City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
Article I In General
Article II Licenses
[CC 1988 §3-1; Ord. No. 2753 §1, 6-4-1984; Ord. No. 2973 §1, 12-18-1989; Ord. No. 3196 §1, 11-21-1994; Ord. No. 3777 §1, 5-19-2008; Ord. No. 3806 §1, 4-20-2009; Ord. No. 3855 §1, 5-17-2010; Ord. No. 3925 §1, 2-20-2012; Ord. No. 3935 §1, 5-21-2012]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
INTOXICATING LIQUOR
Alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent (0.5%) of alcohol by volume.
LIGHT WINE
Any wine containing not in excess of fourteen percent (14%) of alcohol by weight exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
Intoxicating liquor manufactured from malt or a malt substitute, which only includes rice, grain of any kind, bean, glucose, sugar, and molasses; however, honey, fruit, fruit juices, fruit concentrate, herbs, spices, and other food materials may be used as adjuncts in fermenting the malt liquor. If flavor and other non-beverage ingredients containing alcohol are used in producing the malt liquor, the flavor and other non-beverage ingredients containing alcohol may contribute to no more than forty-nine percent (49%) of the overall alcohol content of the finished malt liquor. In the case of malt liquor with an alcohol content of more than six percent (6%) by volume, no more than one and one-half percent (1.5%) of the volume of the beer may consist of alcohol derived from added flavors and other non-beverage ingredients containing alcohol.
MICROBREWERY
A person whose primary activity is brewing and selling of malt liquor with an annual production of ten thousand (10,000) barrels or less.
PERSON
An individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal court.
WINE SHOP
Any establishment that uses automated wine dispensing equipment to dispense wine tasting by the glass at retail for consumption on the premises where sold, so long as at least fifty percent (50%) of the total sales of the wine shop are from package sales.
[CC 1988 §3-2; Ord. No. 2753 §1, 6-4-1984]
No person shall sell intoxicating liquor or malt liquor in any other place than that designated in the license issued under this Chapter, or at any other time, or otherwise, than is authorized by the provisions of this Chapter.
[CC 1988 §3-3; Ord. No. 2905 §1, 5-16-1988; Ord. No. 3141 §1, 6-21-1993; Ord. No. 3197 §1, 11-21-1994; Ord. No. 3541 §1, 10-20-2003; Ord. No. 3570 §1, 6-21-2004; Ord. No. 3926 §1, 2-20-2012]
A. 
No person having a license issued pursuant to this Chapter nor any employee of such person shall sell, give away or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday upon or about his/her premises, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times. 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. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or 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. 
The provisions of Subsection (A) of this Section notwithstanding, 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 to 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.
C. 
Notwithstanding any other provision of this Section or this Chapter to the contrary, any person who possesses the qualifications required by this Section and this Chapter, and who now or hereafter meets the requirement of and complies with the provisions of this Section and this Chapter, may apply for, and the City Council may issue, a license to sell intoxicating liquor, as this Chapter and Section defines the same, between the hours of 9:00 A.M. on Sunday and Midnight on Sunday by the drink at retail for consumption on the premises of any "restaurant bar" as described in the application or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests. As used in this Section, the term "restaurant bar" means 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 consumption 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 requirements of this Section and this Chapter and all other laws and regulations of the State and City relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to the "restaurant bar" or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests in the same manner as they apply to establishment license under this Chapter and, in addition to all other fees required by law, a "restaurant bar" or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests shall pay a fee as provided in Section 600.150.
D. 
Notwithstanding any other provisions of this Section or this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail, may apply to the City Council for a special license to sell intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays. A licensee under this Section shall pay to the City an additional fee of three hundred dollars ($300.00) per year for the privilege of selling intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sundays.
E. 
Notwithstanding any other provisions of this Section or this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor by the drink at retail for the consumption on the premises of a wine shop, may apply to the City Council for a special license to sell intoxicating liquor by the drink at retail for the consumption on the premises of a wine shop between the hours of 10:00 A.M. on Sunday and 10:00 P.M. on Sunday. A licensee under this Section shall pay to the City an additional fee of two hundred dollars ($200.00) per year for the privilege of selling intoxicating liquor by the drink at retail for the consumption on the premises of a wine shop between the hours of 10:00 A.M. and 10:00 P.M. on Sundays.
F. 
Any person violating any provision of this Chapter shall be guilty of a misdemeanor.
[CC 1988 §3-4; Ord. No. 2753 §1, 6-4-1984; Ord. No. 3541 §2, 10-20-2003; Ord. No. 3571 §1, 6-21-2004; Ord. No. 3616 §1, 2-23-2005; Ord. No. 3676 §1, 3-29-2006]
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for license shall first obtain the consent in writing of the City Council, except that when a school, church or place of worship shall hereafter be established within one hundred (100) 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 property owners within one hundred (100) feet of the proposed license premises. This Section shall not apply to a holder of a license issued pursuant to Sections 311.090, 311.218, 311.482, RSMo., or to any premises holding a license issued before January 1, 2004 by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor.
[Ord. No. 3967 §1, 1-21-2013]
A. 
Any person licensed to sell liquor at retail by the drink for consumption on the premises where sold 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.
B. 
No provision of law or rule or regulation of the supervisor shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish table tap dispensing or cooling equipment or provide services for the maintenance, sanitation, or repair of table tap dispensing systems.
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.
[CC 1988 §3-6; Ord. No. 2753 §1, 6-4-1984]
Any person who shall bring into any place of business licensed under the provisions of this Chapter any intoxicating liquors or malt liquors, other than those authorized by the license, which have been opened, or shall consume or attempt to consume any such liquors upon such premises shall be guilty of a misdemeanor.
[Ord. No. 3677 §1, 3-29-2006]
A. 
Notwithstanding any other provision of law, it shall not be unlawful for the owner, operator or employees of a restaurant bar, as defined in Section 311.097, RSMo., to allow patrons to carry out one (1) or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one (1) or more bottles of unfinished wine under the following conditions:
1. 
The patron must have ordered a meal;
2. 
The bottle or bottles of wine must have been at least partially consumed during the meal;
3. 
The restaurant bar must provide a dated receipt for the unfinished bottle or bottles of wine; and
4. 
The restaurant bar must securely reseal the bottle or bottles of wine and place them in one (1) or more one-time-use, tamperproof, transparent bags and securely seal the bag.
B. 
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in paragraph A of this Section, in a vehicle, shall be considered to have violated any State law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar furnished, one-time-use, tamperproof, transparent bags with the seals intact.
C. 
Notwithstanding any other provision of law, it shall be lawful for the owner, operator or employees of a winery to allow patrons to carry out one (1) or more bottles of unfinished wine and it shall be lawful for patrons of such winery to carry out one (1) or more bottles of unfinished wine under the following conditions:
1. 
The bottle or bottles of wine must have been at least partially consumed at the winery;
2. 
The winery must provide a dated receipt for the unfinished bottle or bottles of wine; and
3. 
The winery must securely reseal the bottle or bottles of wine and place them in one (1) or more one-time-use, tamperproof, transparent bags and securely seal the bags.
D. 
Notwithstanding any other provision of law, no person who transports one (1) or more bottles of unfinished wine which came from a winery under the circumstances described under Subsection C of this Section, shall be considered to have violated any State law or local ordinances regarding open containers in vehicles so long as such person has in his or her possession the dated receipt of the winery and the bottle or bottles of wine remain in the winery furnished, one-time-use, tamperproof, transparent bags with the seals intact.
E. 
As used in this Section "winery" means any establishment at which wine is made.
[Ord. No. 3678 §1, 3-29-2006; Ord. No. 3769 §1, 5-19-2008]
A. 
No licensee, his/her employee or any other person shall procure for, 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 or to any person whomsoever, except that this Section shall not apply to the parent or guardian of the minor nor 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 such person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction of unlawful sale or supply to a minor while 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) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his or her parent or guardian.
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;
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.
[Ord. No. 3855 §1, 5-17-2010]
A. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
B. 
In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out, 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. 
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.
[Ord. No. 3679 §1, 3-29-2006; Ord. No. 3783 §1, 5-19-2008; Ord. No. 3850 §1, 3-15-2010]
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 of this Chapter or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section. For purposes of prosecution under this Section, 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 no 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 contained intoxicating liquor.
B. 
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.
C. 
"Full information" for purposes of this Section 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; and
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,
and does not include manuals, schematics or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.
D. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older;
2. 
Is enrolled in an accredited college or university and is a student in a culinary course;
3. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine or other similar malt or fermented beverage as part of the required curriculum; and
4. 
Tastes a beverage under Subdivision (3) of this Subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
[CC 1988 §3-10; Ord. No. 2753 §1, 6-4-1984; Ord. No. 3855 §1, 5-17-2010]
No holder of a license under this Chapter or any other person shall for any purpose whatsoever mix, or permit or cause to be mixed, with any intoxicating liquor or malt liquor kept for sale, sold or supplied by him/her as a beverage any drug or other form of ethyl alcohol or impure form of alcohol.
[Ord. No. 3572 §1, 6-21-2004]
A. 
A valid and unexpired operator's or chauffeur's license issued under the provisions of Section 302.177, RSMo., or 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 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 licensee or Police Officer for the purpose of aiding the licensee or Police Officer 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 Police Officer 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 Division of Alcohol and Tobacco Control or the courts are satisfied that the licensee acted in good faith.
C. 
No person who shall, without authorization from the Department of Revenue, reproduce, alter, modify or misrepresent any chauffeur's license, motor vehicle operator's license or identification card.
[Ord. No. 3680 §1, 3-29-2006; Ord. No. 3851 §1, 3-15-2010]
After a period of not less than one (1) year after reaching the age of twenty-one (21), a person who has pleaded guilty to or has been found guilty of violating Section 600.085 for the first (1st) time and who since such conviction has not been convicted of any other alcohol-related offense may apply to the Municipal Court for an order to expunge all official records of his/her arrest, plea, trial and conviction. If the court determines, upon review, that such person has not been convicted of any other alcohol-related offense at the time of the application for expungement and the person has no other alcohol-related enforcement contacts as defined in Section 302.525, RSMo., the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status he/she occupied prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his/her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him/her for any purpose whatsoever. A person shall be entitled to only one (1) expungement pursuant to this Section or Section 311.326, RSMo. Nothing contained in this Section shall present courts or other State officials from maintaining such records as are necessary to ensure that an individual receives only one (1) expungement pursuant to this Section or Section 311.326, RSMo.
[CC 1988 §3-11; Ord. No. 2753 §1, 6-4-1984; Ord. No. 2974 §1, 12-18-1989; Ord. No. 3855 §1, 5-17-2010; Ord. No. 4119, 5-7-2018]
A. 
It shall be unlawful for any person to sell or to keep for sale any intoxicating liquor or malt liquor in any quantity within the City limits unless a license therefor shall have been duly and regularly issued as provided in this Article.
B. 
Intoxicating liquor or malt liquor shall be sold at retail in the original package under a license granted by the City Council and such intoxicating liquor or malt liquor so sold shall not be consumed upon the premises where sold, nor shall the original package be opened on the premises of the vendor.
C. 
No license shall be issued for the sale of intoxicating liquor or malt 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 one (1) or more of the following businesses: a drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or a delicatessen store, nor to any person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures, intoxicating liquor or malt liquor, at all times during the period for which such license is issued.
D. 
Intoxicating liquor or malt liquor may be sold at retail by the drink for consumption on the premises of the licensee upon a license granted by the City Council, which license shall include the sale of intoxicating liquor or malt liquor in the original package.
E. 
Notwithstanding the other provisions of this Section and this Chapter, a permit to sell malt liquor for consumption on the premises where sold may be issued to any church, school or civic service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor at a picnic, bazaar, fair, horse show or similar gathering. Such permit shall be issued only for the days named therein and it shall not authorize the sale of malt liquor for more than seven (7) days by the club or organization in any fiscal year. The provisions of this Chapter with regard to the location of premises licensed to sell intoxicating liquors within certain distances of churches and schools shall not apply to such temporary permits, nor shall the limitations on the number of licenses permitted to be issued under this Chapter be applicable to such permits.
F. 
Notwithstanding the other provisions of this Section and this Chapter, a temporary permit may be issued for the temporary sale of all wine, light wine and malt liquor at retail by the drink for consumption on the premises where sold by any church, school, civic, service, fraternal, veteran, political, charitable club or organization, or any entity with a temporary State sales license issued pursuant to Sections 311.483 — 311.485, RSMo., between the hours of 11:00 A.M. and 12:00 Midnight daily for sale at a picnic, bazaar, fair or similar gathering. Said permit shall be issued only for the day or days named therein, and it shall not authorize the sale of the aforesaid beverages for more than seven (7) days by any said organization as described above in any fiscal year. The fee for a temporary permit shall be thirty-seven dollars and fifty cents ($37.50). The provisions of this Chapter with regard to the location of premises licensed to sell intoxicating liquors within certain distances of churches and schools shall not apply to such temporary permits, nor shall the limitations on the number of licenses permitted to be issued under this Chapter be applicable to such permits.
G. 
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 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.
H. 
Intoxicating liquor and malt liquor may be sold at retail by the drink for consumption on the premises of a restaurant bar according to the provisions of Section 600.030(C) upon a license granted by the City Council in addition to the license allowing such sale on Monday through Saturday.
[Ord. No. 3806 §3, 4-20-2009; Ord. No. 3855 §1, 5-17-2010]
A. 
Notwithstanding any other provision of this Chapter to the contrary, the holder of a microbrewer's license may apply for, and the City Council may grant, a license to sell malt liquor by the drink at retail for consumption on the microbrewery premises and in the original package for off-premises consumption.
B. 
The holder of the microbrewer's license may also sell malt liquor produced on the brewery premises to duly licensed wholesalers. However, holders of a microbrewer's license shall not, under any circumstances, directly or indirectly, have any financial interest in any wholesaler's business, and all such sales to wholesalers shall be subject to the restrictions of Sections 311.181 and 311.182, RSMo., and other applicable provisions of this Chapter.
[Ord. No. 3928 §1, 2-20-2012]
A. 
Notwithstanding any other provisions of this Section or this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under this Chapter, may apply to the City Council for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises. A licensee under this Section shall pay to the City Council an additional twenty-five dollars ($25.00) a year payable at the same time and manner as other license fees.
B. 
Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
C. 
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Section, a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
D. 
Distilled Spirits — Wine Or Malt Beverage.
1. 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine, or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Subsection (A) or hold a by-the-drink-for-consumption-on-the-premises-where-sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
2. 
Distilled spirits, wine, or malt beverage samples may be dispensed by an employee of the retailer, winery, distiller, manufacturer, or brewer or by a sampling service retained by the retailer, winery, distiller, manufacturer, or brewer. All sampling service employees that provide and pour intoxicating liquor samples on a licensed retail premises shall be required to complete a server training program approved by the Division of Alcohol and Tobacco Control.
3. 
Any distilled spirits, wine, or malt beverage sample provided by the retailer, winery, distiller, manufacturer, wholesaler, or brewer remaining after the tasting shall be returned to the retailer, winery, distiller, manufacturer, wholesaler, or brewer.
[CC 1988 §3-12; Ord. No. 2753 §1, 6-4-1984; Ord. No. 3175 §1, 6-20-1994; Ord. No. 3653 §1, 1-18-2006; Ord. No. 3855 §1, 5-17-2010]
A. 
The number of establishments, taverns or persons licensed to sell intoxicating liquor or malt liquor by the drink for consumption on the premises is hereby set, fixed and determined at not more than fifteen (15).
B. 
The number of establishments, taverns or persons licensed to sell intoxicating liquor or malt liquor in the original package, not to be consumed on the premises, is hereby set, fixed and determined at not more than fifteen (15).
[Ord. No. 3972 §1, 3-18-2013]
A. 
It shall be unlawful for any person operating a premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor or beer on the premises, without having a license for such issued by the City.
B. 
Notwithstanding any other provisions of this Section or this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter may apply to the City Council for a special permit to allow for the consumption of intoxicating liquor or beer on the premises. A licensee under this Section shall pay to the City Council sixty-seven dollars fifty cents ($67.50) a year payable at the same time and manner as other license fees.
C. 
Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption unless the licensee has the appropriate license in accordance with this Chapter. For purposes of this Section, a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the consumption site.
D. 
The drinking and consumption of intoxicating liquor and/or beer shall not be permitted in or upon a licensed premises by any person under twenty-one (21) years of age, or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday, and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Section and Chapter governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provisions regulating the drinking or consumption of intoxicating liquor and/or beer between certain hours and on Sunday shall apply also to premises licensed to sell intoxicating liquor by the drink.
E. 
No intoxicating liquor or beer may be served or sold on any premises used as a polling place on election day.
[CC 1988 §3-13; Ord. No. 2753 §1, 6-4-1984; Ord. No. 3855 §1, 5-17-2010]
Any person desiring a license for the sale of intoxicating liquor or malt liquor in any manner shall prepare and file an application therefor with the City. Such application shall contain all information called for in the form supplied by the City and shall be signed by the applicant.
[CC 1988 §3-14; Ord. No. 3087 §1, 6-15-1992]
A. 
No person, partnership or corporation shall be granted a license under this Chapter unless:
1. 
Such person is of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village of which he/she is a resident;
2. 
The Managing Officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County, Town, City or Village of which he/she is a resident.
B. 
No person, partnership or corporation shall be qualified for a license under this Chapter if:
1. 
Such person's license has been revoked; such person has been convicted, since the ratification of the Twenty-First 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 liquor or malt liquor; such person employs in his/her business any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; or such person or any person he/she employs in his/her business has violated any of the provisions of the Missouri Codified State Regulations, 11 CSR 70-2.130, as amended.
2. 
Such person; any member of such partnership; 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 under this Chapter; or any person employed in the business licensed hereunder shall have had a license revoked; has been convicted, since the ratification of the Twenty-First 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 liquor or malt liquor; has violated any of the provisions of the Missouri Codified State Regulations, 11 CSR 70-2.130, as amended; or is not a person of good moral character.
3. 
In the discretion of the City Council, it is not advisable to grant the license; the proposed location is unsatisfactory; the granting of the license is not in the best interests of the City; or the granting of the license may be detrimental to the health, welfare or safety of the citizens of the City of De Soto.
C. 
As used in this Chapter, the term "financial interest" shall mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise after the payment of reasonable and necessary operating business expenses and taxes, including interest and dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or consideration of interest in, or for the use of the capital devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or profits or in the guise of royalties, commissions, salaries or any other form whatsoever.
[CC 1988 §3-15; Ord. No. 2753 §1, 6-4-1984]
No license or reissue or renewal of any existing license shall be granted under this Chapter until the application shall have been referred to the Chief of Police for investigation. The Chief shall report the result of his/her investigation to the Council. Approval shall be granted only upon a favorable vote of the Council. On approval by the City Council and payment of the license fee provided in this Chapter, an appropriate license shall be issued to the applicant to conduct such business in the City.
[CC 1988 §3-16; Ord. No. 2753 §1, 6-4-1984; Ord. No. 2975 §1, 12-18-1989; Ord. No. 3140 §§1 — 2, 6-21-1993; Ord. No. 3198 §1, 11-21-1994; Ord. No. 3541 §3, 10-20-2003; Ord. No. 3573 §1, 6-21-2004; Ord. No. 3574 §1, 6-21-2004; Ord. No. 3806 §2, 4-20-2009; Ord. No. 3855 §1, 5-17-2010; Ord. No. 3927 §1, 2-20-2012; Ord. No. 3935 §2, 5-21-2012; Ord. No. 3972 §1, 3-18-2013]
A. 
The license fees required and imposed under this Chapter shall be as follows:
1. 
For the sale of all kinds of intoxicating liquors or malt liquors for consumption on the premises of the licensee, four hundred fifty dollars ($450.00) per year.
2. 
For the sale of intoxicating liquors or malt liquors at retail in the original package, not to be consumed on the premises of the licensee, one hundred fifty dollars ($150.00) per year.
3. 
For the sale of intoxicating liquor or malt liquor by a "restaurant bar" or on the premises of any establishment having at least forty (40) rooms for the overnight accommodations of transient guests as hereinbefore described in this Chapter, three hundred dollars ($300.00) per year, which sum shall be in addition to the license fee for sales on Monday through Saturday.
4. 
For the sale of malt liquor by a club or organization referred to in Section 600.100, thirty-seven dollars fifty cents ($37.50) per permit.
5. 
(Reserved)
6. 
For the sale of malt liquors or light wines, or both, at retail by the drink for consumption on the premises where sold, the sum of sixty-seven dollars fifty cents ($67.50) per year.
7. 
A special license to sell intoxicating liquor or malt liquor at retail in the original package, not to be consumed on the premises of the special licensee, between the hours of 9:00 A.M. and Midnight on Sundays (this license may only be issued to someone who already holds a license to sell intoxicating liquor or malt liquor in the original package), the sum of three hundred dollars ($300.00) per year in addition to the sum of any other license fee.
8. 
For a special license authorizing the manufacture of malt liquor by a microbrewery, two hundred fifty dollars ($250.00) per year in addition to the sum of any other license fee.
9. 
For a special license to sell intoxicating liquor by the drink at retail for the consumption on the premises of a wine shop, two hundred dollars ($200.00) per year in addition to the sum of any other license fee.
10. 
For a special license to allow tasting of wine and malt beverages on certain premises as outlined in Section 600.107, twenty-five dollars ($25.00) per year in addition to the sum of any other license fee.
11. 
For a special license to allow for the consumption of intoxicating liquor and/or beer on the premises as outlined in Section 600.115, sixty-seven dollars fifty cents ($67.50) per year.
B. 
Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
A. 
No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law may make application and the City may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased.
B. 
Whenever one (1) or more members of a partnership withdraws from the partnership the City, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
[CC 1988 §3-18; Ord. No. 2753 §1, 6-4-1984]
All licenses under the provisions of this Chapter shall expire on the thirtieth (30th) day of June next after issuance.
[CC 1988 §3-19; Ord. No. 3088 §1, 6-15-1992]
A. 
The City Council may, after public hearing, suspend or revoke any license issued under this Chapter for violation of any of the provisions of this Chapter; for ineligibility of the licensee under Section 600.130; or for violation of Missouri Codified Regulation, 11 CSR 70.2.130, as amended.
B. 
Notice of the public hearing as provided in Subsection (A) of this Section 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. 
When the City Council renders its decision, it shall forthwith notify the licensee in writing of its decision.
D. 
Any person whose license is suspended or revoked by the City Council may appeal such suspension or revocation to the Circuit Court of the County by filing a written notice of such appeal in the manner prescribed by the Missouri Supreme Court Rules. Such an appeal will stay the enforcement of the City Council's decision.
[CC 1988 §3-20; Ord. No. 2753 §1, 6-4-1984]
Any person violating any of the provisions of this Chapter, except where some penalty is otherwise provided, shall, upon conviction thereof, be adjudged guilty of a misdemeanor. Upon conviction of any person under the provisions of this Chapter, it shall be the duty of the Municipal Judge to certify such conviction to the City Council.
[CC 1988 §3-21; Ord. No. 2753 §1, 6-4-1984; Ord. No. 3855 §1, 5-17-2010]
No person shall have more than three (3) licenses or be directly or indirectly interested in any business of any other person to sell intoxicating liquor or malt liquor of any kind.
[CC 1988 §3-22; Ord. No. 2753 §1, 6-4-1984]
In case of revocation, forfeiture, abandonment or non-use of any license granted and issued under the provisions of this Chapter, for cause or otherwise, the City shall in no event return any part of the license fee paid for such license.
[CC 1988 §3-23; Ord. No. 2753 §1, 6-4-1984]
In case of denial of a State license by the State Division of Liquor Control or in the case of death or physical incapacitation of the licensee, the City shall, upon request in writing, refund the license fee to the licensee or the survivor of such licensee on a prorated basis.