[R.O. 2011 §5.08.010; Code 1950 §1202.6; Prior
Code §4-1; Ord. No. 3292 §1]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
An intoxicating liquor containing alcohol 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.
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.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
Includes that part of the building in which a licensee under
this Chapter has his/her place of business and any additional building
or parts of buildings used in connection with such business, and the
entire lot or parcel of land on which such building or buildings are
situated, and which are used in connection with such business.
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
Any individual or incorporated or unincorporated company
engaged in the business of transportation for hire of goods and merchandise
by means of any vessel, railroad cars, motor vehicle, airplane or
other means of conveyance whatsoever to whom or to which any of the
provisions of this Chapter applies or may apply.
Any person who solicits, receives or takes orders for the
purchase and delivery of any intoxicating liquor for resale to other
persons.
[R.O. 2011 §5.08.020; Code 1950 §§1201.21
— 1201.22; Prior Code §4-2]
For the proper administration of this Chapter the City Manager
may, with the approval of the Council, prescribe such rules, orders
and regulations as may be deemed necessary, which shall be faithfully
observed by all licensees or applicants for a license.
A.Â
Notwithstanding
any other provision of this Chapter or Chapter 311, RSMo., a permit
for the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political, or charitable club
or organization for the sale of such intoxicating liquor at a picnic,
bazaar, fair, or similar gathering. The permit shall be issued only
for the day or days named therein and it shall not authorize the sale
of intoxicating liquor for more than three (3) days by any such club
or organization.
B.Â
To secure
the permit, the applicant shall complete a form provided by the City
, but no applicant shall be required to furnish a personal photograph
as part of the application. The applicant shall pay a fee of twenty-five
dollars ($25.00) for such permit.
C.Â
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.Â
At the
same time that an applicant applies for a permit under the provisions
of this Section, the applicant shall notify the Director of Revenue
of the holding of the event and by such notification, by certified
mail, shall accept responsibility for the collection and payment of
any applicable sales tax. Any sales tax due shall be paid to the Director
of Revenue within fifteen (15) days after the close of the event,
and failure to do so shall result in a liability of triple the amount
of the tax due plus payment of the tax, and denial of any other permit
for a period of three (3) years. Under no circumstances shall a bond
be required from the applicant.
E.Â
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.
