Cross Reference — As to drinking in public places prohibited, §210.520.
Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
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.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also
be construed and held to refer to any package containing three (3)
or more standard bottles of beer.
An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.[1]
[1]
Editor's Note: The former definition of "restaurant bar,"
which immediately followed this definition, was repealed 12-17-2012
by Ord. No. 2.112 §1.
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.
A.
No
person shall sell or offer for sale intoxicating liquor in the City
of Weston 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:
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 — 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 Subsection (B)(1) of this Section.
4.
Malt liquor by the drink: Sales of malt liquor at
retail by the drink for consumption on the premises. This license
may include Sunday sales from 9:00 A.M. to Midnight.
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 on Sundays between the hours
of 9:00 A.M. and 12:00 Midnight:
[Ord. No. 2.112 §2, 12-17-2012]
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: Sales of liquor of all
kinds by the drink at retail for consumption on the premises.
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(C) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) 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.
3.
Tasting permit — winery, distiller, manufacturer, etc.
a.
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 Subsection (D)(3), a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.
[Ord. No. 2.101 §1, 4-23-1979; Ord. No. 2.106 §1, 4-28-1986]
A.
No
person shall be granted a liquor license under this Chapter unless
such person is of good moral character, meets the qualifications set
forth in this ordinance and the qualifications required by the State
of Missouri and the rules and regulations of the Missouri Department
of Liquor Control for the type of license for which application is
being made. No license shall be issued to any partnership or corporation
unless the managing officer is of good moral character and the partnership
or corporation meets the qualifications of this Chapter and the qualifications
of the State of Missouri, and the rules and regulations of the Missouri
Department of Liquor Control for the type of license for which application
is being made.
B.
No
license shall be granted to anyone under the age of twenty-one (21)
years or who is a habitual drunkard, or who has been convicted of
any offense against any of the laws applicable to the manufacture
or sale of intoxicating liquor, or who has had a liquor license revoked,
or who has been convicted of a felony resulting from an act of violence,
or who has been declared mentally incompetent by a court proceeding.
C.
No
person shall submit false information to obtain a liquor license.
A.
Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor in the original package, not to be
consumed upon the premises where sold, except to a person engaged
in, and to be used in connection with, the operation of one (1) or
more of the following businesses: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a confectionery
or delicatessen store, 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 one thousand dollars ($1,000.00), exclusive of
fixtures and intoxicating liquors. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B.
Newly Opened Amusement Places.
[Ord. No. 2.112 §3, 12-17-2012]
1.
(Reserved)
2.
Any new amusement place 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 9:00 A.M. and 12:00 Midnight on Sunday for a period not
to exceed ninety (90) days if the amusement place can show a projection
of 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 are in nonalcoholic sales for the first year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The Board of Aldermen may issue a permit for the sale of intoxicating
liquor for consumption on premises where sold to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for sale at a picnic, bazaar, fair or similar gathering.
The permit shall be issued only for the day or days named therein
and it shall not authorize the sale of intoxicating liquor for more
than seven (7) days by any such club or organization.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3.
At the same time that an applicant applies for a permit under the
provisions of this Subsection, the applicant shall notify the Director
of Revenue of the holding of the event by certified mail and by such
notification shall accept responsibility for the collection and payment
of any applicable sales tax.
4.
No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler or distributor from providing customary
storage, cooling or dispensing equipment for use by the permit holder
at such picnic, bazaar, fair or similar gathering.
D.
Operating Hours, Days.
1.
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.
2.
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 this Chapter to the contrary.
E.
General License Regulations.
1.
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 Chapter, may make application
and the Clerk 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. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk,
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.
2.
In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
F.
Druggists May Sell And Physicians Prescribe Liquor. Any
druggist may have in his/her possession intoxicating liquor purchased
by him/her from a licensed vendor under a license pursuant to State
law, or intoxicating liquor lawfully acquired at the place of acquisition
and legally transported into this State, and lawfully inspected, gauged
and labeled as provided by State law; such intoxicating liquor to
be used in connection with the business of a druggist in compounding
medicines or as a solvent or preservant; provided, that nothing in
this Chapter shall prevent a regularly licensed druggist, after he/she
procures a license therefor, from selling intoxicating liquor in the
original package but not to be drunk or the packages opened on the
premises where sold; and provided further, that nothing in this Chapter
shall be construed as limiting the right of a physician to prescribe
intoxicating liquor in accordance with his/her professional judgment
for any patient at any time or prevent a druggist from selling intoxicating
liquor to a person on prescription from a regularly licensed physician
as above provided.
A.
No
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within two hundred (200) feet of any school, church
or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Aldermen, except that when a school, church
or place of worship shall hereafter be established within two hundred
(200) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within two hundred (200)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C.
Subsection (A) of this Section shall not apply 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. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[Ord. No. 2.102.3 §§1 — 2, 11-29-1982; Ord. No. 2.106 §1, 4-28-1986; Ord.
No. 2.102.4 §1, 6-9-1986; Ord. No. 2.102.5 §1, 6-9-1986; Ord.
No. 2.102.6 §1, 7-14-1986; Ord. No. 2.102.7 §1, 8-10-1987; Ord.
No. 2.108 §§1 — 2, 12-10-1990]
A.
The
amount to be paid per year for liquor licenses as described in this
Chapter by any person, firm, partnership, association of persons,
proprietorship or corporation shall be one and one-half (1½)
times the amount required by law to be paid into the State Treasury
for a State permit or license at the time the amount paid to the City
of Weston is due.
B.
The
schedule of fees currently in effect is attached to the schedule of
fees for State license and is held on file in the City offices. The
fees payable to the City of Weston shall be reduced or increased based
upon the State fee schedule in effect at the time the City license
is due.
C.
Licenses
herein shall be issued for a period not exceeding six (6) months and
shall expire on the thirtieth (30th) day of June and the thirty-first
(31st) day of December, respectively, provided the Board of Aldermen
may, upon passing on the application of any license, prorate the amount
of said license according to the term of same.
A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.040 above, or fraction thereof, for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages, in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D.
To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
[Ord. No. 2.101 §2, 4-23-1979; Ord. No. 2.101.6 §§1
— 2, 8-10-1998; Ord. No. 2.101.6, 7-10-2017; Ord. No. 2.101.7, 6-14-2021]
A.
Except as provided in Section 600.060, no liquor licensee shall employ any person under the age of twenty-one (21) years to sell, assist in the sale or dispense intoxicating liquor.
B.
No
establishment licensed to sell intoxicating liquor for consumption
on the premises shall employ any person whose duties it will be to
sell, assist in the sale or dispensing of intoxicating liquor before
such person obtains an employee liquor permit.
C.
All persons wishing to be employed at any liquor establishment selling
intoxicating liquor for consumption on the premises who will directly
participate in retail sales of intoxicating liquor by taking orders
from consumers for intoxicating liquor, mixing (or assisting in mixing),
serving to the consumer, delivering to the consumer, and accepting
payment for in the capacity of, but not limited to, bar manager, bartender,
waiter, waitress, cashier and sales clerk shall make application for
and be issued an employee liquor permit card.
1.
The applicant will complete an APPLICATION FOR EMPLOYEE LIQUOR PERMIT.
The application must be submitted to Weston City Hall with a recent
background check from Missouri Automated Criminal History System (MACHS),
no more than thirty (30) days before the application submission, as
well as a certificate showing completion of the State of Missouri
Alcohol Responsibility Training Program (SMART). Links for the application,
background check and certification program may be obtained through
the City of Weston website.
2.
Employees shall keep their employee liquor permit card on their person at all times while participating in any of the activities described above in Subsection (C) or when requested by a City official.
3.
Upon payment of a twenty-five dollar ($25.00) fee the employee will
be issued an "employee liquor permit card." The employee shall submit
the employee liquor permit card for inspection upon the request of
any Law Enforcement Officer whose duty is to enforce this Chapter.
The employee liquor permit card shall be valid for two (2) calendar
years and shall expire on June 30th of odd years. The employee liquor
permit card shall be renewed by completion of a new Application for
Employee Liquor Permit, obtaining a new background check through the Missouri
Automated Criminal History System (MACHS), no more than thirty (30)
days before the application submission, a new certificate showing
completion of the State of Missouri Alcohol Responsibility Training
Program (SMART), and submission of the twenty-five dollar ($25.00)
application fee.
D.
No
person will be issued a liquor employee's permit card who has been
convicted, since the ratification of the Twenty-First Amendment of
the Constitution of the United States of America, of a violation of
the provisions of any law applicable to manufacture or sale of intoxicating
liquor. No liquor employee's permit card shall be issued to any employee
who by virtue of the laws of the State of Missouri, or the rules and
regulations of the Supervisor of Liquor Control of the State of Missouri,
cannot directly participate in retail sales of intoxicating liquor
by taking orders from consumers for intoxicating liquor, mixing (or
assisting in mixing), serving to the consumer, delivering to the consumer
and accepting payment for in the capacity of, but not limited to,
bar manager, bartender, waiter, waitress, cashier and sales clerk.
E.
Any person who was issued an employee liquor license permit, but was not carrying it while working in a liquor establishment, as described in Subsection (C) above, will be presumed to not have an employee liquor license permit at all.
1.
A first offense of working in a liquor establishment without proof
of an employee liquor license permit is an ordinance violation carrying
a fine of twenty-five dollars ($25.00).
2.
A second offense of working in a liquor establishment without proof
of an employee liquor license permit is an ordinance violation carrying
a fine of fifty dollars ($50.00).
3.
A third offense of working in a liquor establishment without proof
of an employee liquor license permit is an ordinance violation carrying
a fine of one hundred dollars ($100.00).
4.
Any subsequent offenses of working in a liquor establishment without
proof of an employee liquor license permit is an ordinance violation
carrying a fine of two hundred fifty dollars ($250.00) and revocation
of their employee liquor license permit (if applicable).
[Ord. No. 2.101 §3, 4-23-1979]
A.
No
licensee or employee shall consume intoxicating liquor while selling,
assisting in the sale or dispensing of intoxicating liquor or while
volunteering, selling, assisting in the sale or dispensing of intoxicating
liquor.
B.
No
licensee or employee shall resume the selling, assist in the sale
or dispensing of intoxicating liquor for a period of three (3) hours
after consuming intoxicating liquor.
A.
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor
Or Beer, When.
1.
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.
2.
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.
3.
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.
B.
Sales To Minor — Exceptions.
1.
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, 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 for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.
2.
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/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
c.
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.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor.
1.
No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly intoxicated as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2.
The provisions of this Subsection shall not apply to a student who:
a.
Is eighteen (18) years of age or older;
b.
Is enrolled in an accredited college or university and is a student
in a culinary course;
c.
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
3.
The beverage must at all times remain in the possession and control
of any authorized instructor of the college or university, who must
be twenty-one (21) years of age or older. Nothing in this Subsection,
may be construed to allow a student under the age of twenty-one (21)
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.
E.
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 contains intoxicating liquor.
[Ord. No. 2.110 §2, 6-9-2008]
A.
Unlawful For Licensed Retailer To Purchase From Other Than Licensed
Wholesaler. It shall be unlawful for any licensee to purchase
any intoxicating liquor except from, by or through a duly licensed
wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor
purchased in violation of the provisions of this Section.
B.
Packaging, Labeling. Any retailer licensed pursuant to this
Chapter shall not:
1.
Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
2.
Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee, or any
other person, shall for any purpose whatsoever mix or permit or cause
to be mixed with any intoxicating liquor kept for sale, sold or supplied
by him/her as a beverage any drug or form of methyl alcohol or impure
form of alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall
be unlawful for any person to sell any intoxicating liquor which has
not been inspected and labeled according to the provisions of the
Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On Premises.
1.
It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
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 licensee.
2.
Any retailer licensed pursuant to this Chapter shall not:
a.
Sell intoxicating liquor with an alcohol content of less than five
percent (5%) by weight to the consumer in an original carton received
from the wholesaler that has been mutilated, torn apart or cut apart;
or
b.
Repackage intoxicating liquor with an alcohol content of less than
five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G.
Sale For Off-Premises Consumption. No retail licensee nor
employee of the licensee shall sell for off-premises consumption any
glass bottle containing more than thirty (30) ounces of malt liquor
that is chilled or refrigerated to a temperature that is below room
temperature of the licensed premises.
H.
Serving Or Delivering In Vehicles. No retail licensee nor
employee of the licensee shall sell or serve any alcoholic beverage
to any person while the person is operating or is a passenger in or
on any motor vehicle.
I.
Unauthorized Sale Of Property. No retail licensee nor employee
of the licensee shall allow any person to offer for sale or sell any
personal property upon the licensed premises unless the sale of the
property has been authorized by the licensee or the manager or person
in charge of the licensed premises and a City business license or
"garage sale" type permit has been issued.
J.
Disorderliness, Indecency Or Obscenity. Upon the licensed
premises, no retail licensee nor employee of the licensee shall:
1.
Fail to immediately prevent or suppress any violent quarrel or disorder,
brawl, fight or any other act or conduct prohibited or declared to
be unlawful by this Chapter or any other ordinance of the City of
Weston.
2.
Allow language, conduct or songs calculated to provoke a breach of
the peace or obscene literature, entertainment or advertising material.
3.
Allow any employee, entertainer or customer to perform a dance of
any kind upon a bar, table or any other place used for serving food
or beverages.
4.
Allow any person to be unclothed or in less-than-opaque attire, costume
or clothing, so as to expose to view human genitals, pubic region
or pubic hair or buttocks, female breast or breasts below a point
immediately above the top of the areola or any combination of the
foregoing or human male genitals in a discernibly erect state, even
if completely and opaquely covered.
5.
Allow the performance of any acts of sexual conduct, including actual
or simulated, normal or perverted acts of human masturbation; deviate
sexual intercourse; sexual intercourse; or physical contact in an
act of apparent sexual stimulation or gratification with a person's
clothed or unclothed genitals, pubic area, buttocks or the breast
of the female; or any sadomasochistic abuse or acts, including animals
or latent objects in an act of apparent sexual stimulation or gratification,
as the terms are defined in the pornography and related offense Statutes
of the State of Missouri and the same, together with any amendments
thereto, are hereby incorporated by reference as though fully set
forth herein.
K.
Storage At Off-Licensed Premises. No retail licensee shall
store any alcoholic beverage off or outside of the licensed premises
unless a written request is filed with the City of Weston and the
State Liquor Control and written approval is issued by the City of
Weston and the State Liquor Control; except that a licensee may store
alcoholic beverages in a bonded warehouse or central warehouse, if
he/she has first notified the City of Weston and State Liquor Control
in writing of his/her intention to do so.
L.
Entertainment On Premises.
1.
No retail licensee nor employee of the licensee shall allow on or
about the licensed premises entertainment that includes semi-nude
dancing, stripping, stage shows or contests.
2.
Any form of entertainment, live exhibition, performance or dance
characterized by exposure or offers to the public, customers or members
in a viewing area any live exhibition, performance or dance by persons
whose exhibition, performance or dance is characterized by the exposure
of any specified anatomical area or by specified sexual activities
or who otherwise appear unclothed or in such attire, costume or clothing
so as to expose to view specified anatomical areas or dance performed
by a performer who is nude behind an opaque barrier shall be prohibited.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall be at
least eleven (11) inches by fourteen (14) inches and shall read "WARNING:
Drinking alcoholic beverages during pregnancy may cause birth defects".
The licensee shall display such sign in a conspicuous place on the
licensed premises.
A.
Suspension Or Revocation Of License — When — Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.100 of this Chapter.
B.
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, Chapter 311,
RSMo., or any ordinance of the City;
2.
Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control;
3.
Making a false affidavit in an application for a license under this
Chapter;
4.
Failing to keep an orderly place or house;
5.
Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
the license;
6.
Selling, offering for sale, possessing or knowingly permitting the
consumption of any intoxicating liquor which has not been inspected
and labeled according to the laws of the State of Missouri; or
7.
Selling, giving, or otherwise supplying intoxicating liquor to:
a.
Any person under the age of twenty-one (21) years,
b.
Any person during unauthorized hours on the licensed premises,
c.
A habitual drunkard or to any person who is under or apparently under
the influence of intoxicating liquor, or
d.
Any person on the licensed premises during a term of suspension as
ordered by the Board.
C.
Automatic Revocation/Suspension. A license shall be revoked
automatically if the licensee's State liquor license is revoked or
if the licensee is convicted in any court of any violation of Chapter
311, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if
the licensee's State liquor license is suspended, and the suspension
shall be for a term not less than that imposed by the State.
D.
Effect Of Suspension. No person whose license shall have
been suspended by order of the Board shall sell or give away any intoxicating
liquor during the time such suspension is in effect. Any licensee
desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board's order of
suspension in a conspicuous place on the premises so that all persons
visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the Board shall
be in the nature of informal investigations. Testimony of witnesses
and other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.
Witnesses — How Summoned. Subpoenas may be issued
by the Board for any person whose testimony is desired at any hearing.
Such subpoenas may be served and returns thereon made by any agent
and in the same manner as provided by law for the service of subpoenas
in civil suits in the Circuit Courts of this State. The Board also
may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing, he/she shall be sworn by the City Clerk to tell
the truth and nothing but the truth.
D.
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal. Any applicant or licensee aggrieved by a decision
of the Board may appeal such decision to the Circuit Court as provided
in Chapter 536, RSMo., provided such appeal is filed within thirty
(30) days of the date of the Board's decision. The Board may delay
the implementation of its order pending appeal.
[Ord. No. 2.110 §1, 6-9-2008]
A.
Responsibility Of Licensee. Licensees at all times are responsible
for the conduct of their business and at all times are directly responsible
for any act or conduct of any employee on the premises which is in
violation of the provisions of this Chapter or any ordinance of the
City of Weston.
B.
Duty To Report. In the event that any licensee or an employee
of the licensee knows or should have known that an unlawful or violent
act has been committed upon or about the licensed premises, the licensee
or the employee shall immediately report the occurrence to the Police
Department. The licensee and his/her employees shall cooperate with
any law enforcement authority and/or agents of the Missouri Division
of Liquor Control during the course of any investigation into the
occurrence.
C.
Licenses Posted On Premises.
1.
While doing any business during the time for which a City alcoholic
beverage license has been granted, all licensees shall post and keep
displayed the license in a conspicuous place on the licensed premises
so that any person visiting the premises may readily see the license
during the entire term the license is in effect. No licensee shall
post the license or allow the license to be posted upon premises other
than the premises licensed or knowingly deface, destroy or alter the
license in any respect.
2.
A licensee shall also keep prominently displayed on the licensed
premises at all times while the City alcoholic beverage license is
in effect all Federal tax stamps, State licenses and County licenses,
if applicable, issued to the licensee or to the licensed premises.
3.
For purposes of this Chapter, if alcoholic beverages are sold, stored,
distributed or consumed on the premises and a City alcoholic beverage
license is not posted in the manner as provided by this Section, it
shall be prima facie evidence that the premises is not licensed.
D.
Condition Of Premises. All licensees shall at all times
keep the licensed premises safe, clean and sanitary and in accordance
with the applicable rules, regulations and ordinances of the City,
Statutes of the State of Missouri and of the County of Platte and
the Platte County Health Department while displaying the most recent
Health Department inspection on the wall clearly visible to all visitors
on the premises.
E.
Telephone. All licensees shall provide the number, including
unlisted numbers, of any telephone used upon the licensed premises
to the City of Weston, which number(s) shall remain a part of the
licensee's record. The licensee shall notify the City of Weston, within
five (5) days, of the change of any telephone number upon the licensed
premises.
[Ord. No. 2.110 §3, 6-9-2008]
A.
The
premises of any sales-by-drink license shall be a closed place with
all doors locked and no persons upon the premises on all days and
at all times during which the sale of alcoholic beverages is prohibited
by the ordinances of the City of Weston or not permitted by the license,
except under the following conditions:
1.
If the license authorizing the sale of alcoholic beverages is held
by a hotel or motel, the licensee may remain open if all alcoholic
beverages previously dispensed to customers are removed from the customers
and all refrigerators, cabinets, cases, boxes and taps from which
alcoholic beverages may be dispensed are and remain securely locked.
The removal of alcoholic beverages from customers shall not apply
to alcoholic beverages sold or served to guests in private guest rooms.
2.
The licensee or any employee of the licensee may enter or remain
upon the premises for a reasonable time period while actually engaged
in cleaning, maintenance or routine closing or opening activities.
3.
The licensee or any employee of or other person authorized by the
licensee may enter or remain upon the premises pursuant to and for
the purposes of temporary work or construction.
4.
The licensee or any employee of or other person authorized by the
licensee may enter or remain upon the premises for purposes of providing
security.
[Ord. No. 2.110 §4, 6-9-2008]
A.
Upon
the licensed premises of a sales-by-drink licensee, no licensee nor
any employee of the licensee shall:
1.
Allow alcoholic beverages to be brought into or upon the premises
by customers;
2.
Allow any person to remove from the premises any alcoholic beverage
provided for consumption on the premises;
3.
Sell, give away or serve water, soda water, phosphates or any other
kind of liquid to be used for the purpose of mixing intoxicating drinks,
commonly referred to as "setups";
4.
Allow any customer, while in or upon the premises, to pour into,
mix with or add intoxicating liquor to water, soda water, ginger ale,
seltzer, malt, phosphates or any other kind of liquid or other liquor;
5.
Allow any person to drink or consume any alcoholic beverage directly
out of any bottle, if the volume size of the bottle exceeds sixteen
(16) ounces or if the alcohol content of the beverage exceeds fifteen
percent (15%) by volume;
6.
Allow any employee to solicit any customer to purchase alcoholic
beverages or non-alcoholic beverages either for that employee or for
another employee;
7.
Allow any employee directly participating in the sale of alcoholic
beverages as defined by the ordinances of this City to sit at any
bar or table with any customer except for a reasonable period of time
while actually engaged in taking a food or drink order;
8.
Give away alcoholic beverage to any customer;
9.
Sell any alcoholic beverage at retail for less than the price paid
at wholesale.
C.
This Section shall not be construed to prohibit any of the acts described in Subsection (A)(8) of this Section, prohibiting the giving away of alcoholic beverages to any customer, in any duly licensed hotel or motel provided that the hotel or motel provides the complimentary alcoholic beverages during a happy hour not to exceed three (3) hours, the complimentary beverages are provided only to guests of the hotel/motel and the complimentary beverages are a part of a complimentary guest package given to guests of the hotel/motel as a part of the lodging services provided to the hotel/motel guest.
D.
This Section shall not be construed to prohibit any of the acts described in Subsection (A)(8) of this Section, prohibiting the giving away of alcoholic beverages to any customer, on the premises of any duly licensed manufacturer, provided that:
1.
The complimentary beverages are produced by the manufacturer and
are dispensed in connection with its manufacturing business or the
beverages are produced by the manufacturer and given to guests as
samples as part of a tour of the manufacturing facilities;
2.
The manufacturer produces in quantities not less than five thousand
(5,000) gallons per annum; and
3.
The manufacturer maintains a full sales-by-drink license pursuant
to the ordinances of the City of Weston and the State of Missouri.
[Ord. No. 2.110 §5, 6-9-2008]
A.
No
package sales licensee nor employee of the licensee shall permit any
person to consume alcoholic beverages upon the licensed premises.
B.
No
package sales licensee nor employee, of the licensee shall sell, dispense
or give away any alcoholic beverages upon the licensed premises except
in the original package.
C.
A package
sales licensee whose place of business remains open on days or during
the hours when the sale of alcoholic beverages is prohibited by the
ordinances of this City shall, during the times as sale is prohibited,
segregate alcoholic beverages in a storage space inaccessible to the
public or cover or enclose alcoholic beverages by means of a slip
cover constructed from substantial material and secured in a manner
whereby the public shall not have access.
D.
No
package sales licensee nor employee of the licensee shall sell or
give away any drug or controlled substance to any person, provided
that nothing in this Section shall prohibit the licensee, any of its
employees or any person from possessing or using a drug, medicine
or controlled substance in a lawful manner.
[Ord. No. 2.110 §6, 6-9-2008]
A.
No
customer or other person shall bring any alcoholic beverage upon the
licensed premises of any licensee, except as otherwise authorized
by this Chapter. This Section shall not be construed to prohibit any
of the acts described in this Chapter in any private guest or dining
room of a licensed hotel or motel.
B.
No
customer or other person shall perform a dance of any kind upon the
bar, tables or any other place used for serving food or beverages.
C.
No
customer or other person shall remove from the licensed premises of
a sales-by-drink licensee any alcoholic beverage provided for consumption
on the premises.
D.
No
customer or other person shall consume any alcoholic beverage upon
the premises licensed for package sales, unless the premises are licensed
for sales-by-drink.
[Ord. No. 2.110 §8, 6-9-2008]
A.
No
retail licensee nor employee of the licensee shall sell alcoholic
beverages in any place other than that designated on or otherwise
authorized by the license.
B.
No
retail licensee nor employee of the licensee shall take any order
off the licensed premises for the sale of alcoholic beverages at retail
even though the orders are filled and delivery thereof made on the
licensed premises.
C.
Exceptions.
[Ord. No. 2.213, 3-11-2019]
1.
Nothing in this provision shall be construed to prevent any hotel
or motel from serving alcoholic beverage to any guest in any private
guest room, if the alcoholic beverage is served from a licensed premise
within the hotel or motel or from selling alcoholic beverages in a
private guest room from a controlled access liquor cabinet system.
2.
Nothing in this provision shall be construed so as to prevent a licensee
who has been issued a temporary catering permit under the provisions
of the ordinances of the City of Weston from furnishing alcoholic
beverages and services at a location other than the licensed premises
pursuant to the permit.
[Ord. No. 2.110 §9, 6-9-2008]
A.
No
retail licensee shall possess, give away or sell upon the licensed
premises any alcoholic beverage that is not contained in or originally
poured from any bottle or other container unless there is a manufacturer's
label showing the alcoholic beverage or alcoholic content on the bottle
or container.
B.
No
retail licensee may bottle any alcoholic beverage from any barrel
or other container nor may he/she refill or add any substance to the
contents of any alcoholic beverage bottle from any barrel or other
container, unless the licensee holds and is acting under the provisions
of a microbrewery license.
C.
It
shall be prima facie evidence, for purposes of this Section, that
any container on which the manufacturer's label sets forth an alcoholic
beverage or an alcoholic content and on which the original seal is
not broken, shall contain the alcoholic beverage or the alcoholic
content set forth on the manufacturer's label.
[Ord. No. 2.110 §10, 6-9-2008]
A.
No
sales-by-drink licensee nor employee of the licensee shall permit
a person less than twenty-one (21) years of age to enter or remain
upon the licensed premises, except that this prohibition shall not
apply to:
1.
A sales-by-drink licensed premises which qualifies as a restaurant
bar as defined by this ordinance or the ordinances of this City.
2.
A person between eighteen (18) and twenty-one (21) years of age providing or assisting in providing entertainment upon the licensed premises as provided for in Section 600.060;
3.
A person accompanied by parent or lawful guardian;
4.
A sales-by-drink licensed premises affiliated with and located in
a building principally operated as a museum during the regular hours
of museum operation. Nothing contained in this Section shall authorize
a licensee to operate a sales-by-drink premises contrary to the other
provisions of this Article;
5.
A sales-by-drink licensed premises meeting the definition of a special
event or concert venue and all of the following are met:
a.
A security plan/arrangements on file with the City of Weston;
b.
All persons attending the event are required to be identified by
a non-transferable marking or device indicating that they are under
the age of twenty-one (21) and/or twenty-one (21) and older; and
c.
Any other requirements as determined by the City of Weston as needed
to maintain public safety.
6.
A sales-by-drink licensed premises whose total alcohol is no greater
than fifty percent (50%) of total gross sales for the establishment
(examples include, but are not limited to, golf courses, bowling alleys
and theaters) so long as no person is semi-nude or performs semi-nude
on the premises.
[Ord. No. 2.111 §§1 — 3, 5-12-2008]
A.
Temporary Closing Of Liquor Establishments.
1.
The City Police Department is hereby granted certain emergency Police
powers in order to foster and protect the safety of citizens and their
property within the City limits. In that regard, the City Police Department
is charged with monitoring liquor establishments, as that term is
otherwise defined and used in the City ordinances pertaining to the
qualifications and regulations of said liquor establishments.
2.
The City of Weston, or the Chief of Police, or any member of the
Police Department after first obtaining approval from the Chief of
Police, and/or the Mayor of the City of Weston shall have the power
to close, for a period not to exceed twenty-four (24) hours, any liquor
establishment which may be in the immediate area or threat of a mob,
riot, strike or any type of violence, actual or probable. At the earliest
possible time the Mayor shall be notified of such closing; and provided
further, that the City of Weston may not close the liquor establishment
for two (2) or more consecutive twenty-four (24) hour periods, under
the emergency Police powers of the City of Weston, without approval
of the Board of Aldermen.
B.
Failure To Close Liquor Establishment During Suspension Of License
Or Closing Order. Any liquor establishment who fails to maintain
a closed place during the time of any license suspension or closing
order shall be subject to the penalty provisions of this Section.
In addition, the liquor establishment shall also be subject to further
suspension or revocation of his/her license as otherwise provided
in the ordinances of the City of Weston.
