[Ord. No. 33 §1, 5-19-1967]
As used in this Article, the following term shall have this prescribed meaning:
- INTOXICATING LIQUOR
- Shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent (0.5%) by volume except for non-intoxicating beer as defined in Section 312.010, RSMo. 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, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
[Ord. No. 2003-33 §1, 9-23-2003]
No person having a license under this Article nor any employee or agent of such person shall sell, give away or otherwise dispose of upon his premises any intoxicating liquor or non-intoxicating beer in any quantity at any time other than those hours authorized by Chapters 311 and 312, RSMo., 2002 as amended hereafter.
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 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 Section or any other provision of law to the contrary.
[Ord. No. 92-6 §1, 5-12-1992]
From and after the eighteenth (18th) day of August, 1971, liquor may be sold containing alcohol in excess of five percent (5%) by weight, by the drink at retail, for consumption on the premises where sold in the City of Lake Ozark by persons holding a City of Lake Ozark by the drink license as hereinafter provided.
[Ord. No. 92-6 §2, 5-12-1992]
Persons to be licensed by the City hereunder shall have the same qualifications as are now or may hereafter be required of them by the Department of Liquor Control of the State of Missouri, and before such license is issued, the Board of Aldermen of the City of Lake Ozark shall be petitioned by the person or persons desiring the license, and the Board of Aldermen shall approve applicant as a license holder by a majority vote before any license shall be issued.
[Ord. No. 164 §2, 8-13-1985; Ord. No. 92-6 §3, 5-12-1992; Ord. No. 93-7 §2, 6-22-1993; Ord. No. 96-3 §1, 4-9-1996]
The City of Lake Ozark shall charge fees for the issuance of said license as follows:
For a license to sell intoxicating liquor containing alcohol in excess of five percent (5%) by weight, by the drink at retail for consumption on the premises where sold on all days when liquor can be sold according to State law other than Sunday, annual license fee of four hundred fifty dollars ($450.00);
For a restaurant-bar license to sell intoxicating liquor containing alcohol in excess of five percent (5%) by weight, by the drink at retail for consumption on the premises on Sunday only, annual license fee of three hundred dollars ($300.00);
For the sale of malt liquor or wine as defined in Chapter 311, RSMo. for consumption on the premises where sold a fee of fifty-two dollars fifty cents ($52.50).
For a license to sell intoxicating liquor in the original package, not to be consumed upon the premises where sold, a fee of one hundred fifty dollars ($150.00), or a fee not to exceed one and one-half (1½) times the charge for a State license for said original package, whichever sum be the lesser.
For the sale of intoxicating liquor in the original package at retail between the hours of 1:00 P.M. and Midnight on Sundays to any applicant now holding a retail sale of intoxicating liquor in the original package license upon payment of an additional Sunday license fee in the amount of three hundred dollars ($300.00) annually.
All licenses shall be issued for the period of July first (1st) to June thirtieth (30th) of each year, and no license shall be issued until the sum hereinabove prescribed shall be paid to the Clerk of the City of Lake Ozark, Missouri, providing however, that any licenses issued for a part of a year shall require the payment of a prorated sum of the annual fees hereinabove set forth.
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 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.
[Ord. No. 92-6 §5, 5-12-1992]
The Board of Aldermen, if it be shown upon hearing before said Board that any person has not at all times kept an orderly place or house, or has violated any of the provisions of this Chapter, or has violated any other ordinance of the City pertaining to establishments serving liquor at retail, may revoke the license of any licensee under this Chapter. Provided however, that the Board of Aldermen shall first, upon motion of said Board direct a notice of the date, time, and place of such hearing, and setting forth the grounds upon which said license is sought to be revoked, and said notice shall command the licensee to appear and show cause why such license should not be revoked.
Such notice shall be served by the City Police upon the licensee, or upon an officer of the licensee of a corporation, or upon any employee of the licensee at the time of service in charge of the place of the licensed business. The licensee shall have full right to have counsel and to produce witnesses in licensee's behalf in any such hearing. Said hearing shall be conducted as other Board proceedings are conducted, and no license shall be revoked except upon vote thereof by a majority of the members elected to the Board of Aldermen, the Mayor having no vote except in case of a three (3) to three (3) tie vote by the members elected to the Board of Aldermen.
[Ord. No. 2005-29, 12-13-2005]
Any licensee, as defined in Section 311.310, RSMo., or his employee who shall 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, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard shall be deemed guilty of a misdemeanor, except that this Section shall not apply 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 any person by a duly licensed physician. No persons shall be denied a license or renewal of a license issued under Section 311.310, RSMo., solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment.
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) years 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, is guilty of a violation of this Section.
It shall be a defense to prosecution under this Section if:
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
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
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.
Penalty. A person found guilty of violating this Section shall be sentenced to jail for no more than ninety (90) days or fined no more than five hundred dollars ($500.00).
[Ord. No. 92-6 §7, 5-12-1992]
No person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor except those persons specifically allowed to sell said liquors by virtue of the provisions of Section 311.300 RSMo.
[Ord. No. 92-6 §8, 5-12-1992]
No person having a license under this Chapter shall sell, give away, or otherwise dispose of or suffer the same to be done upon or about his/her premises at any time when said sale is prohibited by the Revised Statutes of the State of Missouri as now existing or as hereafter amended.
[Ord. No. 92-6 §9, 5-12-1992]
Any person convicted of violating any of the provisions of Sections 600.020 — 600.090 shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for a term of not more than ninety (90) days or by a fine of not more than five hundred dollars ($500.00) nor less than fifty dollars ($50.00), or by both such fine and imprisonment; further provided that each day that any licensee is in violation of Sections 600.020 — 600.090 shall be deemed a separate offense and shall carry the same fine and imprisonment.
[Ord. No. 33 §§3-4, 5-19-1967; Ord. No. 2013-02, 1-22-2013]
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 as defined in Section 600.010 of this Code, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in jail for a term not to exceed ninety (90) days, or by any combination of the fine and imprisonment. For purposes of prosecution under this section or any other provision of this Chapter involving an alleged illegal sale, purchase, possession or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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.
Consent; Full Information.
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 Missouri Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the Missouri Department of Health and Senior Services for this purpose. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.
Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:
The type of test administered and the procedures followed.
The time of the collection of the blood or breath sample or urine analyzed.
The numerical results of the test indicating the alcohol content of the blood and breath and urine.
The type and status of any permit which was held by the person who performed the test.
If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.
Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the City. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.
The Lake Ozark Municipal Court shall enter an order, in addition to other orders authorized by law, requiring the completion within a reasonable period of time of a substance abuse traffic offender program (SATOP) as defined in Section 577.001, RSMo., as a part of the judgment entered in the case, for any person determined to have violated this Code involving the possession or use of alcohol and who at the time of said offense was under twenty-one (21) years of age when the court finds that the offense was committed by such person or when the person pleads guilty, or is found guilty of such offense by the court.
[Ord. No. 164 §1, 8-13-1985]
Before any intoxicating liquor shall be sold in the City of Lake Ozark, Missouri, in the original package, not to be consumed upon the premises where sold, the persons or person desiring to sell said original package liquor must have met all licensing requirements set forth in Section 600.130, paid the license fee in accordance with Section 600.040, and have been issued and have received an original package liquor sales license from the City Clerk of Lake Ozark, Missouri, in accordance with Section 600.140.
[Ord. No. 164 §3, 8-13-1985]
The person or persons licensed by the City of Lake Ozark shall have the same qualifications as are required by the Department of Liquor Control of the State of Missouri and such persons or person shall have met all requirements of Chapter 311, RSMo., as of the date of application for a City of Lake Ozark package liquor sales license. Before such package liquor sales license is issued, the Board of Aldermen of the City of Lake Ozark shall be petitioned by the persons or person desiring the package liquor sales license, and the Board of Aldermen shall approve or disapprove the applicant as a package liquor sales license holder. Approved or disapproved shall be determined by certain ascertainable standards prescribed and fixed in writing from time to time by the City of Lake Ozark Board of Aldermen. The said ascertainable standards must be met by every package liquor sales license applicant before a package liquor sales license may be issued.
[Ord. No. 164 §4, 8-13-1985]
After any persons or person has been approved to sell intoxicating liquor in the original package, not to be consumed on the premises where sold, under the provisions of Section 600.130 and has paid unto the City Clerk of Lake Ozark, Missouri, the required fee set forth in Section 600.040, then the City Clerk of Lake Ozark, Missouri, shall issue and deliver to said persons or person, or have delivered by certified mail, an original package liquor sales license.
[Ord. No. 164 §6, 8-13-1985]
The City shall have power to revoke this package liquor sales license for cause by the Board of Aldermen.
[Ord. No. 164 §8, 8-13-1985]
This license issued hereunder shall automatically be suspended or revoked simultaneously with any such action being taken by the State of Missouri with respect to the License issued by the State.
[Ord. No. 93-7 §§1-2, 6-22-1993]
Any person or entity now licensed to sell intoxicating liquor in the original package at retail by the City of Lake Ozark may be issued a special license to sell intoxicating liquor in the original package at retail between the hours of 1:00 P.M. and Midnight on Sundays. Fee for such license shall be as set out in 600.040(A)(5).
Editor's Note — Ord. no. 2002-25 §1, adopted October 12, 2002, repealed section 600.180 "commercial establishments — unlawful acts", in its entirety. Former section 600.180 derived from ord. no. 92-5 §1, 4-28-1992; ord. no. 99-7 §1, 4-13-1999. At the editor's discretion, this section has been reserved for the city's future use.