[R.O. 2007 § 600.010; CC 1979 § 3-1; Ord. No. 88 § 1, 4-17-1972; Ord. No. 509 § 1, 5-24-1979; Ord. No. 1048 § 1, 10-10-1985; Ord. No. 1252 § 1, 5-14-1987; Ord. No. 1468 §§ 1
— 2, 11-10-1988; Ord. No. 2069 § 1, 10-28-1993; Ord. No. 2485 § 1, 6-27-1996; Ord. No. 2910 § 1, 8-27-1998; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 11, 9-11-2003; Ord. No. 4437 §§ 1 — 2, 2-9-2006; Ord. No. 5324 § 3, 1-14-2010; Ord. No. 6120 § 1, 4-24-2014]
For the purposes of this Chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
Alcohol for beverage purposes including intoxicating liquor
and malt liquor.
Any person who applies for a license or permit as required
by this Chapter.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Any duly organized branch or local unit of a fraternal society
which shall have a national organization and an affiliated State organization,
and which branch or local unit shall have a permanent meeting place
within the City, and the purposes of which are purely religious, charitable,
benevolent or philanthropic.
The Chief of Police or his/her designee, the City Administrator's
designee, and the City Clerk or Deputy City Clerk as designated by
the City Clerk shall constitute the Administrative Liquor Commission.
[Ord. No. 7732, 11-10-2022]
The City Clerk.
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 payment of common area maintenance
charges, as provided in the respective leases permitting the uses
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).
Honesty, fairness, and respect for
the rights of others and for the laws of the State and nation. The
following factors shall be considered when making a determination
of whether an applicant or licensee under this Chapter has good moral
character:
If a person has been convicted of
a crime of this State or country, or of any crime of any other state
or country that would have been a crime under the laws of the State
of Missouri, or an offense of this City, the Commissioner shall also
weigh the following factors in determining if the person has good
moral character:
The type of crime(s) or offense(s)
for which a person has been convicted;
The circumstances surrounding the
crime(s) or offense(s) for which a person has been convicted;
The proximity in time of the conviction(s)
to the application for a license;
The conduct of the person since the
date of conviction; and
Whether the crime the person is convicted
of is reasonably related to the competency of the person to exercise
the licensed business.
Notwithstanding the foregoing, a
conviction cannot be the sole grounds on which a person is determined
to lack good moral character. If a person is pardoned from a conviction,
the underlying guilt for the crime or offense may still be evidence
of such person's good moral character.
When a person is under the influence of alcoholic beverages,
a controlled substance, or drug, or any combination thereof.
[Ord. No. 6385 § 1, 8-13-2015]
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, but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
Any container capable of holding four (4) gallons or more
of beer, wine or intoxicating liquor and which is designed to dispense
beer, wine or intoxicating liquor directly from the container for
purposes of consumption. Any non-returnable container with capacity
of less than six (6) gallons shall not be considered a keg under this
Section.
Any beverage manufactured from pure hops or barley malt or
wholesome grains or cereals and wholesome yeast and pure water, containing
alcohol not in excess of five percent (5%) by weight.
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 beer.
Any individuals, associations, joint-stock company, syndicates,
copartnerships, corporations, receivers, trustee, conservators or
any other officer appointed by any State or federal court.
The entire building in which the licensee has his/her place
of business and any additional building used in connection therewith,
and the entire lot, or parcel of land on which the buildings are situated,
or which are used in connection with the building.
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.
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.
Chief executive officer of the Division of Alcohol and Tobacco
Control within the State of Missouri Department of Public Safety.
All references to the Division of Liquor Control and Supervisor of
Liquor Control shall mean the Division of Alcohol and Tobacco Control
and the Supervisor of Alcohol and Tobacco Control pursuant to Section
311.610, RSMo.
Any person engaged in the business of transportation for
hire of goods and merchandise, by use or means of any vessel, railroad
car, motor vehicle, aeroplane or other kind of transportation whatsoever,
to whom or to which any of the provisions of this Chapter applies
or may apply.
Bottled domestic white, rose or sparkling wine which is not
less than five (5) years old, domestic red wine which is not less
than ten (10) years old, or imported white, rose, red, sparkling or
port wine which is not less than three (3) years old.
Any person, firm or corporation who solicits, receives or
takes orders for the purchase and delivery of any alcoholic beverage
to duly licensed retailers for resale.
[R.O. 2007 § 600.020; CC 1979 § 3-2; Ord. No. 509 § 2, 5-24-1979; Ord. No. 701 § 9, 2-11-1982; Ord. No. 1468 § 3, 11-10-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 7173, 8-8-2019]
It shall be unlawful for any person
to consume intoxicating liquor upon any public street, sidewalk, alley,
or on any City parking lot or business parking lot generally open
to the public, unless the consumption of intoxicating liquor is at
an organized event at which alcoholic beverages will be served and/or
consumed in a designated area, and where a valid temporary liquor
license and/or all other valid and appropriate temporary licenses
and permits have been issued in conjunction with the special event.
This Section shall not apply to the consumption of any intoxicating
liquor consumed in a designated area of an establishment that is licensed
to sell intoxicating liquor by the drink.
[R.O. 2007 § 600.030; CC 1979 § 3-2.1; Ord. No. 1252 § 4(3-2.1), 5-14-1987; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 4, 1-14-2010]
A.
It shall be unlawful for any person to
sell or offer for sale within this City any 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,
except when the same is sold or offered for sale in special containers
distinguishable by the selling establishment's name and/or its logo
and by the type of drink (beer or mixed drink).
B.
A common eating and drinking area, as defined
by this Chapter, within this City shall be designated by the posting
of signs at all entrances and exits to the common eating and drinking
area, and all sales and consumption of alcoholic beverages shall be
restricted to this designated area. Signs posted shall state that
alcoholic beverages are prohibited except within this designated common
eating and drinking area.
[1]
Editor's Note: Ord. No. 5324 § 5,
adopted January 14, 2010, repealed § 600.040, Possession
Of Non-Intoxicating Beer Not Acquired From Dealer Unlawful, and § 600.050,
Provisions For Sale Of Non-Intoxicating Beer, in their entirety. Former
§§ 600.040 — 600.050 derived from R.O. 2007 §§ 600.040
— 600.050; Ord. No. 3359 § 5, 12-14-2000. At the Editor's
discretion, these Sections have been reserved for the City's future
use.
[R.O. 2007 § 600.055; Ord. No. 3892 § 12, 9-11-2003; Ord. No. 4437 § 3, 2-9-2006]
A.
Each keg sold at retail for off-premise
consumption shall be labeled with a numbered identification tag. The
Division of Alcohol and Tobacco Control may prescribe the numbered
identification tags to be used for this purpose. The recyclable numbered
identification tag shall be affixed to the handle on the top chime
of the keg. The recyclable numbered identification tag shall be supplied
by the Division of Alcohol and Tobacco Control without fee and securely
affixed to the keg by the licensee making the sale.
B.
Each retail licensee shall require each
keg purchaser to present valid identification and a minimum deposit
of fifty dollars ($50.00) per keg at the time of purchase. On the
identification form provided by the Division of Alcohol and Tobacco
Control the licensee shall record for each keg sale the date of sale,
the size of keg, any keg tag identification number, the amount of
container deposit, the name, address and date of birth of the purchaser,
and the form of identification presented by such purchaser. The purchaser
shall sign a statement at the time of purchase attesting to the accuracy
of the purchaser's name and address and acknowledging that misuse
of the keg or its contents may result in civil liability, criminal
prosecution or both. The licensee shall retain the identification
form for a minimum of three (3) months following the sale of the keg.
C.
The licensee shall not refund a deposit for a keg that is returned without the numbered identification tag intact and legible. The licensee shall record the date of return of the keg and the condition of the identification tag on the identification form required pursuant to Subsection (B) of this Section. The licensee may retain any deposit not refunded for this reason. Upon the return of a properly tagged keg from a consumer, the licensee shall remove the tag from the keg and retain such tag with the identification form as required pursuant to Subsection (B) of this Section.
D.
The provisions of this Section shall become
effective on July 1, 2004.
E.
This Section shall not impose any new or
additional civil or criminal liability upon the retail licensee.
[1]
Editor's Note: Ord. No. 5324 § 5,
adopted January 14, 2010, repealed § 600.060, Hours of Operation
for Non-Intoxicating Beer. Former § 600.060 derived from
R.O. 2007 § 600.060; CC 1979 § 3-5; Ord. No. 88
§ 2, 4-17-1972; Ord. No. 509 § 5, 5-24-1979; Ord.
No. 650 § 1, 3-26-1981; Ord. No. 804 § 4, 6-2-1983;
Ord. No. 1384 § 2, 3-24-1988; Ord. No. 3359 § 5,
12-14-2000; Ord. No. 3892 § 4, 9-11-2003. At the Editor's
discretion, this Section was reserved for the City's future use.
[R.O. 2007 § 600.070; CC 1979 § 3-6; Ord. No. 88 § 3, 4-17-1972; Ord. No. 509 § 6, 5-24-1979; Ord. No. 650 § 2, 3-26-1981; Ord. No. 804 § 5, 6-2-1983; Ord. No. 1384 § 3, 3-24-1988; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 5, 9-11-2003; Ord. No. 6120 § 2, 4-24-2014]
A.
No person having a license under this Chapter
nor any employee of such person shall sell, give away or permit the
consumption of any intoxicating liquor in any quantity between the
hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours
of 1:30 A.M. Sunday and 6:00 A.M. Monday, upon or about his/her premises.
B.
If the person has a license to sell intoxicating
liquor by the drink, his/her premises shall be and remain a closed
place 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.
C.
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 in which
intoxicating liquor is dispensed. Where such licenses are held by
restaurants or bowling alleys, the business of which is conducted
in one (1) room only and substantial quantities of food and merchandise,
other than intoxicating liquor are dispensed, then the licensee shall
keep securely locked during the hours and on the days herein specified
all refrigerators, cabinets, cases, boxes and taps from which intoxicating
liquor is dispensed.
D.
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.
E.
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.
[R.O. 2007 § 600.080; CC 1979 § 3-7; Ord. No. 88 § 3, 4-17-1972; Ord. No. 509 § 7, 5-24-1979; Ord. No. 2192 § 2, 8-25-1994; Ord. No. 3359 § 5, 12-14-2000]
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 or
any other provision of law to the contrary.
[R.O. 2007 § 600.090; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 4437 § 6, 2-9-2006]
A.
Any licensee under this Chapter or his/her
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/her 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 an ordinance violation, 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 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 when serving
in the capacity as an employee of a licensed establishment.
B.
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) years 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) years to drink
or possess intoxicating liquor is his or her parent or guardian, is
guilty of an ordinance violation.
C.
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.
[1]
Editor's Note: Ord. No. 5324 § 5,
adopted January 14, 2010, repealed § 600.095, Sale Of Non-Intoxicating
Beer To Certain Persons Prohibited — Exceptions, in its entirety.
Former § 600.095 derived from R.O. 2007 § 600.095;
Ord. No. 3359 § 5, 12-14-2000.
[1]
Editor's Note: Former § 600.100, Chapter Not Applicable
To Certain Persons, was repealed by the City during the 2020 recodification
project.
[R.O. 2007 § 600.110; CC 1979 § 3-15; Ord. No. 88 § 7, 4-17-1972; Ord. No. 509 § 11, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 6, 9-11-2003; Ord. No. 5324 § 6, 1-14-2010]
A.
No person licensed under the provisions
of this Chapter to sell intoxicating liquor at retail in the original
package, not to be consumed on the premises where sold, shall allow
such original package to be broken or allow any of such intoxicating
liquor to be consumed in or upon the premises described in such permit.
B.
No person having a license under this Chapter
nor any employee of such person shall 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.
C.
No person having a license under this Chapter
nor any employee of such person shall 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.
[R.O. 2007 § 600.120; CC 1979 § 3-16; Ord. No. 509 § 12, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 6, 1-14-2010]
No person licensed under this Chapter
shall permit to be used upon his/her licensed premises any self-service,
coin-operated, mechanical devices for the purpose of selling or dispensing
intoxicating liquor.
[R.O. 2007 § 600.130; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 8, 9-11-2003; Ord. No. 4437 § 7, 2-9-2006; Ord. No. 5324 § 7, 1-14-2010]
A.
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 311.020,
RSMo., 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 (0.02%) or more by weight
of alcohol in such person's blood is guilty of an ordinance violation.
For purposes of prosecution under this Section or any other provision
of this Chapter involving an alleged illegal sale 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.
B.
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.
C.
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. 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.
|
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.
|
D.
The provisions of this Section 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 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.
After a period of not less than one (1)
year after reaching the age of twenty-one (21) a person who has pleaded
guilty to or has been found guilty of violating Section 311.325, RSMo.,
for the first time, and who since such conviction has not been convicted
of any other alcohol-related offense, may apply to the court in which
he or she was sentenced for an order to expunge all official records
of his or her arrest, plea, trial and conviction. No records shall
be expunged if the person who has pleaded guilty to or has been found
guilty of violating Section 311.325, RSMo., is licensed as a commercial
motor vehicle driver or was operating a commercial motor vehicle as
defined in Section 302.700, RSMo., at the time of the violation. If
the court determines, upon review, that such person has not been convicted
of any other alcohol-related offense at the time of the application
for expungement, and the person has had no other alcohol-related enforcement
contacts as defined in Section 302.525, RSMo., the court shall enter
an order of expungement. The effect of such an order shall be to restore
such person to the status he or she occupied prior to such arrest,
plea or conviction, as if such event had never happened. No person
as to whom such order has been entered shall be held thereafter under
any provision of any law to be guilty of perjury or otherwise giving
a false statement by reason of his or her failure to recite or acknowledge
such arrest, plea, trial, conviction or expungement in response to
any inquiry made of him or her for any purpose whatsoever. A person
shall be entitled to only one (1) expungement pursuant to this Section.
Nothing contained in this Section shall prevent courts or other State
officials from maintaining such records as are necessary to ensure
that an individual receives only one (1) expungement pursuant to this
Section.
[1]
Editor's Note: Ord. No. 5324 § 8,
adopted January 14, 2010, repealed § 600.140, Purchase Or
Possession By Minor, in its entirety. Former § 600.140 derived
from R.O. 2007 § 600.140; Ord. No. 3359 § 5, 12-14-2000;
Ord. No. 3892 § 9, 9-11-2003. At the Editor's discretion,
this Section has been reserved for the City's future use.
[R.O. 2007 § 600.150; CC 1979 § 3-14; Ord. No. 509 § 15, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000]
It is unlawful for any person to
give, lend, sell or otherwise provide another person with any falsified
identification, or the identification of another person for the purpose
of establishing the age of such person as being twenty-one (21) years
or older.
[R.O. 2007 § 600.160; Ord. No. 3359 § 5, 12-14-2000]
A.
Any person of the age of seventeen (17)
years and under the age of twenty-one (21) years who shall represent
that he/she has attained the age of twenty-one (21) years for the
purpose of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law, shall upon conviction be
deemed guilty of an ordinance violation. Any person under the age
of seventeen (17) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, except in cases
authorized by law, may be considered a delinquent child and may be
dealt with in accordance with the provisions of Chapter 211, RSMo.
B.
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of an ordinance violation and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
[R.O. 2007 § 600.170; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3892 § 7, 9-11-2003; Ord. No. 3994 § 1, 2-26-2004]
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 or non-driver's license as provided for under Section 302.181,
RSMo., or a valid and unexpired non-driver'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 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 agent of the Division of Alcohol and Tobacco Control
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.
[Ord. No. 6843, 10-12-2017]
B.
Upon proof by the licensee of full compliance
with the provisions of this Section, no penalty shall be imposed if
the Supervisor of Alcohol and Tobacco Control or the courts are satisfied
that the licensee acted in good faith.
C.
That no licensee, or the servant, agent
or employee thereof shall sell, convey or deliver any item, the sale
of which is regulated by this Chapter, to any person that is, at the
time, operating a motor vehicle, a passenger in a motor vehicle, operating
a motorcycle, a passenger on a motorcycle, or otherwise outside the
physical confines of the licensed premises.
D.
Any person who shall, without authorization
from the Department of Revenue, reproduce, alter, modify, or misrepresent
any chauffeur's license, motor vehicle operator's license or identification
card shall be deemed guilty of an ordinance violation.
[R.O. 2007 § 600.180; Ord. No. 3359 § 5, 12-14-2000]
Any person who has in his/her possession
a reproduced, modified or altered motor vehicle driver's license,
non-driver's license issued by any uniformed service of the United
States, or identification card established in Section 302.181, RSMo.,
or any other such identification card which indicates that the person
represented on the card is over twenty-one (21) years of age, is guilty
of an ordinance violation.
[R.O. 2007 § 600.190; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 9, 1-14-2010]
B.
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 and accept payment for, and sack for carryout,
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.
C.
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. Any wholesaler licensed pursuant to
this Chapter may employ persons of at least eighteen (18) years of
age to rotate, stock and arrange displays at retail establishments
licensed to sell intoxicating liquor.
D.
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.
[R.O. 2007 § 600.200; CC 1979 § 3-11; Ord. No. 509 § 16, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 9, 1-14-2010]
It shall be unlawful for any person under the age of twenty-one (21) years to enter the premises of any licensee holding an intoxicating liquor or malt liquor license for sale by the drink under this Chapter unless accompanied by either a parent or legal guardian; provided, however, that nothing contained in this Section shall be construed as preventing the entrance of anyone under the age of twenty-one (21) years into such premises as permitted by Section 600.190 hereof or a restaurant bar.
[R.O. 2007 § 600.210; CC 1979 § 3-17; Ord. No. 509 § 18, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 9, 1-14-2010]
The room or premises where intoxicating
liquor or malt liquor is sold at retail by the drink for consumption
on the premises shall be open to public entry. Operation of such establishment
in violation of these provisions shall be unlawful. It shall also
be unlawful for any licensee for the sale of any intoxicating liquor
or malt 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 secret in or upon the premises described in such license, any intoxicating
liquor or beer 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.
[1]
Editor's Note: Ord. No. 5324 § 10,
adopted January 14, 2010, repealed § 600.220, Duty Of Licensee
To Prevent Customer From Increasing Alcoholic Content, in its entirety.
Former § 600.220 derived from R.O. 2007 § 600.220;
CC 1979 § 3-18; Ord. No. 509 § 19, 5-24-1979;
Ord. No. 3359 § 5, 12-14-2000. At the Editors' discretion,
this Section has been reserved for the City's future use.
A.
Notwithstanding any other provision of law, it shall not be unlawful for the owner, operator, or employees of a restaurant bar, as defined in Section 600.010, to allow patrons to carry out one (1) or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one (1) or more bottles of unfinished wine under the following conditions:
1.
The patron must have ordered a meal;
2.
The bottle or bottles of wine must
have been at least partially consumed during the meal;
3.
The restaurant bar must provide a
dated receipt for the unfinished bottle or bottles of wine; and
4.
The restaurant bar must securely
reseal the bottle or bottles of wine and place them in one (1) or
more one-time-use, tamperproof, transparent bags and securely seal
the bags.
B.
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in Subsection (A) of this Section, in a vehicle, shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
C.
Notwithstanding any other provision of
law, it shall be lawful for the owner, operator, or employees of a
winery to allow patrons to carry out one (1) or more bottles of unfinished
wine and it shall be lawful for patrons of such winery to carry out
one (1) or more bottles of unfinished wine under the following conditions:
1.
The bottle or bottles of wine must
have been at least partially consumed at the winery;
2.
The winery must provide a dated receipt
for the unfinished bottle or bottles of wine; and
3.
The winery must securely reseal the
bottle or bottles of wine and place them in one (1) or more one-time-use,
tamperproof, transparent bags and securely seal the bags.
D.
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection (C) of this Section shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamperproof, transparent bags with the seals intact.
E.
As used in this Section "winery" means
any establishment at which wine is made.
[Ord. No. 7498, 9-9-2021]
A.
Notwithstanding any provision of this Chapter to the contrary, any
person who is licensed to sell intoxicating liquor at retail by the
drink for on-premises consumption pursuant to the provisions of this
Chapter may sell retailer-packaged alcoholic beverages to customers
in containers, filled on such premises by any employee of the retailer
who is twenty-one (21) years of age or older, for off-premises consumption
if all of the following requirements are met:
1.
The container of alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A sealable container does not include a container
with a lid with sipping holes or openings for straws;
2.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
3.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subsection,
a "meal" is defined as food that has been prepared on-premises;
4.
The number of alcoholic beverages sold under this Section by
a licensee for off-premises consumption is limited to twice the number
of meal services sold by the licensee for off-premises consumption;
5.
The licensee provides the patron with a dated receipt or an
electronic record for the meal and alcoholic beverages;
6.
The container is either:
B.
Containers that are filled under Subsection A of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
C.
The filling of a container under this Section shall be in compliance
with Section 3-304.17(c) of the 2009 Food and Drug Administration
Food Code.
[R.O. 2007 § 600.230; CC 1979 § 3-20; Ord. No. 509 § 21, 5-24-1979; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 11, 1-14-2010; Ord. No. 6385 § 2, 8-13-2015; Ord. No. 6599 § 6, 8-25-2016]
A.
All licensees under this Chapter shall
at all times keep and maintain an orderly place upon the premises.
B.
A premises shall not be deemed an orderly
place if there are at least two (2) instances of disorderly conduct
on the premises in the same liquor license year and the disorderly
conduct promotes disturbances or breaches of the peace, or violations
of the law. Disorderly conduct includes, but is not limited to, the
following:
1.
Actions or conduct which become a
nuisance;
3.
A licensee's failure, or the failure
of the licensee's employees, to immediately prevent or suppress any
violent quarrel, disorder, brawl, fight or other improper or unlawful
conduct of any person upon the premises;
4.
Failing to immediately report to
law enforcement authorities the occurrence of an illegal or violent
act that has been committed on or about the licensed premises, in
the event that a licensee or his/her employee knows or should have
known of such illegal or violent act;
5.
Failing to cooperate with law enforcement authorities during the investigation into an occurrence identified in Subsection (B)(4) of this Section;
6.
Open, repeated, and continuous sales
of intoxicating liquors to minors; and
