[R.O. 2011 §5.08.040; Code 1950 §1201.2; Prior
Code §4-4]
No person shall manufacture intoxicating liquor within the City,
or sell or offer or expose for sale in this City any intoxicating
liquor at wholesale or retail, nor shall any person who shall import
intoxicating liquor into the City sell or offer the same for sale
without first procuring a license as required by this Article.
[R.O. 2011 §5.08.050; Code 1950 §1201.5; Prior
Code §4-5]
All applications for licenses pursuant to the provisions of
this Article shall be addressed to the Council and delivered to the
City Manager, together with such supporting proofs as may be required
by the provisions hereof, or by any rule, regulation or direction
of the Council.
[R.O. 2011 §5.08.060; Prior Code §4-6 (part); Ord. No. 3292 §3; Ord. No. 4665 §1; Ord.
No. 4711 §1; Ord. No. 4731 §1; Ord. No. 5643 §1, 2-8-1988; Ord. No. 5650 §1, 4-18-1988]
A.
No license shall be issued to an applicant to sell all kinds of intoxicating liquors as defined by Section 600.010 for consumption on the premises until the following conditions have been met and complied with:
1.
Petition and filing fee. The applicant shall file with the
City a petition for a license and, except when applying for a renewal
of any license, shall pay a filing fee of twenty-five dollars ($25.00)
to the Director of Finance. Such petition shall be verified by the
applicant and shall set forth:
a.
If
an individual, the full name, age, residence and place of birth of
the applicant; and if a naturalized citizen, the time and place of
naturalization; whether the person is a registered voter and a taxpaying
citizen of the State; whether or not the person has ever been convicted
since the ratification of the 21st Amendment to the Constitution of
the United States of the violation of the provisions of any law applicable
to the manufacture or sale of intoxicating liquors; whether or not
the person has ever been engaged in the manufacture or sale or distribution
of intoxicating liquor, and if so when, where and the nature of the
business; whether or not any distiller, wholesaler, wine maker, brewer,
or any employee, officer or agent of any such person has any financial
interest or proposes to have any financial interest in the retail
business for the sale of intoxicating liquor for which such applicant
is applying for the license; and whether or not any such persons,
either directly or indirectly, have loaned, given or furnished, or
will loan, give or furnish any equipment, money, credit or property
of any kind to such applicant except ordinary commercial credit for
liquor sold to such applicant.
If a corporation, the same information required above from individuals
shall be furnished concerning the person to whom the license is to
be issued; and in addition thereto, the full corporate name or proposed
corporate name, the State of incorporation or proposed State of incorporation,
the address of its principal office, the amount of its capital stock
and the names and addresses of its officers and directors;
b.
The
exact location of the place or premises where the applicant proposes
to engage in such retail liquor business, and particularly and fully
describing the premises, setting forth all entrances to and exits
from such premises, the doors and windows thereof, and the extent
of the visibility of the interior of such premises from any street
or sidewalk or other places on the outside of such premises, and the
kind of businesses, if any, conducted in all other parts of the building
in which the applicant's business is to be conducted;
c.
The
kind of business, if any, which the applicant proposes to conduct
in such premises in addition to the sale of intoxicating liquor, and
the hours which such applicant plans to keep his/her place open for
business of any kind.
2.
Recommendations, etc. Except as provided in Section 600.080, the application must be accompanied by the recommendation of five (5) credible, resident citizens of this City, vouching for the character and reputation of the applicant. A petition must be submitted in favor of the license signed by at least one (1) owner of record of each of the parcels of real estate constituting a majority of the parcels of real estate in the City within a distance of two hundred (200) feet in all directions from the primary public entrance of the premises described in Subsection (1)(b) of this Section. A petition must also be submitted in favor of the license signed by at least one (1) owner of each of the businesses constituting a majority of the business occupying or conducting any business in the City on the main or surface floor within a distance of two hundred (200) feet in all directions from the primary public entrance of the premises described in Subsection (1)(b) of this Section. In the absence of valid petitions described above, the City Council must have a five-sevenths (5/7) vote to approve the license.
3.
Investigation and report by City Manager. It shall be the
duty of the City Manager to cause and to be made an investigation
of such application for the purpose of determining the qualifications
of the applicant and the applicant's compliance with the terms of
this Article; and the City Manager shall report the facts so found
to the Council, together with any recommendations upon such application,
and the Council shall take action thereupon.
4.
When license not to be issued. No license shall be issued
pursuant to this Article unless the following conditions have been
met and complied with:
a.
The
applicant, if an individual; the partners, if a partnership; the applicant,
directors or officers, if a corporation; is/are a person/persons of
good moral character, a native born or naturalized citizen of the
United States of America, a qualified legal voter and taxpaying citizen
of the United States of America, a qualified legal voter and taxpaying
citizen of the State; or to anyone whose license to manufacture or
sell intoxicating liquors, issued by this or any other municipality
or State, has been revoked within three (3) years of the date of such
person's application, or to anyone who has ever been convicted, since
the ratification of the 21st Amendment to the Constitution of the
United States, of a violation of the provisions of any law applicable
to the manufacture or sale of intoxicating liquors, or employs or
intends to employ in their business any person whose license to deal
in intoxicating liquors has been revoked within three (3) years of
the date of the filing of such application, or has been convicted
of violating such law since the date aforesaid;
b.
The
Council shall find that issuance thereof will serve the public convenience
or necessity.
5.
Public hearing — notice of hearing. Before taking action upon any application for a license pursuant to this Article, the Council shall hold a public hearing thereon, and the Council shall direct the City Clerk to give notice of such public hearing to those the Council shall deem appropriate. Such public notice shall be posted on the premises described in Subsection (1)(b) of this Section. Upon such hearing the applicant may produce testimony under oath and be represented by counsel, and the Council shall have the power to subpoena witnesses and take their testimony pertaining to all matters connected with the petition of the applicant, and any person interested in or affected by such application shall have the right to attend such hearing, produce witnesses and testimony.
A.
Licensees
desiring to renew current licenses shall, at least sixty (60) days
prior to the expiration of the license, file with the Director of
Finance an application for renewal. Upon payment of the license fee
made payable to the City of University City, the City Manager's office
shall authorize renewal of the license for an additional license year
with Police Department approval, statement of compliance with the
applicable license classification requirements, and if the conditions
under which the original license was issued have not changed. The
City Manager's office shall notify the Council of all renewed licenses.
B.
In the
event the City Manager's office determines the condition under which
the original license was issued have changed, the license shall not
be renewed. The City Manager shall, at the following scheduled Council
meeting, present to the Council a statement that the license has not
been renewed and the reasons therefor.
C.
The Council
may, in its discretion, renew or reject the license for an additional
year and may prescribe conditions for the renewal of the license.
D.
The licensee
may request a public hearing before the Council concerning the renewal
of the license.
[R.O. 2011 §5.08.080; Prior Code §4-6 (part); Ord. No. 3292 §3; Ord. No. 4665 §1; Ord.
No. 4711 §1; Ord. No. 4731 §1; Ord. No. 5643 §1, 2-8-1988; Ord. No. 5650 §1, 4-18-1988]
A.
Any license
issued under this Article may be granted to a successor owner of the
business at the same location, upon payment of the fee therefor; provided
that such successor owner:
[R.O. 2011 §§5.08.030, 5.08.090; Ord. No. 6557 §1 (part), 2005; Ord. No. 6637 §1, 2006]
A.
Any person applying for a license as described in this Section shall meet the qualifications stated in Section 600.150 hereof. The various classes of licenses, their terms and regulations and license fees to be paid to the Director of Finance upon the issuance of licenses pursuant to this Article upon application therefor shall be as follows:
1.
Manufacturers, brewers, etc.
a.
For
the privilege of manufacturing and brewing in this City malt liquor
containing not in excess of five percent (5%) of alcohol by weight,
the sum of three hundred seventy-five dollars ($375.00);
b.
For
the privilege of manufacturing in this City intoxicating liquor containing
not in excess of twenty-two percent (22%) of alcohol by weight, the
sum of three hundred dollars ($300.00);
c.
For
the privilege of manufacturing, distilling or blending intoxicating
liquor of all kinds within this City, the sum of six hundred seventy-five
dollars ($675.00);
d.
Wine or brandy manufacturer's license, fee — use of materials
produced outside state, limitation, exception — what sales may
be made, when.
(1)
For the privilege of manufacturing wine or brandy, which manufacturing
shall be in accordance with all provisions of Federal law applicable
thereto except as may otherwise be specified in this Subparagraph,
in quantities not to exceed five hundred thousand (500,000) gallons,
not in excess of eighteen percent (18%) of alcohol by weight for wine,
or not in excess of thirty-four percent (34%) of alcohol by weight
for brandy, from grapes, berries, other fruits, fruit products, honey,
and vegetables produced or grown in the State of Missouri, exclusive
of sugar, water and spirits, there shall be paid to and collected
by the Director of Revenue, in lieu of the charges provided in Section
311.180, RSMo., a license fee of seven dollars fifty cents ($7.50)
for each five hundred (500) gallons or fraction thereof of wine or
brandy produced up to a maximum license fee of four hundred fifty
dollars ($450.00).
(2)
Notwithstanding the provisions of paragraph (1) of this Subparagraph,
a manufacturer licensed under this Subparagraph may use in any calendar
year such wine- and brandy-making material produced or grown outside
the State of Missouri in a quantity not exceeding fifteen percent
(15%) of the manufacturer's wine entered into fermentation in the
prior calendar year.
(3)
In any year when a natural disaster causes substantial loss to the
Missouri crop of grapes, berries, other fruits, fruit products, honey
or vegetables from which wines are made, the Director of the Department
of Agriculture shall determine the percent of loss and allow a certain
additional percent, based on the prior calendar year's production
of such products, to be purchased outside the State of Missouri to
be used and offered for sale by Missouri wineries.
(4)
A manufacturer licensed under this Subparagraph may purchase and
sell bulk or packaged wines or brandies received from other manufacturers
licensed under this Subparagraph and may also purchase in bulk, bottle
and sell to duly licensed wineries, wholesalers and retail dealers
on any day except Sunday, and a manufacturer licensed under this Subparagraph
may offer samples of wine, may sell wine and brandy in its original
package directly to consumers at the winery, and may open wine so
purchased by customers so that it may be consumed on the winery premises
on Monday through Saturday between 6:00 A.M. and Midnight and on Sunday
between 9:00 A.M. and 10:00 P.M.
2.
Wholesalers.
a.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of malt liquor containing not in excess of five
percent (5%) of alcohol by weight to, by or through a duly licensed
wholesaler within this City, the sum of seventy-five dollars ($75.00);
b.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight to, by or through
a duly licensed wholesaler, the sum of one hundred fifty dollars ($150.00);
c.
For
the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds to, by or
through a duly licensed wholesaler, the sum of three hundred seventy-five
dollars ($375.00);
d.
For
the privilege of selling intoxicating liquor containing not in excess
of five percent (5%) of alcohol by weight by a wholesaler to a person
duly licensed to sell such malt liquor at retail, the sum of one hundred
fifty dollars ($150.00);
e.
For
the privilege of selling intoxicating liquor containing not in excess
of twenty-two percent (22%) of alcohol by weight by a wholesaler to
a person duly licensed to sell such intoxicating liquor at retail,
the sum of three hundred dollars ($300.00);
f.
For
the privilege of selling intoxicating liquor of all kinds by a wholesaler
to a person duly licensed to sell such intoxicating liquor at retail,
the sum of seven hundred fifty dollars ($750.00); however, a license
authorizing the holder to sell to a duly licensed wholesaler shall
not entitle the holder thereof to sell within the City direct to retailers;
further, a wholesaler's license shall not authorize or entitle the
holder thereof to sell to other wholesalers or to solicit orders for
the sale of intoxicating liquors to, by or through a duly licensed
wholesaler within this City. However, solicitors, manufacturers and
blenders of intoxicating liquor shall not be required to take out
a merchant's license for the sale of their products at the place of
manufacture or in quantities of not less than one (1) gallon.
3.
Retailers.
a.
The applicant for any license under Subsection (3)(a), (b), (c) or (e) of this Section, except when applying for a renewal of any license, shall pay a filing fee of twenty-five dollars ($25.00) therefor to the Director of Finance. No license shall be issued for the sale of all kinds 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 a grocery store, a drugstore or a cigar and tobacco store; however, the total number of cigar and tobacco store licenses in force shall not exceed two (2). The gross receipts of retail sales of groceries or drugs, or other associated products, shall exceed the gross receipts of liquor sales each year preceding license renewals; except that any existing retail outlet for intoxicating liquor in the original package, which has been in existence prior to the enactment of the ordinance codified in this Chapter and also in the event of a sale of such business, shall be eligible for renewal of its license at its present site, if it keeps 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 law. For every license for sale at retail in the original package, the licensee shall pay to the Director of Finance the sum of one hundred fifty dollars ($150.00) per year.
b.
For
a permit authorizing the sale of malt liquor not in excess of five
percent (5%) by weight by grocers and other merchants and dealers
in the original package direct to consumers but not for resale, a
fee of seventy-five dollars ($75.00) per year payable to the Director
of Finance shall be required. The phrase "original package" shall be construed and held to refer to any package containing three
(3) or more standard bottles of beer. Notwithstanding the provisions
of Section 311.290, RSMo., any person licensed pursuant to this paragraph
may also sell malt liquor at retail between the hours of 9:00 A.M.
and Midnight on Sunday.
c.
For
every license issued for the sale of malt liquor at retail by drink
for consumption on the premises where sold, the licensee shall pay
to the Director of Finance the sum of seventy-five dollars ($75.00)
per year. Notwithstanding the provisions of Section 311.290, RSMo.,
any person licensed pursuant to this paragraph may also sell malt
liquor at retail between the hours of 9:00 A.M. and Midnight on Sunday.
d.
For
every license issued for the sale of all kinds of intoxicating liquor
at retail by the drink for consumption on premises of licensee, the
licensee shall pay to the Director of Finance the sum of four hundred
fifty dollars ($450.00) per year; however, no license shall hereafter
be issued except to:
(1)
A music school whose principal business is music; whose primary operating
revenue is derived from teaching and performing music; who has an
enrollment of at least five hundred (500) students and provides weekly
instruction to its students; who regularly or customarily holds concerts,
receptions, recitals, or similar events or gatherings at the school;
and who is not prohibited by Section 311.080, RSMo. (sale of liquor
near schools and churches) from selling intoxicating liquor at the
school;
(2)
The owner, proprietor, manager or keeper of a bona fide restaurant
or hotel dining room where food is regularly or customarily sold at
tables for consumption on premises, at retail, in the ordinary and
usual course of the restaurant business, which license shall include
the sale of intoxicating liquor in the original package; or
(3)
A movie theatre which has gross annual sales in excess of two hundred fifty thousand dollars ($250,000.00) and has been in operation for at least one (1) year. No license shall be issued under Subsection (3)(d)(2) of this Section unless the licensee shall conduct fifty percent (50%) or more of his/her sales volume in food on such premises or which has an annual gross income of at least two hundred seventy-five thousand dollars ($275,000.00) from the sale of prepared meals or food consumed on the premises. For the initial license year, the licensee under Subsection (3)(d)(2) or (3)(d)(3) of this Section shall estimate his/her sales volume; and for each year thereafter, the sales volume shall be determined by the previous six (6) months' sales, or that part of the license term during which the licensee holds his/her license. The provisions of this Subsection as to the sale of food on the licensed premises shall not apply to any location licensed hereunder on the effective date of the ordinance codified in this Chapter or to any transferee at the location, provided such location has operated under a license within twelve (12) months prior to the applicant's filing for a license under this Section.
e.
For
every license issued for the sale of malt 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, or light wines containing
not in excess of fourteen percent (14%) of alcohol by weight exclusively
from grapes, berries and other fruits and vegetables, or both such
malt liquor and wine, at retail by the drink for consumption on premises
of the licensee, the licensee shall pay to the Director of Finance
the sum of seventy-five dollars ($75.00) per year, which shall include
the sale of such malt liquor and wine in the original package; however,
no license shall hereafter be issued except:
(1)
The owner, proprietor, manager or keeper of a bona fide restaurant
or hotel dining room where food is regularly or customarily sold at
tables for consumption on premises, at retail, in the ordinary and
usual course of the restaurant business; and no such license shall
be issued unless the licensee shall conduct fifty percent (50%) or
more of his/her sales volume in food 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 the premises;
or
(2)
A movie theatre which has gross annual sales in excess of two hundred
fifty thousand dollars ($250,000.00) and has been in operation for
at least one (1) year. For the initial license year, the licensee
shall estimate his/her sales volume; and for each year thereafter,
the sales volume shall be determined by the previous six (6) months'
sales, or that part of the license term during which the licensee
holds his/her license. The provisions of this Subsection as to the
sale of food on the licensed premises shall not apply to any location
licensed hereunder on the effective date of the ordinance codified
in this Chapter or to any transferee at the location, provided such
location has operated under a license within twelve (12) months prior
to the applicant's filing for a license under this Section.
f.
In original package and not more than twenty-two percent (22%) alcohol. For each license for the sale of intoxicating liquor, in the original
unbroken package or container only, containing not in excess of twenty-two
percent (22%) alcohol by weight, the licensee shall pay to the Director
of Finance the sum of seventy-five dollars ($75.00) per year.
g.
Clubs. For each license issued to a club as defined in this
Section for sale of any and all kinds of intoxicating liquor at retail
by the drink for consumption in, at or on the premises where sold,
which shall also include sales in the original package, the licensee
shall pay to the Director of Finance the sum of two hundred dollars
($200.00) per year.
"Club", as used in this Chapter, means a duly
organized branch or local unit of a fraternal society, which fraternal
society shall have national organization of at least five hundred
thousand (500,000) members, and an affiliated State organization in
at least three-fourths (¾) of the United States, and which
branch or local unit shall have a meeting place within the boundaries
of the City. Sales under such licenses shall be made only to members
of such club, the families of such members, and to the guests of such
members. The word "guest", as used in this Chapter,
means and applies to any person who has been specifically invited
in the premises and who is accompanied by one (1) or more of the members
of such club, members of any group or organization during the time
that such group or organization is actually occupying the premises,
or any part thereof, at the invitation or by the consent of such club,
or any person while in attendance at any function conducted by such
group or organization.
No signs advertising the sale of alcoholic beverages shall be
displayed on the premises of any such club.
4.
All
licenses issued under this Article shall expire on the thirty-first
(31st) day of December following the date of its issuance; provided
that if the effective date thereof is on or after the first (1st)
day of July of any year, half (½) the annual fee provided in
this Section shall be paid. The renewal license shall run from January
first (1st) through December thirty-first (31st).
5.
Picnic liquor licenses — waiver of chapter requirements.
a.
Yearly
multiple picnic liquor licenses may be approved by the City Council.
Such multiple licenses shall be only incidental to the applicant's
main activity and may be limited to the sale of beer and wine by the
drink only. Multiple picnic liquor licenses can be issued at one (1)
time for a maximum of twenty (20) licenses a year. Other provisions
of this Chapter notwithstanding, the City Council may in its discretion
waive any and all requirements otherwise applicable to licensees under
this Chapter, except requirements relating to moral character, in
approving the issuance of a picnic liquor license; and said license
shall be issued by the Director of Finance without charge.
b.
The
City Manager is authorized to issue picnic liquor licenses to applicants
who have been issued a picnic liquor license by the City within ten
(10) years preceding the application date or who are applying for
such a license for a location where picnic liquor license sales were
permitted under a picnic liquor license issued by the City within
the ten (10) year period, provided the applicant or previous licensee
at the location applied for, did not engage in disorderly or undesirable
conduct or conduct a disorderly or undesirable business there when
the license was in effect, and the issuance will be for the public
good or benefit. The City Manager shall be subject to the other provisions
in this Section to the same extent as the City Council.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred fifty (150) 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 City Council, or other proper
authorities of the City, except that when a school, church or place
of worship shall hereafter be established within one hundred fifty
(150) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred fifty
(150) feet of the proposed licensed premises.
[R.O. 2011 §5.08.110; Prior Code §4-9; Ord. No. 3767 §1]
In the event any individual licensee who has obtained any license provided for in Section 600.040 shall be deceased during the term for which such license is issued, then such license may continue with the approval of the Council until the expiration thereof, and the privileges conferred thereby may be exercised by the administrator, executor or next of kin of such deceased licensee. In such event such administrator, executor or licensee shall report the death of the original licensee to the City Manager, together with the name and address of the person by whom the business of such licensee is to be conducted.
[R.O. 2011 §5.08.120; Code 1950 §1201.14; Prior
Code §4-10]
All licenses issued pursuant to the provisions of this Article
shall be kept conspicuously posted in the place for which such license
was issued.
[R.O. 2011 §5.08.130; Code 1950 §1201.21; Prior
Code §4-11]
In addition to the penalties prescribed for violations of this
Article, the Council may, upon its own motion or upon the complaint
of any person, revoke or suspend, for such time as the Council may
deem necessary and proper, any license issued under the provisions
hereof. Before revoking or suspending any license, the Council shall
give the licensee at least three (3) days' written notice of any complaint
or charge against the licensee, the nature of such complaint, and
the date fixed for a hearing thereupon, at which hearing the licensee
shall have the right to have counsel and to produce witnesses in his/her
behalf. In revoking or suspending any such license, it shall not be
necessary for the Council to find that the licensee has been guilty
of a violation of the terms of this Article, but the Council may revoke
or suspend such license if it shall be of the opinion that the licensee
has been guilty of disorderly or undesirable conduct, or has been
conducting a disorderly or undesirable place of business, and that
the revocation or suspension of his/her license would be for the public
good or benefit.
[R.O. 2011 §5.08.140; Prior Code §4-12; Ord. No. 3292 §2]
In the event that any license issued under the provisions of
this Article shall for any cause be revoked as provided in this Article,
no portion of the fee paid therefor shall be refunded.
[R.O. 2011 §5.08.150; Code 1950 §1201.3; Prior
Code §4-13; Ord. No. 3161 §1; Ord. No. 3789 §1; Ord. No. 4712 §1]
No individual shall be granted a license under the provisions
of this Article unless such individual is of good moral character
and a qualified legal voter and taxpaying citizen of the State, and
no individual or person shall be granted a license hereunder whose
license has been revoked by this or any other municipality or State
of the United States of America within two (2) years prior to the
date of the filing of the application, or who has ever been convicted
since the ratification of the 21st Amendment to the Constitution of
the United States of a violation of the provisions of any law applicable
to the manufacture or sale of intoxicating liquors or who employs
in his/her business as such dealer a person whose permit or license
has been revoked or who has been convicted of violating such law since
the date aforesaid, or whose license has been revoked by this or any
other municipality or any State of the United States of America within
the past two (2) years.
[R.O. 2011 §5.08.160; Prior Code §4-14; Ord. No. 3811 §1]
Any person licensed to sell intoxicating liquor under the provisions
of this Article may, upon application to the Council, be authorized
to change the location of his/her place of business during the term
of such license; provided that the proposed new location complies
with all the conditions prescribed in this Article relating to the
location where intoxicating liquor may be sold.
It shall be unlawful for the holder of any license authorized
by this Chapter, for the sale of any intoxicating liquor at retail
by the drink for consumption on the premises where sold, to keep or
secrete, or to allow any other person to keep or secrete in or upon
the premises described in such license, any intoxicating liquor, other
than the kind of liquor expressly authorized to be sold by such license,
or any kind of liquor used exclusively as an ingredient in any foods
being prepared and sold on the premises.
[R.O. 2011 §5.08.190; Code 1950 §1201.9; Prior
Code §4-17]
Nothing in this Article shall be so construed as to authorize
the sale at retail of intoxicating liquor, whether by the drink for
consumption on the premises where sold, or in the original package
for use elsewhere, in a place commonly known as a "saloon", or in
any place where the sole business carried on shall be the sale at
retail of intoxicating liquor.
[R.O. 2011 §5.08.210; Code 1950 §1201.11; Prior
Code §4-19]
No person holding a license to sell intoxicating liquor by the
drink at retail shall suffer or permit any child under the age of
sixteen (16) years to be employed or work in, or in connection with,
any entertainment or cabaret conducted in any place where intoxicating
liquor is sold by the drink at retail.
B.
In any
place of business licensed in accordance with Section 311.200, RSMo.,
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 Chapter 311, RSMo. and 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. 2011 §5.08.220; Ord. No. 6685 §1(part), 2007]
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. Notwithstanding any provision of this Code to
the contrary, 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/her parent or guardian, is guilty of an ordinance violation.
C.
It shall
be a defense to prosecution under this Section if:
1.
The
defendant is a licensed retailer, club, drinking establishment, or
caterer or holds a temporary permit, or an employee thereof;
2.
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
3.
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.
[R.O. 2011 §5.08.222; Ord. No. 6685 §1(part), 2007]
A.
A valid
and unexpired operator's or chauffeur's license issued under the provisions
of Section 302.177, RSMo., or a valid and unexpired operator's or
chauffeur's license issued under the laws of any State or territory
of the United States to residents of those States or territories,
or a valid and unexpired identification card as provided for under
Section 302.181, RSMo., or a valid and unexpired identification card
issued by any uniformed service of the United States, or a valid and
unexpired passport shall be presented by the holder thereof upon request
of any agent of the Missouri 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.
B.
Upon
proof by the licensee of full compliance with the provisions of this
Section, no penalty shall be imposed if the supervisor of the Missouri
Division of Alcohol and Tobacco Control or the courts are satisfied
that the licensee acted in good faith.
C.
Any person
who shall, without authorization from the Missouri 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. 2011 §5.08.224; Ord. No. 6685 §1(part), 2007]
A.
Any person
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.
B.
In addition to any other penalties established in Subsection (A) of this Section, 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.
[R.O. 2011 §5.08.226; Ord. No. 6685 §1(part), 2007]
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. 2011 §5.08.230; Ord. No. 6685 §1 (part), 2007]
A.
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 or who is visibly intoxicated as defined in Section 342.010, 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 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, 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.
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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.
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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 Subsection (C)(3) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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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) years 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.
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[R.O. 2011 §5.08.240; Ord. No. 6557 §1(part), 2005]
A.
No person
having a license under this Article, 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 a
person has a license to sell intoxicating liquor by the drink under
this Article, the licensee's premises shall be and remain a closed
place as defined in this Section between the hours of 1:30 A.M. Sunday
and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. and 6:00
A.M. Monday. Where such licenses authorizing the sale of intoxicating
liquor by the drink are held by clubs or hotels, this Section shall
apply only to the room or rooms in which intoxicating liquor is dispensed;
and where such licenses are held by restaurants whose business is
conducted in one (1) room only and substantial quantities of food
and merchandise other than intoxicating liquors are dispensed, then
the licensee shall keep securely locked during the hours and on days
specified in this Section all refrigerators, cabinets, cases, boxes,
and taps from which intoxicating liquor is dispensed.
C.
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.
D.
When
January first (1st), March seventeenth (17th), July fourth (4th),
or December thirty-first (31st) falls on Sunday, and on 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 the 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 law
to the contrary.
E.
Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and Midnight on Sundays.
[R.O. 2011 §5.08.250; Code 1950 §1201.15; Prior
Code §4-23]
It is unlawful for any manufacturer, brewer or distiller of
intoxicating liquor, or any wholesale dealer therein, either directly
or indirectly, to sell or deliver intoxicating liquor of any kind
to any person not licensed under the provisions of this Article to
sell intoxicating liquor at retail.
[R.O. 2011 §5.08.260; Code 1950 §1201.16; Prior
Code §4-24]
Distillers, wholesalers, winemakers, brewers or their employees,
officers or agents shall not, except as provided in this Section,
directly or indirectly, have any financial interest in the retail
business for sale of intoxicating liquors, and shall not, except as
provided in this Section, directly or indirectly, loan, give away
or furnish equipment, money, credit or property of any kind, except
ordinary commercial credit for liquors sold to such retail dealers.
However, notwithstanding any other provision of this Chapter to the
contrary, for the purpose of the promotion of tourism, a distiller
whose manufacturing establishment is located within this State may
apply for and the Supervisor of Liquor Control may issue a license
to sell intoxicating liquor, as in this Chapter defined, by the drink
at retail for consumption on the premises where sold; and provided
further that the premises so licensed shall be in close proximity
to the distillery and may remain open between the hours of 6:00 A.M.
and Midnight, Monday through Saturday and between the hours of 11:00
A.M. and 9:00 P.M., Sunday. The authority for the collection of fees
by Cities and Counties as provided in Section 311.220, RSMo., and
all other laws and regulations relating to the sale of liquor by the
drink for consumption on the premises where sold, shall apply to the
holder of a license issued under the provisions of this Section in
the same manner as they apply to establishments licensed under the
provisions of Section 311.085, 311.090, or 311.095, RSMo.
[R.O. 2011 §5.08.270; Code 1950 §1201.17; Prior
Code §4-25]
It shall be the duty of every holder of a license to manufacture
intoxicating liquor under this Article or to sell same at wholesale,
upon the sale and delivery of any such liquor to any person, to furnish
the City whenever requested a duplicate copy of the invoice, setting
forth the name of the person to whom delivered, the amount of such
liquor delivered and the alcoholic content thereof.
[R.O. 2011 §5.08.280; Code 1950 §1201.18; Prior
Code §4-26]
It is unlawful for any holder of a license to manufacture and
sell intoxicating liquor or to sell liquor at wholesale in the City
or to ship liquor out of the State or to any point in the State outside
of the City limits for the purpose or with the intent of having such
liquor transported into the City so as to evade any of the requirements
of this Article.
[R.O. 2011 §5.08.290; Code 1950 §1201.19; Prior
Code §4-27]
No person licensed under the provisions of this Article to sell
intoxicating liquor at retail in the original package not to be consumed
on the premises where sold shall sell any such intoxicating liquor
in any original package containing less than eight (8) ounces.
