[CC 1984 §4-1; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-1]
This Article shall be known and may be cited as the "Alcoholic
Beverage Code".
[CC 1984 §4-2; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-2]
The provisions of this Article shall apply to the City.
[CC 1984 §4-3; Ord. No. 3068 §1, 12-18-1972; Ord. No. 3140 §4-3; Ord. No. 3722 §12, 6-1-1981; Ord. No. 3765 §8, 12-7-1981; Ord.
No. 4110 §1, 4-7-1986; Ord. No. 4215 §1, 6-6-1988]
As used in this Article, the following terms shall have these
prescribed meanings:
An area or areas within a building or group of buildings
designated for the eating of food and drinking of liquor sold at retail
by establishments which do not provide areas within their premises
for the consumption of food and liquor; where the costs of maintaining
such area or areas are shared by the payment of common area maintenance
charges, as provided in the respective leases permitting the use of
such areas, or otherwise; and where the annual gross income from the
sale of prepared meals or food consumed in such common eating and
drinking area is, or is projected to be, at least two hundred seventy-five
thousand dollars ($275,000.00).
The City Manager.
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes, containing in excess of one-half
of one percent (.5%) by volume except for non-intoxicating beer as
defined in Section 312.010, RSMo. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter, but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
Any wine manufactured exclusively from grapes, berries and
other fruits and vegetables and containing not in excess of fourteen
percent (14%) of alcohol by weight.
A roofed over common pedestrian area within a building and
enclosing fifty (50) or more tenants and occupancies such as retail
stores, drinking and dining establishments, entertainment and amusement
facilities, offices and other similar uses wherein tenants and pedestrians
have a common entrance. Anchor stores shall not be considered as part
of the mall.
Any intoxicating liquor of fermented malt known as beer,
ale or malt liquor.
[Ord. No. 5222 §1, 6-17-2013]
Any person under the age of twenty-one (21) years.
Any package containing three (3), six (6), twelve (12), or
twenty-four (24) small standard beer bottles, and any package containing
three (3), six (6) or twelve (12) large standard beer bottles, when
such bottles contain non-intoxicating beer as defined by this Chapter.
Includes the place or places within a specified structure
where intoxicating liquor is sold and consumed, provided however,
that the premises and the place or places where intoxicating liquor
is sold and consumed shall, at the time of application for any license
hereunder, be fully described in such application, but the place or
places described in the application need not be adjoining and contiguous
rooms or areas.
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.
The sale of any intoxicating liquor except malt liquor, in
the original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink", and may be made only by a holder
of a retail liquor dealer's license and when so made, the container
in every case shall be emptied and the contents thereof served as
other intoxicating liquors sold by the drink are served.
[CC 1984 §4-4; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-4;
Ord. No. 3765 §1, 12-7-1981]
Except as otherwise provided in this Article, no person shall
sell or expose for sale any intoxicating liquor in the City without
first having obtained from the City a license.
[CC 1984 §4-5; Ord. No. 3068 §1, 12-28-1971; Ord. No. 3140 §4-5]
Each license shall apply only to the class for which issued
and for the premises specifically described in the license and shall
not be transferable nor assignable.
[CC 1984 §4-10; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-6]
All licenses issued pursuant to the provisions of this Article
shall be kept conspicuously posted in the premises for which such
license was issued.
[CC 1984 §4-11; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-7; Ord. No.
3722 §1, 6-1-1981]
A.
Applications
for licenses to sell intoxicating liquor shall be filed with the Director
on forms furnished by him/her. Each application shall be signed by
the applicant and acknowledged by him/her in the same manner as deeds
for the conveyance of real estate.
B.
If
the applicant is a joint venture, partnership or group other than
a corporation, the application shall be made by all individuals who
are members of such joint venture, partnership or group. If the applicant
is a corporation, the application shall be made by a managing officer
of the corporation. A corporate applicant shall state:
1.
The names and addresses of its registered agents, officers and directors;
2.
The number of shares in the corporation owned by each and the percentage
those shares bears to the total outstanding shares of the corporation;
3.
The names and addresses of the ten (10) principal stockholders of
the corporation; and
4.
The number of shares in the corporation owned by each such principal
stockholder and the percentage those shares bears to the total outstanding
shares of the corporation.
C.
The
signature of the applicant shall constitute an agreement that the
applicant will assume responsibility for compliance with the provisions
of this Article and the laws of this State regulating the sale of
intoxicating liquor.
D.
All
applications except applications for renewal of licenses filed with
the Director shall be accompanied by a filing fee of one hundred fifty
dollars ($150.00). The Director shall take no action on an application
unless the filing fee has been paid.
E.
No
person shall knowingly make any untrue or misleading statement in
any application, nor knowingly omit to state a material fact necessary
in order to make the statement contained in the application not misleading.
[CC 1984 §4-12; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-8; Ord. No.
3722 §2, 6-1-1981; Ord. No. 3765 §2, 12-7-1981]
A.
Each
application for a license to sell intoxicating liquor shall contain
the following information and any additional information which may
be required by this Chapter:
1.
The exact location and description of the premises to be covered
by the license.
2.
The kind of business which the applicant proposes to conduct on such
premises in addition to the sale of intoxicating liquor and the hours
which the applicant plans to keep his/her place open for such other
business.
3.
Whether or not the applicant has ever been arrested, charged, indicted
or convicted of any violation of Federal law, law of the State or
any other State, City or County ordinance involving moral turpitude
or any violation of law regulating control or prohibiting the sale
of intoxicating liquor.
4.
The full names, date of birth, place of birth, residence addresses
for the five (5) years preceding the date of the application of all
individual applicants and, in the case of a corporation, for the managing
officer and each officer of the corporation.
B.
Each
applicant for a license to sell intoxicating liquor shall submit with
his/her application a certificate of voter registration and a paid
tax bill for the last tax year issued by some subdivision of the State.
C.
The
Director is authorized to require such additional information necessary
to carry out the intent and purpose of this Article.
[CC 1984 §4-13; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-9; Ord. No.
3722 §3, 6-1-1981]
The Director shall investigate all applications for licenses
for sale of intoxicating liquor and shall report, in writing, to the
Council the results of such investigation and make a recommendation
concerning the applications.
[CC 1984 §4-14; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-10; Ord.
No. 3722 §4, 6-1-1981; Ord. No. 3765 §3, 12-7-1981; Ord.
No. 4588 §1, 5-15-1995]
A.
Each
application for the sale of intoxicating liquor shall be approved
or disapproved by motion, second and affirmative vote of a majority
of the Council. No person has a natural or inherent right or privilege
to engage in the sale of liquor. The approval or disapproval of each
application shall be within the sole discretion of the Council.
B.
Prior
to the approval of the application by the Council, any person objecting
to the issuance of such license may request a public hearing before
the Council.
C.
In
the event the Director recommends that no such license be issued by
the Council, the applicant may request a public hearing before the
Council.
D.
Requests
for a public hearing shall be in writing and specifically state why
the license should or should not be granted. The Council may in its
discretion grant or deny such request for a public hearing.
E.
Timely
written notice of the hearing shall be given by the Clerk to the applicant
or the party requesting the hearing.
F.
Upon
approval of the Council, the Director shall issue a letter directed
to the State Supervisor of Liquor Control advising that officer of
such approval.
[CC 1984 §4-20; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-11; Ord.
No. 3722 §5, 6-1-1981]
B.
Each
license issued under the provisions of this Article shall particularly
describe the premises at which intoxicating liquor may be sold and
shall not be deemed to authorize nor permit the sale of intoxicating
liquor at any place other than that described in the license.
C.
Whenever
a license is approved by the Director and the license covers premises
for two (2) or more places which are composed of non-adjoining or
non-contiguous rooms or areas, the annual license fee set forth in
this Article shall be paid for each such non-adjoining or non-contiguous
place specified in the license; provided however, that only one (1)
application fee shall be charged for the premises described in the
application.
D.
The
license year shall run from July first (1st) to June thirtieth (30th)
and all licenses shall expire on June thirtieth (30th). All annual
license fees shall be payable on or before July first (1st) annually.
All applicants who apply for licenses to commence business and shall
commence business before July first (1st) shall pay for such license
one-twelfth (1/12) of the annual fee for every month or part thereof
from the date of issuance to the beginning of the ensuing license
year.
[CC 1984 §4-24; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-15;
Ord. No. 3585 §1, 8-20-1979; Ord. No. 3765 §4, 12-7-1981]
A.
No
license shall be issued to:
1.
A person or managing officer who is not a resident of the State;
who is not of good moral character and reputation; who has been convicted
of a felony; a person or managing officer of a corporation who is
not of good moral character and a qualified legal voter and taxpaying
citizen of this State; or a person, managing officer of a corporation
not meeting the requirements of Section 311.060, RSMo.; or whose license
under this Article has been revoked for cause; or who at the time
of application for renewal of any license hereunder would not be eligible
for such license upon a first (1st) application.
2.
Qualifications for license.
a.
No person, partnership or corporation shall be qualified for a license
under this Chapter if such person, any member of such partnership,
or such corporation, or any officer, director, or any stockholder
owning, legally or beneficially, directly or indirectly, ten percent
(10%) or more of the stock of such corporation, or other financial
interest therein, or ten percent (10%) or more of the interest in
the business for which the person, partnership or corporation is licensed,
or any person employed in the business licensed under this law shall
have had a license revoked under this law or shall have been convicted
of violating the provisions of any law applicable to the manufacture
or sale of intoxicating liquor since the ratification of the twenty-first
amendment to the Constitution of the United States, or shall not be
a person of good moral character.
b.
No license issued under this Chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor so long as any such employee does not
directly participate in retail sales of intoxicating liquor. Each
employer shall report the identity of any employee convicted of a
felony to the Division of Liquor Control.
3.
Any person, unless the real and personal property taxes on the premises
and personalty therein and all taxes and licenses applicable to the
premises, personalty and business have been paid.
4.
A person for sale of intoxicating liquor on premises where such activity
is not permitted by the zoning ordinance, as amended, nor shall any
license be issued for premises where such activity would be detrimental
or incompatible with the character and welfare of the surrounding
neighborhood.
[CC 1984 §4-73; Ord. No. 3068 §1, 12-28-1971; Ord. No. 3140 §4-39; Ord. No. 3722 §14, 6-1-1981; Ord. No. 3765 §9, 12-7-1981; Ord.
No. 4110 §3, 4-7-1986; Ord. No. 4505 §1, 8-2-1993; Ord.
No. 4578 §2, 3-20-1995; Ord. No. 4775 §1, 10-16-2000]
Annual fees for intoxicating and non-intoxicating liquor licenses
for the City are imposed as follows:
|
1
|
Authorizing the sale of all types of intoxicating liquor by
the drink at retail to be consumed upon the premises (Class 1 license):
Four hundred fifty dollars ($450.00).
| |
|
2a
|
Authorizing a restaurant bar to sell intoxicating liquor by
the drink on weekdays and Saturdays (Class 2a license): Four hundred
fifty dollars ($450.00).
| |
|
2b
|
Authorizing a restaurant bar to sell intoxicating liquor by the drink on Sunday, as set forth in Section 600.270 (Class 2b license): Three hundred dollars ($300.00).
| |
|
2c
|
Authorizing a restaurant bar to sell malt liquor or light wines
or both malt liquor and light wines by the drink on weekdays and Saturdays
(Class 2c license): Fifty-two dollars fifty cents ($52.50).
| |
|
2d
|
Authorizing a restaurant bar to sell malt liquor or light wines
or both malt liquor and light wines by the drink on Sunday (Class
2d license): Three hundred dollars ($300.00).
| |
|
2e
|
Authorizing certain non-profit organizations to sell intoxicating
liquor by the drink on Sunday (Class 2e license): Three hundred dollars
($300.00).
| |
|
3
|
Authorizing the sale of intoxicating liquor at retail in the
original package not to be consumed on the premises where sold (Class
3 license): One hundred fifty dollars ($150.00).
| |
|
3a
|
Authorizing the Sunday sale of intoxicating liquor at retail
in the original package not to be consumed on the premises where sold
(Class 3a license): Three hundred dollars ($300.00).
| |
|
3b
|
Authorizing the sale of malt beverages and light wines at retail
in the original package not to be consumed on the premises where sold
(Class 3b license): One hundred fifty dollars ($150.00).
[Ord. No. 5222 §2, 6-17-2013] | |
|
3c
|
Authorizing the Sunday sale of malt beverages and light wines
at retail in the original package not to be consumed on the premises
where sold (Class 3c license): Three hundred dollars ($300.00).
[Ord. No. 5222 §2, 6-17-2013] | |
|
4
|
Authorizing the sale of malt liquors containing alcohol in excess
of three and two-tenths percent (3.2%) and not in excess of five percent
(5%) by the drink at retail for consumption on the premises where
sold (Class 4 license): Fifty-two dollars fifty cents ($52.50).
| |
|
4a
|
Authorizing the sale of malt liquor in the original package
(Class 4a): Twenty-two dollars fifty cents ($22.50).
| |
|
4b
|
Authorizing the Sunday sale of malt liquor only in the original
package (Class 4b): Three hundred dollars ($300.00).
| |
|
5a
|
Authorizing a license to sell intoxicating liquor by the drink
at retail not for consumption on the premises where sold, but for
consumption in a common eating and drinking area (Class 5a license):
Four hundred fifty dollars ($450.00).
| |
|
5b
|
Authorizing a license to sell intoxicating liquor by the drink
at retail not for consumption on the premises where sold, but for
consumption in a common eating and drinking area on Sunday (Class
5b license): Three hundred dollars ($300.00).
| |
|
5c
|
Authorizing a license to sell malt liquor or light wines or
both malt liquor and light wines by the drink at retail not for consumption
on the premises where sold, but for consumption in a common eating
and drinking area (Class 5c license): Fifty two dollars and fifty
cents ($52.50).
| |
|
5d
|
Authorizing a license to sell malt liquor or light wines or
both malt liquor and light wines by the drink at retail not for consumption
on the premises where sold, but for consumption in a common eating
and drinking area on Sunday (Class 5d license): Three hundred dollars
($300.00).
| |
|
5e
|
Authorizing the sale of intoxicating liquor at retail for consumption
on the premises during art events on Sunday (5e license) three hundred
dollars ($300.00).
[Ord. No. 5326 § 1, 8-1-2016] |
[CC 1984 §4-74; Ord. No. 3068 §1, 12-28-1971; Ord. No.
3140 §4-40; Ord. No. 3586 §1, 8-20-1979; Ord. No. 3722 §15, 6-1-1981; Ord. No. 3731 §1, 7-4-1981; Ord.
No. 3755 §1, 11-2-1981; Ord. No. 3765 §10, 12-7-1981; Ord.
No. 3812 §1, 10-4-1982; Ord. No. 3820 §1, 12-6-1982; Ord.
No. 3944A §1, 6-20-1983; Ord. No. 3960 §1, 9-6-1983; Ord.
No. 4010 §1, 10-1-1984; Ord. No. 4017 §1, 11-19-1984; Ord. No. 4110 §4, 4-7-1986; Ord. No. 4116 §1, 5-5-1986; Ord.
No. 4127 §1, 6-2-1986; Ord. No. 4134 §1, 8-4-1986; Ord.
No. 4154 §1, 12-1-1986; Ord. No. 4178 §1, 6-1-1987; Ord.
No. 4188 §1, 8-3-1987; Ord. No. 4403 §1, 6-17-1991; Ord.
No. 4664 §1, 3-18-1997; Ord. No. 4776 §1, 10-16-2000; Ord. No. 5158 §1, 10-4-2010; Ord. No. 5222 §3, 6-17-2013; Ord. No. 5326 § 2, 8-1-2016]
The number of licenses authorizing the sale of all types of intoxicating and non-intoxicating liquor at retail by the drink to be consumed upon the premises where sold issued and outstanding in the City at any one (1) time in the classes set out in Section 600.130 shall be limited as follows:
|
Class 1
|
Six (6)
| |
|
Class 2a
|
Twenty (20)
| |
|
Class 2b
|
Twenty (20)
| |
|
Class 2c
|
Five (5)
| |
|
Class 2d
|
Five (5)
| |
|
Class 2e
|
One (1)
| |
|
Class 3
|
Seven (7)
| |
|
Class 3a
|
Seven (7)
| |
|
Class 3b
|
Six (6)
| |
|
Class 3c
|
Six (6)
| |
|
Class 4
|
Three (3)
| |
|
Class 4a
|
Two (2)
| |
|
Class 4b
|
Two (2)
| |
|
Class 5a
|
Four (4)
| |
|
Class 5b
|
Four (4)
| |
|
Class 5c
|
Two (2)
| |
|
Class 5d
|
Two (2)
| |
|
Class 5e
|
Three (3)
|
[CC 1984 §4-80; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-41]
If any license is revoked as provided in this Article, no portion
of the fee paid for such license shall be refunded.
[Ord. No. 5222 §4, 6-17-2013]
A.
The owner, operator or employees of a restaurant-bar may allow patrons
to carry out one or more bottles of unfinished wine, and it shall
be lawful for patrons of such restaurant-bar to carry out one or more
bottles of unfinished wine, under the following conditions:
1.
The patron must have ordered a meal; and
2.
The bottle or bottles of wine must have been at least partially
consumed during the meal; and
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 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 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.
[1]
Editor's Note: Former Section 600.160, Bond Required —
Conditions, as adopted and amended by CC 1984 § 4-81; Ord.
No. 3068 § 1, 12-28-1972; Ord. No. 3074 § 1, 2-5-1973;
Ord. No. 3140 § 4-42, was repealed 3-7-2011 by Ord. No.
5166 § 1.
[Ord. No. 5222 §5, 6-17-2013]
Any person licensed to sell liquor at retail by the drink to
be consumed on the premises, Class 1 license, may use a table tap
dispensing system to allow patrons of the licensee to dispense beer
at a table. Before a patron may dispense beer, an employee of the
licensee must first authorize an amount of beer, not to exceed thirty-two
(32) ounces per patron per authorization, to be dispensed by the table
tap dispensing system.
[CC 1984 §4-21; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-12; Ord.
No. 3722 §6, 6-1-1981; Ord. No. 4023 §1, 1-7-1985; Ord.
No. 5206 §1, 9-4-2012]
A.
No
license for the sale of all kinds of intoxicating liquor shall be
issued to any applicant who proposes to operate such place of business
within a distance of two hundred (200) feet of any church, synagogue
or school building, exclusive of the ground surrounding same, or of
any public park or playground.
B.
No license for the sale of any kind of intoxicating liquor shall
be issued to any applicant who proposes to sell such intoxicating
liquor at any establishment which dispenses gasoline, except for the
sale of malt beverages or light wine in its original package for consumption
not on the premises.
[Ord. No. 5222 §6, 6-17-2013]
C.
"School building" as defined in this Section shall mean
a school of elementary or secondary education.
[CC 1984 §4-22; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-13; Ord.
No. 3722 §7, 6-1-1981]
A.
The
Director, after public hearing, may suspend or revoke any license
issued under this Article for violation of the provisions of this
Article, including those provisions for the issuance of licenses or
the State laws governing the sale of intoxicating liquor or for the
making of a false application or for failing with sufficient reason
to continually operate such licensed premises for a period of thirty
(30) days.
B.
Notice
of the public hearing shall be given in writing to the licensee, either
personally or by certified mail addressed to the licensee at the address
given for the premises licensed at least ten (10) days prior to the
date the hearing is set. The notice shall state the purpose of the
hearing and such additional information necessary to apprise the licensee
of the nature of the proceedings against him/her.
C.
The
Director shall render his/her decision within five (5) days from the
hearing date and shall forthwith notify the licensee in writing of
his/her decision. Any decision of the Director suspending or revoking
a license shall become effective not later than five (5) days from
the date of decision.
D.
Any
person whose license is suspended or revoked by the Director may appeal
such suspension or revocation to the Council by filing a written notice
of such appeal with the Clerk within fifteen (15) days after notice
of the Director's decision. The appeal shall not stay the enforcement
of the Director's decision.
[CC 1984 §4-23; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-14;
Ord. No. 3185 §1, 9-3-1974]
A.
Licensees
desiring to renew current licenses shall, at least sixty (60) days
prior to the expiration of the license, file with the Director an
application for renewal. Upon payment of the license fee by either
bank draft, money order, certified check or cashier's check (no personal
or company checks accepted) made payable to the City of Richmond Heights,
the Director shall authorize renewal of the license for an additional
license year if the conditions under which the original license was
issued have not changed. The Director shall notify the Council of
all renewed licenses.
B.
In
the event the Director determines the conditions under which the original
license was issued have changed, the license shall not be renewed.
The Director shall, within ten (10) days after receipt of the application
for renewal, forward it to the Council stating 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.
[CC 1984 §4-33; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-19;
Ord. No. 3765 §5, 12-7-1981; Ord. No. 4578 §1, 3-20-1995; Ord.
No. 5119 §1, 9-21-2009]
A.
No
license permitting the sale of intoxicating liquor or non-intoxicating
beer in the original package for consumption off the premises where
sold shall be issued except to a person engaged in one (1) or more
of the following businesses: drugstore, cigar and tobacco store, grocery
store, general merchandise store or delicatessen store, hotel lobby
market; nor to any such person who does not have and keep in his/her
store a stock of goods having a value according to invoices of at
least five thousand dollars ($5,000.00), exclusive of fixtures and
intoxicating and non-intoxicating beer; nor to any such person who
does not have a merchant's license from the City.
[Ord. No. 5408, 4-1-2019]
B.
The
holder of a license to sell intoxicating liquor in the original package
for consumption off the premises where sold may conduct wine, malt
beverage and distilled spirits tastings on the licensed premises upon
evidence that a special permit has been issued by the Missouri Supervisor
of Liquor Control and upon such license holder also having obtained
a special permit to do so from the City of Richmond Heights. Such
special permit is obtained by paying a twenty-five dollar ($25.00)
permit fee to the City of Richmond Heights. Nothing herein shall be
construed to permit the licensee to sell wine, malt beverage or distilled
spirits for on-premises consumption.
C.
A business
licensed to sell intoxicating liquor in the original package at retail
as prescribed above, excluding gasoline convenience stores, may sell
from thirty-two (32) to one hundred twenty-eight (128) fluid ounces
of draft beer in containers filled by employees of the business on
the premise for consumption off-premise. To fill containers, the licensee
employees must be at least twenty-one (21) years of age and must follow
the procedures set out herein:
[Ord. No. 5383, 7-16-2018]
1.
Containers filled or refilled under Subsection (C) above of this Section shall be affixed with a label or tag containing the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.
Brand name of product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: “This product may be unfiltered and
unpasteurized. Keep refrigerated at all times.”
2.
In addition, the employee and the retailer shall meet all the health
and safety requirements contained in Section 311.201 of the Missouri
Revised Statutes and shall seal the container.
D.
Sale
Of Retailer-Packaged Alcoholic Beverages To Customers In Containers
For Off-Premises Consumption, When — Requirements.
[Ord. No. 5484, 2-7-2022]
1.
Any person who is licensed to sell intoxicating liquor at retail
by the drink for on-premises consumption 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 the following requirements
are met:
a.
The container of the 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;
b.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
c.
The patron orders and purchases a meal from the licensee simultaneously
with the alcoholic beverage purchase. For purposes of this Subsection,
a "meal" is defined as food that has been prepared on-premises;
d.
The number of alcoholic beverages sold under this section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
e.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
f.
The container is either:
2.
Containers that are filled under Subsection (A)(1) 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."
3.
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.
4.
No provision of law, or rule or regulation of the Division of Alcohol
and Tobacco Control shall be interpreted to allow any wholesaler,
distributor, or manufacturer of intoxicating liquor to furnish containers
that are filled under Subsection (A)(1) of this Section to any person
who is licensed to sell intoxicating liquor at retail.
[CC 1984 §4-34; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-20]
The payment of a package license fee for the sale at retail
of intoxicating liquor or non-intoxicating beer in the original package
shall not exempt any person from liability for a merchant's license.
[CC 1984 §4-52; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-28]
In the event any licensee 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. The privileges
conferred by the license may be exercised by the administrator, executor
or next of kin of the deceased licensee. In such event, such administrator,
executor or licensee shall report the death of the original licensee
to the Director, together with the name and address of the person
by whom the business of such licensee is to be conducted.
[CC 1984 §4-30; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-16]
All corporations licensed under the provisions of this Article
shall notify the Director, in writing, any time corporate stock or
a corporate stock option is sold or conveyed in any manner by any
of the ten (10) principal stockholders and any time a corporation
officer is changed. Such written notice shall be delivered in person
or sent by certified mail to the Director within ten (10) days of
such sale, conveyance or change.
[CC 1984 §4-31; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-17]
Whenever the reports required by Section 600.230 show the total amount of stock sold or conveyed in any manner or placed under option to a person or persons who were not stockholders at the time the last complete petition for a license was approved by the Director exceeds fifteen percent (15%) of the outstanding stock of the corporation, such corporation shall file a complete new petition with the Director.
[CC 1984 §4-32; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-18]
All persons licensed under the provisions of this Article shall
notify the Director, in writing, of all employees who deliver or sell
or assist in the delivery or sale, of intoxicating liquor or non-intoxicating
beer in any manner or function in an administrative, managerial or
supervisory capacity with respect to employees who do deliver or sell
intoxicating liquor or non-intoxicating beer. The notice shall be
in writing and delivered in person to the Director's office or deposited
in the United States mail on or before the fifth (5th) day of the
month following the date on which such persons first became employees.
The notice shall contain the name, residence address, date of birth,
place of birth and general duties of the employee.
[Ord. No. 4874 §1, 10-20-2003]
A.
No
person having a license issued pursuant to this Chapter or Chapter
312, RSMo., 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 the
premises of such person. If the person has a license to sell intoxicating
liquor by the drink, the premises shall be and remain a closed place
as defined in this Section 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. 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 the
days specified in this Section all refrigerators, cabinets, cases,
boxes and taps from which intoxicating liquor is dispensed. 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.
Any person violating any provision of this Section shall be deemed
guilty of a Class A misdemeanor. 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.
B.
Any
person licensed pursuant to this Chapter shall not be permitted to
sell, give away, or otherwise dispose of, or suffer the same to be
done upon or about his/her premises, any intoxicating liquor in any
quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays
and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.
When January first (1st), March seventeenth (17th), July fourth
(4th), or December thirty-first (31st) falls on Sunday, and on the
Sundays prior to Memorial Day and Labor Day and on the Sunday on which
the national championship game of the national football league is
played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of Section 600.260 of this Chapter or any other provision of law to the contrary.
[Ord. No. 4874 §2, 10-20-2003; Ord. No. 5471, 9-20-2021]
A.
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City may issue, a license to sell intoxicating liquor, as in this Chapter defined, between the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday by the drink at retail for consumption on the premises of any restaurant bar as described in the application and defined in Section 600.030 of this Chapter.
B.
Any
new restaurant bar having been in operation for less than ninety (90)
days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday for a period
not to exceed ninety (90) days if the restaurant bar can show a projection
of annual business from prepared meals or food consumed on the premises
of at least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
[Ord. No. 4774 §1, 10-16-2000]
Notwithstanding any other provisions of this Article to the
contrary, any charitable, fraternal, religious, service or veterans'
organization which has obtained an exemption from the payment of Federal
income taxes as provided in Section 501(c)(3), 501(c)(4), 501(c)(5),
501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19), or 501 (d) of the United
States Internal Revenue Code of 1954, as amended, may apply for, and
the director may issue, a license to sell intoxicating liquor, as
defined in this Article, between the hours of 11:00 A.M. on Sunday
and Midnight on Sunday, by the drink at retail for consumption on
the premises described in the application, upon approval by the City
Council.
[Ord. No. 5471, 9-20-2021]
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, or who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the City may issue a license to sell, 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 and defined in Section 600.030 of this Chapter. The times for selling intoxicating liquor as fixed in Section 311.290, RSMo., the authority for the collection of fees by counties and cities as provided in Section 311.220, RSMo., and all other laws and regulations of this State relating to the sale of intoxicating liquor by the drink shall apply to each establishment licensed under this Subsection in the same manner as they apply to establishments licensed under Sections 311.085 and 311.090, RSMo.
[CC 1984 §4-54; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-30; Ord.
No. 3722 §9, 6-1-1981]
No holder of a license authorized by this Article for the sale
of any intoxicating liquor shall keep or secrete in or upon the premises
described in such license any intoxicating liquor except of the character
and kind expressly authorized to be sold by his/her particular license.
[CC 1984 §4-60; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-31]
This Article shall not apply to the possession by any duly licensed
druggist of intoxicating liquor purchased by him/her from a licensed
vendor under a license issued pursuant to the provisions of Sections
311.010 to 311.880, RSMo., for intoxicating liquor lawfully acquired
and transported into the State by him/her pursuant to such provisions,
which liquor is to be used only in connection with the business of
a druggist in compounding medicines or as a solvent or preservative.
Nothing in this Article shall prevent a druggist, duly licensed by
the State, from selling intoxicating liquor to any person on prescription
from a regularly licensed physician.
[CC 1984 §4-53; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-29; Ord.
No. 3722 §8, 6-1-1981]
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. The proposed new location shall comply with all the
conditions prescribed in this Article relating to the location where
intoxicating liquor may be sold.
[CC 1984 §4-40; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-21]
A.
No
person licensed under the provisions of this Article for the retail
sale or consumption of intoxicating liquor or non-intoxicating beer
shall cause or permit:
1.
Any structural changes to be made to his/her licensed premises;
2.
Any walls, partitions, rooms, door or windows to be added to or removed
from his/her licensed premises; nor
3.
Any changes which decrease visibility into his/her licensed premises
from the front sidewalk without first obtaining the written permission
of the Director and without also obtaining such permits and inspections
as are required by other agencies of the City.
[CC 1984 §4-44; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-25]
No license for the sale of any intoxicating liquors hereunder
shall be granted or renewed and any license may be suspended or revoked
in the manner provided in this Article whenever it is shown that any
applicant or licensee maintains in or about any part of his/her premises
or any rooms or buildings adjacent to or used in connection with the
premises any gaming or gambling devices or maintains or permits the
use of the areas for any immoral or unlawful purpose.
[CC 1984 §4-41; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-22]
A.
No
person while on premises licensed for the sale of alcoholic beverages
by the drink shall solicit, induce, entice or encourage in any manner
any other person, not previously known to or acquainted with him/her,
to purchase for such person or others any alcoholic or non-alcoholic
beverage, drink, merchandise or other thing of value, nor for illicit
sexual intercourse.
B.
No
employee on such premises shall, in any manner, aid, assist or encourage
any act prohibited by this Section.
[CC 1984 §4-42; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-23;
Ord. No. 4441 §1, 3-16-1992]
A.
Except as provided in Subsections (D), (E) and (F) of this Section, no minor shall sell, vend, give, or supply nor assist in the sale or dispensing of intoxicating liquors or non-intoxicating beer. No person nor his/her agent nor employee shall sell, give or supply any intoxicating liquor or non-intoxicating beer to any minor, but this shall not apply to the sale of the beverages to a minor for medicinal purposes only, nor to administering of the beverages to a minor by a duly licensed physician, nor to the parent or guardian of the minor for medicinal purposes.
B.
No
minor shall purchase, attempt to purchase or have in his/her possession
any intoxicating liquor.
C.
No
person shall give, lend, sell or otherwise provide any minor any falsified
identification or the identification of another person for the purpose
of establishing the age of the minor as being twenty-one (21) years
of age or older.
D.
In
any place of business licensed in accordance with Section 311.200
or Section 312.040, RSMo., where at least fifty percent (50%) of the
gross sales made consists of goods, merchandise or commodities other
than intoxicating liquor or non-intoxicating beer in the original
package, persons at least eighteen years of age may stock, arrange
displays, accept payment for and sack for carryout intoxicating liquor
or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating
beer away from the licensed business premises cannot be made by anyone
under the age of twenty-one (21) years.
E.
In
any distillery, warehouse, wholesale distributorship or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail or dispensing for consumption or sale at retail.
F.
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 or non-intoxicating beer 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 or non-intoxicating
beer.
G.
No
minor shall represent that he/she has reached the age of twenty-one
(21) years for the purpose of purchasing, asking for or in any way
receiving any intoxicating liquors, nor purchase nor have in his/her
possession such beverages except in cases provided by law. Any such
minor shall be prosecuted, except that any such person under the age
of seventeen (17) years may be considered a delinquent child and may
be dealt with in accordance with the laws of the State respecting
children of such age, particularly, but not exclusively, Chapter 211,
RSMo.
[CC 1984 §4-43; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-24;
Ord. No. 4441 §2, 3-16-1992]
No person nor his/her agent nor employee shall give, sell, vend
or supply any intoxicating liquor or permit it to be given, sold or
supplied to a person who is intoxicated or appearing to be in a state
of intoxication or to be a habitual drunkard.
[CC 1984 §4-61; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-32; Ord.
No. 3722 §10, 6-1-1981]
No person holding a license to sell intoxicating liquor by the
drink at retail shall suffer or permit any minor 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.
[CC 1984 §4-62; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-33; Ord.
No. 3722 §11, 6-1-1981]
No person holding a license to sell intoxicating liquor shall
cause or permit any individual who has been convicted of a felony
or misdemeanor involving moral turpitude to be employed on the licensed
premises.
[CC 1984 §4-63; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-34;
Ord. No. 3765 §6, 12-7-1981]
No manufacturer, brewer or distiller of intoxicating liquor,
nor any wholesale dealer in intoxicating liquor, either directly or
indirectly, shall sell or deliver intoxicating liquor of any kind
to any person not licensed under provisions of this Article to sell
intoxicating liquor.
[CC 1984 §4-64; Ord. No. 3068 §1, 12-28-1971; Ord. No.
3140 §4-35; Ord. No. 3765 §7, 12-7-1981]
A.
Manufacturers,
distillers, wholesalers, wine makers, brewers or other employees,
officers or agents shall not, under any circumstances, directly or
indirectly, have any financial interests in the retail business for
the sale of intoxicating liquors. Such persons shall not, directly
or indirectly, loan, give away or furnish equipment, money, credit
or property of any kind, except ordinary commercial credit for liquor
sold to such retail dealers.
B.
No
such manufacturer, distiller, wholesaler, wine maker or brewer, nor
the employees, officers or agents thereof, shall make any contract
in any way concerning any of their products, obligating such retail
dealers to buy or sell only the products of any such manufacturer,
distiller, brewer or wine maker or obligating such retail dealers
to buy or sell the major part of such products required by such retail
vendors from any such manufacturer, distiller, brewer or wine maker.
Proof of the execution of any such arrangement, interest or contract
as is described in this Section shall be grounds for prosecution as
hereafter provided of both the manufacturer or the vendor and the
vendee.
[CC 1984 §4-70; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-36]
No holder of a license under this Article, nor any person, shall,
for any purpose whatsoever, mix nor permit nor cause to be mixed with
any intoxicating liquor kept for sale, sold or supplied by him/her
as a beverage, a drug or form of methyl alcohol or impure form of
alcohol.
[CC 1984 §4-71; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-37]
No person shall display in any street window or show window
any intoxicating liquor, nor any package, bottle or container bearing
the label or brand of any intoxicating liquor.
[CC 1984 §4-72; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-38]
No person holding a license provided by this Article shall sell
or offer for sale any intoxicating liquor whatsoever brewed, manufactured
or distilled by one (1) manufacturer in substitution for or with the
representation that any such intoxicating liquor is the product of
any other brewer, manufacturer or distiller.
[CC 1984 §4-82; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-43]
No person licensed under the provisions of this Article authorizing
the sale at retail of intoxicating liquor or non-intoxicating beer
shall purchase, borrow or obtain in any manner any intoxicating liquor
or non-intoxicating beer for resale on his/her licensed premises from
any source other than a wholesaler or manufacturer licensed by this
State.
[CC 1984 §4-83; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-44]
No person holding a license to manufacture intoxicating liquors
or to sell liquor at wholesale or in the original package shall sell
or deliver any of such liquor except in a container having printed
or painted thereon in bold and legible letters the name of the manufacturer
and the percentage of alcoholic content, by weight, of such liquor.
[CC 1984 §4-84; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-45]
No person licensed under the provisions of this Article, his/her
agent, servant or employee, shall sell less than three (3) standard
bottles, cans or containers of intoxicating malt liquor or non-intoxicating
beer, except for kegs and barrels, to any person at retail in the
original package not to be consumed on the premises where sold.
[CC 1984 §4-90; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-46]
No person licensed under the provisions of this Article, his/her
agent, servant or employee, shall sell intoxicating liquor other than
malt liquor at retail in the original package not to be consumed on
the premises where sold in any container containing less than one-half
(½) pint.
[CC 1984 §4-91; Ord. No. 3068 §1, 12-28-1971; Ord. No. 3140 §4-47]
A license authorizing the sale of intoxicating liquor for consumption
on the premises where sold may be issued to charitable, religious,
educational, fraternal, civic, service or other non-profit organization
for a period of one (1) week on payment of a license fee of one dollar
($1.00). Not more than three (3) such licenses shall be issued to
any one (1) organization or for any one (1) location during any calendar
year.
[Ord. No. 5319 §1, 6-20-2016]
A.
The City Manager may suspend or revoke any license issued under this
Code for any one (1) or more of the following violations by the licensee
or his/her employee(s):
1.
Failure to prevent or suppress any violent quarrel, disorder,
brawl, fight or other improper or unlawful conduct of any person who
is upon the licensed premises;
2.
Failure to immediately report to the proper law enforcement
authorities an illegal or violent act that has been committed on or
about the licensed premises when the licensee or his/her employee
knew or should have known that said act occurred upon the licensed
premises;
3.
Failure to cooperate fully with law enforcement authorities
during the course of an investigation into an illegal or violent act
that was committed on or about the licensed premises;
4.
Permitting the performance of acts or simulated acts of sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation
or any sex acts which are prohibited by law;
5.
Permitting upon the licensed premises the display of any portion
of the areola of a female breast or permitting a failure to cover
the entire areola and entire front of a female breast with opaque
clothing, except when breastfeeding a baby done discretely;
6.
Permitting upon the licensed premises the actual or simulated
touching, caressing or fondling of the breast, buttocks, anus or genitals
of a person;
7.
Permitting upon the licensed premises the actual or simulated
display of the anus, vulva, genital or pubic hair or permitting a
failure to cover pubic hair, anus, vulva or genitals with opaque clothing;
8.
Permitting any person to remain on the licensed premises after
that person has exposed to public view any portion of his/her genitals
or anus or has failed at any time to have and keep opaque clothing
over all parts of his/her genitals and anus;
9.
Permitting upon the licensed premises the display of films,
video programs or pictures depicting acts which are prohibited by
this Chapter or are offenses involving indecency and obscenity as
set forth in the City of Richmond Heights Code, as amended;
10.
Any violation of the provisions of this Code, including those
provisions of this Code relating to the issuance of licenses, or the
State laws and regulations governing the sale of intoxicating liquor
by the drink.
[CC 1984 §4-92; Ord.
No. 3068 §1, 12-28-1972; Ord. No. 3140 §4-49]
Any person who violates any of the provisions of this Article
shall, upon conviction, be fined not more than five hundred dollars
($500.00) or be imprisoned in the County Jail for a term not to exceed
three (3) months.
[CC 1984 §4-100; Rev. M.C. 1963 §40.02; Ord. No. 3140 §4-50;
Ord. No. 4215 §2, 6-6-1988]
No person shall sell nor expose for sale in the City any non-intoxicating
beer manufactured from pure hops or pure extract of hops, and pure
barley malt or other wholesome grains or cereals, and wholesome yeast,
and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight in any quantity whatsoever without first
procuring a license from the City.
[CC 1984 §4-101; Rev. M.C. 1963 §40.03; Ord. No. 3140 §4-51]
B.
No
person shall be granted a license if:
1.
He/she has had a license revoked under the provisions of this Article;
2.
He/she has been convicted in the Municipal or Police Court of the
City for violation of this Article or any violation of the State liquor
laws;
3.
He/she has been convicted since the ratification of the Twenty-First
Amendment to the United States Constitution of the violation of the
provisions of any law applicable to the manufacture or sale of any
intoxicating liquor; or
4.
He/she employs or has employed in his/her business as such dealer
any person whose license has been revoked or who has been convicted
for violating the provisions of these laws since the date aforesaid.
[CC 1984 §4-102; Rev. M.C. 1963 §40.04; amended
by Ord. No. 3073 §2, 2-5-1973; Ord. No. 3140 §4-52; Ord. No. 4215 §3, 6-6-1988]
The requirements and procedure for submitting and acting upon applications for licenses to sell non-intoxicating beer shall be the same as provided in Article I of this Chapter. The City Manager shall have general supervision over applications for licenses.
[CC 1984 §4-103; Rev. M.C. 1963 §40.05; Ord. No. 3140 §4-53;
Ord. No. 4215 §4, 6-6-1988]
A.
Upon
the filing of the application and bond for a license under this Article
and payment of the license fee, the application shall be presented
to the Council at the next regular or special meeting thereof.
B.
Upon
approval of the application and bond by a majority of the Council,
the City Manager shall grant the applicant a license to conduct a
business in the City for one (1) year from date of license.
C.
A separate
license is required for each place of business.
