail not for consumption on the premises where sold but for consumption in a common eating or drinking area.
6. 
Liquor by the drink — Microbrewery. Sales of liquor of all kinds by the drink at retail for consumption on the premises of any microbrewery.
[Ord. No. 18-2215, 5-7-2018]
D. 
Permits.
1. 
Picnic License (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)(1) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
[Ord. No. 18-2251, 2-4-2019]
2. 
Wine tasting permit. A person who holds a license pursuant to Section 600.020(B)(2) above, but does not hold any other license issued pursuant to this Chapter, may offer to the public, as a sample and without charge, light wines provided:
a. 
Such shall not be offered on Sunday,
b. 
Such shall not be offered more than four (4) times in any calendar month, and
c. 
Such shall not involve the offering of more than six (6) different examples of light wine at any time. The term "sample", as used herein, shall mean a quantity not exceeding two (2) ounces. The term "light wine", as used herein, shall mean a liquid containing not in excess of fourteen percent (14%) alcohol by weight exclusively from grapes, berries and other fruits and vegetables.
3. 
Caterer's License (Retail By The Drink). Retailers holding valid State and local liquor licenses, who furnish provisions and services for use at a particular function, occasion, or event at a particular location other than the licensed premises and comply with the provisions of Section 600.030(C)(2) below may apply for a permit to sell intoxicating liquor consumption on the premises and in the original package for consumption off the premises.
[Ord. No. 18-2251, 2-4-2019]
[Ord. No. 03-1453 §1, 10-6-2003; Ord. No. 06-1693 §1, 8-7-2006; Ord. No. 10-1973 §1, 2-16-2010]
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 snow 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 Retail.
[Ord. No. 18-2251, 2-4-2019]
1. 
Picnic License (Temporary Permit For Sale By The Drink — Certain Organizations).
a. 
The City may issue a permit for the sale of intoxicating liquor for consumption on premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering.
b. 
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.
c. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 A.M.
d. 
At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the State of Missouri 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.
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.
f. 
Picnic license fees do not apply to facilities or properties of the City of Manchester.
2. 
Caterer's License (Retail By The Drink).
a. 
Retailers holding valid State and valid local liquor licenses, who furnish provisions and services for use at a particular function, occasion, or event at a particular location other than the licensed premises may be issued a permit to sell, during the hours at which alcoholic beverages may lawfully be sold, intoxicating liquor by the drink at retail for consumption on the premises and in the original package for consumption off the premises for a specified period of time, not to exceed one hundred sixty-eight (168) consecutive hours.
b. 
Notwithstanding any other law to the contrary, any caterer who possesses a valid State and local liquor license need not obtain a separate license from the City when delivering alcoholic beverages in the course of the catering business.
D. 
Operating Hours, Days.
1. 
No licensee or any employee of such licensee shall sell, give away or otherwise dispose of, or allow the same to be done, on or about the premises any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
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. 
Number Of Licenses Limited.
1. 
No license for the sale of any and all kinds of intoxicating liquor by the drink for consumption on the premises shall be granted or issued when the granting thereof shall increase the number of such licenses outstanding and in force at that time to more than one (1) for each five hundred (500) inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States.
2. 
No license for the sale at retail of any and all kinds of intoxicating liquor in the original package shall be granted or issued when the granting thereof shall increase the number of such licenses outstanding and in force at that time to more than one (1) for each five hundred (500) inhabitants, or fraction thereof, residing with the City as shown by the last decennial census of the United States.
3. 
Determining the number of licenses allowed. For purposes of determining the number of licenses allowed by this Section, the issuance of licenses shall be counted as follows:
a. 
The issuance of a license as provided in Section 600.020(B)(2) of this Chapter (package liquor — all kinds) shall be counted as being commensurate with the issuance of one (1) license for each subcategory of package liquor provided in Section 600.020(B)(1).
b. 
The issuance of a license as provided in Section 600.020(B)(5) of this Chapter (liquor by the drink — all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of liquor by the drink provided in Sections 600.020(B)(3) and (B)(4).
F. 
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 City 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 City, upon being requested, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.
4. 
In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board of Aldermen. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
G. 
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 legacy 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.
[Ord. No. 04-1520 §1, 7-6-2004; Ord. No. 06-1694 §2, 8-7-2006; Ord. No. 10-1973 §1, 2-16-2010]
A. 
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated, which license fee in all cases shall be non-refundable:
[Ord. No. 18-2215, 5-7-2018]
1. 
General licenses.
a. 
Malt liquor — original package: $75.00.
b. 
Intoxicating liquor (all kinds) — original package: $150.00.
c. 
Malt liquor — by drink: $75.00.
d. 
Malt liquor and light wines — by drink: $75.00.
e. 
Intoxicating liquor (all kinds) — by drink: $450.00.
f. 
Common eating and drinking places: $450.00.
g. 
Manufacture — Microbrewery (includes Sundays): $300.00.
h. 
Consumption of liquor license — permits drinking or consumption on premises - does not allow liquor sales*: $75.00.
[Ord. No. 18-2251, 2-4-2019]
* Consumption license fees do not apply to facilities or properties of the City of Manchester.
2. 
Sunday sales. (Additional fees)
[Ord. No. 18-2215, 5-7-2018]
a. 
Package liquor — malt liquor only: $75.00.
b. 
Intoxicating liquor — original package: $300.00.
c. 
Restaurant bars: $300.00.
d. 
Amusement places: $300.00.
e. 
Places of entertainment, restaurant: $300.00.
f. 
Common eating and drinking places: $300.00.
g. 
Liquor by the drink — charitable organizations: $300.00.
h. 
Liquor by the drink — Microbrewery: $300.00.
3. 
Permits.
[Ord. No. 18-2251, 2-4-2019]
a. 
Picnic license* [temporary permit — by the drink for certain organizations (7 days maximum)]: $37.50.
* Picnic license fees do not apply to facilities or properties of the City of Manchester.
b. 
Tasting permit: $37.50.
c. 
Caterer's license - by drink and original package: $15.00.
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).
[Ord. No. 10-1973 §1, 2-16-2010]
A. 
Filing Of An Application. Each application for an original or renewal license shall be filed with the City on a form to be provided by the City, signed and sworn to by the applicant. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City.
B. 
Bond Requirements. Each application for a license shall be accompanied by a bond, to be given to the City in the amount of two thousand dollars ($2,000.00) with sufficient sureties, conditioned that the person obtaining such license shall at all times abide by the provisions of the Liquor Control Act of the State of Missouri, this Chapter and all other ordinances of the City. Only one (1) bond shall be required under this Section from any one (1) person and such bond shall, while in force, cover all licenses held by any one (1) applicant and all classes of sales carried on hereunder. Such bond may be sued on in the name of the City for the use and benefits of any person damaged by the breach of any of the conditions thereof.
C. 
Qualifications. Neither the applicant nor any officer, director or shareholder of a corporate applicant shall have been convicted of a felony or of any distribution, sale or possession of any controlled substances or dangerous drugs. The applicant shall present with the application a bona fide sale contract or option duly executed, which may be subject to the applicant obtaining a liquor license or a bona fide lease duly executed by the lessor or an option for a lease duly executed, subject to the applicant obtaining a liquor license, covering the property for which a liquor license is requested. If the applicant is a corporation, the petition shall set forth all of the above information with respect to the managing officer or officers, identifying such officer or officers. The application shall further state the full name of the corporation, its date of incorporation, its registered agent and registered address, the names and addresses of all shareholders of the corporation and whether said corporation operates any other business or controls or is controlled by any other corporation or business and, if so, the application shall further state the name of such controlled or controlling corporation or business, its registered agent and registered address and the location of all businesses operated by it and the name and address of any such businesses with a liquor license, whether within or without the City; and the application shall also state if such controlling corporation or any controlled corporation is doing business under a fictitious name and the address where said business is located. The Board of Aldermen also may request such additional information of an applicant as it may deem necessary for it to make a determination with respect to the issuance of a liquor license.
D. 
Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal of such license, the Board shall conduct a hearing on the application for license renewal as provided in Subsection (D) of this Section. Any applicant who files application for renewal of a license after the first (1st) day of May shall pay a late fee of twenty-five dollars ($25.00) for each thirty (30) days that have expired from said date with said application as a late fee for said renewal.
[CC 1979 §4-41; Ord. No. 75-621 §3(5-13), 5-23-1975; Ord. No. 00-1184 §1, 4-17-2000; Ord. No. 10-1973 §1, 2-16-2010; Ord. No. 12-2028 §1, 7-2-2012]
A. 
No license required by this Chapter shall be issued to:
1. 
A person or, for a corporation, a managing officer who is not a qualified legal voter and taxpaying citizen of St. Louis County, Jefferson County, Franklin County, St. Charles County or the City of St. Louis; who is not of good moral character and reputation; who has been convicted of a felony; a person or, for a corporation, a managing officer whose license under this Chapter has been revoked for cause; a person or, for a corporation, a managing officer who, at the time of application for renewal of any license hereunder, would not be eligible for such license upon a first (1st) application.
2. 
A person who has been convicted, within five (5) years of his/her application (whether original or renewal), of a violation of any Federal or State law concerning the manufacture, possession or sale of intoxicating liquor or of any of the provisions of this Chapter or any offense involving moral turpitude or who has forfeited his/her bond to appear in court to answer charges of any such violation.
3. 
Any person whose real and personal property taxes on the premises and personalty therein and all taxes and licenses applicable to the premises, personalty and business, have not been paid.
4. 
A person, for sale of intoxicating liquor, upon premises where such activity is not permitted by the zoning ordinance of the City or any other ordinance or State law, nor shall any license be issued for premises where the sale of intoxicating liquor would be detrimental or incompatible with the character and welfare of the surrounding neighborhood even though allowed by the zoning ordinance.
5. 
A person for the sale of intoxicating liquor by the drink on premises commonly known as a "saloon", a "bar", a "tavern" or other such place where more than fifty percent (50%) of the gross revenues generated by such business during any licensing period shall be from the sale of liquor. An organized athletic association approved by the Board and private clubs which are operated on a fee membership basis shall not be considered saloons, bars, taverns or the like if at least twenty-five percent (25%) of the gross revenue generated by the sale of food, meals and liquor at any such athletic association or private club during any licensing period is derived from the sale of foods and meals prepared and consumed on the premises.
[CC 1979 §4-35; Ord. No. 75-621 §3(5-5), 5-23-1975; Ord. No. 75-656 §1, 9-2-1975; Ord. No. 10-1973 §1, 2-16-2010]
A. 
Applications for a license to sell intoxicating liquor shall be filed with the City Administrator on forms furnished by the City. Each application shall be signed by the applicant and acknowledged by him/her in the same manner as deeds for the conveyance of real estate.
B. 
If the applicant is a joint venture, partnership or group other than a corporation or athletic association, the application shall be made by all individuals who are members of such joint venture, partnership or group. If the applicant is a corporation, the application shall be made by a managing officer of the corporation. If the applicant is an athletic association, the application shall be made by the officers and directors or trustees of such athletic association. A corporate applicant shall state, among other things:
1. 
The names and addresses of its registered agents, officers and directors;
2. 
The number of shares in the corporation owned by each and the percentage those shares bear to the total outstanding shares of the corporation;
3. 
The names and addresses of the ten (10) principal stockholders of the corporation; and
4. 
The number of shares in the corporation owned by each such principal stockholder and the percentage those shares bear to the total outstanding shares of the corporation.
C. 
The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for compliance with the provisions of this Chapter and the laws of this State regulating the sale of intoxicating liquor.
D. 
All applications for licensure, except applications for renewal of licenses, filed with the City Administrator shall be accompanied by a filing fee of twenty-five dollars ($25.00). The City Administrator shall take no action on an application unless the filing fee has been paid.
E. 
No person shall knowingly make any untrue or misleading statement in any application or knowingly omit to state a material fact necessary in order to make the statement contained in the application not misleading.
[CC 1979 §4-36; Ord. No. 75-621 §3(5-6), 5-23-1975; Ord. No. 75-656 §1, 9-2-1975; Ord. No. 76-715 §1, 3-15-1976; Ord. No. 10-1973 §1, 2-16-2010]
A. 
Each application for a license to sell intoxicating liquor shall, among other things, contain the following information and any additional information which may be required by the application forms supplied by the City:
1. 
The exact location and description of the premises to be covered by the license.
2. 
The kind of business which the applicant proposes to conduct on such premises in addition to the sale of intoxicating liquor and the hours during which the applicant plans to keep his/her place open for such business.
3. 
Whether or not the applicant has ever been convicted of any violation of Federal law, a law of this State or any other State, City or County ordinance involving a felony, a misdemeanor, ordinance violation or involving moral turpitude or any violation of a law regulating, controlling or prohibiting the sale of intoxicating liquor.
4. 
The full names, dates of birth, places of birth and residence addresses for the five (5) years preceding the application of all individual applicants and, in the case of a corporation, for the managing officer and each officer of the corporation.
5. 
The full names, dates of birth, places of birth and residence addresses for the five (5) years preceding the application of all employees who will be engaged in the selling of intoxicating liquor.
B. 
Each applicant for a license to sell intoxicating liquor shall submit with his/her application a certificate of voter registration from a political subdivision in the State.
C. 
The City Administrator is authorized to require such additional information necessary to carry out the intent and purpose of this Chapter.
D. 
Each application submitted by an athletic association shall be accompanied by a verified statement of the chief officer of such athletic association acknowledging the responsibility of the organization for compliance with the provisions of this Chapter and the laws of this State regulating the sale of intoxicating liquor and further acknowledging the responsibility for compliance with this Chapter and the laws of this State for all persons listed on its list of employees who will engage in the selling of intoxicating liquor pursuant to Subsection (A)(5) above.
[CC 1979 §4-38; Ord. No 75-621, 5-23-75; Ord. No. 10-1973 §1, 2-16-2010]
The Chief of Police shall investigate applications for a license for sale of intoxicating liquor and shall report, in writing, to the Board the results of such investigation and make a recommendation concerning the application. The standards for such investigation shall be those set forth in Section 600.060 of this Chapter. The Chief of Police shall obtain the assistance of the City Administrator if the Chief of Police shall request such assistance.
[CC 1979 §4-39; Ord. No. 75-621 §3(5-8), 5-23-1975; Ord. No. 94-719 §1, 2-21-1994; Ord. No. 10-1973 §1, 2-16-2010]
A. 
Each original application for a license for the sale of intoxicating liquor shall be approved or disapproved by motion of the Board of Aldermen. No person has a natural or inherent right or privilege to engage in the sale of intoxicating liquor. The approval or disapproval of each application shall be within the sole discretion of the Board.
B. 
Prior to the approval of the application by the Board, any person objecting to the issuance of such license may request a hearing before the Board on the merits of such application.
C. 
In the event the Chief of Police recommends that no such license be issued by the Board, or should the Board determine that no such license be issued, the applicant may request a hearing before the Board on the merits of such application.
D. 
Requests for a hearing shall be in writing and specifically state why the license should or should not be granted.
E. 
Timely written notice of the date of the hearing shall be given by the City Administrator to the applicant or the party requesting the hearing.
[CC 1979 §4-56; Ord. No. 75-621 §3(5-12), 5-23-1975; Ord. No. 94-719 §2, 2-21-1994; Ord. No. 10-1973 §1, 2-16-2010]
A. 
Licensees under this Chapter desiring to renew current licenses shall, at least sixty (60) days prior to the expiration of the license, file with the City Administrator, on forms supplied by the City, an application for renewal. An applicant for renewal shall submit to the City verification, sufficient to the City Administrator, of prior food and liquor sales. Upon payment of the license fee, the Board shall by motion authorize the renewal of the license for an additional license year if there is full compliance with this Chapter and the conditions under which the original license was issued have not materially changed.
B. 
In the event the Board determines there is not full compliance with this Chapter or the conditions under which the original license was issued have materially changed, the license shall not be renewed. The Board shall, as soon as practical after denial of the application for renewal, forward a notice to the licensee stating that the license has not been renewed and the reasons therefor.
C. 
The Board may, in its discretion, deny the license or renew same for an additional year and may prescribe conditions for the renewal of the license.
D. 
If the license is denied, the licensee may request a hearing before the Board concerning the renewal of the license. Such request shall automatically entitle the licensee to a hearing on the merits of the renewal application. Such hearing shall be held not later than thirty (30) days after receipt by the Board of the request for public hearing by the licensee.
[Ord. No. 07-1759 §1, 4-2-2007; Ord. No. 10-1973 §1, 2-16-2010; Ord. No. 12-2033 §1, 9-17-2012]
A. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.
1. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
2. 
In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee's gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.
3. 
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 — Permitting Drinking Or Possession By A 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. 
No owner, occupant or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property shall knowingly allow a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fail 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 or her parent or guardian.
3. 
It shall be a defense to prosecution under this Section 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. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.
1. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
2. 
In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee's gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.
3. 
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.
D. 
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. 
For purposes of determining violations of any provision of this Chapter or of 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 not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
3. 
The provisions of this Subsection shall not apply to a student who:
a. 
Is eighteen (18) years of age or older;
b. 
Is enrolled in an accredited college or university and is a student in a culinary course;
c. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine or other similar malt or fermented beverage as part of the required curriculum; and
d. 
Tastes a beverage under Subdivision (3) of this Subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an 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.
E. 
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.
F. 
Minors May Not Be In Possession Of Intoxicating Liquor. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in Section 600.010 above, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or who has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section. For purposes of prosecution under this Section, 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.
[CC 1979 §4-23; Ord. No. 87-259 §1, 4-6-1987; Ord. No. 03-1435 §1, 8-4-2003; Ord. No. 10-1973 §1, 2-16-2010]
The City of Manchester may authorize and license a vendor(s) to sell alcohol during special events, such as the Manchester Homecoming Festival. The granting of said license shall be subject to the City's licensing procedures. Should the City grant a license for the sale of alcohol during a special event, it shall be unlawful for any person to possess any alcohol at the event except for alcohol purchased from the vendor licensed by the City. Additionally, the City of Manchester may prohibit the possession and consumption of alcohol during designated City events. The City shall advise the public of any such prohibition or restriction by posting notices at entrances to and in places throughout the location of such event.
[Ord. No. 03-1435 §2, 8-4-2003; Ord. No. 10-1973 §1, 2-16-2010]
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. 
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.
C. 
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.
D. 
Only Those Liquors Authorized By License To Be Kept On Premises. 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.
E. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor, or permit such to be sold or supplied, to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.
F. 
Drinking In Public Places Prohibited.
1. 
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare or other public way of the City or any parking lot.
2. 
No person shall drink or ingest any intoxicating liquor in or on any public place.
3. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while in or upon any public place.
4. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.
5. 
It shall be unlawful for any person to be in possession of an alcoholic beverage in an open container when upon or in a public highway, street or alley within the City of Manchester.
G. 
Sale Of Liquor Prohibited Near Schools And Churches. No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the board of directors of the school or the consent in writing of the majority of the managing board of the church or place of worship; except that when a school, church or place of worship shall hereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for lack of consent in writing as herein provided.
[Ord. No. 10-1973 §1, 2-16-2010; Ord. No. 10-1991 §2, 10-4-2010]
A. 
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.160 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapter 311, RSMo., or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Liquor Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years,
b. 
Any person during unauthorized hours on the licensed premises,
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Board.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended and the suspension shall be for a term not less than that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Board shall sell or give away any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Board's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[Ord. No. 10-1973 §1, 2-16-2010]
A. 
Testimony — Evidence. Hearings before the Board shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.150 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within ten (10) days of the date of the Board's decision. The Board may delay the implementation of its order pending appeal.
[Ord. No. 10-1973 §1, 2-16-2010]
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 Liquor Control may report a violation of this Section to the Supervisor and the Supervisor shall issue a warning to the licensee of the violation.