City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
Cross References — Buildings and building regulations, Title V; emergency management, Ch. 230; business licenses and occupations, Ch. 605; planning and development, Ch. 405; streets, sidewalks and other public places, Ch. 535; traffic code, Title III; zoning, Ch. 400.
[RSMo. §§311.020, 312.010; Ord. No. 2006-2718 §1, 4-25-2006]
When used in this Chapter, the following words shall have the meaning set out herein:
AMUSEMENT PLACE
Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or has a dance floor of at least twenty-five hundred (2,500) square feet or any outdoor golf course with a minimum of nine (9) holes and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
INTOXICATING LIQUOR
Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume, except for non-intoxicating beer as defined herein. 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.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water.
NON-INTOXICATING BEER
Any 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.
ORIGINAL PACKAGE
Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator or any other officer appointed by any State or Federal court.
RESORT
Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
RESTAURANT BAR
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.
[Ord. No. 2006-2718 §1, 4-25-2006; Ord. No. 2011-2895 §1, 2-22-2011]
A. 
No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of Aurora without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein.
B. 
General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer:
1. 
Package liquor — malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold. This license may include Sunday sales from 9:00 A.M. to Midnight.
2. 
Package liquor — non-intoxicating beer: Sales of non-intoxicating beer at retail in the original package not for consumption on the premises where sold.
3. 
Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (2) of this Section.
4. 
Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (5) of this Section.
5. 
Malt liquor by the drink: Sales of malt liquor at retail by the drink for consumption on the premises, which license shall also permit the holder thereof to sell non-intoxicating beer as defined in Section 600.010 of this Chapter and set out in Subsection (B)(6) hereof. This license may include Sunday sales 9:00 A.M. to Midnight.
6. 
Liquor by the drink — non-intoxicating beer: Sales of non-intoxicating beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.
7. 
Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(3) of this Section.
C. 
Sunday Sales. Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 9:00 A.M. and Midnight:
1. 
Package liquor — all kinds: Sales of liquor of all kinds in the original package at retail not for consumption on the premises where sold.
2. 
Liquor by the drink — restaurant bar: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any restaurant bar.
3. 
Liquor by the drink — amusement place: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any amusement place.
4. 
Liquor by the drink — place of entertainment: Sales of liquor of all kinds by the drink at retail for consumption on the premises of any place of entertainment.
D. 
Permits.
1. 
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(3) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2. 
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
[Code 1972, §3-10; Ord. No. 84-1859, §2, 9-10-1984; CC 1988 §3-2; Ord. No. 93-2113 §1, 6-14-1993; Ord. No. 2006-2718 §1, 4-25-2006]
A. 
It shall be unlawful for any person to manufacture, sell or expose for sale in this City intoxicating liquor, as defined in this Chapter, without a license issued by the City as provided in this Chapter and without paying the license fee as provided in Section 600.030.
B. 
Any person desiring to sell or expose for sale in this City intoxicating liquor shall present satisfactory evidence to the City Clerk that the applicant has met and satisfied all requirements of Section 311.010, RSMo., et seq., and all regulations as established by the State Department of Liquor Control or such other agency of the State having jurisdiction over the sale of intoxicating liquors.
C. 
The City Clerk shall issue a license to any person applying therefor upon proof that such applicant has satisfied the aforesaid requirements of the State and paid the applicable license fee.
D. 
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 qualification requirements of and complies with the provisions of this Chapter, may apply for, and the City Clerk may issue, a special license to sell intoxicating liquor in the original package at retail, as defined in Section 311.200, RSMo., 1986, between the hours of 1:00 P.M. and Midnight on Sundays.
[1]
Cross Reference — Business licenses and occupations, Ch. 605.
[Code 1972, §§3-11, 3-15; Ord. No. 84-1859 §3, 9-10-1984; CC 1988 §3-3; Ord. No. 93-2113 §2, 6-14-1993; Ord. No. 97-2293 §1, 10-28-1997; Ord. No. 2006-2718 §1, 4-25-2006]
A. 
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. 
General licenses.
a. 
Malt liquor — original package: $75.00.
b. 
Non-intoxicating beer — original package: $22.50.
c. 
Intoxicating liquor (all kinds) — original package: $150.00.
d. 
Malt liquor — by drink: $75.00.
e. 
Malt liquor and light wines — by drink: $75.00.
f. 
Non-intoxicating beer — by drink: $37.50.
g. 
Intoxicating liquor (all kinds) — by drink: $450.00.
2. 
Sunday sales. (Additional fees)
a. 
Intoxicating liquor — original package: $300.00.
b. 
Restaurant bars: $300.00.
c. 
Amusement places: $300.00.
d. 
Liquor by the drink — charitable organizations: $300.00.
3. 
Permits.
a. 
Temporary permit — by the drink for certain organizations (7 days max.): $37.50.
b. 
Tasting permit: $37.50.
c. 
Caterers: $15.00 per each calendar.
4. 
Microbreweries.
a. 
Manufacturing of beer and malt liquor per Section 311.195 RSMo.: $7.50 for each 100 barrels or fraction thereof 375.00 maximum.
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).
[1]
Cross References — Buildings and building regulations, Title V; business licenses and occupations, Ch. 605; streets, sidewalks and other public places, Ch. 535; traffic code, Title III.
[1]
Editor's Note — Ord. no. 93-2113 §4, enacted June 14, 1993, repealed section 600.040 without any provisions for replacement. Said former section derived from CC 1988 §3-4 and ord. no. 87-1954 §2, 12-14-1987. This section has been left reserved for the city's future use.
[Ord. No. 2006-2718 §1, 4-25-2006; Ord. No. 2011-2895 §1, 2-22-2011]
A. 
For each applicant operating a microbrewery, such term "microbrewery" being defined as a business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less, the following license fees shall apply:
1. 
If the microbrewery will sell intoxicating liquor by the drink, the license and fee required in Section 600.030(1)(g) of this Chapter shall be assessed and paid.
2. 
If the microbrewery will sell intoxicating liquor in the original package, the license fee required in Section 600.030(1)(c) of this Chapter shall be assessed and paid.
3. 
If the microbrewery will sell intoxicating liquor in the original package at retail as defined by Section 311.200, RSMo., 1986, between the hours of 9:00 A.M. and Midnight on Sundays, the license and fee required in Section 600.030(2)(a) of this Chapter shall be assessed and paid.
4. 
In addition, a microbrewery shall obtain a "microbrewer's license" from the City Clerk per requirements of Section 600.020 which shall authorize the licensee to manufacture beer and malt liquor.
[1]
State Law Reference — Section 311.195, RSMo., Licenses — retail liquor dealers — fees — applications.
[Code 1972, §3-7; Ord. No. 84-1859, §4, 9-10-1984; CC 1988 §3-5; Ord. No. 2005-2686 §1, 8-23-2005; Ord. No. 2006-2718 §1, 4-25-2006]
It shall be unlawful for any person to drink, or encourage another person to drink, or to have open any container or any original package containing intoxicating liquor, malt liquor or non-intoxicating beer in or upon any public streets, alleys, parks or public thoroughfares of the City, or in or upon or within any automobile in or upon any public streets, alleys, parks or public thoroughfares of the City, or any bus stations, theater, movie theater, bus, taxi or public conveyance or in any public school building or church unless otherwise operating under a special event permit authorized by City Council.
[1]
Cross References — Streets, sidewalks and other public places, Ch. 535; taxicabs and other vehicles for hire, Ch. 610.
[Code 1972 §3-5; Ord. No. 84-1859 §5, 9-10-1984; CC 1988 §3-6; Ord. No. 2006-2718 §1, 4-25-2006]
The possession, actual or constructive, of any intoxicating liquor or non-intoxicating beer by any person under the age of twenty-one (21) years is hereby prohibited within the City limits.
[1]
Cross Reference — Offenses, Ch. 215.
[RSMo. §311.320.2; Ord. No. 91-2037 §3.7, 6-10-1991; Ord. No. 2006-2718 §1, 4-25-2006]
A. 
It shall be unlawful for any person of the age of seventeen (17) years and under the age of twenty-one (21) years to represent that he or she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except as otherwise authorized by law.
B. 
Any person under the age of seventeen (17) years who shall represent that he or she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except as otherwise authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.
C. 
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense.
D. 
Any person found in violation of this Section shall be fined no more than five hundred dollars ($500.00) per offense and/or imprisoned no more than ninety (90) days in the City Jail.
[Ord. No. 93-2113 §3, 6-14-1993; Ord. No. 2006-2718 §1, 4-25-2006; Ord. No. 2011-2895 §1, 2-22-2011]
A. 
It shall be unlawful for a holder of any license issued under this Chapter to offer for sale, any intoxicating liquor during any hours, except as follows:
1. 
During the times established by the Missouri Division of Liquor Control, and Section 311.290, RSMo.
2. 
When December thirty-first (31st) (New Year's Eve), January first (1st) (New Year's Day), March seventeenth (17th) (St. Patrick's Day), or July fourth (4th) (Independence Day) falls on 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 provision of his/her license on said day after 9:00 A.M. and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter or any other provision of law to the contrary.
3. 
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 Clerk may issue, a license to sell intoxicating liquor, as in this Chapter defined, between the hours of 9:00 A.M. and Midnight on Sunday by the drink at retail for consumption on the premises of any amusement place. As used in this Section, "amusement place" means any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as bowling, soccer, billiards, volleyball, handball, racketball, and indoor golf are usually played, and which has annual gross receipts of at least two hundred thousand dollars ($200,000.00) of which no more than fifty percent (50%) may be derived from the sale of alcoholic beverages.
[Ord. No. 94-2148 §600.080, 6-13-1994; Ord. No. 2006-2718 §1, 4-25-2006]
A. 
Any licensee under Chapter 600 of this Code, or his/her employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever, except his/her parent or guardian, who shall procure for, sell, give away or otherwise supply intoxicating liquor 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 shall be deemed to be in violation of this Section, except that this Section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one (21) for medical purposes only or to the administering of such intoxicating liquor to any person by a duly licensed physician.
B. 
Violation of this Section shall be punished, upon conviction, by a minimum fine of one hundred dollars ($100.00) and a maximum fine of five hundred dollars ($500.00), up to ninety (90) days in the City Jail, or both a fine and jail sentence. If the Municipal Judge shall suspend imposition of sentence of any person found in violation of this Section, then the Judge shall require the violator to complete a minimum of forty (40) hours of community service.